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SECTION 1. ADDITIONAL MONITORING AND ACCOUNTABILITY FOR THE TROUBLED
ASSET RELIEF PROGRAM.
Section 114 of the Emergency Economic Stabilization Act of 2008 (12
U.S.C. 5224) is amended by adding at the end the following new
subsection:
``(c) Additional Monitoring and Accountability.--
``(1) Electronic database.--
``(A) In general.--The Secretary shall establish an
electronic database to monitor the use of funds
distributed under this title.
``(B) Sources of data.--The database established
under subparagraph (A) shall include data from the
following sources, to the extent such data is
available, usable, and relevant to determining the
effectiveness of the Troubled Asset Relief Program:
``(i) Regulatory data from any government
source.
``(ii) Filing data from any government
agency receiving regular and structured
filings.
``(iii) Public records.
``(iv) News filings, press releases, and
other forms of publicly available data.
``(v) Data collected under subparagraph
(C)(v).
``(vi) All other information that is
required to be reported under this title by
institutions receiving financial assistance or
procurement contracts under this title.
``(C) Administration and use of database.--The
Secretary shall--
``(i) ensure that the database uses
accurate data structures and taxonomies to
allow for easy cross-referencing, compiling,
and reporting of numerous data elements;
``(ii) ensure that the database provides
for filtering of data content to allow users to
screen for the events most relevant to
identifying waste, fraud, and abuse, such as
management changes and material corporate
events;
``(iii) ensure that the database provides
geospatial analysis capabilities;
``(iv) make the database available to the
Comptroller General of the United States and to
the Special Inspector General and the
Congressional Oversight Panel established under
sections 121 and 125, respectively, to provide
them with access to current information on the
status of the funds distributed under this
title, including funds distributed through
procurement contracts;
``(v) collect from each Federal agency on
at least a daily basis all data that is
relevant to determining the effectiveness of
the Troubled Asset Relief Program in
stimulating prudent lending and strengthening
bank capital, including regulatory filings and
data generated by the use of internal models,
financial models, and analytics; and
``(vi) compare the data in the database
with other appropriate data to identify
activities inconsistent with the goals of this
title.
``(2) Meeting tarp goals.--
``(A) Determination by secretary;
recommendations.--If the Secretary determines that a
recipient's use of funds distributed under this title
is not meeting the goals of this title, the Secretary
shall, in coordination with the appropriate Federal
agencies, develop recommendations for better meeting
such goals, and such agencies shall provide such
recommendations to such recipient.
``(B) Future uses of funds.--If the Secretary
determines that the use of funds described in
subparagraph (A) does not meet the goals of this title
within a reasonable time after the recommendations
communicated under such subparagraph, the Secretary
shall modify the permitted uses of funds distributed
under this title to avoid similar problems in the
future.
``(3) Public access to database.--The Secretary shall,
subject to paragraph (4), adopt rules and procedures for public
access to the database created by this subsection.
``(4) Prohibition against disclosure of certain
information.--
``(A) Prohibition.--A person or entity shall not
disclose to the public information collected under this
subsection that is prohibited from disclosure by any
Federal or State law or regulation or by private
contract or that is considered to be proprietary.
``(B) Protection of information.--The Secretary
shall implement reasonable measures to prevent the
disclosure of information in violation of subparagraph
(A).
``(C) Criminal liability for disclosure.--A Federal
officer or employee, or a contractor of any Federal
agency or employee of such contractor, who
intentionally discloses to the public or intentionally
causes to be disclosed to the public information
prohibited from disclosure by subparagraph (A), knowing
that such information is prohibited from disclosure,
shall be fined under title 18, United States Code, or
imprisoned for not more than 1 year, or both.
``(5) Regulations and procedures.--The Secretary shall, in
consultation with the appropriate Federal agencies, promulgate
regulations and establish any other procedures necessary to
carry out this subsection.
``(6) Implementation deadlines.--
``(A) Contract services.--Not later than 30 days
after the date of the enactment of this subsection, the
Secretary shall issue a request for proposal and award
contract services as required by this subsection.
``(B) Operation of database.--The Secretary shall
ensure that the database described in paragraph (1)(A)
is operational not later than 180 days after the date
of the enactment of this subsection.''.
SEC. 2. REDUCING TARP FUNDS TO OFFSET COSTS OF PROGRAM CHANGES.
Section 115(a)(3) of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5225(a)(3)) is amended by striking ``$700,000,000,000,
as such amount is reduced by $1,259,000,000,, as such amount is reduced
by $1,244,000,000, outstanding at any one time'' and inserting
``$700,000,000,000, as such amount is reduced by $1,293,000,000,
outstanding at any one time''.
Passed the House of Representatives December 2, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Secretary of the Treasury to: (1) establish an electronic database using data from specified sources to monitor the use of Troubled Asset Relief Program (TARP) funds by institutions receiving financial assistance or procurement contracts; and (2) make such database available to the Special Inspector General of TARP, the Comptroller General, and the Congressional Oversight Panel in order to provide them with access to current information on the status of funds distributed under TARP, including funds distributed through procurement contracts.
Requires the Secretary to: (1) collect from each federal agency any regulatory filings, internal models, financial models, and analytics associated with the financial assistance on at least a daily basis in order to determine the effectiveness of TARP in stimulating prudent lending and strengthening bank capital; and (2) compare the data in such database with any other data in order to identify activities inconsistent with TARP goals.
Requires the Secretary, if a recipient's use of TARP funds is not meeting TARP goals, to develop, in coordination with federal agencies, recommendations for better meeting such goals.
Directs the Secretary, furthermore, to modify permitted uses of TARP funds if such goals are not met within a reasonable time after the recommendations are communicated.
Directs the Secretary to: (1) adopt rules and procedures for public access to the electronic database created by this Act; and (2) implement measures to protect confidential or proprietary information. Subjects intentional disclosure of such information to criminal penalties.
Requires the Secretary to: (1) issue a request for proposal and award contract services to implement this Act within 30 days after enactment; and (2) ensure that the electronic database is operational within 180 days after the date of enactment of this Act.
Modifies the reduction of TARP funds to offset the costs of program changes. | To amend the Emergency Economic Stabilization Act of 2008 to provide for additional monitoring and accountability of the Troubled Asset Relief Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Point Reyes Farmland Protection Act
of 1999''.
SEC. 2. POINT REYES FARMLAND PROTECTION.
(a) Definitions.--In this section:
(1) Eligible lands.--
(A) In general.--The term ``eligible lands'' means
parcels of land in Marin or Sonoma Counties in the
State of California that are located wholly or
partially in what is known as--
(i) the Marin County coastal zone, unit II,
per Marin County Agricultural Zoning Map, file
designation, MALT-AGDWG, PLT.HPG, extending
from Lagunitas Creek north along the east shore
of Tomales Bay to the boundary with Sonoma
County; or
(ii) the Sonoma County coastal zone, per
the Sonoma County Post-Local Coastal Plan
Certification Map of January 1981, extending
from the boundary with Marin County north to
Highway 1 and Doran Beach Road.
(B) Exclusion.--The term does not include any lands
described in subparagraph (A) that are zoned solely or
exclusively for commercial or residential use.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State or local government agency; or
(B) a nonprofit organization having substantial
experience in the holding, monitoring, and managing of
conservation easements on eligible lands, including the
Marin Agricultural Land Trust, the Sonoma County
Agricultural Preservation and Open Space District, and
the Sonoma Land Trust.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Purposes.--The purposes of this section are--
(1) to promote the acquisition of conservation easements on
eligible lands from willing sellers, which will protect
agricultural lands and prevent incompatible development, while
still maintaining the lands in private ownership;
(2) to create a voluntary public/private partnership among
the Federal Government, the State of California, local
governments, eligible entities, and participating citizens,
which can serve as a model for other farmland, watershed, and
open space preservation efforts; and
(3) to protect the substantial Federal investment in the
Point Reyes National Seashore by protecting nearby eligible
lands and water resources that maintain the relatively
undeveloped nature of the lands adjacent to Tomales and Bodega
Bays.
(c) Grants for Purchase of Easements.--To promote the purposes of
this section, the Secretary may make grants to eligible entities to
provide the Federal share of the cost of purchasing permanent
conservation easements on eligible lands from willing sellers for the
purpose of preserving agricultural lands.
(d) Negotiation, Acquisition, and Administration of Easements.--
(1) Acquisition of permanent easements.--Easements acquired
using funds provided by the Secretary under subsection (c)
shall be in perpetuity.
(2) Negotiation.--The acquisition of an easement using
funds provided by the Secretary under subsection (c) shall be
negotiated and transacted between the willing seller and the
eligible entity.
(3) Administration.--Easements acquired by an eligible
entity using funds provided by the Secretary under subsection
(c) shall be held by the eligible entity.
(4) Executory limitation.--If an eligible entity holding an
easement acquired using funds provided by the Secretary under
subsection (c) ceases to exist or ceases to be a nonprofit
organization, the eligible entity's rights and obligations
under the easement shall vest in the United States.
(e) Protection of Private Property.--
(1) Consent of owner required.--No interest in eligible
lands may be acquired using funds provided by the Secretary
under subsection (c) without the consent of the owner of the
eligible lands.
(2) Prohibition on land purchases.--Funds provided by the
Secretary under subsection (c) may not be used, or combined
with other funds, to acquire land in fee title.
(3) Regulation.--Nothing in this Act shall be construed to
authorize the Secretary or any other Federal agency or official
to regulate the use or enjoyment of privately owned eligible
lands, including lands subject to easements held by an eligible
entity.
(f) Matching Funds.--
(1) Matching requirement.--Subject to paragraph (2), the
Federal share of the costs for acquiring a conservation
easement in eligible lands may not exceed one half of the total
costs of such acquisition. The non-Federal share of the
acquisition costs may be provided in the form of property,
monies, services, or in-kind contributions, fairly valued.
(2) Recognition of previous conservation efforts.--To the
extent that an eligible entity holds conservation easements on
eligible lands as of the date of the enactment of this Act, the
Secretary shall waive the match requirement of paragraph (1)
for that eligible entity until such time as Federal funds are
provided to that eligible entity under subsection (c) in an
amount equal to the fair market value of the conservation
easements, as determined by the Secretary.
(g) Relationship to Other Land Preservation Efforts.--The authority
provided by this section is in addition to, and shall not preclude the
use of, other authorities that may be available to the Federal
Government to preserve eligible lands.
(h) Authorization of appropriations.--There is authorized to be
appropriated $60,000,000 to the Secretary to make grants under this
section. | Point Reyes Farmland Protection Act of 1999 - Authorizes the Secretary of the Interior to make grants to eligible entities to provide the Federal share of the cost of purchasing permanent conservation easements on eligible lands (specified parcels of land in Marin and Sonoma Counties in California) from willing sellers for the purpose of preserving agricultural lands. Defines "eligible entity" to mean a State or local government agency or a nonprofit organization having substantial experience in the holding, monitoring, and managing of conservation easements on eligible lands, including the Marin Agricultural Land Trust, the Sonoma County Agricultural Preservation and Open Space District, and the Sonoma Land Trust.
Vests an eligible entity's rights and obligations under an easement acquired using funds provided by the Secretary under this Act in the United States if the entity ceases to exist or ceases to be a nonprofit organization.
Prohibits: (1) any interest in eligible lands from being acquired with such funds without the owner's consent; and (2) the use of such funds to acquire land in fee title.
Limits the Federal cost share for acquiring a conservation easement in eligible lands to one half of the total costs of such acquisition. Waives such matching requirement for an eligible entity who currently holds conservation easements on eligible lands until such time as grant funds are provided to that entity in an amount equal to the fair market value of such easements.
Authorizes appropriations. | Point Reyes Farmland Protection Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Protection and
Preparedness Act of 2017''.
SEC. 2. RAIL SPILL PREPAREDNESS FUND.
(a) In General.--Chapter 51 of title 49, United States Code, is
amended by inserting after section 5110 the following:
``Sec. 5111. Rail spill preparedness fund
``(a) Establishment of Rail Account.--There is established in the
Oil Spill Liability Trust Fund a separate account to be known as the
`Rail Account' consisting of such amounts as may be appropriated,
credited, deposited, or transferred to such account as provided in this
section.
``(b) Fee for Certain Railroad Tank Cars Transporting Class 3
Flammable Liquids.--Not later than October 1, 2017, and annually
thereafter, the Secretary shall impose a fee of $1,500 for each DOT-111
specification railroad tank car, including each CPC-1232 tank car, used
to transport Class 3 flammable liquids during the previous fiscal year
that, at the time such tank car was used, did not meet the DOT-117,
DOT-117P, or DOT-117R specifications in part 179 of title 49, Code of
Federal Regulations. Such fee shall be--
``(1) paid by each person who causes such liquids to be
transported by such a tank car in commerce; and
``(2) imposed regardless of--
``(A) train composition; or
``(B) the phase-out schedule under section 7304(b)
of the FAST Act (49 U.S.C. 20155 note).
``(c) Limitation.--A fee imposed pursuant to subsection (b) may not
be imposed on a railroad carrier that transports Class 3 flammable
liquids.
``(d) Means of Collection.--The Secretary shall prescribe
procedures to collect the fees described in subsection (b). The
Secretary may use a department, agency, or instrumentality of the
United States Government or of a State or local government to collect
the fee and may reimburse the department, agency, or instrumentality a
reasonable amount for its services.
``(e) Deposits.--Amounts equivalent to the fees collected pursuant
to subsection (b) shall be deposited into the Rail Account.
``(f) Expenditures.--Amounts deposited pursuant to subsection (e)
shall be available to the Secretary, without need of further
appropriation, only for the following purposes:
``(1) The payment of removal and remediation costs and
other costs, expenses, claims, and damages related to an
accident or incident involving the transportation of Class 3
flammable liquids by rail.
``(2) For the Secretary to make grants to States and Indian
tribes to--
``(A) to develop, improve, and carry out emergency
plans under the Emergency Planning and Community Right-
To-Know Act of 1986 (42 U.S.C. 11001 et seq.) related
to an accident or incident involving the transportation
of Class 3 flammable liquids by rail, including
ascertaining flow patterns of Class 3 flammable liquids
on lands under the jurisdiction of a State or Indian
tribe and lands of another State or Indian tribe;
``(B) to develop and train regional hazardous
material emergency response teams to prepare for an
accident or incident involving the transportation of
Class 3 flammable liquids by rail;
``(C) to train public sector employees to respond
to accidents and incidents involving the transportation
of Class 3 flammable liquids by rail consistent with
the requirements of section 5116; and
``(D) for any other measures that the Secretary, in
consultation with States and Indian tribes, determines
necessary to assist such States and Indian tribes in
preparing for accidents and incidents involving the
transportation of Class 3 flammable liquids by rail.
``(g) Public Sector Training Standards.--To the extent that a grant
under subsection (f) is used to train emergency responders, the State
or Indian tribe shall ensure that the emergency responders who receive
training under the grant have the ability to protect nearby persons,
property, and the environment from the effects of accidents or
incidents involving the transportation of hazardous material in
accordance with existing regulations or National Fire Protection
Association standards for competence of responders to accidents and
incidents involving hazardous materials, including the transportation
of Class 3 flammable liquids by rail.
``(h) No Effect on Compliance or Liability Under Federal or State
Law.--Nothing in this section may be construed to affect or limit the
application of, obligation to comply with, or liability under any
Federal or State law.
``(i) Definitions.--
``(1) Class 3 flammable liquid.--The term `Class 3
flammable liquid' has the meaning given the term flammable
liquid in section 173.120(a) of title 49, Code of Federal
Regulations.
``(2) Railroad carrier.--The term `railroad carrier' has
the meaning given such term in section 20102.''.
(b) Conforming Amendment.--The analysis for chapter 51 of title 49,
United States Code, is amended by inserting after the item relating to
section 5110 the following new item:
``5111. Rail spill preparedness fund.''.
SEC. 3. FINAL RULE ON OIL SPILL RESPONSE PLANS.
Not later than 3 months after the date of enactment of this Act,
the Administrator of the Pipeline and Hazardous Materials Safety
Administration shall issue a final rule relating to the notice of
proposed rulemaking issued on July 29, 2016, entitled ``Hazardous
Materials: Oil Spill Response Plans and Information Sharing for High-
Hazard Flammable Trains'' (81 Fed. Reg. 50067).
SEC. 4. TRACK SAFETY SPECIALISTS.
There are authorized to be appropriated such sums as may be
necessary for the Administrator of the Federal Railroad Administration
to hire a minimum of 2 additional track safety specialists per region.
SEC. 5. STUDY ON THE ADEQUACY OF CERTAIN TRACK INSPECTIONS AND
REGULATIONS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Transportation shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate--
(1) an assessment of the adequacy of--
(A) railroad track inspections, including the
frequency of inspections;
(B) training provided to railroad track inspectors
and related railroad personnel;
(C) railroad compliance with Federal track safety
regulations; and
(D) Federal oversight of railroads with respect to
track safety; and
(2) an evaluation on the leading causes of track defects,
particularly along routes where passenger trains, high-
hazardous flammable trains, or trains carrying poisonous or
toxic-by-inhalation materials, explosives, or radioactive
material traverse. | Community Protection and Preparedness Act of 2017 This bill requires the Department of Transportation (DOT), annually, to impose a $1,500 fee for each DOT-111 specification railroad tank car used to transport Class 3 flammable liquids during the previous fiscal year that did not meet DOT-117, DOT-117P, or DOT-117R specifications at the time it was used. Such fee shall be paid by each person who causes such liquids to be transported by such car in commerce and not by the railroad carrier that transports such liquids. Collected fees shall be deposited into a Rail Account established within the Oil Spill Liability Trust Fund and shall be available only for: the payment of removal and remediation costs and other costs, expenses, claims, and damages related to an accident or incident involving the transportation of Class 3 flammable liquids by rail; and DOT grants to states and Indian tribes to develop emergency plans and to train regional hazardous material emergency response teams and public employees responding to such an accident or incident. The Pipeline and Hazardous Materials Safety Administration shall issue a final rule relating to the notice of proposed rulemaking issued on July 29, 2016, "Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable Trains." Necessary amounts are authorized for the Federal Railroad Administration to hire at least two additional track safety specialists per region. DOT shall: assess the adequacy of railroad track inspections, training provided to railroad track inspectors and related personnel, railroad compliance with federal track safety regulations, and federal oversight of railroad track safety; and evaluate the leading causes of track defects, particularly along train routes traversed by passengers and hazardous materials. | Community Protection and Preparedness Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Unemployment Insurance
Amendments Act of 1994''.
SEC. 2. WAITING PERIOD FOR UNEMPLOYMENT BENEFITS.
Section 2(a)(1)(A) of the Railroad Unemployment Insurance Act is
amended to read as follows:
``(A) Payment of Unemployment Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified
employee for each day of unemployment in excess of 4 during any
registration period within a period of continuing unemployment.
``(ii) Waiting period for first registration period.--
Benefits shall be payable to any qualified employee for each
day of unemployment in excess of 7 during that employee's first
registration period in a period of continuing unemployment if--
``(I) such registration period includes more than 4
days of unemployment; and
``(II) such period of continuing unemployment is
the employee's initial period of continuing
unemployment in the benefit year.
``(iii) Strikes.--
``(I) Initial 14-day waiting period.--If the Board
finds that a qualified employee has a period of
continuing unemployment that includes days of
unemployment due to a stoppage of work because of a
strike in the establishment, premises, or enterprise at
which such employee was last employed, no benefits
shall be payable for such employee's first 14 days of
unemployment due to such stoppage of work.
``(II) Subsequent days of unemployment.--For
subsequent days of unemployment due to the same
stoppage of work, benefits shall be payable as provided
in clause (i) of this subparagraph.
``(III) Subsequent periods of continuing
unemployment.--If such period of continuing
unemployment ends by reason of clause (v) but the
stoppage of work continues, the waiting period
established in clause (ii) shall apply to the
employee's first registration period in a new period of
continuing unemployment based upon the same stoppage of
work.
``(iv) Definition of period of continuing unemployment.--
Except as limited by clause (v), for the purposes of this
subparagraph, the term `period of continuing unemployment'
means--
``(I) a single registration period that includes
more than 4 days of unemployment;
``(II) a series of consecutive registration
periods, each of which includes more than 4 days of
unemployment; or
``(III) a series of successive registration
periods, each of which includes more than 4 days of
unemployment, if each succeeding registration period
begins within 15 days after the last day of the
immediately preceding registration period.
``(v) Special rule regarding end of period.--For purposes
of applying clause (ii), a period of continuing unemployment
ends when an employee exhausts rights to unemployment benefits
under subsection (c) of this section.
``(vi) Limit on amount of benefits.--No benefits shall be
payable to an otherwise eligible employee for any day of
unemployment in a registration period where the total amount of
the remuneration (as defined in section 1(j) of this Act)
payable or accruing to him for days within such registration
period exceeds the amount of the base year monthly compensation
base. For this purpose, an employee's remuneration shall be
deemed to include the gross amount of any remuneration that
would have become payable to that employee but did not become
payable because that employee was not ready or willing to
perform suitable work available to that employee on any day
within such registration period.''.
SEC. 3. WAITING PERIOD FOR SICKNESS BENEFITS.
Section 2(a)(1)(B) of the Railroad Unemployment Insurance Act is
amended to read as follows:
``(B) Payment of Sickness Benefits.--
``(i) Generally.--Except as otherwise provided in this
subparagraph, benefits shall be payable to any qualified
employee for each day of sickness after the fourth consecutive
day of sickness in a period of continuing sickness but
excluding 4 days of sickness in any registration period in such
period of continuing sickness.
``(ii) Waiting period for first registration period.--
Benefits shall be payable to any qualified employee for each
day of sickness in excess of 7 during that employee's first
registration period in a period of continuing sickness if such
registration period begins with 4 consecutive days of sickness
and includes more than 4 days of sickness, except that the
waiting period established in this clause shall not apply to
the first registration period in any subsequent period of
continuing sickness that begins in the same benefit year.
``(iii) Definition of period of continuing sickness.--For
the purposes of this subparagraph, a period of continuing
sickness means--
``(I) a period of consecutive days of sickness,
whether from 1 or more causes; or
``(II) a period of successive days of sickness due
to a single cause without interruption of more than 90
consecutive days which are not days of sickness.
``(iv) Special rule regarding end of period.--For purposes
of applying clause (ii), a period of continuing sickness ends
when an employee exhausts rights to sickness benefits under
subsection (c) of this section.''.
SEC. 4. MAXIMUM DAILY BENEFIT RATE.
Section 2(a)(3) of the Railroad Unemployment Insurance Act is
amended to read as follows:
``(3) The maximum daily benefit rate computed by the Board under
section 12(r)(2) shall be the product of the monthly compensation base,
as computed under section 1(i)(2) for the base year immediately
preceding the beginning of the benefit year, multiplied by 5 percent.
If the maximum daily benefit rate so computed is not a multiple of
$1.00, it shall be rounded down to the nearest multiple of $1.00.''.
SEC. 5. MAXIMUM NUMBER OF DAYS FOR BENEFITS.
(a) In General.--Section 2(c) of the Railroad Unemployment
Insurance Act is amended to read as follows:
``(c) Maximum Number of Days for Benefits.--
``(1) Normal benefits.--
``(A) Generally.--The maximum number of days of
unemployment within a benefit year for which benefits
may be paid to an employee shall be 130, and the
maximum number of days of sickness within a benefit
year for which benefits may be paid to an employee
shall be 130.
``(B) Limitation.--The total amount of benefits
that may be paid to an employee for days of
unemployment within a benefit year shall in no case
exceed the employee's compensation in the base year;
and the total amount of benefits that may be paid to an
employee for days of sickness within a benefit year
shall in no case exceed the employee's compensation in
the base year, except that notwithstanding section
1(i), in determining the employee's compensation in the
base year for the purpose of this sentence, any money
remuneration paid to the employee for services rendered
as an employee shall be taken into account that--
``(i) is not in excess of $775 in any month
before 1989; and
``(ii) in any month in a base year after
1988, is not in excess of an amount that bears
the same ratio to $775 as the monthly
compensation base for that year as computed
under section 1(i) bears to $600.
``(2) Extended benefits.--
``(A) Generally.--With respect to an employee who
has 10 or more years of service as defined in section
1(f) of the Railroad Retirement Act of 1974, who did
not voluntarily retire and (in a case involving
exhaustion of rights to normal benefits for days of
unemployment) did not voluntarily leave work without
good cause, and who had current rights to normal
benefits for days of unemployment or days of sickness
in a benefit year but has exhausted such rights, the
benefit year in which such rights are exhausted shall
be deemed not to be ended until the last day of the
extended benefit period determined under this
paragraph, and extended unemployment benefits or
extended sickness benefits (depending on the type of
normal benefit rights exhausted) may be paid for not
more than 65 days of unemployment or 65 days of
sickness within such extended benefit period.
``(B) Beginning date.--An employee's extended
benefit period shall begin on the employee's first day
of unemployment or first day of sickness, as the case
may be, following the day on which the employee
exhausts the employee's then current rights to normal
benefits for days of unemployment or days of sickness
and shall continue for 7 consecutive 14-day periods,
each of which shall constitute a registration period,
but no such extended benefit period shall extend beyond
the beginning of the first registration period in a
benefit year in which the employee is again qualified
for benefits in accordance with section 3 on the basis
of compensation earned after the first of such
consecutive 14-day periods has begun.
``(C) Termination when employee reaches age of
65.--Notwithstanding any other provision of this
paragraph, an extended benefit period for sickness
benefits shall terminate on the day next preceding the
date on which the employee attains age 65, except that
it may continue for the purpose of paying benefits for
days of unemployment.
``(3) Accelerated benefits.--
``(A) General rule.--With respect to an employee
who has 10 or more years of service as defined in
section 1(f) of the Railroad Retirement Act of 1974,
who did not voluntarily retire, and (in a case
involving unemployment benefits) did not voluntarily
leave work without good cause, who has 14 or more
consecutive days of unemployment, or 14 or more
consecutive days of sickness, and who is not a
qualified employee with respect to the general benefit
year current when such unemployment or sickness
commences but is or becomes a qualified employee for
the next succeeding general benefit year, such
succeeding general benefit year shall, in that
employee's case, begin on the first day of the month in
which such unemployment or sickness commences.
``(B) Exception.--In the case of a succeeding
benefit year beginning in accordance with subparagraph
(A) by reason of sickness, such sentence shall not
operate to permit the payment of benefits in the period
provided for in such sentence for any day of sickness
beginning with the date on which the employee attains
age 65, and continuing through the day preceding the
first day of the next succeeding general benefit year.
``(C) Determination of age.--For the purposes of
this subsection, the Board may rely on evidence of age
available in its records and files at the time
determinations of age are made.''.
(b) Repeal of Deadwood Provision.--Section 2(h) of the Railroad
Unemployment Insurance Act is repealed.
(c) Repeal of Expired Provision.--Section 17 of the Railroad
Unemployment Insurance Act (45 U.S.C. 368), relating to payment of
supplemental unemployment benefits, is repealed.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act.
Passed the House of Representatives August 16, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Railroad Unemployment Insurance Amendments Act of 1994 - Amends the Railroad Unemployment Insurance Act to revise the waiting period for unemployment benefits. Permits an employee to receive up to seven days of unemployment benefits during the first registration period during a time of continued unemployment, under specified conditions. Prohibits payment of benefits during a registration period if the employee had earnings during it of more than the monthly compensation base for the applicable base year.
Makes similar revisions to the waiting period for sickness benefits.
Revises the formula for calculating the maximum daily benefit rate.
Provides extended benefits for up to 65 days of unemployment or 65 days of sickness during a benefit year after exhaustion of regular benefits. | Railroad Unemployment Insurance Amendments Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Drug Review, Utilization,
Good Governance Improvement Act'' or the ``Medicaid DRUG Improvement
Act''.
SEC. 2. MEDICAID DRUG UTILIZATION REVIEW.
(a) State Plan Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (82), at the end, by striking ``and'';
(2) in paragraph (83), at the end, by striking the period
and inserting ``; and''; and
(3) by inserting after paragraph (83) the following new
paragraph:
``(84) provide that the State is in compliance with the
drug review and utilization requirements under subsection
(nn)(1).''.
(b) Drug Review and Utilization Requirements.--Section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended by adding at the end
the following new subsection:
``(nn) Drug Review and Utilization Requirements.--
``(1) In general.--For purposes of subsection (a)(84), the
drug review and utilization requirements under this subsection
are, subject to paragraph (3) and beginning October 1, 2019,
the following:
``(A) Claims review limitations.--
``(i) In general.--The State has in place--
``(I) safety edits (as specified by
the State) for subsequent fills for
opioids and a claims review automated
process (as designed and implemented by
the State) that indicates when an
individual enrolled under the State
plan (or under a waiver of the State
plan) is prescribed a subsequent fill
of opioids in excess of any limitation
that may be identified by the State;
``(II) safety edits (as specified
by the State) on the maximum daily
morphine equivalent that can be
prescribed to an individual enrolled
under the State plan (or under a waiver
of the State plan) for treatment of
chronic pain and a claims review
automated process (as designed and
implemented by the State) that
indicates when an individual enrolled
under the plan (or waiver) is
prescribed the morphine equivalent for
such treatment in excess of any
limitation that may be identified by
the State; and
``(III) a claims review automated
process (as designed and implemented by
the State) that monitors when an
individual enrolled under the State
plan (or under a waiver of the State
plan) is concurrently prescribed
opioids and--
``(aa) benzodiazepines; or
``(bb) antipsychotics.
``(ii) Managed care entities.--The State
requires each managed care entity (as defined
in section 1932(a)(1)(B)) with respect to which
the State has a contract under section 1903(m)
or under section 1905(t)(3) to have in place,
subject to paragraph (3), with respect to
individuals who are eligible for medical
assistance under the State plan (or under a
waiver of the State plan) and who are enrolled
with the entity, the limitations described in
subclauses (I) and (II) of clause (i) and a
claims review automated process described in
subclause (III) of such clause.
``(iii) Rules of construction.--Nothing in
this subparagraph may be construed as
prohibiting a State or managed care entity from
designing and implementing a claims review
automated process under this subparagraph that
provides for prospective or retrospective
reviews of claims. Nothing in this subparagraph
shall be understood as prohibiting the exercise
of clinical judgment from a provider enrolled
as a participating provider in a State plan (or
waiver of the State plan) or contracting with a
managed care entity regarding the best items
and services for an individual enrolled under
such State plan (or waiver).
``(B) Program to monitor antipsychotic medications
by children.--The State has in place a program (as
designed and implemented by the State), including such
a program that the State had in place before the date
of the enactment of this subsection, to monitor and
manage the appropriate use of antipsychotic medications
by children enrolled under the State plan (or under a
waiver of the State plan) and submits annually to the
Secretary such information as the Secretary may require
on activities carried out under such program for
individuals not more than the age of 18 years generally
and children in foster care specifically.
``(C) Fraud and abuse identification.--The State
has in place a process (as designed and implemented by
the State), including such a process that the State had
in place before the date of the enactment of this
subsection, that identifies potential fraud or abuse of
controlled substances by individuals enrolled under the
State plan (or under a waiver of the State plan),
health care providers prescribing drugs to individuals
so enrolled, and pharmacies dispensing drugs to
individuals so enrolled.
``(D) Reports.--The State shall include in the
annual report submitted to the Secretary under section
1927(g)(3)(D) information on the limitations,
requirement, program, and processes applied by the
State under subparagraphs (A) through (C) in accordance
with such manner and time as specified by the
Secretary.
``(2) Annual report by secretary.--For each fiscal year
beginning with fiscal year 2020, the Secretary shall submit to
Congress a report on the most recent information submitted by
States under paragraph (1)(D).
``(3) Exceptions.--
``(A) Certain individuals exempted.--The drug
review and utilization requirements under this
subsection shall not apply with respect to an
individual who--
``(i) is receiving--
``(I) hospice or palliative care;
or
``(II) treatment for cancer;
``(ii) is a resident of a long-term care
facility, of a facility described in section
1905(d), or of another facility for which
frequently abused drugs are dispensed for
residents through a contract with a single
pharmacy; or
``(iii) the State elects to treat as
exempted from such requirements.
``(B) Exception relating to ensuring access.--In
order to ensure reasonable access to health care, the
Secretary may waive the drug review and utilization
requirements under this subsection, with respect to a
State, in the case of natural disasters and similar
situations, and in the case of the provision of
emergency services (as defined for purposes of section
1860D-4(c)(5)(D)(ii)(II)).''.
(c) Managed Care Entities.--Section 1932 of the Social Security Act
(42 U.S.C. 1396u-2) is amended by adding at the end the following new
subsection:
``(i) Drug Utilization Review Activities and Requirements.--
Beginning not later than October 1, 2019, each contract under a State
plan with a managed care entity (other than a primary care case
manager) under section 1903(m) shall provide that the entity is in
compliance with the applicable provisions of section 438.3(s)(2) of
title 42 of the Code of Federal Regulations, section 483.3(s)(4)) of
such title, and section 483.3(s)(5) of such title, as such provisions
were in effect on March 31, 2018.''.
SEC. 3. IDENTIFYING AND ADDRESSING INAPPROPRIATE PRESCRIBING AND
BILLING PRACTICES UNDER MEDICAID.
(a) In General.--Section 1927(g) of the Social Security Act (42
U.S.C. 1396r-8(g)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``of section 1903(i)(10)(B)'' and
inserting ``of section 1902(a)(54)'';
(B) by striking ``, by not later than January 1,
1993,'';
(C) by inserting after ``gross overuse,'' the
following: ``excessive utilization,''; and
(D) by striking ``or inappropriate or medically
unnecessary care'' and inserting ``inappropriate or
medically unnecessary care, or prescribing or billing
practices that indicate abuse or excessive
utilization''; and
(2) in paragraph (2)(B)--
(A) by inserting after ``gross overuse,'' the
following: ``excessive utilization,'';
(B) by striking ``or inappropriate or medically
unnecessary care'' and inserting ``inappropriate or
medically unnecessary care, or prescribing or billing
practices that indicate abuse or excessive
utilization''; and
(C) by adding at the end the following new
sentence: ``In the case that the program identifies a
pattern described in the previous sentence, the State
shall take such remedial actions as determined
necessary to address such pattern.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to retrospective drug use reviews conducted on
or after October 1, 2020.
Amend the title so as to read: ``A bill to amend title XIX
of the Social Security Act to require under Medicaid that State
Medicaid plans have in place certain drug utilization review
activities, and to require States to identify and address
inappropriate prescribing and billing practices under
Medicaid.''. | Medicaid Drug Review, Utilization, Good Governance Improvement Act or the Medicaid DRUG Improvement Act This bill requires state Medicaid programs to establish drug-review and utilization requirements for enrollees, particularly with respect to opioid prescriptions. Drug use review programs must also identify prescribing or billing practices by providers that indicate abuse or excessive utilization. | Medicaid Drug Review, Utilization, Good Governance Improvement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology, Equality and
Accessibility in College and Higher Education Act'' or the ``TEACH
Act''.
SEC. 2. GUIDELINES FOR ACCESSIBLE ELECTRONIC INSTRUCTIONAL MATERIALS
AND RELATED INFORMATION TECHNOLOGIES IN INSTITUTIONS OF
HIGHER EDUCATION.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Architectural and Transportation Barriers
Compliance Board established pursuant to section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792) (in this Act referred to as
the ``Access Board'') shall develop guidelines for the accessibility of
electronic instructional materials and related information technologies
in institutions of higher education. Such guidelines shall--
(1) include performance criteria to ensure that such
materials and technologies are accessible to covered blind
individuals and covered individuals with a disability; and
(2) be consistent with the standards for technical and
functional performance criteria issued pursuant to section
508(a)(2)(A)(ii) of the Rehabilitation Act of 1973 (29 U.S.C.
794d(a)(2)(A)(ii)).
(b) Harmonization With National and International Standards.--The
Access Board shall, to the extent practicable, ensure that the
guidelines issued under subsection (a) are consistent with national and
international accessibility standards for electronic instructional
materials and related information technologies.
(c) Review and Amendment.--Not later than 3 years after the
effective date of the guidelines described in subsection (a), and every
3 years thereafter, the Access Board shall review and, as appropriate,
amend such guidelines to reflect technological advances or changes in
electronic instructional materials and related information
technologies.
SEC. 3. SAFE HARBOR PROTECTIONS.
Institutions of higher education that use electronic instructional
materials and related information technologies that comply with the
accessibility guidelines described in section 2 shall be deemed to be
in compliance with the non-discrimination provisions section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794) and titles II and III of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq., 42
U.S.C. 12181 et seq.) with respect to the use of such materials or
technologies.
SEC. 4. NONCOMPLIANT ELECTRONIC INSTRUCTIONAL MATERIALS AND RELATED
INFORMATION TECHNOLOGIES.
Nothing in this Act shall be construed to require an institution of
higher education to use electronic instructional materials or related
information technologies that conform to the accessibility guidelines
described in section 2 if the institution of higher education provides
such materials or technologies, or an accommodation or modification,
that would allow covered blind individuals and covered individuals with
a disability to receive the educational benefits of such materials or
technologies--
(1) in an equally effective and equally integrated manner
as non-disabled or non-blind students; and
(2) with substantially equivalent ease of use of such
materials or technologies.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out section 2 of this Act.
SEC. 6. DEFINITIONS.
In this Act the following definitions apply:
(1) Blind individual.--The term ``blind individual'' means
an individual whose central visual acuity does not exceed 20/
200 in the better eye with correcting lenses or whose visual
acuity, if better than 20/200, is accompanied by a limit to the
field of vision in the better eye to such a degree that its
widest diameter subtends an angle of no greater than 20
degrees.
(2) Covered blind individual and covered individual with a
disability.--The terms ``covered blind individual'' and
``covered individual with a disability'' mean a blind
individual or an individual with a disability whose blindness
or disability limits the ability of such individual to access
electronic instructional materials and related information
technologies.
(3) Disability.--The term ``disability'' has the meaning
given such term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
(4) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(5) Electronic instructional material.--The term
``electronic instructional material'' means digital curricular
content including course-assigned books, journals, articles,
and web pages, used by students, faculty, or administrative
personnel of an institution of higher education to facilitate
the teaching and learning process, including technologies used
in distance education as defined in section 103 of the Higher
Education Act of 1965 (20 U.S.C. 1003).
(6) Related information technology.--The term ``related
information technology''--
(A) means any electronic platform or delivery
system used by students, faculty, or administrative
personnel of an institution of higher education to
access electronic instructional materials; and
(B) includes any hardware, firmware, software, and
applications required for the manipulation, annotation,
and dissemination of such electronic instructional
materials. | Technology, Equality and Accessibility in College and Higher Education Act or the TEACH Act - Directs the Access Board to develop accessibility guidelines for electronic instructional materials and related information technologies in institutions of higher education (IHEs). Requires those guidelines to: (1) include performance criteria to ensure that electronic instructional materials and related information technologies are accessible to the blind and disabled; (2) be consistent with the standards for technical and functional performance criteria issued pursuant to the Rehabilitation Act of 1973; and (3) be, to the extent practicable, consistent with national and international accessibility standards for those materials and technologies. Directs the Access Board to review and, as appropriate, amend the guidelines every three years to reflect technological advances or changes in electronic instructional materials and related information technologies. Deems IHEs that use electronic instructional materials and related information technologies that comply with the guidelines to be in compliance with nondiscrimination provisions under the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. | TEACH Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stewardship End Result Contracting
Project Act''.
SEC. 2. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
(a) In General.--Title IV of the Omnibus Public Land Management Act
of 2009 is amended--
(1) by redesignating section 4004 (16 U.S.C. 7304) as
section 4005;
(2) by inserting after section 4003 (16 U.S.C. 7303) the
following:
``SEC. 4004. STEWARDSHIP END RESULT CONTRACTING PROJECTS.
``(a) Definitions.--In this section:
``(1) Chief.--The term `Chief' means the Chief of the
Forest Service.
``(2) Director.--The term `Director' means the Director of
the Bureau of Land Management.
``(3) Eligible land.--The term `eligible land' means land
located on National Forest System land or Bureau of Land
Management land located west of the 100th meridian.
``(b) Projects.--The Chief and the Director, via agreement or
contract as appropriate, may enter into stewardship contracting
projects with private persons or other public or private entities to
perform services to achieve land management goals for eligible land
that meets local and rural community needs.
``(c) Land Management Goals.--The land management goals of a
project under subsection (b) may include--
``(1) road and trail maintenance or obliteration to restore
or maintain water quality;
``(2) soil productivity, habitat for wildlife and
fisheries, or other resource values;
``(3) setting of prescribed fires to improve the
composition, structure, condition, and health of stands or to
improve wildlife habitat;
``(4) removing vegetation or other activities to promote
healthy forest stands, reduce fire hazards, or achieve other
land management objectives;
``(5) watershed restoration and maintenance;
``(6) restoration and maintenance of wildlife and fish; or
``(7) control of noxious and exotic weeds and
reestablishing native plant species.
``(d) Agreements or Contracts.--
``(1) Procurement procedure.--A source for performance of
an agreement or contract under subsection (b) shall be selected
on a best-value basis, including consideration of source under
other public and private agreements or contracts.
``(2) Contract for sale of property.--A contract entered
into under this section may, at the discretion of the Secretary
of Agriculture, be considered a contract for the sale of
property under such terms as the Secretary may prescribe
without regard to any other provision of law.
``(3) Term.--
``(A) In general.--Except as provided in
subparagraph (B), the Chief and the Director may enter
into a contract under subsection (b) in accordance with
section 3903 of title 41, United States Code.
``(B) Maximum.--The period of the contract under
subsection (b) may exceed 5 years but may not exceed 10
years.
``(4) Offsets.--
``(A) In general.--The Chief and the Director may
apply the value of timber or other forest products
removed as an offset against the cost of services
received under the agreement or contract described in
subsection (b).
``(B) Methods of appraisal.--The value of timber or
other forest products used as an offset under
subparagraph (A)--
``(i) shall be determined using appropriate
methods of appraisal commensurate with the
quantity of products to be removed; and
``(ii) may--
``(I) be determined using a unit of
measure appropriate to the contracts;
and
``(II) may include valuing products
on a per-acre basis.
``(5) Relation to other laws.--Notwithstanding subsections
(d) and (g) of section 14 of the National Forest Management Act
of 1976 (16 U.S.C. 472a), the Chief may enter into an agreement
or contract under subsection (b).
``(6) Contracting officer.--Notwithstanding any other
provision of law, the Secretary or the Secretary of the
Interior may determine the appropriate contracting officer to
enter into and administer an agreement or contract under
subsection (b).
``(e) Receipts.--
``(1) In general.--The Chief and the Director may collect
monies from an agreement or contract under subsection (b) if
the collection is a secondary objective of negotiating the
contract that will best achieve the purposes of this section.
``(2) Use.--Monies from an agreement or contract under
subsection (b)--
``(A) may be retained by the Chief and the
Director; and
``(B) shall be available for expenditure without
further appropriation at the project site from which
the monies are collected or at another project site.
``(3) Relation to other laws.--
``(A) In general.--Notwithstanding any other
provision of law, the value of services received by the
Chief or the Director under a stewardship contract
project conducted under this section, and any payments
made or resources provided by the contractor, Chief, or
Director shall not be considered monies received from
the National Forest System or the public lands.
``(B) Knutson-vanderberg act.--The Act of June 9,
1930 (commonly known as the `Knutson-Vanderberg Act')
(16 U.S.C. 576 et seq.) shall not apply to any
agreement or contract under subsection (b).
``(f) Costs of Removal.--Notwithstanding the fact that a contractor
did not harvest the timber, the Chief may collect deposits from a
contractor covering the costs of removal of timber or other forest
products under--
``(1) the Act of August 11, 1916 (16 U.S.C. 490); and
``(2) and the Act of June 30, 1914 (16 U.S.C. 498).
``(g) Performance and Payment Guarantees.--
``(1) In general.--The Chief and the Director may require
performance and payment bonds under sections 28.103-2 and
28.103-3 of the Federal Acquisition Regulation, in an amount
that the contracting officer considers sufficient to protect
the investment in receipts by the Federal Government generated
by the contractor from the estimated value of the forest
products to be removed under a contract under subsection (b).
``(2) Excess offset value.--If the offset value of the
forest products exceeds the value of the resource improvement
treatments, the Chief and the Director may--
``(A) collect any residual receipts under the Act
of June 9, 1930 (commonly known as the `Knutson-
Vanderberg Act') (16 U.S.C. 576 et seq.); and
``(B) apply the excess to other authorized
stewardship projects.
``(h) Monitoring and Evaluation.--
``(1) In general.--The Chief and the Director shall
establish a multiparty monitoring and evaluation process that
accesses the stewardship contracting projects conducted under
this section.
``(2) Participants.--Other than the Chief and Director,
participants in the process described in paragraph (1) may
include--
``(A) any cooperating governmental agencies,
including tribal governments; and
``(B) any other interested groups or individuals.
``(i) Reporting.--Not later than 1 year after the date of enactment
of this section, and annually thereafter, the Chief and the Director
shall report to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives on--
``(1) the status of development, execution, and
administration of agreements or contracts under subsection (b);
``(2) the specific accomplishments that have resulted; and
``(3) the role of local communities in the development of
agreements or contract plans.''; and
(3) in section 4005 (as so redesignated), by inserting ``,
other than section 4004'' after ``title''.
(b) Conforming Amendment.--Section 347 of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 2104
note; Public Law 105-277) is repealed. | Stewardship End Result Contracting Project Act - Amends the Omnibus Public Land Management Act of 2009 to authorize the Forest Service and the Bureau of Land Management (BLM) to enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for eligible land that meets local and rural community needs. States that the land management goals of a project may include: (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. Defines "eligible land" to mean land located on National Forest System land or Bureau of Land Management [BLM]) land located west of the 100th meridian. Repeals a section of the Department of the Interior and Related Agencies Appropriations Act, 1999 that provides for forest health protection. | Stewardship End Result Contracting Project Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Relocation Fund Act of
2015''.
SEC. 2. ADDITIONAL USES OF SPECTRUM RELOCATION FUND.
(a) In General.--Section 118 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928) is
amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Additional Payments for Research and Development and Planning
Activities.--
``(1) Amounts available.--Notwithstanding subsections (c)
through (e)--
``(A) there are appropriated from the Fund on the
date of the enactment of the Spectrum Relocation Fund
Act of 2015, and available to the Director of OMB for
use in accordance with paragraph (2), not more than
$500,000,000 from amounts in the Fund on such date of
enactment; and
``(B) there are appropriated from the Fund after
such date of enactment, and available to the Director
of OMB for use in accordance with such paragraph, not
more than 10 percent of the amounts deposited in the
Fund after such date of enactment.
``(2) Use of amounts.--
``(A) In general.--The Director of OMB may use
amounts made available under paragraph (1) to make
payments requested by Federal entities for research and
development, engineering studies, economic analyses, or
other planning activities intended to improve the
efficiency and effectiveness of the spectrum use of
Federal entities in order to make available frequencies
described in subparagraph (C) for reallocation for non-
Federal use or shared Federal and non-Federal use, or a
combination thereof, and for auction in accordance with
such reallocation.
``(B) Systems that improve efficiency and
effectiveness of federal spectrum use.--For purposes of
a payment under subparagraph (A) for activities with
respect to systems that improve the efficiency and
effectiveness of the spectrum use of Federal entities,
such systems include the following:
``(i) Systems that have increased
functionality or that increase the ability of a
Federal entity to accommodate spectrum sharing
with non-Federal entities.
``(ii) Systems that consolidate functions
or services that have been provided using
separate systems.
``(iii) Non-spectrum technology or systems.
``(C) Frequencies described.--The frequencies
described in this subparagraph are, with respect to a
payment under subparagraph (A), frequencies that--
``(i) are assigned to a Federal entity; and
``(ii) at the time of the activities
conducted with such payment, are not identified
for auction.
``(D) Conditions.--The Director of OMB may not make
a payment to a Federal entity under subparagraph (A)--
``(i) unless--
``(I) the Federal entity has
submitted to the Technical Panel
established under section 113(h)(3) a
plan describing the activities that the
Federal entity will conduct with such
payment;
``(II) the Technical Panel has
approved such plan under subparagraph
(E); and
``(III) the Director of OMB has
submitted the plan approved under
subparagraph (E) to the congressional
committees described in subsection
(d)(2)(C); and
``(ii) until 60 days have elapsed after
submission of the plan under clause (i)(III).
``(E) Review by technical panel.--
``(i) In general.--Not later than 120 days
after a Federal entity submits a plan under
subparagraph (D)(i)(I) to the Technical Panel
established under section 113(h)(3), the
Technical Panel shall approve or disapprove
such plan.
``(ii) Criteria for review.--In considering
whether to approve or disapprove a plan under
this subparagraph, the Technical Panel shall
consider whether--
``(I) the activities that the
Federal entity will conduct with the
payment will--
``(aa) increase the
probability of relocation from
or sharing of Federal spectrum;
``(bb) facilitate an
auction intended to occur not
later than 8 years after the
payment; and
``(cc) increase the net
expected auction proceeds in an
amount not less than the time
value of the amount of the
payment; and
``(II) the transfer will leave
sufficient amounts in the Fund for the
other purposes of the Fund.
``(3) Definition of federal entity.--For purposes of this
subsection, the term `Federal entity' has the meaning given the
term in section 113(l).
``(h) Prioritization of Payments.--In determining whether to make
payments under subsections (f) and (g), the Director of OMB shall, to
the extent practicable, prioritize payments under subsection (g).''.
(b) Administrative Support for Technical Panel.--Section
113(h)(3)(C) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(h)(3)(C)) is amended by
striking ``this subsection and subsection (i)'' and inserting ``this
subsection, subsection (i), and section 118(g)(2)(E)''.
(c) Eligible Federal Entities.--
(1) Relocation of and spectrum sharing by federal
government stations.--Section 113 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923) is amended--
(A) in subsection (g)--
(i) in paragraph (1)--
(I) by striking ``authorized to use
a band of eligible frequencies
described in paragraph (2) and'';
(II) by inserting ``eligible''
after ``auction of''; and
(III) by inserting ``eligible''
after ``reallocation of''; and
(ii) in paragraph (3)(A)--
(I) in the matter preceding clause
(i), by striking ``previously assigned
to such entity or the sharing of
spectrum frequencies assigned to such
entity'' and inserting ``or the sharing
of spectrum frequencies'';
(II) in clause (iv), by striking
``and'' at the end;
(III) in clause (v), by striking
the period and inserting ``; and''; and
(IV) by adding at the end the
following:
``(vi) the costs incurred by an incumbent
Federal entity to accommodate sharing the
spectrum frequencies assigned to such entity
with a Federal entity the operations of which
are being relocated from eligible frequencies
described in paragraph (2).''; and
(B) in subsection (h)(1), by striking ``authorized
to use any such frequency''.
(2) Spectrum relocation fund.--Section 118 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928) is amended--
(A) in subsection (c), by striking ``with respect
to'' and all that follows and inserting the following:
``with respect to--
``(1) relocation from or sharing of such eligible
frequencies; or
``(2) in the case of an incumbent Federal entity described
in section 113(g)(3)(A)(vi), accommodating sharing the spectrum
frequencies assigned to such entity with a Federal entity the
operations of which are being relocated from such eligible
frequencies.''; and
(B) in subsection (d)(3)(B)(ii), by inserting
``except in the case of an incumbent Federal entity
described in section 113(g)(3)(A)(vi),'' before ``the
transition plan''. | Spectrum Relocation Fund Act of 2015 This bill amends the National Telecommunications and Information Administration Organization Act to make amounts available from the Spectrum Relocation Fund (SRF) for the Office of Management and Budget (OMB) to pay federal entities for research and development activities to improve the efficiency and effectiveness of their use of electromagnetic spectrum under government station licenses in order to make frequencies available for: (1) reallocation for nonfederal use, shared federal and nonfederal use, or a combination of such uses; and (2) auctions in accordance with such reallocation. As a condition to the OMB paying a federal entity for such activities, the federal entity must have a plan: (1) approved by a technical panel within the National Telecommunications and Information Administration, and (2) submitted by the OMB to the appropriate congressional committees for a period of 60 days. The bill also provides for incumbent federal entities to receive payment from the SRF for relocation and sharing costs incurred to accommodate sharing spectrum frequencies assigned to such entity with another federal entity the operations of which are being relocated from other frequencies. | Spectrum Relocation Fund Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Justice Technical and
Legal Assistance Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government relationship between
the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are responsible
for exercising governmental authority over Indian lands;
(3) the rate of violent crime committed in Indian country is
approximately twice the rate of violent crime committed in the
United States as a whole;
(4) in any community, a high rate of violent crime is a major
obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal
governments and serve as important forums for ensuring the health
and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized
tribal justice systems as the most appropriate forums for the
adjudication of disputes affecting personal and property rights on
Native lands;
(7) enhancing tribal court systems and improving access to
those systems serves the dual Federal goals of tribal political
self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate
coordinating mechanism to meet the technical and legal assistance
needs of tribal justice systems and this lack of adequate technical
and legal assistance funding impairs their operation;
(9) tribal court membership organizations have served a
critical role in providing training and technical assistance for
development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially
through the Legal Services Corporation, have an established record
of providing cost effective legal assistance to Indian people in
tribal court forums, and also contribute significantly to the
development of tribal courts and tribal jurisprudence; and
(11) the provision of adequate technical assistance to tribal
courts and legal assistance to both individuals and tribal courts
is an essential element in the development of strong tribal court
systems.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) to carry out the responsibility of the United States to
Indian tribes and members of Indian tribes by ensuring access to
quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court
systems that address civil and criminal causes of action under the
jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of
Indian tribes through the enhancement and, where appropriate,
development of tribal court systems for the administration of
justice in Indian country by providing technical and legal
assistance services.
(4) To encourage collaborative efforts between national or
regional membership organizations and associations whose membership
consists of judicial system personnel within tribal justice
systems; non-profit entities which provide legal assistance
services for Indian tribes, members of Indian tribes, and/or tribal
justice systems.
(5) To assist in the development of tribal judicial systems by
supplementing prior congressional efforts such as the Indian Tribal
Justice Act (Public Law 103-176).
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Attorney general.--The term ``Attorney General'' means the
Attorney General of the United States.
(2) Indian lands.--The term ``Indian lands'' shall include
lands within the definition of ``Indian country'', as defined in
section 1151 of title 18, United States Code; or ``Indian
reservations'', as defined in section 3(d) of the Indian Financing
Act of 1974 (25 U.S.C. 1452(d)), or section 4(10) of the Indian
Child Welfare Act (25 U.S.C 1903(10)). For purposes of the
preceding sentence, such section 3(d) of the Indian Financing Act
shall be applied by treating the term ``former Indian reservations
in Oklahoma'' as including only lands which are within the
jurisdictional area of an Oklahoma Indian Tribe (as determined by
the Secretary of the Interior) and are recognized by such Secretary
as eligible for trust land status under part 151 of title 25, Code
of Federal Regulations (as in effect on the date of enactment of
this sentence).
(3) Indian tribe.--The term ``Indian tribe'' means any Indian
tribe, band, nation, pueblo, or other organized group or community
which administers justice or plans to administer justice under its
inherent authority or the authority of the United States and which
is recognized as eligible for the special programs and services
provided by the United States to Indian tribes because of their
status as Indians.
(4) Judicial personnel.--The term ``judicial personnel'' means
any judge, magistrate, court counselor, court clerk, court
administrator, bailiff, probation officer, officer of the court,
dispute resolution facilitator, or other official, employee, or
volunteer within the tribal judicial system.
(5) Non-profit entities.--The term ``non-profit entity'' or
``non-profit entities'' has the meaning given that term in section
501(c)(3) of the Internal Revenue Code of 1986.
(6) Office of tribal justice.--The term ``Office of Tribal
Justice'' means the Office of Tribal Justice in the United States
Department of Justice.
(7) Tribal justice system.--The term ``tribal court'', ``tribal
court system'', or ``tribal justice system'' means the entire
judicial branch, and employees thereof, of an Indian tribe,
including, but not limited to, traditional methods and fora for
dispute resolution, trial courts, appellate courts, including
inter-tribal appellate courts, alternative dispute resolution
systems, and circuit rider systems, established by inherent
tribunal authority whether or not they constitute a court of
record.
TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL
ASSISTANCE GRANTS
SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to national or regional membership organizations and
associations whose membership consists of judicial system personnel
within tribal justice systems which submit an application to the
Attorney General in such form and manner as the Attorney General may
prescribe to provide training and technical assistance for the
development, enrichment, enhancement of tribal justice systems, or
other purposes consistent with this Act.
SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to non-profit entities, as defined under section 501(c)(3) of
the Internal Revenue Code of 1986, which provide legal assistance
services for Indian tribes, members of Indian tribes, or tribal justice
systems pursuant to Federal poverty guidelines that submit an
application to the Attorney General in such form and manner as the
Attorney General may prescribe for the provision of civil legal
assistance to members of Indian tribes and tribal justice systems, and/
or other purposes consistent with this Act.
SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to non-profit entities, as defined by section 501(c)(3) of the
Internal Revenue Code of 1986, which provide legal assistance services
for Indian tribes, members of Indian tribes, or tribal justice systems
pursuant to Federal poverty guidelines that submit an application to
the Attorney General in such form and manner as the Attorney General
may prescribe for the provision of criminal legal assistance to members
of Indian tribes and tribal justice systems, and/or other purposes
consistent with this Act. Funding under this title may apply to
programs, procedures, or proceedings involving adult criminal actions,
juvenile delinquency actions, and/or guardian-ad-litem appointments
arising out of criminal or delinquency acts.
SEC. 104. NO OFFSET.
No Federal agency shall offset funds made available pursuant to
this Act for Indian tribal court membership organizations or Indian
legal services organizations against other funds otherwise available
for use in connection with technical or legal assistance to tribal
justice systems or members of Indian tribes.
SEC. 105. TRIBAL AUTHORITY.
Nothing in this Act shall be construed to--
(1) encroach upon or diminish in any way the inherent sovereign
authority of each tribal government to determine the role of the
tribal justice system within the tribal government or to enact and
enforce tribal laws;
(2) diminish in any way the authority of tribal governments to
appoint personnel;
(3) impair the rights of each tribal government to determine
the nature of its own legal system or the appointment of authority
within the tribal government;
(4) alter in any way any tribal traditional dispute resolution
fora;
(5) imply that any tribal justice system is an instrumentality
of the United States; or
(6) diminish the trust responsibility of the United States to
Indian tribal governments and tribal justice systems of such
governments.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the activities under this title, there
are authorized to be appropriated such sums as are necessary for fiscal
years 2000 through 2004.
TITLE II--INDIAN TRIBAL COURTS
SEC. 201. GRANTS.
(a) In General.--The Attorney General may award grants and provide
technical assistance to Indian tribes to enable such tribes to carry
out programs to support--
(1) the development, enhancement, and continuing operation of
tribal justice systems; and
(2) the development and implementation of--
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs, and
alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary
protocols for child physical and sexual abuse; and
(E) traditional tribal judicial practices, traditional
tribal justice systems, and traditional methods of dispute
resolution.
(b) Consultation.--In carrying out this section, the Attorney
General may consult with the Office of Tribal Justice and any other
appropriate tribal or Federal officials.
(c) Regulations.--The Attorney General may promulgate such
regulations and guidelines as may be necessary to carry out this title.
(d) Authorization of Appropriations.--For purposes of carrying out
the activities under this section, there are authorized to be
appropriated such sums as are necessary for fiscal years 2000 through
2004.
SEC. 202. TRIBAL JUSTICE SYSTEMS.
Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is
amended--
(1) in subsection (a), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007'';
(2) in subsection (b), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007'';
(3) in subsection (c), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007''; and
(4) in subsection (d), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007''.
TITLE III--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT
SEC. 301. ALASKA NATIVE VETERANS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) Subsection (a)(3)(I)(4) is amended by striking ``and
Reindeer'' and inserting ``or''.
(2) Subsection (a)(4)(B) is amended by striking ``; and'' and
inserting ``; or''.
(3) Subsection (b)(1)(B)(i) is amended by striking ``June 2,
1971'' and inserting ``December 31, 1971''.
(4) Subsection (b)(2) is amended by striking the matter
preceding subparagraph (A) and inserting the following:
``(2) The personal representative or special administrator,
appointed in an Alaska State court proceeding of the estate of a
decedent who was eligible under subsection (b)(1)(A) may, for the
benefit of the heirs, select an allotment if the decedent was a veteran
who served in South East Asia at any time during the period beginning
August 5, 1964, and ending December 31, 1971, and during that period
the decedent--''.
SEC. 302. LEVIES ON SETTLEMENT TRUST INTERESTS.
Section 39(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1629e(c)) is amended by adding at the end the following new paragraph:
``(8) A beneficiary's interest in a settlement trust and the
distributions thereon shall be subject to creditor action (including
without limitation, levy attachment, pledge, lien, judgment execution,
assignment, and the insolvency and bankruptcy laws) only to the extent
that Settlement Common Stock and the distributions thereon are subject
to such creditor action under section 7(h) of this Act.''.
TITLE IV--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN
NATIVE, AND NATIVE HAWAIIAN YOUTH
SEC. 401. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM FOR
AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE HAWAIIAN YOUTH.
(a) In General.--There are authorized to be appropriated to the
Secretary of Education for the Washington Workshops Foundation
$2,200,000 for administration of a national leadership symposium for
American Indian, Alaskan Native, and Native Hawaiian youth on the
traditions and values of American democracy.
(b) Content of Symposium.--The symposium administered under
subsection (a) shall--
(1) be comprised of youth seminar programs which study the
workings and practices of American national government in
Washington, DC, to be held in conjunction with the opening of the
Smithsonian National Museum of the American Indian; and
(2) envision the participation and enhancement of American
Indian, Alaskan Native, and Native Hawaiian youth in the American
political process by interfacing in the first-hand operations of
the United States Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Prohibits Federal agencies from offsetting funds made available for Indian tribal court membership organizations or Indian legal services organizations against other funds otherwise available for use in connection with technical or legal assistance to tribal justice systems or members.
Authorizes appropriations.
Title II: Indian Tribal Courts
- Authorizes the Attorney General to award grants and provide technical assistance to enable Indian tribes to carry out programs to support: (1) the development, enhancement, and continuing operation of tribal justice systems; and (2) the development and implementation of tribal codes and sentencing guidelines; inter-tribal courts and appellate systems; tribal probation services, diversion programs, and alternative sentencing provisions; tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and traditional tribal judicial practices, tribal justice systems, and methods of dispute resolution. Authorizes appropriations.
Amends the Indian Tribal Justice Act to extend the authorization of appropriations relating to tribal justice systems through FY 2007.
Title III: Technical Amendments to Alaska Native Claims Settlement Act
- Amends the Alaska Native Claims Settlement Act to make technical amendments to provisions regarding open season for allotments for certain Alaska Native veterans.
Revises eligibility requirements to make a veteran eligible for an allotment if the veteran served at least six months between January 1, 1969, and December 31, 1971 (currently, June 2, 1971), and meets other existing requirements.
Changes provisions regarding the authority of a personal representative of a decedent to select an allotment to authorize such representative or a special administrator appointed in an Alaska State court to select an allotment if the decedent was a veteran who served in Southeast Asia at any time during August 5, 1964, and December 31, 1971, and during such period: (1) was killed in action; (2) was wounded in action and died as a consequence of the wound; or (3) died while a prisoner of war. (Current law allows personal representatives to select such allotments if, between January 1, 1969, and December 31, 1971, one of such events occurred with respect to the decedent.)
Subjects a beneficiary's interest in a settlement trust and the distributions thereon to creditor action only to the extent that Settlement Common Stock and related distributions are subject to such action under the Act.
Title IV: National Leadership Symposium For American Indian, Alaskan Native, and Native Hawaiian Youth
- Authorizes appropriations to the Secretary of Education for the Washington Workshops Foundation for administration of a national leadership symposium for American Indian, Alaskan Native, and Native Hawaiian youth on the traditions and values of American democracy. | Indian Tribal Justice Technical and Legal Assistance Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The TEACHER-Tax Credit Act''.
SEC. 2. CREDIT FOR TEACHING EXPENSES, PROFESSIONAL DEVELOPMENT
EXPENSES, AND INTEREST ON HIGHER EDUCATION LOANS OF
PUBLIC ELEMENTARY AND SECONDARY 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. TEACHING EXPENSES, PROFESSIONAL DEVELOPMENT EXPENSES, AND
INTEREST ON HIGHER EDUCATION LOANS OF PUBLIC ELEMENTARY
AND SECONDARY SCHOOL TEACHERS.
``(a) Allowance of Credit.--In the case of an eligible teacher,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of--
``(1) the qualified education expenses paid or incurred by
the taxpayer during the taxable year,
``(2) the qualified professional development expenses paid
or incurred by the taxpayer during the taxable year, and
``(3) interest paid by the taxpayer during the taxable year
on any qualified education loan.
``(b) Maximum Credit.--The credit allowed by subsection (a) for the
taxable year shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Eligible teacher.--The term `eligible teacher' means
an individual who is a kindergarten through grade 12 classroom
teacher, instructor, counselor, aide, or principal in a public
elementary or secondary school on a full-time basis for an
academic year ending during a taxable year.
``(2) Elementary and secondary schools.--The terms
`elementary school' and `secondary school' have the respective
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965, as in effect of the date
of enactment of this section.
``(3) Qualified education expenses.--The term `qualified
education expenses' means expenses for books, supplies (other
than nonathletic supplies for courses of instruction in health
or physical education), computer equipment (including related
software and services) and other equipment, and supplementary
materials used by an eligible teacher in the classroom.
``(4) Qualified professional development expenses.--
``(A) In general.--The term `qualified professional
development expenses' means expenses--
``(i) for tuition, fees, books, supplies,
and equipment required for the enrollment or
attendance of an individual in a qualified
course of instruction, and
``(ii) with respect to which a deduction is
allowable under section 162 (determined without
regard to this section).
``(B) Qualified course of instruction.--The term
`qualified course of instruction' means a course of
instruction which--
``(i) directly relates to the curriculum
and academic subjects in which an eligible
teacher provides instruction,
``(ii) is designed to enhance the ability
of an eligible teacher to understand and use
State standards for the academic subjects in
which such teacher provides instruction,
``(iii) provides instruction in how to
teach children with different learning styles,
particularly children with disabilities and
children with special learning needs (including
children who are gifted and talented),
``(iv) provides instruction in how best to
discipline children in the classroom and
identify early and appropriate interventions to
help children described clause (iii) learn, or
``(v) is tied to strategies and programs
that demonstrate effectiveness in increasing
student academic achievement and student
performance, or substantially increasing the
knowledge and teaching skills of the eligible
teacher.
``(5) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(e)(1), but only with respect to qualified higher education
expenses of the taxpayer.
``(d) Denial of Double Benefit.--
``(1) In general.--No deduction or other credit shall be
allowed under this chapter for any amount taken into account
for which credit is allowed under this section.
``(2) Coordination with exclusions.--A credit shall be
allowed under subsection (a) for qualified professional
development expenses only to the extent the amount of such
expenses exceeds the amount excludable under section 135,
529(c)(1), or 530(d)(2) for the taxable year.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect to
have this section not apply for any taxable year.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the provisions of this section.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25A the
following new item:
``Sec. 25B. Teaching expenses,
professional development
expenses, and interest on
higher education loans of
public elementary and secondary
school teachers.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | TEACHER-Tax Credit Act - Amends the Internal Revenue Code to provide an annual credit of up to $1,000 to public kindergarten, elementary, and secondary school teachers, instructors, counselors, aides, and principals for: (1) qualified education expenses; (2) qualified professional development expenses; and (3) interest paid on any qualified education loan. | A bill to amend the Internal Revenue Code of 1986 to provide incentives to public elementary and secondary school teachers by providing a tax credit for teaching expenses, professional development expenses, and student education loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Positive Aging Act of 2007''.
SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT INTEGRATION OF MENTAL HEALTH
SERVICES IN PRIMARY CARE SETTINGS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.) is amended--
(1) in section 520(b)--
(A) in paragraph (14), by striking ``and'' after
the semicolon;
(B) in paragraph (15), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(16) conduct the demonstration projects specified in
section 520K.''; and
(2) by adding at the end the following:
``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL HEALTH
SERVICES IN PRIMARY CARE SETTINGS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall award grants to public and
private nonprofit entities for projects to demonstrate ways of
integrating mental health services for older adults into primary care
settings, such as health centers receiving a grant under section 330
(or determined by the Secretary to meet the requirements for receiving
such a grant), other Federally qualified health centers, primary care
clinics, and private practice sites.
``(b) Requirements.--In order to be eligible for a grant under this
section, the project to be carried out by the entity shall provide for
collaborative care within a primary care setting, provided by licensed
mental health professionals with appropriate training and experience in
the treatment of older adults, in which screening, assessment, and
intervention services are combined into an integrated service delivery
model, including--
``(1) screening services by a mental health professional
with at least a masters degree in an appropriate field of
training;
``(2) referrals for necessary prevention, intervention,
follow-up care, consultations, and care planning oversight for
mental health and other service needs, as indicated; and
``(3) adoption and implementation of evidence-based
intervention and treatment protocols (to the extent such
protocols are available) for mental disorders prevalent in
older adults including, but not limited to, mood and anxiety
disorders, dementias of all kinds (including the behavioral and
psychological symptoms of dementia), psychotic disorders, and
substance-related disorders.
``(c) Considerations in Awarding Grants.--In awarding grants under
this section, the Secretary, to the extent feasible, shall ensure
that--
``(1) projects are funded in a variety of geographic areas,
including urban and rural areas; and
``(2) a variety of populations, including racial and ethnic
minorities and low-income populations, are served by projects
funded under this section.
``(d) Duration.--A project may receive funding pursuant to a grant
under this section for a period of up to 3 years, with an extension
period of 2 additional years at the discretion of the Secretary.
``(e) Application.--To be eligible to receive a grant under this
section, a public or private nonprofit entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, and at such time as the Secretary
may specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data and other performance data
necessary to evaluate patient outcomes and to facilitate
evaluations across participating projects.
``(f) Evaluation.--Not later than July 31 of the second calendar
year after the date of enactment of this section, and July 31 of every
year thereafter, the Secretary shall submit to Congress a report
evaluating the projects receiving awards under this section for the
year involved.
``(g) Supplement, Not Supplant.--Funds made available under this
section shall supplement, and not supplant, other Federal, State, or
local funds available to an entity to carry out activities described in
this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2008 and each fiscal year thereafter.''.
SEC. 3. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT OUTREACH
TEAMS.
Subpart 3 of part B of title V of the Public Health Service Act (42
U.S.C. 290bb-31 et seq.), as amended by section 2, is further amended
by adding at the end the following:
``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT
OUTREACH TEAMS.
``(a) In General.--The Secretary, acting through the Director of
the Center for Mental Health Services, shall award grants to public or
private nonprofit entities that are community-based providers of
geriatric mental health services, to support the establishment and
maintenance by such entities of multi-disciplinary geriatric mental
health outreach teams in community settings where older adults reside
or receive social services. Entities eligible for such grants include--
``(1) mental health service providers of a State or local
government;
``(2) outpatient programs of private, nonprofit hospitals;
``(3) community mental health centers meeting the criteria
specified in section 1913(c); and
``(4) other community-based providers of mental health
services.
``(b) Requirements.--To be eligible to receive a grant under this
section, an entity shall--
``(1) adopt and implement, for use by its mental health
outreach team, evidence-based intervention and treatment
protocols (to the extent such protocols are available) for
mental disorders prevalent in older adults including, but not
limited to, mood and anxiety disorders, dementias of all kinds
(including the behavioral and psychological symptoms of
dementia), psychotic disorders, and substance-related
disorders, relying to the greatest extent feasible on protocols
that have been developed--
``(A) by or under the auspices of the Secretary; or
``(B) by academicians;
``(2) provide screening for mental disorders, diagnostic
services, referrals for treatment, and case management and
coordination through such teams; and
``(3) coordinate and integrate the services provided by
such team with the services of social service, mental health,
and medical providers at the site or sites where the team is
based in order to--
``(A) improve patient outcomes; and
``(B) to ensure, to the maximum extent feasible,
the continuing independence of older adults who are
residing in the community.
``(c) Cooperative Arrangements With Sites Serving as Bases for
Outreach.--An entity receiving a grant under this section may enter
into an agreement with a person operating a site at which a geriatric
mental health outreach team of the entity is based, including--
``(1) senior centers;
``(2) adult day care programs;
``(3) assisted living facilities; and
``(4) recipients of grants to provide services to older
adults under the Older Americans Act of 1965, under which such
person provides (and is reimbursed by the entity, out of funds
received under the grant, for) any supportive services, such as
transportation and administrative support, that such person
provides to an outreach team of such entity.
``(d) Considerations in Awarding Grants.--In awarding grants under
this section, the Secretary, to the extent feasible, shall ensure
that--
``(1) projects are funded in a variety of geographic areas,
including urban and rural areas; and
``(2) a variety of populations, including racial and ethnic
minorities and low-income populations, are served by projects
funded under this section.
``(e) Application.--To be eligible to receive a grant under this
section, an entity shall--
``(1) submit an application to the Secretary (in such form,
containing such information, at such time as the Secretary may
specify); and
``(2) agree to report to the Secretary standardized
clinical and behavioral data and other performance data
necessary to evaluate patient outcomes and to facilitate
evaluations across participating projects.
``(f) Coordination.--The Secretary shall provide for appropriate
coordination of programs and activities receiving funds pursuant to a
grant under this section with programs and activities receiving funds
pursuant to grants under section 520K and sections 381, 422, and 423 of
the Older Americans Act of 1965.
``(g) Evaluation.--Not later than July 31 of the second calendar
year after the date of enactment of this section, and July 31 of every
year thereafter, the Secretary shall submit to Congress a report
evaluating the projects receiving awards under this section for such
year.
``(h) Supplement, Not Supplant.--Funds made available under this
section shall supplement, and not supplant, other Federal, State, or
local funds available to an entity to carry out activities described in
this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2008 and each fiscal year thereafter.''.
SEC. 4. DESIGNATION OF DEPUTY DIRECTOR FOR OLDER ADULT MENTAL HEALTH
SERVICES IN CENTER FOR MENTAL HEALTH SERVICES.
Section 520 of the Public Health Service Act (42 U.S.C. 290bb-31)
is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Deputy Director for Older Adult Mental Health Services in
Center for Mental Health Services.--The Director, after consultation
with the Administrator, shall designate a Deputy Director for Older
Adult Mental Health Services, who shall be responsible for the
development and implementation of initiatives of the Center to address
the mental health needs of older adults. Such initiatives shall
include--
``(1) research on prevention and identification of mental
disorders in the older adult population;
``(2) innovative demonstration projects for the delivery of
community-based mental health services for older adults;
``(3) support for the development and dissemination of
evidence-based practice models, including models to address
substance-related disorders in older adults; and
``(4) development of model training programs for mental
health professionals and care givers serving older adults.''.
SEC. 5. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR MENTAL HEALTH
SERVICES.
Section 502(b)(3) of the Public Health Service Act (42 U.S.C.
290aa-1(b)(3)) is amended by adding at the end the following:
``(C) In the case of the advisory council for the
Center for Mental Health Services, the members
appointed pursuant to subparagraphs (A) and (B) shall
include representatives of older adults or their
families, and professionals with an expertise in
geriatric mental health.''.
SEC. 6. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING SUBSTANCE ABUSE IN
OLDER ADULTS.
Section 509(b)(2) of the Public Health Service Act (42 U.S.C.
290bb-2(b)(2)) is amended by inserting before the period the following:
``, and to providing treatment for older adults with substance-related
disorders''.
SEC. 7. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL HEALTH SERVICES
BLOCK GRANTS.
(a) In General.--Section 1912(b)(4)of the Public Health Service Act
(42 U.S.C. 300x-2(b)(4)) is amended to read as follows:
``(4) Targeted services to older individuals, individuals
who are homeless, and individuals living in rural areas.--The
plan describes the State's outreach to and services for older
individuals, individuals who are homeless, and individuals
living in rural areas, and how community-based services will be
provided to these individuals.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to State plans submitted on or after the date that is 180 days
after the date of enactment of this Act. | Positive Aging Act of 2007 - Amends the Public Health Service Act to : (1) require the Secretary of Health and Human Services to make grants to public and private nonprofit entities for projects to demonstrate ways of integrating mental health services for older adults into primary care settings and for multidisciplinary geriatric mental health outreach teams in community settings where older adults reside or receive social services; (2) require the Director of the Center for Mental Health Services to designate a Deputy Director for Older Adult Mental Health Services to address the mental health needs of older adults; (3) require the inclusion of representatives of older adults and their families and geriatric mental health professionals on the Advisory Council for the Center; (4) designate as a project of national significance the treatment of older adults with substance-related disorders; and (5) require state plans under the Community Mental Health Services Block Grant program to describe outreach to, and services for, older individuals and individuals who are homeless and living in rural areas. | To amend the Public Health Service Act to provide for integration of mental health services and mental health treatment outreach teams, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Parity Act of 1996''.
SEC. 2. PLAN PROTECTIONS FOR INDIVIDUALS WITH A MENTAL ILLNESS.
(a) Permissible Coverage Limits Under a Group Health Plan.--
(1) Aggregate lifetime limits.--
(A) In general.--With respect to a group health
plan offered by a health insurance issuer, that applies
an aggregate lifetime limit to plan payments for
medical or surgical services covered under the plan, if
such plan also provides a mental health benefit such
plan shall--
(i) include plan payments made for mental
health services under the plan in such
aggregate lifetime limit; or
(ii) establish a separate aggregate
lifetime limit applicable to plan payments for
mental health services under which the dollar
amount of such limit (with respect to mental
health services) is equal to or greater than
the dollar amount of the aggregate lifetime
limit on plan payments for medical or surgical
services.
(B) No lifetime limit.--With respect to a group
health plan offered by a health insurance issuer, that
does not apply an aggregate lifetime limit to plan
payments for medical or surgical services covered under
the plan, such plan may not apply an aggregate lifetime
limit to plan payments for mental health services
covered under the plan.
(2) Annual limits.--
(A) In general.--With respect to a group health
plan offered by a health insurance issuer, that applies
an annual limit to plan payments for medical or
surgical services covered under the plan, if such plan
also provides a mental health benefit such plan shall--
(i) include plan payments made for mental
health services under the plan in such annual
limit; or
(ii) establish a separate annual limit
applicable to plan payments for mental health
services under which the dollar amount of such
limit (with respect to mental health services)
is equal to or greater than the dollar amount
of the annual limit on plan payments for
medical or surgical services.
(B) No annual limit.--With respect to a group
health plan offered by a health insurance issuer, that
does not apply an annual limit to plan payments for
medical or surgical services covered under the plan,
such plan may not apply an annual limit to plan
payments for mental health services covered under the
plan.
(b) Rule of Construction.--
(1) In general.--Nothing in this section shall be construed
as prohibiting a group health plan offered by a health
insurance issuer, from--
(A) utilizing other forms of cost containment not
prohibited under subsection (a); or
(B) applying requirements that make distinctions
between acute care and chronic care.
(2) Nonapplicability.--This section shall not apply to--
(A) substance abuse or chemical dependency
benefits; or
(B) health benefits or health plans paid for under
title XVIII or XIX of the Social Security Act.
(3) State law.--Nothing in this section shall be construed
to preempt any State law that provides for greater parity with
respect to mental health benefits than that required under this
section.
(c) Small Employer Exemption.--
(1) In general.--This section shall not apply to plans
maintained by employers that employ less than 26 employees.
(2) Application of certain rules in determination of
employer size.--For purposes of this subsection--
(A) Application of aggregation rule for
employers.--All persons treated as a single employer
under subsection (b), (c), (m), or (o) of section 414
of the Internal Revenue Code of 1986 shall be treated
as 1 employer.
(B) Employers not in existence in preceding year.--
In the case of an employer which was not in existence
throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
(C) Predecessors.--Any reference in this subsection
to an employer shall include a reference to any
predecessor of such employer.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Group health plan.--
(A) In general.--The term ``group health plan''
means an employee welfare benefit plan (as defined in
section 3(1) of the Employee Retirement Income Security
Act of 1974) to the extent that the plan provides
medical care (as defined in paragraph (2)) and
including items and services paid for as medical care)
to employees or their dependents (as defined under the
terms of the plan) directly or through insurance,
reimbursement, or otherwise.
(B) Medical care.--The term ``medical care'' means
amounts paid for--
(i) the diagnosis, cure, mitigation,
treatment, or prevention of disease, or amounts
paid for the purpose of affecting any structure
or function of the body,
(ii) amounts paid for transportation
primarily for and essential to medical care
referred to in clause (i), and
(iii) amounts paid for insurance covering
medical care referred to in clauses (i) and
(ii).
(2) Health insurance coverage.--The term ``health insurance
coverage'' means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or otherwise and
including items and services paid for as medical care) under
any hospital or medical service policy or certificate, hospital
or medical service plan contract, or health maintenance
organization contract offered by a health insurance issuer.
(3) Health insurance issuer.--The term ``health insurance
issuer'' means an insurance company, insurance service, or
insurance organization (including a health maintenance
organization, as defined in paragraph (4)) which is licensed to
engage in the business of insurance in a State and which is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2) of the Employee Retirement Income
Security Act of 1974), and includes a plan sponsor described in
section 3(16)(B) of the Employee Retirement Income Security Act
of 1974 in the case of a group health plan which is an employee
welfare benefit plan (as defined in section 3(1) of such Act).
Such term does not include a group health plan.
(4) Health maintenance organization.--The term ``health
maintenance organization'' means--
(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act),
(B) an organization recognized under State law as a
health maintenance organization, or
(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization.
(5) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Northern Mariana
Islands.
SEC. 4. SUNSET.
Section 2 shall cease to be effective on September 30, 2001.
SEC. 5. FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM.
For the Federal Employee Health Benefit Program, sections 2 and 3
will take effect on October 1, 1997.
SEC. 6. EXEMPTION.
Notwithstanding the provisions of this Act, if the provisions of
this Act result in a 1 percent or greater increase in the cost of a
group health plan's premiums, the purchaser is exempt from the
provisions of this Act. | Mental Health Parity Act of 1996 - Requires a group health plan that applies an aggregate lifetime (or annual) limit for medical or surgical services, if the plan also provides a mental health benefit, to include mental health payments in that limit or establish a separate aggregate lifetime (or annual) limit for mental health services, with the mental health limit not less than the medical or surgical limit. Prohibits a group health plan that does not apply a medical or surgical limit from applying a mental health limit. Exempts employers with fewer than 26 employees. Makes this Act ineffective after September 30, 2001. Exempts a purchaser from this Act if the Act's provisions result in a one percent or greater increase in the cost of a group health plan's premiums. | Mental Health Parity Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Housing Identity Exception for
the Lives of Domestic Violence Victims Act'' or the ``SHIELD Act''.
SEC. 2. AMENDMENT TO THE MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
Section 423(a) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11383(a)) is amended by adding at the end the following:
``(8) Confidentiality.--
``(A) Housing assistance grants and programs.--In
the course of awarding grants or implementing programs
under this subsection, the Secretary shall instruct any
recipient or subgrantee not to disclose to any person,
agency, or entity any personally identifying
information about any client if the Secretary,
recipient, or subgrantee believes, based upon
reasonable evidence, that the client is--
``(i) a victim of domestic violence, dating
violence, sexual assault, or stalking;
``(ii) the parent or guardian of a minor
victim of domestic violence, dating violence,
sexual assault, or stalking; or
``(iii) the dependent or minor child of a
victim of domestic violence, dating violence,
sexual assault, or stalking.
``(B) Other federal and state programs.--The
Secretary shall not require or ask a recipient or
subgrantee of any other Federal or State program to
disclose personally identifying information about any
clients if the persons, agencies, or entities
implementing those programs believe, based upon
reasonable evidence, that those clients are--
``(i) victims of domestic violence, dating
violence, sexual assault, or stalking;
``(ii) the parents or guardians of minor
victims of domestic violence, dating violence,
sexual assault, or stalking; or
``(iii) the dependents or minor children of
victims of domestic violence, dating violence,
sexual assault, or stalking.
``(C) Homeless management information systems.--The
Secretary shall instruct any recipient or subgrantee
under this subsection or any recipient or subgrantee of
any other Federal or State program participating in any
homeless management information system funded in whole
or in part under this subsection that personally
identifying information about any client may only be
submitted to a homeless management information system
if the program seeking to disclose such information has
obtained informed, reasonably time-limited, written
consent from the client to whom the information
relates. The Secretary may require or ask any recipient
or subgrantee to share nonpersonally identifying data
in the aggregate regarding services to clients and
nonpersonally identifying demographic information in
order to comply with the data collection requirements
of homeless management information systems.
``(D) Definition.--As used in this paragraph, the
term personally identifying information means
information from or about an individual that could be
used to identify such individual, including--
``(i) first and last name;
``(ii) a home or other physical address,
including street name, name of city or town,
and ZIP code;
``(iii) an email address or other online
contact information, such as an instant
messaging user identifier or a screen name that
reveals an individual's email address;
``(iv) a telephone number;
``(v) a social security number;
``(vi) an Internet Protocol address or host
name that identifies an individual;
``(vii) a persistent identifier, such as a
customer number held in a `cookie' or processor
serial number, that is combined with other
available data that identifies an individual;
and
``(viii) any other information, including
grade point average, date of birth, academic or
occupational interests, athletic or
extracurricular interests, racial or ethnic
background, or religious affiliation, that, in
combination with any of the above, would serve
to identify any individual.''. | Safe Housing Identity Exception for the Lives of Domestic Violence Victims Act - SHIELD Act - Amends the McKinney-Vento Homeless Assistance Act to prohibit disclosure of the personally identifying information of victims of domestic violence, dating violence, sexual assault, and stalking. | To amend the McKinney-Vento Homeless Assistance Act to protect the personally identifying information of victims of domestic violence, dating violence, sexual assault, and stalking. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Disaster Housing Reform Act
of 2006''.
SEC. 2. HUD AS LEAD AGENCY IN CASES OF DISASTERS RESULTING IN LONG-TERM
HOUSING NEEDS.
(a) In General.--It is the policy of the United States that the
Department of Housing and Urban Development shall be primary Federal
agency responsible for coordinating and administering housing
assistance in connection with any major disaster (as such term is
defined in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) for any area that, pursuant
to section 408(b)(2) of such Act, is determined to be an area for which
such disaster will result in long-term housing needs.
(b) Consultation.--The Secretary of Housing and Urban Development
shall, in coordinating and administering housing assistance pursuant to
subsection (a), consult with the Secretary of Homeland Security, the
Director of the Federal Emergency Management Agency, and such other
heads of Federal agencies as may be appropriate.
(c) Use of Regional and Local Offices.--In coordinating and
administering housing assistance pursuant to subsection (a), the
Secretary of Housing and Urban Development shall utilize staff and
other resources of appropriate regional, field, and area offices of the
Department and consult and coordinate with appropriate State and local
housing agencies.
(d) Preparedness.--The Secretary of Housing and Urban Development
shall take such actions as may be necessary to ensure that officers and
staff of the Department at headquarters, regional, field, and area
offices at all times have the capability, capacity, training, and
resources necessary to carry out the responsibilities under subsection
(a).
(e) Housing Assistance.--For purposes of this section, the term
``housing assistance'' means any assistance that is provided to
individuals, families, or households to respond to disaster-related
housing needs of individuals, families, or households who are displaced
from their predisaster primary residences or whose predisaster primary
residences are rendered uninhabitable as a result of damage caused by a
major disaster pursuant to--
(1) the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)); or
(2) any other provision of law specifically providing funds
or assistance in connection with a major disaster.
Such term includes financial assistance, the provision of temporary,
transitional, and permanent housing units, assistance for repair,
replacement, and construction of housing units, technical assistance,
and any other form or type of housing assistance.
(f) Determination of Long-Term Housing Needs.--Section 408(b) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Determination of areas for which disaster results in
long-term housing needs.--
``(A) State request.--After the occurrence and
declaration of a major disaster, the Governor of a
State containing any area that is subject to the
declaration by the President of such major disaster may
request the President to determine, for all or any part
of such area in the State, that the disaster will
result in long-term housing needs.
``(B) Standard.--Upon a request pursuant to
subparagraph (A), the President shall determine whether
to grant such request. The President shall grant such a
request and determine that the major disaster will
result in long-term housing needs with respect to an
area if the President finds that the disaster will
displace individuals or households in the area from
their predisaster primary residences, or will render
such predisaster primary residences in the area
uninhabitable, for a period of 30 days or more.''.
(g) Conforming Amendment.--Section 408(b) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), as
amended by subsection (f) of this section, is further amended by adding
at the end the following new paragraph:
``(4) HUD administration.--In accordance with section 2 of
the Natural Disaster Housing Reform Act of 2006, in the case of
any area for which any major disaster is determined, pursuant
to paragraph (2), to result in long-term housing needs, the
President shall carry out the functions under this section
relating to housing assistance, including this subsection and
subsections (c) and (d), acting through the Secretary of
Housing and Urban Development.''.
(h) Savings Provision.--This section and the amendments made by
this section may not be construed to affect, alter, limit, or decrease
the authority of the Director of the Federal Emergency Management
Agency for the overall coordination of assistance and relief with
respect to a major disaster.
SEC. 3. FEDERAL ASSISTANCE TO INDIVIDUALS AND HOUSEHOLDS.
Section 408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) is amended--
(1) in subsection (b)--
(A) in paragraph (3) (as so redesignated by section
2(f)(1) of this Act), by adding at the end the
following:
``(C) Manufactured modular housing.--In making any
determination of cost effectiveness under subparagraph
(A), the President shall consider whether or not
manufactured modular housing can be provided to an
individual or household at a cost to the Government
that is less than the same cost necessary to provide
other readily fabricated dwellings.''; and
(B) by adding at the end the following new
paragraphs:
``(5) Consent of owner.--
``(A) In general.--Notwithstanding paragraph (2),
the President shall seek the consent of each individual
or household prior to providing such individual or
household with manufactured modular housing assistance.
``(B) Rejection of manufactured modular housing
assistance.--If an individual or household does not
provide consent under subparagraph (A), such individual
or household shall remain eligible for any other
assistance available under this section.
``(6) Owner contribution.--Nothing in this section shall be
construed to prevent an individual or household from
contributing, in addition to any assistance provided under this
section, such sums as are necessary in order to obtain
manufactured modular housing that is of greater size or quality
than that provided by the President under this section.'';
(2) in subsection (c)--
(A) in paragraph (1)(A)(ii), by inserting ``the
amount of any security deposit for the accomodation,
the amount of any utility fees associated with the
accomodation, and'' after ``plus'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``(i)'' and inserting ``(i)(I)'';
(II) by redesignating clause (ii)
as subparagraph (II); and
(III) by adding at the end the
following new clause:
``(ii) the repair, to a safe and sanitary
living or functioning condition, of existing
rental units that, upon such repair, will be
used as alternate housing accomodations for
individuals or households described in
paragraph (1).'';
(ii) in subparagraph (B)--
(I) by striking ``this paragraph''
and inserting ``subparagraph (A)(i)'';
and
(II) by inserting ``not'' after
``can''; and
(iii) in subparagraph (C), by striking
``this paragraph'' and inserting ``subparagraph
(A)(i)''; and
(C) in paragraph (4)--
(i) in the paragraph heading, by inserting
``or semi-permanent'' after ``Permanent'';
(ii) by inserting ``or semi-permanent''
after ``permanent'';
(iii) by striking ``in insular areas'' and
inserting the following: ``in--
``(A) insular areas'';
(iv) by striking ``(A) no alternative'' and
inserting ``(i) no alternative'' and adjusting
the margin accordingly;
(v) by striking ``(B)'' and inserting
``(ii)'' and adjusting the margin accordingly;
(vi) by striking the period at the end and
inserting ``; and''; and
(vii) by adding at the end the following:
``(B) any area in which the President declared a
major disaster or emergency in connection with
Hurricane Katrina of 2005 during the period beginning
on August 28, 2005, and ending on December 31, 2007.'';
(3) in subsection (d)(1), by adding at the end the
following:
``(C) Sites located in a floodplain.--
Notwithstanding any other provision of law, including
section 9 of title 44, Code of Federal Regulations (or
any corresponding similar regulation or ruling), any
permanent, semi-permanent, or temporary housing
provided under this section, including any readily
fabricated dwelling, manufactured housing, or
manufactured modular housing, may be located in any
area identified by the Director as an area having
special flood hazards under section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a)).
``(D) Individual sites for manufactured modular
housing.--Manufactured modular housing made available
under this section--
``(i) shall, whenever practicable, be
located on a site that is a discrete and
separate parcel of land; and
``(ii) may not be located on a site that--
``(I) is managed by the Director;
and
``(II) contains 3 or more other
manufactured modular housing units.'';
and
(4) by adding at the end the following:
``(j) Evacuation Plans.--The Director, in consultation with the
Governor of each State and the heads of such units of local government
as the Director may determine, shall develop and maintain detailed and
comprehensive mass evacuation plans for individuals or households
receiving assistance under this section for the 18-month period
beginning on the date of the declaration of the disaster for which such
assistance is provided.''. | Natural Disaster Housing Reform Act of 2006 - (Sec. 2) Makes the Department of Housing and Urban Development the primary federal agency responsible for coordinating and administering housing assistance in connection with any major disaster that will result in long-term housing needs.
Prescribes guidelines for the Secretary of Housing and Urban Development to implement such assistance.
(Sec. 3) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, upon state request, to provide such housing assistance if the relevant major disaster will displace individuals or households from their predisaster primary residences, or will render such residences uninhabitable, for a period of 30 days or more.
Instructs the President, when making any cost effectiveness determination, to consider whether manufactured modular housing can be provided at a federal cost less than the same cost necessary to provide other readily fabricated dwellings.
Authorizes the President to provide financial assistance for: (1) the repair, to a safe and sanitary living or functioning condition, of existing rental units that will be used as alternate housing accommodations; and (2) permanent and semi-permanent housing construction in remote locations of declared major disaster or emergency in connection with Hurricane Katrina of 2005 during the period between August 28, 2005, and December 31, 2007.
Permits the location in a special flood hazard zone, under the Flood Disaster Protection Act of 1973, of any permanent, semi-permanent, or temporary housing, including any readily fabricated dwelling, manufactured housing, or manufactured modular housing.
Instructs the Director of the Federal Emergency Management Agency (FEMA) to develop detailed and comprehensive mass evacuation plans for individuals or households receiving assistance for the 18-month period following a disaster declaration. | To provide for the Department of Housing and Urban Development to coordinate Federal housing assistance efforts in the case of disasters resulting in long-term housing needs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Savings Act of 2013''.
SEC. 2. CONSUMER FINANCIAL PRODUCTS PILOT PROGRAM.
(a) In General.--The Under Secretary of Defense (Comptroller) shall
carry out a 5-year pilot program to develop innovative consumer
financial products that encourage savings and wealth-creation among
members of the Armed Forces on active duty.
(b) Objectives.--Financial products developed under this section
may be designed to--
(1) increase the rate of savings among members of the Armed
Forces on active duty by providing automatic deposit into a
savings account of special pay and allowances received by such
a member, including special pay and allowances received on
account of the deployment of the member;
(2) reduce the need for high-cost short-term lending
services by providing alternatives to members of the Armed
Forces on active duty, such as financial institutions providing
an option for such members to receive advances on their salary
payments--
(A) in a manner that permits such members to
receive pay in more frequent installments; and
(B) under which any interest or fees on such
advances--
(i) does not exceed the rate described in
section 987(b) of title 10, United States Code;
and
(ii) adheres to the Affordable Small-Dollar
Loan Guidelines of the Federal Deposit
Insurance Corporation;
(3) address obstacles to traditional consumer banking and
lending for members of the Armed Forces with limited credit
history; and
(4) otherwise encourage savings and wealth-creation among
members of the Armed Forces on active duty.
(c) No Exacerbation of Credit Overextension.--The pilot program
carried out under this section shall be carried out in a manner that
does not exacerbate the incidence of credit overextension among members
of the Armed Forces.
(d) Implementation.--
(1) Selection of military installations.--The Under
Secretary shall select at least 10 military installations on
which to implement the pilot program.
(2) Incorporation into operating agreements.--A financial
institution seeking to begin operating on a military
installation selected by the Under Secretary under paragraph
(1), or seeking to renew an agreement to operate on such an
installation, shall--
(A) agree to offer the consumer financial products
developed under this section; and
(B) notify members of the Armed Forces that are
customers of the institution about the availability of
the consumer financial products developed under this
section.
(e) Consultation.--In developing consumer financial products under
this section, the Under Secretary shall consult with Federal banking
regulators with expertise in depository institutions, Federal agencies
with experience regulating financial products, and consumer and
military service organizations with relevant financial expertise.
(f) Independent Evaluation.--
(1) In general.--Not later than the date that is 2 years
after the date of the enactment of this Act, and annually
thereafter until the end of the pilot program, the Under
Secretary shall contract for an independent evaluation of the
pilot program carried out under this section. Such evaluation
shall--
(A) include the degree to which the pilot program
succeeded in the goals of increasing usage of savings
products, programs, and tools among members of the
Armed Forces on active duty; and
(B) be conducted by a contractor with knowledge of
consumer financial products and experience in the
evaluation of such products.
(2) Report.--After each evaluation carried out pursuant to
paragraph (1), the Under Secretary shall submit to the
Committees on Armed Services and Banking, Housing, and Urban
Affairs of the Senate and the Committees on Armed Services and
Financial Services of the House of Representatives a report
containing all findings and conclusions made by the contractor
in conducting the evaluation.
(g) Expansion of Pilot Program.--Notwithstanding subsection (a),
the Under Secretary may expand the pilot program, including extending
the duration of the program and expanding the program to make it a
nationwide program, to the extent determined appropriate by the Under
Secretary, if the Under Secretary determines that such expansion is
expected to--
(1) improve the rates of savings among members of the Armed
Forces and their families; or
(2) decrease the need for members of the Armed Forces and
their families to rely on payday lenders without exacerbating
credit overextension.
(h) Financial Institution Defined.--In this section, the term
``financial institution'' means an insured depository institution (as
defined in section 3(c)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1813(c)(2))) or a credit union. | Military Savings Act of 2013 - Requires the Under Secretary of Defense (DOD) to carry out a five-year pilot program at at least 10 military installations to develop innovative consumer financial products that encourage savings and wealth-creation among members of the Armed Forces on active duty. Authorizes products designed to: (1) increase the rate of savings among such members by providing automatic deposit of special pay and allowances; (2) reduce the need for high-cost short-term lending services by providing alternatives, such as financial institutions providing an option for members to receive advances on salary payments; and (3) address obstacles to traditional consumer banking and lending for members with limited credit history. Requires a financial institution seeking to begin or renew operating on a military installation selected for such program to agree to offer such products and to notify members about the availability of such products. Directs the Under Secretary to contract for an annual independent evaluation of such program. Authorizes the Under Secretary to extend the program and expand it nationwide upon determining that such expansion would improve member savings rates or decrease their need to rely on payday lenders. | Military Savings Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sex Crime Re-Entry EvaluatioN
(SCREEN) Act of 2010''.
SEC. 2. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION AUTHORIZED.
Section 3551(b) of title 18, United States Code, is amended as
follows:
(1) in paragraph (2) by striking ``or'';
(2) in paragraph (3) by striking the period at the end and
inserting ``; or'';
(3) inserting after paragraph (3) the following:
``(4) in the case of certain offenses, a term of special
confinement for the prevention of sexual predation as
authorized by subchapter E.''; and
(4) adding after ``in addition to any other sentence.'' the
following: ``A sentence to a term of special confinement for
the prevention of sexual predation may be imposed in addition
to a sentence to a term of imprisonment.''.
SEC. 3. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION.
Chapter 227 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER E--SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION
``3587a. Sentence of special confinement for the prevention of sexual
predation.
``3587b. Effect of finality of judgment.
``3587c. Right to hearing.
``3587d. Hearings to determine status as a sexually dangerous person.
``3587e. Commencement of sentence.
``3587f. Definitions.
``3587g. Implementation of a sentence of special confinement for the
prevention of sexual predation.
``Sec. 3587a. Sentence of special confinement for the prevention of
sexual predation
``(a) In General.--The court may sentence to a term of special
confinement for the prevention of sexual predation a defendant who--
``(1) has been found guilty of a qualifying offense; and
``(2) has been sentenced to a term of imprisonment for that
qualifying offense.
``(b) Qualifying Offenses.--For purposes of this section, a
qualifying offense is any of the following:
``(1) An offense under section 2241.
``(2) An offense under section 2242.
``(3) An offense under section 2245.
``(4) An offense under section 2251(e).
``(c) Authorized Terms.--The authorized term of special confinement
for the prevention of sexual predation is for the duration of the
defendant's life.
``Sec. 3587b. Effect of finality of judgment
``Notwithstanding the fact that a sentence to a term of special
confinement for the prevention of sexual predation can subsequently
be--
``(1) corrected under rule 35 of the Federal Rules of
Criminal Procedure and section 3742; or
``(2) appealed and modified under section 3742;
a judgment of conviction that includes such a sentence constitutes a
final judgment for all other purposes.
``Sec. 3587c. Right to hearing
``The defendant shall have the right to a hearing to determine
whether the defendant is a sexually dangerous person. That hearing
shall be conducted not earlier than 180 days before the scheduled
release of the defendant from the custody of the Bureau of Prisons
after the term of imprisonment.
``Sec. 3587d. Hearings to determine status as a sexually dangerous
person
``(a) In General.--Any hearing to determine whether a person
sentenced to a term of special confinement for the prevention of sexual
predation is a sexually dangerous person for purposes of this
subchapter or subchapter D of chapter 229 shall be conducted as
provided under this section.
``(b) Disposition.--If the person establishes by clear and
convincing evidence that the person is not a sexually dangerous person,
the court shall set aside or terminate a sentence to a term of special
confinement for the prevention of sexual predation and order the
release of the person as soon as possible after the date that the
person is released from the custody of the Bureau of Prisones after a
term of imprisonment.
``(c) Examination and Report.--In conducting a hearing under this
section, the court shall order an examination of the defendant by a
licensed psychologist or psychiatrist to determine whether the person
is a sexually dangerous person and a report on the results of that
examination.
``(d) Rights of Person.--
``(1) Except as provided in paragraph (2), a hearing under
this section shall be conducted in same manner as a hearing
under section 4247(d).
``(2) The person shall have the right to have the issue of
whether that person is a sexually dangerous person determined
by a jury impanelled pursuant to chapter 121 of title 28,
United States Code.
``(e) Role of the Government.--In a hearing under this section, the
attorney for the Government may present evidence, subpoena witnesses,
and confront and cross-examine witnesses.
``Sec. 3587e. Commencement of sentence
``A sentence to a term of special confinement for the prevention of
sexual predation commences on the date that the defendant is released
from the custody of the Bureau of Prisons after a term of imprisonment.
``Sec. 3587f. Definitions
``(a) In General.--Except as otherwise provided in this subchapter,
terms used in this subchapter have the meanings given such terms in
section 4247.
``(b) Sexually Dangerous Person.--For purposes of this subchapter,
the term `sexually dangerous person' means an individual who has been
convicted of a sexual offense that includes violent conduct as an
element of the offense, and who suffers from a mental, behavioral, or
emotional disorder affecting the emotional or volitional capacity which
predisposes that individual toward engaging in violent sexual acts to a
degree constituting such individual a menace to the health and safety
of others.
``Sec. 3587g. Implementation of a sentence of special confinement for
the prevention of sexual predation
``The implementation of a sentence of special confinement for the
prevention of sexual predation is governed by the provisions of
subchapter D of chapter 229.''.
SEC. 4. POSTSENTENCE ADMINISTRATION.
Chapter 229 of title 18, United States Code, is amended by adding
at the end the following:
``SUBCHAPTER D--SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION
``3631. Special confinement for the prevention of sexual predation.
``3632. Annual hearings.
``3633. Definitions.
``Sec. 3631. Special confinement for the prevention of sexual predation
``(a) In General.--A person who has been sentenced to a term of
special confinement for the prevention of sexual predation pursuant to
the provisions of subchapter E of chapter 227 shall be treated as
provided under subsection (b). The person shall be committed to the
custody of the Attorney General until--
``(1) the expiration of the term imposed;
``(2) the earlier release of the person pursuant to a
hearing under section 3587d; or
``(3) the transfer of that person to the custody of a State
pursuant to subsection (c).
``(b) Placement in a Suitable Facility.--If no State assumes
custody and responsibility of the defendant under subsection (c), the
Attorney General shall place the defendant in a suitable facility for
treatment.
``(c) State Custody.--If the State in which the person was
domiciled or tried will assume custody of the person and responsibility
for carrying out the sentence of special confinement for the prevention
of sexual predation in a manner consistent with the conditions
described in section 3632, the Attorney General shall commit the
defendant to the custody of that State. The Attorney General shall make
every reasonable effort to cause that State to assume such custody and
responsibility.
``Sec. 3632. Annual hearings
``(a) Commenced by Confined Person.--The confined person has the
right to not more than one hearing under section 3587d to determine
whether the confined person is a sexually dangerous person for each
year that person is confined.
``(b) Commenced by Supervisor Certification.--Not more than once
each year, the supervisor of the facility in which the confined person
is confined may commence a hearing under section 3587d to determine
whether the confined person is a sexually dangerous person by filing
with the court a certificate stating that the supervisor believes that
person is not a sexually dangerous person.
``Sec. 3633. Definitions
``Terms used in this subchapter have the same meanings as terms
under subchapter E of chapter 227.''.
SEC. 5. SENTENCE OF SPECIAL CONFINEMENT FOR THE PREVENTION OF SEXUAL
PREDATION IMPOSED FOR CERTAIN OFFENSES.
(a) Aggravated Sexual Abuse.--Section 2241 of title 18, United
States Code, is amended by adding at the end the following:
``(e) Additional Punishment.--Whoever commits an offense under this
section and is sentenced to a term of imprisonment shall, in addition,
be punished by special confinement for the prevention of sexual
predation for life.''.
(b) Sexual Abuse.--Section 2242 of title 18, United States Code, is
amended by adding at the end the following: ``Whoever commits an
offense under this section and is sentenced to a term of imprisonment
shall, in addition, be punished by special confinement for the
prevention of sexual predation for life.''.
(c) Offenses Resulting in Death.--Section 2245(a) of title 18,
United States Code, is amended by adding at the end the following:
``Whoever commits an offense under this section and is sentenced to a
term of imprisonment shall, in addition, be punished by special
confinement for the prevention of sexual predation for life.''.
(d) Sexual Exploitation of Children.--Section 2251(e) of title 18,
United States Code, is amended by adding at the end the following:
``Whoever commits an offense under this section and is sentenced to a
term of imprisonment shall, in addition, be punished by special
confinement for the prevention of sexual predation for life.''. | Sex Crime Re-Entry EvaluatioN (SCREEN) Act of 2010 - Amends the federal criminal code to allow a court to impose on a defendant who has been convicted of a serious sex crime, including aggravated sexual abuse, sex-related murder, and sexual exploitation of children, a term of special confinement, in addition to the sentence for the underlying crime, to prevent sexual predation. Authorizes the term of such confinement to be the life of the defendant. Allows such defendant the right to one hearing per year after confinement to determine whether such defendant is a sexually dangerous person. | To amend title 18, United States Code, to permit a court to sentence an offender who is determined to be sexually dangerous to a term of special confinement for the prevention of sexual predation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Reservation Rural Water
System Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are insufficient water supplies available to
residents of the Fort Peck Indian Reservation in Montana, and
the water systems that are available do not meet minimum health
and safety standards, thereby posing a threat to public health
and safety;
(2) the United States has a trust responsibility to ensure
that adequate and safe water supplies are available to meet the
economic, environmental, water supply, and public health needs
of the Fort Peck Indian Reservation; and
(3) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Fort Peck
Indian Reservation is the Missouri River.
(b) Purpose.--The Congress declares that the purposes of sections 1
through 7 are to ensure a safe and adequate municipal, rural, and
industrial water supply for the residents of the Fort Peck Indian
Reservation in Montana;
SEC. 3. FORT PECK RESERVATION RURAL WATER SYSTEM.
(a) Authorization.--The Secretary of the Interior (hereafter
referred to as the ``Secretary'') is authorized and directed to plan,
design, construct, operate, maintain, and replace a municipal, rural
and industrial water system, to be known as the Fort Peck Reservation
Rural Water System, as generally described in the report entitled
Technical Report for the Fort Peck Reservation Rural Water System and
dated July, 1995. The Fort Peck Reservation Rural Water System shall
consist of--
(1) pumping and treatment facilities located along the
Missouri River near Poplar, Montana;
(2) pipelines extending from the Missouri River near
Poplar, Montana, throughout the Fort Peck Indian Reservation;
(3) facilities to allow for future interconnections to
areas outside the Fort Peck Indian Reservation, including
communities of Plentywood, Scobey, Flaxville, and Culbertson;
(4) distribution and treatment facilities to serve the
needs of the Fort Peck Indian Reservation, including but not
limited to the purchase, improvement and repair of existing
water systems, including systems owned by individual tribal
members and other residents of the Fort Peck Indian
Reservation;
(5) appurtenant buildings and access roads;
(6) necessary property and property rights;
(7) electrical power transmission and distribution
facilities necessary for services to water systems facilities;
and
(8) such other pipelines, pumping plants, and facilities as
the Secretary deems necessary or appropriate to meet the water
supply, economic, public health, and environmental needs of the
reservation, including (but not limited to) water storage
tanks, water lines, and other facilities for the Fort Peck
Assiniboine and Sioux Tribes and reservation villages, towns,
and municipalities.
(b) Agreement to Plan, Construct, Operate and Maintain the Fort
Peck Reservation Rural Water System:
(1) In carrying out subsection (a), the Secretary shall
enter into cooperative agreements with the Fort Peck Tribal
Executive Board for planning, designing, constructing,
operating, maintaining, and replacing the Fort Peck Reservation
Rural Water System.
(2) Such cooperative agreements shall set forth, in a
manner acceptable to the Secretary and the Tribal Executive
Board--
(A) the responsibilities of the parties for needs
assessment, feasibility, and environmental studies;
engineering and design; construction; water
conservation measures; and administration of any
contracts with respect to this subparagraph;
(B) the procedures and requirements for approval
and acceptance of such design and construction; and
(C) the rights, responsibilities, and liabilities
of each party to the agreement.
(3) Such cooperative agreements may include purchase,
improvement, and repair of existing water systems, including
systems owned by individual tribal members and other residents
located on the Fort Peck Indian Reservation.
(4) The Secretary may unilaterally terminate any
cooperative agreement entered into pursuant to this section if
the Secretary determines that the quality of construction does
not meet all standards established for similar facilities
constructed by the Secretary or that the operation and
maintenance of the system does not meet conditions acceptable
to the Secretary of fulfilling the obligations of the United
States to the Fort Peck Assiniboine and Sioux Tribes.
(5) Upon execution of any cooperative agreement authorized
upon this section, and in accordance with its terms, the
Secretary is authorized to transfer to the Fort Peck Tribes on
a non-reimbursable basis, the funds authorized to be
appropriated by section 6 for the Fort Peck Reservation Rural
Water System.
(c) Service Area.--The service area of the Fort Peck Reservation
Rural Water System shall be the Fort Peck Indian Reservation and
surrounding communities.
(d) Construction Requirements.--The pumping plants, pipelines,
treatment facilities, and other appurtenant facilities for the Fort
Peck Reservation Rural Water System shall be planned and constructed to
a size sufficient to meet the municipal, rural, and industrial water
supply requirements of the Fort Peck Indian Reservation and the rural
areas north of the Reservation, taking into account the effects of the
water conservation plans described in section 4.
(e) Title to System.--Title to the Fort Peck Reservation Rural
Water Supply System shall be held in trust for the Fort Peck
Assiniboine and Sioux Tribes by the United States and shall not be
transferred without a subsequent Act of Congress.
(f) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the Fort
Peck Reservation Rural Water Supply System until--
(1) the requirements of the National Environmental Policy
Act of 1969 have been met; and
(2) a final engineering report has been approved by the
Secretary.
(g) Technical Assistance.--The Secretary is authorized and directed
to provide such technical assistance as may be necessary to the Fort
Peck Tribes to plan, develop, construct, operate, maintain and replace
the Fort Peck Reservation Rural Water Supply System, including (but not
limited to) operation and management training.
(h) Application of Indian Self-Determination Act.--Planning,
design, construction and operation of the Fort Peck Reservation Rural
Water System within the Fort Peck Reservation shall be subject to the
provisions of the Indian Self-Determination Act (Public Law 93-638;
U.S.C. 450).
SEC. 4. WATER CONSERVATION PROGRAMS.
(a) In order to reduce costs and to reduce water consumption, the
Secretary, prior to obligating any construction funds, shall issue a
public notice finding that plans for the Fort Peck Reservation Rural
Water System include prudent and responsible water conservation
measures for the operation of the system where such measures are shown
to be economically and financially feasible. The Fort Peck Tribes shall
develop a water conservation plan containing definite goals,
appropriate water conservation measures, and a time schedule for
meeting the water conservation objectives. The provisions of section
210(c) of Public Law 97-293 (96 Stat. 1268) shall apply with respect to
the systems.
(b) Purpose.--The water conservation program required under this
section shall be designed to ensure that users of water from the water
supply system will use the best practicable technology and management
techniques to conserve water.
SEC 5. USE OF PICK-SLOAN POWER.
(a) In General.--The Fort Peck Reservation Rural Water System shall
utilize power from Pick-Sloan for operation. This power shall be deemed
to be a project use pumping requirement of Pick-Sloan.
(b) Power To Be Used.--As of the date of enactment of this Act,
power identified for future project use pumping shall be reserved for
and made available for the purpose authorized by subsection (a).
(c) Rate.--The rate for project use power made available pursuant
to subsection (a) shall be the wholesale firm power rate for Pick-Sloan
(Eastern Division) in effect at the time the power is sold.
(d) Additional Power.--If additional power beyond that made
available through subsection (b) is required to meet the pumping
requirements of the system, the Administrator of the Western Area Power
Administration is authorized to purchase the additional power needed
under such terms and conditions the Administrator deems appropriate.
Expenses associated with such power purchases shall be recovered
through a separate power charge, sufficient to recover these expenses,
applied to the System.
(e) Definitions.--For purposes of this section--
(1) the term ``System'' means the Fort Peck Reservation
Rural Water System; and
(2) the term ``Pick Sloan'' means the Pick-Sloan Missouri
Basin Program authorized by section 9 of the Act of December
22, 1944 (58 Stat. 891; commonly referred to as the Flood
Control Act of 1944).
SEC. 6. AUTHROIZATION OF APPROPRIATIONS.
(a) Planning, Design, and Construction.--There are authorized to be
appropriated $114,734,300 for the planning, design, and construction of
the Fort Peck Reservation Rural Water System, the system defined under
the provisions of section 3. Such funds are authorized to be
appropriated only through the end of the fifth fiscal year after which
construction funds are first made available. The funds authorized to be
appropriated by the first sentence of this section, less any amounts
previously obligated for the System, may be increased or decreased by
such amounts as may be justified by reason of ordinary fluctuations in
development costs incurred after January 1, 1995, as indicated by
engineering costs indices applicable for the type of construction
involved.
(b) Operation and Maintenance of Fort Peck Reservation Rural Water
Supply System.--There are authorized to be appropriated such sums as
may be necessary for the operation and maintenance of the Fort Peck
Reservation Rural Water System.
SEC. 7. WATER RIGHTS.
Nothing in sections 1 through 12 shall be construed to--
(1) impair the validity of or preempt any provision of
State water law, or of any interstate compact governing water;
(2) alter the rights of any State to any appropriated share
of the waters of any body or surface or ground water, whether
determined by past or future interstate compacts, or by past or
future legislative or final judicial allocations;
(3) preempt or modify any State or Federal law or
interstate compact dealing with water quality or disposal;
(4) confer upon any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any groundwater resources; or
(5) affect any water rights of the Fort Peck Tribes,
whether located within or without the external boundaries of
the Fort Peck Indian Reservation, based on treaty, compact,
executive orders, agreement, Act of Congress, aboriginal title,
the Winters doctrine (Winters v. United States, 207 U.S. 564
(1908)), or otherwise. Nothing contained in this section or in
section 1 through 7, however, is intended to validate or
invalidate any assertion of the existence, nonexistence or
extinguishment of any water rights, or compacts thereto, held
by the Fort Peck Tribes, or any other Indian Tribe or
individual Indian under Federal or State law. | Fort Peck Reservation Rural Water System Act of 1995 (sic) - Authorizes the Secretary of the Interior to plan, design, construct, operate, maintain, and replace a municipal, rural, and industrial water system, to be known as the Fort Peck Reservation Rural Water System and to consist of specified facilities. Directs the Secretary to enter into cooperative agreements with the Fort Peck Tribal Executive Board with respect to all phases of the System. Provides construction requirements. Prohibits the obligation of construction funds until: (1) certain environmental mitigation requirements have been met; and (2) a final engineering report has been approved by the Secretary.
Directs the Secretary to issue a public notice finding that plans for the System include prudent and responsible water conservation measures which are economically and financially feasible.
Requires the System to utilize power for its operation from the Pick-Sloan Missouri Basin Program.
Authorizes appropriations for planning, design, construction, operation, and maintenance of the System. | Fort Peck Reservation Rural Water System Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nutrition Coordinators for Local
Healthy Youth Act''.
SEC. 2. GRANT PROGRAM FOR NUTRITION COORDINATORS.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is
amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following new
subsection:
``(l) Grant Program for Nutrition Coordinators.--
``(1) Establishment of grant program.--The Secretary, in
consultation with the Secretary of Education, shall establish a
program to make grants to local educational agencies to appoint
nutrition coordinators to carry out the activities described in
paragraph (4).
``(2) Application.--To be selected to receive a grant under
paragraph (1), a local educational agency, in consultation with
the State agency that administers school lunch programs in the
geographic area served by such local educational agency, shall
submit an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Use of funds.--A local educational agency that
receives a grant under this subsection shall use such funds to
appoint a nutrition coordinator to, with respect to the
geographic area served by such agency--
``(A) ensure compliance with local school wellness
policies under section 9A of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758b);
``(B) coordinate nutrition education programs with
school food service directors for such local
educational agency;
``(C) conduct trainings and facilitate information
sharing of best practices that--
``(i) encourage students to participate in
healthy eating and active living;
``(ii) are consistent with the Dietary
Guidelines for Americans published under
section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7
U.S.C. 5341); and
``(iii) are consistent with the Physical
Activity Guidelines for Americans published by
the Office of Disease Prevention and Health
Promotion of the Department of Health and Human
Services;
``(D) work with programs that promote and motivate
students to participate in school wellness activities;
``(E) coordinate and collaborate with other
nutrition education programs, including--
``(i) programs under the Supplemental
Nutrition Assistance Program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
``(ii) cooperative extension services (as
such term is defined in section 1404 of the
Food and Agriculture Act of 1977 (7 U.S.C.
3103));
``(iii) nutrition education programs
carried out by community-based organizations;
and
``(iv) other team network nutrition
programs;
``(F) provide community outreach to promote
nutrient-rich foods and farm-to-school activities;
``(G) promote regular physical activity in students
before, during, and after school;
``(H) ensure students receive effective and
consistent messages regarding healthy eating and active
living; and
``(I) to promote nutrition education and team
network nutrition programs in the State in which such
local educational agency is located, coordinate and
collaborate with--
``(i) the team nutrition network
coordinator for the State; and
``(ii) community partners.
``(4) Nutrition coordinator requirements.--A nutrition
coordinator may not be appointed under this subsection unless
the Coordinator has a background in nutrition education,
dietetics, or nutrition program management.
``(5) Nutrition coordinator reports.--Not later than 1 year
after the date on which a nutrition coordinator is appointed
under this subsection, the nutrition coordinator shall submit
to the Secretary a report that includes--
``(A) a plan to implement activities under this
section; and
``(B) a review of, and plan for, coordination and
collaboration with nutrition education programs
described in paragraph (4)(E).
``(6) Evaluation of grant program.--Not later than January
1, 2019, the Secretary shall submit a report to Congress that
includes--
``(A) the results of an evaluation of the grant
program established under this subsection;
``(B) a review of the implementation of this
subsection;
``(C) an assessment of local educational agencies
with respect to activities conducted to ensure students
receive nutrition education consistent with the Dietary
Guidelines for Americans published under section 301 of
the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341);
``(D) best practices for encouraging students to
participate in healthy eating and active living;
``(E) an assessment of local school wellness
policies under section 9A of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758b); and
``(F) an assessment of school personnel and their
level of interaction and satisfaction with nutrition
coordinators.''. | Nutrition Coordinators for Local Healthy Youth Act This bill amends the Child Nutrition Act of 1966 to establish a Department of Agriculture program to award grants to local educational agencies to appoint nutrition coordinators with a background in nutrition education, dietetics, or nutrition program management. The responsibilities of the coordinators include: ensuring compliance with local school wellness policies under the Richard B. Russell National School Lunch Act, coordinating nutrition education programs with school food service directors, conducting training and facilitating information sharing of best practices, working with programs that promote and motivate students to participate in school wellness activities, coordinating and collaborating with other nutrition education programs, providing community outreach to promote nutrient-rich foods and farm-to-school activities, promoting regular physical activity in students, ensuring students receive effective and consistent messages regarding healthy eating and active living, and promoting nutrition education and team network nutrition programs in the state by coordinating and collaborating with the team nutrition network coordinator and community partners. | Nutrition Coordinators for Local Healthy Youth Act |
OF INTERCIRCUIT CONFLICTS.
(a) Special Panel.--Section 46 of title 28, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 46. Assignment of judges; panels; hearings; Intercircuit Court;
quorum'';
(2) in subsection (d)--
(A) by redesignating such subsection as subsection
(e); and
(B) by striking ``paragraph (c)'' and inserting
``subsections (c) and (d)''; and
(3) by inserting after subsection (c) the following:
``(d)(1) The judges of the Courts of Appeals for the Ninth and
Twelfth Circuits whose official duty stations are in the State of
California shall constitute the Intercircuit California En Banc Court.
The Intercircuit Court shall convene as necessary to resolve any
conflict between a decision of the Court of Appeals for the Ninth
Circuit and a decision of the Court of Appeals for the Twelfth Circuit
that results or is likely to result in the imposition of inconsistent
or otherwise nonuniform Federal law within the State of California.
``(2) An appeal or other proceeding shall be reheard by the
Intercircuit Court upon a majority vote of the judges of that court who
are in regular active service. Any judge of the Intercircuit Court who
is in regular active service may request a vote to determine whether a
decision of the Court of Appeals of which that judge is a member should
be ordered reheard by the Intercircuit Court. The appropriateness of
rehearing by the Intercircuit Court may be suggested by a party, but a
vote of the Intercircuit Court to order rehearing shall not be taken
unless requested by a judge of the Intercircuit Court who is in regular
active service and who is a member of the Court of Appeals in which the
appeal or other proceeding is pending.
``(3) Rehearing by the Intercircuit Court shall not be favored and
ordinarily shall be considered only when the failure to resolve a
conflict described in paragraph (1) would be unusually burdensome to
the administration of Federal law within the State of California.
``(4) The clerk of the Court of Appeals for the Ninth Circuit, and
the clerk of the Court of Appeals for the Twelfth Circuit, shall,
during alternate 2-year periods, serve as the clerk of the Intercircuit
Court and shall provide such services as are needed by the Intercircuit
Court.''.
(b) Conforming Amendment.--The item relating to section 46 in the
table of sections at the beginning of chapter 3 of title 28, United
States Code, is amended to read as follows:
``46. Assignment of judges; panels; hearing; Intercircuit Court;
quorum.''.
SEC. 4. ASSIGNMENT AND SENIORITY OF JUDGES.
(a) Active Service Judges.--
(1) New ninth circuit.--Each circuit judge in regular
active service of the former ninth circuit whose official duty
station on the day before the effective date of this Act is in
Alaska, Idaho, Montana, Oregon, Washington, Hawaii, Guam, the
Northern Mariana Islands, or the Northern or Eastern District
of California is assigned as a circuit judge of the new ninth
circuit as of such effective date.
(2) Twelfth circuit.--Each circuit judge in regular active
service of the former ninth circuit whose official duty station
on the day before the effective date of this Act is in Arizona,
Nevada, or the Central or Southern District of California is
assigned as a circuit judge of the twelfth circuit as of such
effective date.
(b) Senior Judges.--Each judge who is a senior judge of the former
ninth circuit on the day before the effective date of this Act may
elect to be assigned to the new ninth circuit or to the twelfth circuit
and shall notify the Director of the Administrative Office of the
United States Courts of such election.
(c) Seniority.--The seniority of each judge--
(1) who is assigned under subsection (a), or
(2) who elects to be assigned under subsection (b),
shall run from the date of the commission of such judge as a judge of
the former ninth circuit.
SEC. 5. PENDING PROCEEDINGS.
The following applies to any case in which, on the day before the
effective date of this Act, an appeal or other proceeding has been
filed with the former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which it
would have gone had this Act been in full force and effect at
the time such appeal was taken or other proceeding commenced,
and further proceedings in respect of the case shall be had in
the same manner and with the same effect as if the appeal or
other proceeding had been filed in such court.
(3) A petition for rehearing or a petition for rehearing en
banc in a matter decided before the effective date of this Act,
or submitted before the effective date of this Act and decided
on or after the effective date as provided in paragraph (1) of
this section, shall be treated in the same manner and with the
same effect as though this Act had not been enacted. If a
petition for rehearing en banc is granted, the matter shall be
reheard by a court comprised as though this Act had not been
enacted.
SEC. 6. TRANSITIONAL PROVISION.
The new ninth circuit and the twelfth circuit shall be deemed to be
a single circuit for purposes of sections 291(a) and 292(a) of title
28, United States Code, with respect to any judge serving in the former
ninth circuit on the day before the effective date of this Act.
SEC. 7. DEFINITIONS.
As used in sections 4, 5, and 6--
(1) the term ``former ninth circuit'' means the ninth
judicial circuit of the United States as in existence on the
day before the effective date of this Act;
(2) the term ``new ninth circuit'' means the ninth judicial
circuit of the United States established by the amendment made
by section 2(a)(2); and
(3) the term ``twelfth circuit'' means the twelfth judicial
circuit of the United States established by the amendment made
by section 2(a)(3).
SEC. 8. ADMINISTRATIVE ACTIONS.
The court of appeals for the ninth circuit as constituted on the
day before the effective date of this Act may take such administrative
action as may be required to carry out this Act. Such court shall cease
to exist for administrative purposes on July 1, 1997.
SEC. 9. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1994. | Ninth Circuit Court of Appeals Reorganization Act of 1993 - Divides the current U.S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit, composed of the States of Alaska, Idaho, Montana, Oregon, Washington, Hawaii, Guam, the Northern Mariana Islands, and the Northern and Eastern Districts of California, consisting of 14 judges, and holding regular sessions in San Francisco, Portland, and Seattle; and (2) the Twelfth Circuit, composed of the States of Arizona, Nevada, and the Central and Southern Districts of California, consisting of 14 judges, and holding regular sessions in Los Angeles, Reno, and Phoenix.
Designates the judges of the Courts of Appeals for the Ninth and Twelfth Circuits whose official duty stations are in California as the Intercircuit California En Banc Court which shall convene as necessary to resolve any conflict between decisions of the Courts of Appeals for the Ninth and Twelfth Circuits that results or is likely to result in the imposition of inconsistent or otherwise nonuniform Federal law within California. Establishes procedures regarding rehearings by, and service as the clerk of, the Intercircuit Court.
Sets forth provisions regarding: (1) assignment and seniority of judges in the Ninth and Twelfth Circuits; (2) pending proceedings; and (3) transition.
Makes this Act effective October 1, 1994. | Ninth Circuit Court of Appeals Reorganization Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Medical Service Safety
Improvement Act of 2009''.
SEC. 2. INCREASING SAFETY FOR HELICOPTER AND FIXED-WING EMERGENCY
MEDICAL SERVICE OPERATORS AND PATIENTS.
(a) Compliance Regulations.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of enactment of this Act,
helicopter and fixed-wing aircraft certificate holders
providing emergency medical services shall comply with part 135
of title 14, Code of Federal Regulations, if there is a medical
crew on board, without regard to whether there are patients on
board.
(2) Exception.--If a certificate holder described in
paragraph (1) is operating under instrument flight rules or is
carrying out training therefor--
(A) the weather minimums and duty and rest time
regulations under such part 135 of such title shall
apply; and
(B) the weather reporting requirement at the
destination shall not apply until such time as the
Administrator of the Federal Aviation Administration
determines that portable, reliable, and accurate
ground-based weather measuring and reporting systems
are available.
(b) Implementation of Flight Risk Evaluation Program.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to create a standardized checklist of risk
evaluation factors based on Notice 8000.301, which was
issued by the Administration on August 1, 2005; and
(B) to require helicopter and fixed-wing aircraft
emergency medical service operators to use the
checklist created under subparagraph (A) to determine
whether a mission should be accepted.
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it such
initiation.
(c) Comprehensive Consistent Flight Dispatch Procedures.--
(1) Initiation.--Not later than 60 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall initiate a rulemaking--
(A) to require that helicopter and fixed-wing
emergency medical service operators formalize and
implement performance-based flight dispatch and flight
following procedures; and
(B) to develop a method to assess and ensure that
such operators comply with the requirements described
in subparagraph (A).
(2) Completion.--The rulemaking initiated under paragraph
(1) shall be completed not later than 18 months after it such
initiation.
(d) Improving Situational Awareness.--Not later than one year after
the date of enactment of this Act, any helicopter or fixed-wing
aircraft used for emergency medical service shall have on board a
device that performs the function of a terrain awareness and warning
system and a means of displaying that information that meets the
requirements of the applicable Federal Aviation Administration
Technical Standard Order or other guidance prescribed by the
Administrator.
(e) Improving the Data Available on Air Medical Operations.--
(1) In general.--The Administrator of the Federal Aviation
Administration shall require each certificate holder for
helicopters and fixed-wing aircraft used for emergency medical
service operations to report not later than 1 year after the
date of enactment of this Act and annually thereafter on--
(A) the number of aircraft and helicopters used to
provide air ambulance services, the registration number
of each of these aircraft or helicopters, and the base
location of each of these aircraft or helicopters;
(B) the number of flights and hours flown by each
such aircraft or helicopter used by the certificate
holder to provide such services during the reporting
period; and
(C) the number of flights and the purpose of each
flight for each aircraft or helicopter used by the
certificate holder to provide such services during the
reporting period.
(2) Report to Congress.--The Administrator of the Federal
Aviation Administration shall report to Congress on the
information received pursuant to paragraph (1) of this
subsection no later than 18 months after the date of enactment
of this Act.
(f) Improving the Data Available to NTSB Investigators at Crash
Sites.--
(1) Study.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue a report that indicates the
availability, survivability, size, weight, and cost of devices
that perform the function of recording voice communications and
flight data information on existing and new helicopters and
existing and new fixed-wing aircraft used for emergency medical
service operations.
(2) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Federal
Aviation Administration shall issue regulations that require
devices that perform the function of recording voice
communications and flight data information on board aircraft
described in paragraph (1). | Air Medical Service Safety Improvement Act of 2009 - Requires helicopter and fixed-wing aircraft certificate holders providing emergency medical services, if there is a medical crew on board, without regard to whether there are patients on board, to comply with federal safety operating requirements governing commuter and on demand operations as well as persons on board aircraft. Prescribes other requirements for such certificate holders when operating under instrument flight rules or carrying out training.
Requires the Administrator of the Federal Aviation Administration (FAA) to initiate a rulemaking to: (1) create a standardized checklist of risk evaluation factors which shall be used by helicopter and fixed-wing aircraft emergency medical service operators to determine whether a mission should be accepted; (2) require such operators to implement and comply with performance-based flight dispatch and flight-following procedures; and (3) develop a method to assess and ensure that such operators comply with the latter requirements.
Requires, not later than one year after enactment of this Act, helicopter or fixed-wing aircraft used for emergency medical service to have on board a terrain awareness and warning system device, and a means of displaying its information, that meet FAA guidelines.
Requires the Administrator to: (1) require certificate holders for helicopters and fixed-wing aircraft used for emergency medical service operations to report annually on the number of such aircraft used, and number of flights and hours flown, to provide air ambulance services; (2) issue a report on the availability, survivability, and costs of devices that record voice communications and flight data information on existing and new helicopters and fixed-wing aircraft used for emergency medical service operations; and (3) issue regulations to require such devices on board such aircraft. | A bill to increase the safety of the crew and passengers in air ambulances. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spokane Tribe of Indians of the
Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) from 1927 to 1931, at the direction of Congress, the
Corps of Engineers investigated the Columbia River and its
tributaries to determine sites at which power could be produced
at low cost;
(2) the Corps of Engineers--
(A) identified a number of sites, including the
site at which the Grand Coulee Dam is located; and
(B) recommended that power development at those
sites be performed by local governmental authorities or
private utilities under the Federal Power Act (16
U.S.C. 791a et seq.);
(3) under section 10(e) of that Act (16 U.S.C. 803(e)), a
licensee is required to compensate an Indian tribe for the use
of land under the jurisdiction of the Indian tribe;
(4) in August 1933, the Columbia Basin Commission, an
agency of the State of Washington, received a preliminary
permit from the Federal Power Commission for water power
development at the Grand Coulee site;
(5) in the mid-1930's, the Federal Government, which is not
subject to the Federal Power Act (16 U.S.C. 791a et seq.)--
(A) federalized the Grand Coulee Dam project; and
(B) began construction of the Grand Coulee Dam;
(6) at the time at which the Grand Coulee Dam project was
federalized, the Federal Government recognized that the Spokane
Tribe and the Confederated Tribes of the Colville Reservation
had compensable interests in the Grand Coulee Dam project,
including compensation for--
(A) the development of hydropower;
(B) the extinguishment of a salmon fishery on which
the Spokane Tribe was almost completely financially
dependent; and
(C) the inundation of land with loss of potential
power sites previously identified by the Spokane Tribe;
(7) in the Act of June 29, 1940, Congress--
(A) in the first section (16 U.S.C. 835d) granted
to the United States--
(i) all rights of Indian tribes in land of
the Spokane Tribe and Colville Indian
Reservations that were required for the Grand
Coulee Dam project; and
(ii) various rights-of-way over other land
under the jurisdiction of Indian tribes that
were required in connection with the project;
and
(B) in section 2 (16 U.S.C. 835e) provided that
compensation for the land and rights-of-way was to be
determined by the Secretary of the Interior in such
amounts as the Secretary determined to be just and
equitable;
(8) in furtherance of that Act, the Secretary of the
Interior paid--
(A) to the Spokane Tribe, $4,700; and
(B) to the Confederated Tribes of the Colville
Reservation, $63,000;
(9) in 1994, following 43 years of litigation before the
Indian Claims Commission, the United States Court of Federal
Claims, and the United States Court of Appeals for the Federal
Circuit, Congress ratified an agreement between the
Confederated Tribes of the Colville Reservation and the United
States that provided for damages and annual payments of
$15,250,000 in perpetuity, adjusted annually, based on revenues
from the sale of electric power from the Grand Coulee Dam
project and transmission of that power by the Bonneville Power
Administration;
(10) in legal opinions issued by the Office of the
Solicitor of the Department of the Interior, a Task Force Study
conducted from 1976 to 1980 ordered by the Committee on
Appropriations of the Senate, and hearings before Congress at
the time at which the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577) was enacted, it has repeatedly been
recognized that--
(A) the Spokane Tribe suffered damages similar to
those suffered by, and had a case legally comparable to
that of, the Confederated Tribes of the Colville
Reservation; but
(B) the 5-year statute of limitations under the Act
of August 13, 1946 (25 U.S.C. 70 et seq.) precluded the
Spokane Tribe from bringing a civil action for damages
under that Act;
(11) the inability of the Spokane Tribe to bring a civil
action before the Indian Claims Commission can be attributed to
a combination of factors, including--
(A) the failure of the Bureau of Indian Affairs to
carry out its advisory responsibilities in accordance
with that Act; and
(B) an attempt by the Commissioner of Indian
Affairs to impose improper requirements on claims
attorneys retained by Indian tribes, which caused
delays in retention of counsel and full investigation
of the potential claims of the Spokane Tribe;
(12) as a consequence of construction of the Grand Coulee
Dam project, the Spokane Tribe--
(A) has suffered the loss of--
(i) the salmon fishery on which the Spokane
Tribe was dependent;
(ii) identified hydropower sites that the
Spokane Tribe could have developed; and
(iii) hydropower revenues that the Spokane
Tribe would have received under the Federal
Power Act (16 U.S.C. 791a et seq.) had the
project not been federalized; and
(B) continues to lose hydropower revenues that the
Federal Government recognized were owed to the Spokane
Tribe at the time at which the project was constructed;
and
(13) more than 39 percent of the land owned by Indian
tribes or members of Indian tribes that was used for the Grand
Coulee Dam project was land of the Spokane Tribe.
SEC. 3. STATEMENT OF PURPOSE.
The purpose of this Act is to provide fair and equitable
compensation to the Spokane Tribe, using the same proportional basis as
was used in providing compensation to the Confederated Tribes of the
Colville Reservation, for the losses suffered as a result of the
construction and operation of the Grand Coulee Dam project.
SEC. 4. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Bonneville Power Administration.
(2) Confederated tribes act.--The term ``Confederated
Tribes Act'' means the Confederated Tribes of the Colville
Reservation Grand Coulee Dam Settlement Act (Public Law 103-
436; 108 Stat. 4577).
(3) Fund account.--The term ``Fund Account'' means the
Spokane Tribe of Indians Settlement Fund Account established
under section 5(a).
(4) Spokane tribe.--The term ``Spokane Tribe'' means the
Spokane Tribe of Indians of the Spokane Reservation,
Washington.
SEC. 5. SETTLEMENT FUND ACCOUNT.
(a) Establishment of Account.--There is established in the Treasury
an interest bearing account to be known as the ``Spokane Tribe of
Indians Settlement Fund Account''.
(b) Deposit of Amounts.--
(1) Initial deposit.--On the date on which funds are made
available to carry out this Act, the Secretary of the Treasury
shall deposit in the Fund Account, as payment and satisfaction
of the claim of the Spokane Tribe for use of land of the
Spokane Tribe for generation of hydropower for the period
beginning on June 29, 1940, and ending on November 2, 1994, an
amount that is equal to 39.4 percent of the amount paid to the
Confederated Tribes of the Colville Reservation under section
5(a) of the Confederated Tribes Act, adjusted to reflect the
change, during the period beginning on the date on which the
payment described in subparagraph (A) was made to the
Confederated Tribes of the Colville Reservation and ending on
the date of enactment of this Act, in the Consumer Price Index
for all urban consumers published by the Department of Labor.
(2) Subsequent deposits.--On September 30 of the first
fiscal year that begins after the date of enactment of this
Act, and on September 30 of each of the 5 fiscal years
thereafter, the Administrator of the Bonneville Power
Administration shall deposit in the Fund Account an amount that
is equal to 7.88 percent of the amount authorized to be paid to
the Confederated Tribes of the Colville Reservation under
section 5(b) of the Confederated Tribes Act through the end of
the fiscal year during which this Act is enacted, adjusted to
reflect the change, during the period beginning on the date on
which the payment to the Confederated Tribes of the Colville
Reservation was first made and ending on the date of enactment
of this Act, in the Consumer Price Index for all urban
consumers published by the Department of Labor.
(c) Annual Payments.--On September 1 of the first fiscal year after
the date of enactment of this Act, and annually thereafter, the
Administrator (or the head of any successor agency) shall pay to the
Spokane Tribe an amount that is equal to 39.4 percent of the annual
payment authorized to be paid to the Confederated Tribes of the
Colville Reservation under section 5(b) of the Confederated Tribes Act
for the fiscal year.
SEC. 6. USE AND TREATMENT OF SETTLEMENT FUNDS.
(a) Transfer of Funds to Spokane Tribe.--
(1) Initial transfer.--Not later than 60 days after the
date on which the Secretary of the Treasury receives from the
Spokane Business Council written notice of the adoption by the
Spokane Business Council of a resolution requesting that the
Secretary of the Treasury execute the transfer of settlement
funds described in section 5(a), the Secretary of the Treasury
shall transfer all or a portion of the settlement funds, as
appropriate, to the Spokane Business Council.
(2) Subsequent transfers.--If not all funds described in
section 5(a) are transferred to the Spokane Business Council
under an initial transfer request described in paragraph (1),
the Spokane Business Council may make subsequent requests for,
and the Secretary of the Treasury may execute subsequent
transfers of, those funds.
(b) Use of Initial Payment Funds.--Of the settlement funds
described in subsections (a) and (b) of section 5--
(1) 25 percent shall be--
(A) reserved by the Spokane Business Council; and
(B) used for discretionary purposes of general
benefit to all members of the Spokane Tribe; and
(2) 75 percent shall be used by the Spokane Business
Council to carry out--
(A) a resource development program;
(B) a credit program;
(C) a scholarship program; or
(D) a reserve, investment, and economic development
program.
(c) Use of Annual Payment Funds.--Annual payments made to the
Spokane Tribe under section 5(c) may be used or invested by the Spokane
Tribe in the same manner and for the same purposes as other tribal
governmental funds.
(d) Approval by Secretary.--Notwithstanding any other provision of
law--
(1) the approval of the Secretary of the Treasury or the
Secretary of the Interior for any payment, distribution, or use
of the principal, interest, or income generated by any
settlement funds transferred or paid to the Spokane Tribe under
this Act shall not be required; and
(2) the Secretary of the Treasury and the Secretary of the
Interior shall have no trust responsibility for the investment,
supervision, administration, or expenditure of those funds
after the date on which the funds are transferred to or paid to
the Spokane Tribe.
(e) Treatment of Funds for Certain Purposes.--The payments and
distributions of any portion of the principal, interest, and income
generated by the settlement funds described in section 5 shall be
treated in the same manner as payments or distributions under section 6
of the Saginaw Chippewa Indian Tribe of Michigan Distribution of
Judgment Funds Act (Public Law 99-346; 100 Stat. 677).
(f) Tribal Audit.--After the date on which the settlement funds
described in section 5 are transferred or paid to the Spokane Tribe,
the funds--
(1) shall be considered to be Spokane Tribe governmental
funds; and
(2) shall be subject to an annual tribal governmental
audit.
SEC. 7. REPAYMENT CREDIT.
(a) In General.--For the first fiscal year that begins after the
date of enactment of this Act, and for each subsequent fiscal year in
which annual payments are made under this Act, the Administrator shall
deduct from the interest payable to the Secretary of the Treasury from
net proceeds (as defined in section 13 of the Federal Columbia River
Transmission System Act (16 U.S.C. 838k)), a percentage of the payment
made to the Spokane Tribe for the preceding fiscal year.
(b) Calculation.--The percentage deducted under subsection (a)
shall be calculated and adjusted to ensure that the Bonneville Power
Administration receives a deduction comparable to that which the
Bonneville Power Administration receives for payments made to the
Confederated Tribes of the Colville Reservation under to the
Confederated Tribes Act.
(c) Crediting.--
(1) Deductions.--
(A) In general.--Except as provided in subparagraph
(B), each deduction made under this section shall be--
(i) credited to the interest payments
otherwise payable by the Administrator to the
Secretary of the Treasury during the fiscal
year in which the deduction is made; and
(ii) allocated pro rata to all interest
payments on debt associated with the generation
function of the Federal Columbia River Power
System that are due during that fiscal year.
(B) Exception.--If, for any fiscal year, the amount
of a deduction described in subparagraph (A) is greater
than the amount of interest due on debt associated with
the generation function for the fiscal year, the amount
of the deduction that exceeds the interest due on debt
associated with the generation function shall be
allocated pro rata to all other interest payments due
during that fiscal year.
(2) Other programs.--To the extent that a deduction
described in paragraph (1) exceeds the amount of interest
described in that paragraph, the deduction shall be applied as
a credit against any other payments that the Administrator
makes to the Secretary of the Treasury.
SEC. 8. SATISFACTION OF CLAIMS.
Payment by the Administrator under section 5 constitutes full
satisfaction of the claim of Spokane Tribe to a fair share of the
annual hydropower revenues generated by the Grand Coulee Dam project
from June 29, 1940, through the fiscal year preceding the fiscal year
in which this Act is enacted.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Spokane Tribe of Indians of the Spokane Reservation Grand Coulee Dam Equitable Compensation Settlement Act - Establishes in the Treasury the Spokane Tribe of Indians Settlement Fund Account.Requires the payment of compensation to the Spokane Tribe for the use of their lands for the generation of hydropower from the Grand Coulee Dam project. Bases such payments on the settlement paid to the Confederated Tribes of the Colville Reservation, pursuant to the Confederated Tribes Act, adjusted for inflation.Directs the Secretary of the Treasury to make an initial payment in satisfaction of Spokane Tribe claims from June 29, 1940, through November 2, 1994.Requires the Administrator of the Bonneville Power Administration to make subsequent payments, including one for six years only and annual payments.Requires the Secretary to transfer settlement funds to the Spokane Business Council, at their request. Requires 75 percent of such funds to be used for programs for resource development, credit, scholarship, and economic development. Subjects such funds to tribal control and audit.Entitles the Bonneville Power Administration to a deduction from interest otherwise payable to the Secretary for a percentage of payments made to the Spokane Tribe on a comparable basis to that allowed for payments to the Confederated Tribes of the Colville Reservation.States that payments under this Act constitute full satisfaction of Spokane Tribe claims against annual hydropower revenues of the Grand Coulee Dam project. | A bill to provide for equitable compensation of the Spokane Tribe of Indians of the Spokane Reservation in settlement of claims of the Tribe concerning the contribution of the Tribe to the production of hydropower by the Grand Coulee Dam, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deep Water Outfall Treatment Systems
Act of 1996''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) States that are insular areas, including the
territories of the United States, have geographical,
geological, and marine characteristics and island environments.
(2) The Federal Water Pollution Control Act should,
consistent with the environmental goals of the Act, be
administered with sufficient flexibility to take into
consideration the unique characteristics of such States.
(3) Scientific evidence has demonstrated that some deep
water outfall water treatment systems can protect marine
environments as effectively as secondary waste water treatment
systems.
(4) Deep water outfalls can promote the environmental goals
of the Federal Water Pollution Control Act more cost
effectively than secondary treatment.
(5) The existing secondary treatment requirements of the
Federal Water Pollution Control Act have yet to be fulfilled
because of the unreasonableness of some provisions as applied
to the States referred to in paragraph (1).
(6) Such States should be provided the opportunity to apply
for a secondary treatment waiver for new or proposed deep water
outfalls under the existing standards of the Federal Water
Pollution Control Act.
SEC. 3. PURPOSE.
The purpose of this Act is to allow certain States, including each
territory of the United States, to apply for a waiver under section
301(h) of the Federal Water Pollution Control Act that would allow the
State to construct deep water outfalls and to meet the effluent
standards of the Federal Water Pollution Control Act more effectively,
efficiently, and expeditiously.
SEC. 4. WAIVERS FOR DEEP WATER OUTFALLS IN ELIGIBLE STATES.
Section 301 of the Federal Water Pollution Control Act (33 U.S.C.
1311) is amended by adding at the end the following:
``(q) Waivers For Deep Water Outfalls in Eligible States.--
``(1) Studies.--Not later than 3 months after the date of
the enactment of this subsection, an eligible State may
initiate, expand, or continue a study of the marine environment
of coastal areas to determine the feasibility of constructing a
deep water outfall for any of the publicly owned treatment
works in the eligible State that, on such date of enactment,
uses primary treatments and is not exempt from the requirements
of subsection (b)(1)(B). Such study may recommend one or more
technically feasible locations for a deep water outfall that
would have beneficial effects on the marine environment.
``(2) Application for modification.--Notwithstanding
subsection (j)(1)(A), not later than 18 months after the date
of the enactment of this subsection, an application may be
submitted for a modification pursuant to subsection (h) of the
requirements of subsection (b)(1)(B) by the owner of a publicly
owned treatment works in an eligible State at a location
recommended in a study conducted pursuant to paragraph (1).
``(3) Initial determination.--On or before the 90th day
after the date of submittal of an application for a
modification under paragraph (2), the Administrator shall issue
to the applicant a draft initial determination regarding the
modification.
``(4) Final determination.--On or before the 270th day
after the date of submittal of an application for a
modification under paragraph (2), the Administrator shall issue
a final determination regarding the modification.
``(5) Effectiveness.--If a modification is granted pursuant
to an application submitted under this subsection, such
modification shall be effective only if the new deepwater
outfall is operational on or before the date that is 5 years
after the date of the enactment of this subsection. In all
other aspects, such modification shall be effective for the
period applicable to all modifications granted under subsection
(h).
``(6) Pending applications.--The requirements of subsection
(b)(1)(B) shall not apply to the owner or operator of a
publicly owned treatment works in an eligible State that has
submitted an application for a modification under paragraph (2)
during the period beginning on the date of submission of the
application and ending on the date of a final determination
under paragraph (4).
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Eligible state.--The term `eligible State'
means a State that is an insular area and includes each
territory of the United States.
``(B) Territory of the united states.--The term
`territory of the United States' means all territories
and possessions of the United States, including the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Northern Mariana Islands.''. | Deep Water Outfall Treatment Systems Act of 1996 - Amends the Federal Water Pollution Control Act to authorize an eligible State to initiate, expand, or continue a study of the marine environment of coastal areas to determine the feasibility of constructing a deep water outfall for any publicly owned treatment work (POTW) that uses primary treatments and is not exempt from specified effluent limitations. Provides that such study may recommend one or more technically feasible locations for a deep water outfall that would have beneficial effects on the marine environment.
Sets forth provisions regarding applications for: (1) modification of secondary treatment requirements for certain POTWs by the owner in an eligible State at a location recommended in such a study; and (2) initial and final determinations regarding and effective periods of such modifications. Specifies that such requirements shall not apply to the POTW owner or operator in an eligible State that has submitted an application for a modification during the period beginning on the date of submission of the application and ending on the date of a final determination. | Deep Water Outfall Treatment Systems Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Competition in Foreign Commerce
Act''.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--Congress finds that--
(1) The United States makes substantial contributions and
provides significant funding for major international
development projects through the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the African
Development Fund, and other multilateral lending institutions.
(2) These international development projects are often
plagued with fraud, corruption, waste, inefficiency, and misuse
of funding.
(3) Fraud, corruption, waste, inefficiency, misuse, and
abuse are major impediments to competition in foreign commerce
throughout the world.
(4) Identifying these impediments after they occur is
inadequate and meaningless.
(5) Detection of impediments before they occur helps to
ensure that valuable United States resources contributed to
important international development projects are used
appropriately.
(6) Independent third-party procurement monitoring is an
important tool for detecting and preventing such impediments.
(7) Third-party procurement monitoring includes evaluations
of each stage of the procurement process and assures the
openness and transparency of the process.
(8) Improving transparency and openness in the procurement
process helps to minimize fraud, corruption, waste,
inefficiency, and other misuse of funding, and promotes
competition, thereby strengthening international trade and
foreign commerce.
(b) Purpose.--The purpose of this Act is to build on the excellent
progress associated with the Organization on Economic Development and
Cooperation Agreement on Bribery and Corruption, by requiring the use
of independent third-party procurement monitoring as part of the United
States participation in multilateral development banks and other
lending institutions and in the disbursement of nonhumanitarian foreign
assistance funds.
SEC. 3. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Appropriate committees.--The term ``appropriate
committees'' means the Committee on Commerce, Science, and
Technology of the Senate and the Committee on Commerce of the
House of Representatives.
(2) Independent third-party procurement monitoring.--The
term ``independent third-party procurement monitoring'' means a
program to--
(A) eliminate bias,
(B) promote transparency and open competition, and
(C) minimize fraud, corruption, waste,
inefficiency, and other misuse of funds,
in international procurement through independent evaluation of
the technical, financial, economic, and legal aspects of the
procurement process.
(3) Independent.--The term ``independent'' means that the
person monitoring the procurement process does not render any
paid services to private industry and is neither owned nor
controlled by any government or government agency.
(4) Each stage of procurement.--The term ``each stage of
procurement'' means the development and issuance of technical
specifications, bidding documents, evaluation reports, contract
preparation, and the delivery of goods and services.
(5) Multilateral development banks and other lending
institutions.--The term ``multilateral development banks and
other lending institutions'' means the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, and the
African Development Fund.
SEC. 4. REQUIREMENTS FOR FAIR COMPETITION IN FOREIGN COMMERCE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury shall transmit to
the President and to appropriate committees of Congress a strategic
plan for requiring the use of independent third-party procurement
monitoring and other international procurement reforms relating to the
United States participation in multilateral development banks and other
lending institutions.
(b) Strategic Plan.--The strategic plan shall include an
instruction by the Secretary of the Treasury to the United States
Executive Director of each multilateral development bank and lending
institution to use the voice and vote of the United States to oppose
the use of funds appropriated or made available by the United States
for any non-humanitarian assistance, until--
(1) the recipient international financial institution has
adopted an anticorruption plan that requires the use of
independent third-party procurement monitoring services and
ensures openness and transparency in government procurement;
and
(2) the recipient country institutes specific strategies
for minimizing corruption and maximizing transparency in each
stage of the procurement process.
(c) Annual Reports.--Not later than June 29 of each year, the
Secretary of the Treasury shall report to Congress on the progress in
implementing procurement reforms made by each multilateral development
bank and lending institution and each country that received assistance
from a multilateral development bank or lending institution during the
preceding year.
(d) Restrictions on Assistance.--Notwithstanding any other
provision of law, no funds appropriated or made available for
nonhumanitarian foreign assistance programs, including the activities
of the Agency for International Development, may be expended for those
programs unless the recipient country, multilateral development bank or
lending institution has demonstrated that--
(1) procurement practices are open, transparent, and free
of corruption, fraud, inefficiency, and other misuse, and
(2) independent third-party procurement monitoring has been
adopted and is being used by the recipient.
SEC. 5. EXCEPTIONS.
(a) National Security Interest.--Section 4 shall not apply with
respect to a country if the President determines with such respect to
such country that making funds available is important to the national
security interest of the United States. Any such determination shall
cease to be effective 6 months after being made unless the President
determines that its continuation is important to the national security
interest of the United States.
(b) Other Exceptions.--Section 4 shall not apply with respect to
assistance to--
(1) meet urgent humanitarian needs (including providing
food, medicine, disaster, and refugee relief);
(2) facilitate democratic political reform and rule of law
activities;
(3) create private sector and nongovernmental organizations
that are independent of government control; and
(4) facilitate development of a free market economic
system. | Fair Competition in Foreign Commerce Act - Directs the Secretary of the Treasury to report to the President and to appropriate congressional committees on a strategic plan for requiring the use of independent third-party procurement monitoring and other international procurement reforms with respect to U.S. participation in multilateral development banks and other lending institutions. Requires such plan to include an instruction by the Secretary to the U.S. Executive Director of each multilateral development bank and lending institution to use the vote of the United States to oppose the use of funds appropriated or made available by the United States for any non- humanitarian assistance, until: (1) the recipient international financial institution has adopted an anticorruption plan that requires the use of independent third-party procurement monitoring services and ensures openness and transparency in government procurement; and (2) the recipient country institutes specific strategies for minimizing corruption and maximizing transparency in each stage of the procurement process.
Prohibits the use of funds for nonhumanitarian foreign assistance programs (including Agency for International Development (AID) activities) unless the recipient country, multilateral development bank or lending institution has demonstrated that: (1) procurement practices are open, transparent, and free of corruption, fraud, inefficiency, and other misuse; and (2) the recipient has adopted and is using independent third-party procurement monitoring.
Specifies exceptions to the requirements of this Act. | Foreign Competition in Foreign Commerce Act |
48 on January 23, 1991, by a
vote of 418-0, condemning ``the flagrant and deliberate
violations'' by Iraq resulting in the brutal torture and
inhumane treatment of United States prisoners of war during
that war, and the Senate, also in response to the patent abuse
of the prisoners of war, passed Senate Concurrent Resolution 5
on January 24, 1991, by a vote of 99-0, demanding that ``Iraq
abide by the principles and the obligations of the Third Geneva
Convention concerning the treatment of prisoners of war . . .
.'' and condemning Iraq's failure to do so; subsequently, Iraq
ignored these resolutions of the Congress and continued to
brutally mistreat United States prisoners of war.
(9) Seventeen United States prisoners of war from the First
Gulf War and 37 of their family members have brought an
historic action in the United States District Court for the
District of Columbia against the Republic of Iraq, the Iraqi
Intelligence Service, and Saddam Hussein in his capacity as
President of the Republic of Iraq, for the brutal torture of
the prisoners of war while held by Iraq during the First Gulf
War. In this action--
(A) an entry of default was entered against
defendants on September 25, 2002; and
(B) the factual and legal submissions for a
judgment by the court, including detailed sworn
affidavits as to Iraq's brutal torture, were submitted
to the court on March 31, 2003.
Those sworn affidavits show shocking brutality directed against
the United States prisoners of war by Iraq.
(10) The Congress determined, in enacting section
1605(a)(7) of title 28, United States Code, permitting suit
against terrorist states for personal injury or death caused by
an act of torture, which was the legal basis for this historic
action against Iraq by the tortured United States prisoners of
war, that substantial civil damages are an important additional
deterrent against such acts of torture directed against
nationals of the United States.
(11) The Republic of Iraq and its agencies,
instrumentalities, and controlled entities had approximately
$1,730,000,000 in blocked assets in the United States at the
start of the Second Gulf War.
(12) Those assets were vested by the Executive Order 13290
of March 20, 2003, for the purpose of assisting in the
reconstruction of Iraq.
(13) Approximately $300,000,000 of the blocked assets were
initially set aside for the satisfaction of civil judgments
obtained by United States hostages held in Iraq during the
First Gulf War, but no amount of the blocked assets was set
aside for those plaintiffs who were United States prisoners of
war and who, at that time, already had an entry of default
against Iraq.
(14) The plaintiffs in the historic case against Saddam
Hussein and Iraq who were United States prisoners of war have
established a nonprofit Foundation for the assistance of United
States and Allied prisoners of war and those missing in action
and their families, and have pledged to the court that a
substantial amount of any noncompensatory damages realized from
the case will be donated to the new Foundation.
(15) The Republic of Iraq has great national wealth, with
proven oil reserves of at least 110,000,000,000 barrels, second
only to Saudi Arabia, and 3 times those of the United States,
and when its reserves are fully developed they may even exceed
those of Saudi Arabia.
(16) Other nations have not absolved Iraq of its state
obligations under the Third Geneva Convention arising from the
First Gulf War and other sources, and the torture and inhuman
treatment of United States prisoners of war during the First
Gulf War are, in any event, a ``non-absolvable liability'' of
the state of Iraq.
(17) Iraq has not accounted for one of the United States
prisoners of war held by Iraq during the First Gulf War.
(18) In the Second Gulf War, Iraq is in violation of the
Third Geneva Convention by subjecting United States prisoners
of war to coerced propaganda videotapes, and there are
disturbing reports of the willful killing and mistreatment of
United States prisoners of war by Iraq, violations condemned in
Senate Concurrent Resolution 31, which passed on April 9, 2003,
by a vote of 99-0, and in House Concurrent Resolution 118,
which passed on March 27, 2003, by a vote of 419-0.
(19) The United States has a critical national interest in
ensuring the protection of United States prisoners of war,
enhancing compliance with the Third Geneva Convention, and in
taking immediate decisive action that could contribute to the
protection of United States prisoners of war.
SEC. 3. POLICY REGARDING PERSONS.
(a) Policy.--It is the policy of the United States, in accordance
with article 129 of the Third Geneva Convention, to search out and try
before its courts persons alleged to have committed, or to have ordered
to be committed, grave breaches of the Third Geneva Convention against
United States prisoners of war, including willful killing, torture, and
inhumane treatment.
(b) Implementation.--The United States will vigorously implement
the policy set forth in subsection (a) toward those persons who have
mistreated United States prisoners of war during the First and Second
Gulf Wars, including those in the Iraqi Government who have ordered or
carried out any such mistreatment.
SEC. 4. POLICIES REGARDING COUNTRIES.
(a) Policy.--It is the policy of the United States, in accordance
with article 131 of the Third Geneva Convention, to hold liable
countries that commit grave breaches against United States prisoners of
war, including willful killing, torture, and inhumane treatment. As a
High Contracting Party to the Third Geneva Convention, the United
States will not absolve such states of any such liability.
(b) Payment of Claims.--In carrying out the policy set forth in
subsection (a), the Secretary of the Treasury, at the request of the
plaintiffs, shall pay from the Treasury, in full, but in an amount not
exceeding the sum of those blocked funds of Iraq and its agencies,
instrumentalities, and controlled entities that were vested by
Executive Order 13290 of March 20, 2003, for the purpose of assisting
in the reconstruction of Iraq, any judgment in Civil Action No. 02-0632
in the United States District Court for the District of Columbia
brought by United States prisoners of war and their family members
against the Republic of Iraq, the Iraqi Intelligence Service, and
Saddam Hussein in his capacity as President of the Republic of Iraq,
for the brutal torture of those United States prisoners of war during
the First Gulf War. The United States shall be fully subrogated against
the Republic of Iraq for payments made under this subsection.
SEC. 5. POLICY WITH RESPECT TO PRISONERS OF WAR IN SECOND GULF WAR.
If, following the Second Gulf War, it becomes evident that United
States prisoners of war have been killed, tortured, or mistreated
during that war, or that the unaccounted for United States prisoner of
war from the First Gulf War was killed or tortured by Iraq, it shall be
the policy of the United States to support the claims of those United
States prisoners of war and their immediate family members against the
Republic of Iraq, for resolution on the basis of the same policy as is
set forth in section 4.
SEC. 6. DEFINITION.
In this Act, the term ``Third Geneva Convention'' means the Geneva
Convention of 1949 relative to the Treatment of Prisoners of War. | Prisoner of War Protection Act of 2003 - Declares it is U.S. policy to: (1) search out and try in U.S. courts any persons who have mistreated (including willfully killing, torturing, or treating inhumanely) U.S. prisoners of war during the First and Second Gulf Wars; and (2) hold liable countries that commit grave breaches of the Third Geneva Convention against U.S. prisoners of war, including willful killing, torture, and inhumane treatment.
Directs the Secretary of the Treasury, at the request of the plaintiff, to pay from the Treasury, but not exceeding the sum of Iraqi blocked funds that were vested by Executive Order 13290 of March 20, 2003, any judgment in Civil Action No. 02-0632 in the U.S. District Court for the District of Columbia brought by U.S. prisoners of war and their families against the Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein for the brutal torture of them during the First Gulf War.
Declares that it shall be U.S. policy to support the claims of U.S. prisoners of war and their families against the Republic of Iraq if, following the Second Gulf War, it becomes evident that U.S. prisoners of war have been killed, tortured, or mistreated during that war, or that the unaccounted-or U.S. prisoner of war from the First Gulf War was killed or tortured by Iraq. | To provide for the payment of claims of United States prisoners of war in the First Gulf War, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Market Access and Export
Opportunities Act of 1997''.
SEC. 2. STATEMENT OF PURPOSE.
It is the purpose of this Act--
(1) to authorize the President of the United States to
raise tariffs on imports from the People's Republic of China to
tariff levels in effect on December 31, 1994, if the President
determines, 6 months after the date of the enactment of this
Act, that the People's Republic of China is either denying
adequate trade benefits to the United States or not taking
steps to become a full member of the World Trade Organization;
(2) to provide a significant incentive for the People's
Republic of China to gain admission to the World Trade
Organization by eliminating the annual review of China's trade
status after it commits to a commercially acceptable protocol
and is admitted to the World Trade Organization; and
(3) therefore to enhance the ability of the President of
the United States to negotiate a commercially acceptable World
Trade Organization protocol with the People's Republic of
China.
SEC. 3. SNAP-BACK MECHANISM.
(a) Determination With Respect to the People's Republic of China.--
After the enactment of this Act, the President shall, after consulting
with the appropriate congressional committees, determine whether or not
the People's Republic of China is--
(1) according adequate trade benefits to the United States,
including substantially equal competitive opportunities for the
commerce of the United States; and
(2) taking adequate steps or making significant proposals
to become a WTO member.
(b) Submission of Findings.--Not later than 180 days after the date
of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report setting forth his
determinations under paragraphs (1) and (2) of subsection (a), with a
rationale for each determination.
(c) Tariff Increase.--
(1) Imposition of increase.--If the President determines
either--
(A) under paragraph (1) of subsection (a) that the
People's Republic of China is not according adequate
trade benefits to the United States, or
(B) under paragraph (2) of subsection (a) that the
People's Republic of China is not taking adequate steps
or making significant proposals to become a WTO member,
then the President shall proclaim, within 180 days after the
date of that determination, an increase in the rate of duty
with respect to 1 or more products of that country to not more
than the column 1 rate of duty under the Harmonized Tariff
Schedule of the United States that applied to the article or
articles on December 31, 1994.
(2) Termination of increase.--The President shall terminate
any increase in the rate of duty imposed under paragraph (1) on
the earlier of--
(A) the date on which the People's Republic of
China becomes a WTO member; or
(B) the date on which the President proclaims
that--
(i) the People's Republic of China is
according adequate trade benefits to the United
States, including substantially equal
competitive opportunities for the commerce of
the United States; and
(ii) the People's Republic of China is
taking adequate steps or making significant
proposals to become a WTO member.
(3) Modification of tariff.--The President may modify any
increase in the rate of duty imposed under paragraph (1) if the
President notifies the appropriate congressional committees of
the modification and the reasons therefor, except that--
(A) the modification may not result in a rate of
duty higher than that permitted under paragraph (1);
and
(B) the authority of this paragraph may not be used
to terminate an increase in the rate of duty imposed
under paragraph (1).
SEC. 4. ACCESSION TO THE WORLD TRADE ORGANIZATION.
On the date on which the People's Republic of China becomes a WTO
member, the provisions of title IV of the Trade Act of 1974 shall cease
to apply to that country, and nondiscriminatory treatment shall apply
to the products of that country.
SEC. 5. DEFINITION.
As used in this Act, the term ``WTO member'' has the meaning given
that term in section 2(10) of the Uruguay Round Agreements Act (19
U.S.C. 3501(10)). | China Market Access and Export Opportunities Act of 1997 - Directs the President to increase the rate of duty with respect to one or more products of China if it is determined that China is not: (1) according adequate trade benefits to the United States; or (2) taking adequate steps or making significant proposals to become a World Trade Organization (WTO) member. Grants, upon China's accession to the WTO, nondiscriminatory treatment (most-favored-nation) treatment to Chinese products. | China Market Access and Export Opportunities Act of 1997 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native American
Housing Assistance and Self-Determination Act Amendments of 2000''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Restriction on waiver authority.
Sec. 3. Assistance to families that are not low-income.
Sec. 4. Elimination of waiver authority for small tribes.
Sec. 5. Labor standards.
Sec. 6. Environmental compliance.
Sec. 7. Oversight.
Sec. 8. Allocation formula.
Sec. 9. Hearing requirement.
Sec. 10. Performance agreement time limit.
Sec. 11. Technical and conforming amendments.
SEC 2. RESTRICTION ON WAIVER AUTHORITY.
(a) In General.--Section 101(b)(2) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111(b)(2)) is
amended by striking ``if the Secretary'' and all that follows through
the period at the end and inserting the following: ``for a period of
not more than 90 days, if the Secretary determines that an Indian tribe
has not complied with, or is unable to comply with, those requirements
due to exigent circumstances beyond the control of the Indian tribe.''.
(b) Local Cooperation Agreement.--Section 101(c) of the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4111(c)) is amended by adding at the end the following: ``The
Secretary may waive the requirements of this subsection and subsection
(d) if the recipient has made a good faith effort to fulfill the
requirements of this subsection and subsection (d) and agrees to make
payments in lieu of taxes to the appropriate taxing authority in an
amount consistent with the requirements of subsection (d)(2) until such
time as the matter of making such payments has been resolved in
accordance with subsection (d).''.
SEC. 3. ASSISTANCE TO FAMILIES THAT ARE NOT LOW-INCOME.
Section 102(c) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112(c)) is amended by adding at
the end the following:
``(6) Certain families.--With respect to assistance
provided by a recipient to Indian families that are not low-
income families under section 201(b)(2), evidence that there is
a need for housing for each such family during that period that
cannot reasonably be met without such assistance.''.
SEC. 4. ELIMINATION OF WAIVER AUTHORITY FOR SMALL TRIBES.
Section 102 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
SEC. 5. LABOR STANDARDS.
Section 104(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4114(b)) is amended--
(1) by striking ``Davis-Bacon Act (40 U.S.C. 276a-276a-5)''
and inserting ``Act of March 3, 1931 (commonly known as the
`Davis-Bacon Act') (46 Stat. 1494, chapter 411; 40 U.S.C. 276a
et seq.)''; and
(2) by adding at the end the following:
``(3) Application of tribal laws.--Paragraph (1) shall not
apply to any contract or agreement for assistance, sale, or
lease pursuant to this Act, if such contract or agreement is
otherwise covered by 1 or more laws or regulations adopted by
an Indian tribe that requires the payment of not less than
prevailing wages, as determined by the Indian tribe.''.
SEC. 6. ENVIRONMENTAL COMPLIANCE.
Section 105 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4115) is amended by adding at the
end the following:
``(d) Environmental Compliance.--The Secretary may waive the
requirements under this section if the Secretary determines that a
failure on the part of a recipient to comply with provisions of this
section--
``(1) will not frustrate the goals of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) or
any other provision of law that furthers the goals of that Act;
``(2) does not threaten the health or safety of the
community involved by posing an immediate or long-term hazard
to residents of that community;
``(3) is a result of inadvertent error, including an
incorrect or incomplete certification provided under subsection
(c)(1); and
``(4) may be corrected through the sole action of the
recipient.''.
SEC. 7. OVERSIGHT.
(a) Repayment.--Section 209 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4139) is
amended to read as follows:
``SEC. 209. NONCOMPLIANCE WITH AFFORDABLE HOUSING REQUIREMENT.
``If a recipient uses grant amounts to provide affordable housing
under this title, and at any time during the useful life of the housing
the recipient does not comply with the requirement under section
205(a)(2), the Secretary shall take appropriate action under section
401(a).''.
(b) Audits and Reviews.--Section 405 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4165) is
amended to read as follows:
``SEC. 405. REVIEW AND AUDIT BY SECRETARY.
``(a) Requirements Under Chapter 75 of Title 31, United States
Code.--An entity designated by an Indian tribe as a housing entity
shall be treated, for purposes of chapter 75 of title 31, United States
Code, as a non-Federal entity that is subject to the audit requirements
that apply to non-Federal entities under that chapter.
``(b) Additional Reviews and Audits.--
``(1) In general.--In addition to any audit or review under
subsection (a), to the extent the Secretary determines such
action to be appropriate, the Secretary may conduct an audit or
review of a recipient in order to--
``(A) determine whether the recipient--
``(i) has carried out--
``(I) eligible activities in a
timely manner; and
``(II) eligible activities and
certification in accordance with this
Act and other applicable law;
``(ii) has a continuing capacity to carry
out eligible activities in a timely manner; and
``(iii) is in compliance with the Indian
housing plan of the recipient; and
``(B) verify the accuracy of information contained
in any performance report submitted by the recipient
under section 404.
``(2) Onsite visits.--To the extent practicable, the
reviews and audits conducted under this subsection shall
include onsite visits by the appropriate official of the
Department of Housing and Urban Development.
``(c) Review of Reports.--
``(1) In general.--The Secretary shall provide each
recipient that is the subject of a report made by the Secretary
under this section notice that the recipient may review and
comment on the report during a period of not less than 30 days
after the date on which notice is issued under this paragraph.
``(2) Public availability.--After taking into consideration
any comments of the recipient under paragraph (1), the
Secretary--
``(A) may revise the report; and
``(B) not later than 30 days after the date on
which those comments are received, shall make the
comments and the report (with any revisions made under
subparagraph (A)) readily available to the public.
``(d) Effect of Reviews.--Subject to section 401(a), after
reviewing the reports and audits relating to a recipient that are
submitted to the Secretary under this section, the Secretary may adjust
the amount of a grant made to a recipient under this Act in accordance
with the findings of the Secretary with respect to those reports and
audits.''.
SEC. 8. ALLOCATION FORMULA.
Section 302(d)(1) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4152(d)(1)) is amended--
(1) by striking ``The formula,'' and inserting the
following:
``(A) In general.--Except with respect to an Indian
tribe described in subparagraph (B), the formula''; and
(2) by adding at the end the following:
``(B) Certain indian tribes.--With respect to
fiscal year 2000 and each fiscal year thereafter, for
any Indian tribe with an Indian housing authority that
owns or operates fewer than 250 public housing units,
the formula under subparagraph (A) shall provide that
if the amount provided for a fiscal year in which the
total amount made available for assistance under this
Act is equal to or greater than the amount made
available for fiscal year 1996 for assistance for the
operation and modernization of the public housing
referred to in subparagraph (A), then the amount
provided to that Indian tribe as modernization
assistance shall be equal to the average annual amount
of funds provided to the Indian tribe (other than funds
provided as emergency assistance) under the assistance
program under section 14 of the United States Housing
Act of 1937 (42 U.S.C. 1437l) for the period beginning
with fiscal year 1992 and ending with fiscal year
1997.''.
SEC. 9. HEARING REQUIREMENT.
Section 401(a) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(a)) is amended--
(1) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting each
such subparagraph 2 ems to the right;
(2) by striking ``Except as provided'' and inserting the
following:
``(1) In general.--Except as provided'';
(3) by striking ``If the Secretary takes an action under
paragraph (1), (2), or (3)'' and inserting the following:
``(2) Continuance of actions.--If the Secretary takes an
action under subparagraph (A), (B), or (C) of paragraph (1)'';
and
(4) by adding at the end the following:
``(3) Exception for certain actions.--
``(A) In general.--Notwithstanding any other
provision of this subsection, if the Secretary makes a
determination that the failure of a recipient of
assistance under this Act to comply substantially with
any material provision (as that term is defined by the
Secretary) of this Act is resulting, and would continue
to result, in a continuing expenditure of Federal funds
in a manner that is not authorized by law, the
Secretary may take an action described in paragraph
(1)(C) before conducting a hearing.
``(B) Procedural requirement.--If the Secretary
takes an action described in subparagraph (A), the
Secretary shall--
``(i) provide notice to the recipient at
the time that the Secretary takes that action;
and
``(ii) conduct a hearing not later than 60
days after the date on which the Secretary
provides notice under clause (i).
``(C) Determination.--Upon completion of a hearing
under this paragraph, the Secretary shall make a
determination regarding whether to continue taking the
action that is the subject of the hearing, or take
another action under this subsection.''.
SEC. 10. PERFORMANCE AGREEMENT TIME LIMIT.
Section 401(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4161(b)) is amended--
(1) by striking ``If the Secretary'' and inserting the
following:
``(1) In general.--If the Secretary'';
(2) by striking ``(1) is not'' and inserting the following:
``(A) is not'';
(3) by striking ``(2) is a result'' and inserting the
following:
``(B) is a result'';
(4) in the flush material following paragraph (1)(B), as
redesignated by paragraph (3) of this section--
(A) by adjusting the margin 2 ems to the right; and
(B) by inserting before the period at the end the
following: ``, if the recipient enters into a
performance agreement with the Secretary that specifies
the compliance objectives that the recipient will be
required to achieve by the termination date of the
performance agreement''; and
(5) by adding at the end the following:
``(2) Performance agreement.--The period of a performance
agreement described in paragraph (1) shall be for 1 year.
``(3) Review.--Upon the termination of a performance
agreement entered into under paragraph (1), the Secretary shall
review the performance of the recipient that is a party to the
agreement.
``(4) Effect of review.--If, on the basis of a review under
paragraph (3), the Secretary determines that the recipient--
``(A) has made a good faith effort to meet the
compliance objectives specified in the agreement, the
Secretary may enter into an additional performance
agreement for the period specified in paragraph (2);
and
``(B) has failed to make a good faith effort to
meet applicable compliance objectives, the Secretary
shall determine the recipient to have failed to comply
substantially with this Act, and the recipient shall be
subject to an action under subsection (a).''.
SEC. 11. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Contents.--Section 1(b) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 note) is
amended in the table of contents--
(1) by striking the item relating to section 206; and
(2) by striking the item relating to section 209 and
inserting the following:
``209. Noncompliance with affordable housing requirement.''.
(b) Certification of Compliance With Subsidy Layering
Requirements.--Section 206 of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4136) is repealed.
(c) Terminations.--Section 502(a) of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181(a)) is
amended by adding at the end the following: ``Any housing that is the
subject of a contract for tenant-based assistance between the Secretary
and an Indian housing authority that is terminated under this section
shall, for the following fiscal year and each fiscal year thereafter,
be considered to be a dwelling unit under section 302(b)(1).''.
Passed the Senate February 28, 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 11) Amends NAHASDA to repeal the requirement regarding the certification of compliance with subsidy layering requirements with respect to housing assisted with grant amounts provided under the Act. | Native American Housing Assistance and Self-Determination Act Amendments of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toxic Flame Retardant Prohibition
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chemicals known as brominated flame retardants are
widely used throughout the United States. To meet stringent
fire standards, manufacturers add brominated flame retardants
to a multitude of products, including plastics used in
televisions, and foam and textiles used in furniture.
(2) While flame retardants make a valuable contribution to
fire safety, it is imperative to understand the potential
effects on human health and the environment that their use
brings.
(3) Initial studies indicate that pentabrominated diphenyl
ethers and octabrominated diphenyl ethers, which are
subcategories of brominated flame retardants, disrupt thyroid
hormone balance and contribute to a variety of developmental
deficits, including low intelligence and learning disabilities
in laboratory animals.
(4) In particular, it is recognized that there is a high
level of public concern over scientific findings of certain
polybrominated diphenyl ethers in the environment and in human
breast milk. Certain polybrominated diphenyl ethers have
increased 40-fold in human breast milk since the 1970s.
Chemicals found in breast milk are somewhat reflective of the
chemicals found throughout the body of those tested, including
in a fetus.
(5) The American Academy of Pediatrics strongly recommends
breastfeeding despite potential exposure to toxic chemicals, as
breast milk helps protect infants against certain diseases and
infections. In addition, several studies point to the
improvement of cognitive development in children who
breastfeed.
(6) The State of California and several countries have
phased out products containing pentabrominated diphenyl ethers
and octabrominated diphenyl ethers in order to protect human
health and the environment.
(7) To improve the end-of-life management of articles made
with polybrominated diphenyl ethers, a tracking and labeling
system should be incorporated in the manufacturing, processing,
and distribution of products containing pentabrominated
diphenyl ethers, octabrominated diphenyl ethers, or
decabrominated diphenyl ethers.
SEC. 3. PROHIBITION.
(a) Amendment.--Section 15 of the Toxic Substances Control Act (15
U.S.C. 2614) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) manufacture, process, or distribute in commerce a
product, or a flame-retarded part of a product, containing more
than 1 percent of pentabrominated diphenyl ethers or
octabrominated diphenyl ethers by mass.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 2 years after the date of enactment of this Act.
SEC. 4. REGULATION.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended by adding at the end the following new subsection:
``(f) Polybrominated Diphenyl Ethers.--
``(1) Determination and identification of precursors.--The
Administrator shall determine whether pentabrominated diphenyl
ethers or octabrominated diphenyl ethers are formed in the
environment as a result of chemical degradation of any other
material, and shall identify any such precursors that are found
to exist.
``(2) Phase out.--If the Administrator identifies any
precursor under paragraph (1), the Administrator shall take
appropriate actions under this section or section 5 to ensure
that products and processes that introduce such precursor into
the environment are phased out within 3 years after the date of
enactment of this subsection, unless the Administrator finds
that to do so would endanger human health and the environment.
``(3) Labeling requirement.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall issue regulations requiring any product containing
pentabrominated diphenyl ethers, octabrominated diphenyl
ethers, or decabrominated diphenyl ethers, that is manufactured
18 months or more after the date of enactment of this
subsection to bear a label that meets--
``(A) the requirements of standard ISO 11469,
subsection 1043-4, established by the International
Organization for Standardization, as in effect on the
date of enactment of this subsection, including
subsequent revisions thereto that have been certified
by the Administrator; or
``(B) alternative requirements that the
Administrator certifies convey the same information as
is required under subparagraph (A).''. | Toxic Flame Retardant Prohibition Act - Amends the Toxic Substances Control Act to prohibit the manufacture, processing, or distribution in commerce of a product, or a flame-retarded part of a product, containing more than one percent of pentabrominated diphenyl ethers or octabrominated diphenyl ethers by mass.
Requires the Administrator of the Environmental Protection Agency to: (1) determine whether pentabrominated diphenyl ethers or octabrominated diphenyl ethers are formed in the environment as the result of chemical degradation of other materials and to identify any such precursors; (2) take appropriate action to ensure that products and processes that introduce identified precursors into the environment are phased out within three years of enactment of this Act, unless doing so would endanger human health and the environment; and (3) issue regulations requiring any product containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers that is manufactured 18 months or more after enactment of this Act to bear a label that meets specified requirements. | To prohibit the manufacture, processing, or distribution in commerce of pentabrominated diphenyl ethers and octabrominated diphenyl ethers, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oceans Act of 1998''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the
Commission on Ocean Policy established under section 4.
(2) Coastal state.--The term ``coastal State'' means a
State in, or bordering on, the Atlantic, Pacific, or Arctic
Ocean, the Gulf of Mexico, Long Island Sound, or one or more of
the Great Lakes.
(3) Marine environment.--The term ``marine environment''
includes--
(A) the oceans, including coastal and offshore
waters and nearshore saltwater estuaries;
(B) the continental shelf; and
(C) the Great Lakes.
(4) Ocean and coastal activities.--The term ``ocean and
coastal activities'' includes activities consisting of,
affecting, or otherwise related to oceanography, fisheries, or
the management or use of any ocean and coastal resource. The
term does not include military operations and training.
(5) Ocean and coastal resource.--The term ``ocean and
coastal resource'' means any living or nonliving natural,
historic, or cultural resource or mineral found in the marine
environment.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
SEC. 3. EXECUTIVE RESPONSIBILITIES.
(a) National Ocean and Coastal Policy.--The Congress and the
President, after receiving and considering the report of the Commission
under section 4, shall develop and propose a coordinated,
comprehensive, and long-range national policy for the responsible use
and stewardship of ocean and coastal resources for the benefit of the
United States, including a plan to meet the resource monitoring and
assessment facilities and equipment requirements of Federal ocean and
coastal programs.
(b) Biennial Report.--Beginning in January 1999, the President
shall transmit to the Congress biennially a report that shall include a
detailed listing of all existing Federal programs relating to ocean and
coastal activities, including a description of each program, the
current funding for the program, and a projection of the funding level
for the program for each of the following 5 fiscal years.
(c) Budget Coordination.--Each agency or department involved in
ocean and coastal activities shall include with its annual request for
appropriations a report that identifies significant elements of the
proposed agency or department budget relating to ocean and coastal
activities.
(d) Cooperation and Consultation.--In carrying out responsibilities
under this Act, the President--
(1) may use such staff, interagency, and advisory
arrangements as the President finds necessary and appropriate;
and
(2) shall consult with State and local governments and non-
Federal organizations and individuals involved in ocean and
coastal activities.
SEC. 4. COMMISSION ON OCEAN POLICY.
(a) Establishment.--
(1) In general.--There is hereby established the Commission
on Ocean Policy.
(2) Membership.--(A) The Commission shall be composed of 16
members appointed by the President from among individuals who
are knowledgeable in ocean and coastal activities, including
individuals representing State and local governments, ocean-
related industries, academic and technical institutions, and
public interest organizations involved with scientific,
regulatory, economic, and environmental ocean and coastal
activities. The membership of the Commission shall be balanced
geographically to the extent consistent with maintaining the
highest level of expertise on the Commission.
(B) Of the members of the Commission appointed under this
paragraph--
(i) 4 shall be appointed from a list of 8
individuals who shall be recommended by the majority
leader of the Senate in consultation with the Chairman
of the Senate Committee on Commerce, Science, and
Transportation;
(ii) 4 shall be appointed from a list of 8
individuals who shall be recommended by the Speaker of
the House of Representatives in consultation with the
Chairmen of the Committee on Resources, Transportation
and Infrastructure, and Science;
(iii) 2 shall be appointed from a list of 4
individuals who shall be recommended by the minority
leader of the Senate in consultation with the ranking
member of the Senate Committee on Commerce, Science,
and Transportation; and
(iv) 2 shall be appointed from a list of 4
individuals who shall be recommended by the by the
minority leader of the House of Representatives in
consultation with the ranking members of the Committees
on Resources, Transportation and Infrastructure, and
Science.
(C) The members of the Commission shall be appointed for
the life of the Commission by not later than 90 days after the
date of the enactment of this Act.
(3) First meeting.--The Commission shall hold its first
meeting within 30 days after it is established.
(4) Chairman.--The Commission shall elect one of its
members as Chair.
(b) Report.--
(1) In general.--The Commission shall submit to the
Congress and the President, by not later than 18 months after
the date of the establishment of the Commission, a final report
of its findings and recommendations regarding United States
ocean policy.
(2) Public and state review.--Before submitting the final
report to the Congress, the Commission shall--
(A) publish in the Federal Register a notice that
the draft report is available for public review; and
(B) provide a copy of the draft report to the
Governor of each coastal State, the Committees on
Resources, Transportation and Infrastructure, and
Science of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate.
(3) Final report contents, generally.--Subject to paragraph
(4), the final report of the Commission shall include
recommendations for the responsible use and stewardship of
ocean and coastal resources, including the following:
(A) Recommendations for any modifications to United
States laws and regulations, and the administrative
structure of the Executive agencies, that are necessary
to improve the understanding, management, and
conservation and use of, and access to, ocean and
coastal resources.
(B) An assessment of the condition and adequacy of
existing and planned facilities associated with ocean
and coastal activities, including human resources,
vessels, computers, satellites, and other appropriate
platforms and technologies, and recommendations for
investments and improvements in those facilities.
(C) A review of existing and planned ocean and
coastal activities of Federal entities, and
recommendations for changes in such activities
necessary to reduce duplication of Federal efforts.
(D) A review of the cumulative effect of Federal
laws and regulations on United States ocean policy, an
examination of those laws and regulations for
inconsistencies and contradictions that might adversely
affect the conduct of ocean and coastal activities, and
recommendations for resolving any such inconsistencies.
In particular, this portion of the report shall include
an examination of the relationship between the
fisheries development and fisheries conservation
responsibilities of the National Marine Fisheries
Service.
(E) A review of the known and anticipated supply of
and demand for ocean and coastal resources of the
United States.
(F) A review of the relationship between Federal,
State, and local governments and the private sector in
planning and carrying out ocean and coastal activities,
and recommendations for enhancing the role of State and
local governments.
(G) A review of opportunities for the development
of or investment in new products, technologies, or
markets related to ocean and coastal activities.
(H) A review of previous and ongoing State efforts
and Federal efforts to enhance the effectiveness and
integration of ocean activities, including those
occurring offshore and in nearshore saltwater
estuaries.
(4) State comments.--The Commission shall include in the
final report comments received from the Governor of any coastal
State regarding recommendations in the draft report that apply
to areas within the boundaries of that coastal State.
(5) Consideration of factors.--In making its assessments
and reviews and developing its recommendations, the Commission
shall give full and balanced consideration to environmental,
technical, economic, and other relevant factors, with an equal
opportunity for all parties to present a fair and reasonable
case for unbiased consideration by the Commission. All
recommendations should consider effects on private property. To
the greatest extent possible, no recommendations shall have a
negative impact on local economies that are dependent on ocean
and coastal resources. Any data used by the Commission in
making its recommendations for regulations shall be peer
reviewed.
(6) Limitation on recommendations.--The Commission shall
not make any specific recommendations with respect to lands and
waters within the boundary of any State located north of 51
degrees North latitude, or with respect to lands and waters
within the State of Idaho.
(c) Duties of the Chair.--In carrying out the provisions of this
section, the Chair of the Commission shall be responsible for--
(1) the assignment of duties and responsibilities among
staff personnel and their continuing supervision; and
(2) the use and expenditures of funds available to the
Commission.
(d) Compensation.--Members of the Commission shall, subject to the
availability of appropriations, when engaged in the actual performance
of duties of the Commission, receive reimbursement of travel expenses,
including per diem in lieu of subsistence as authorized for persons
employed intermittently in the Government service under section 3109 of
title 5, United States Code.
(e) Staff.--
(1) Executive director.--The Chair of the Commission may,
with the consent of the Commission and without regard to the
civil service laws and regulations, appoint and terminate an
executive director who is knowledgeable in administrative
management and ocean and coastal policy and such other
additional personnel as may be necessary to enable the
Commission to perform its duties.
(2) Compensation.--The executive director shall, subject to
the availability of appropriations, be compensated at a rate
not to exceed the rate payable for Level V of the Executive
Schedule under section 5316 of title 5, United States Code. The
Chairman may fix the compensation of other personnel without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for such personnel may not exceed
the rate payable for GS-15, step 7, of the General Schedule
under section 5332 of such title.
(3) Detailees.--Upon a request of the Chair of the
Commission made after consulting with the head of any Federal
agencies responsible for managing ocean and coastal resources,
the head of any such Federal agency may detail appropriate
personnel of the agency to the Commission to assist the
Commission in carrying out its functions under this Act.
Federal Government employees detailed to the Commission shall
serve without reimbursement from the Commission, and shall
retain the rights, status, and privileges of his or her regular
employment without interruption.
(4) Experts and consultants.--To the extent that funds are
available, and subject to such rules as may be prescribed by
the Commission, the executive director of the Commission may
procure the temporary and intermittent services of experts and
consultants in accordance with section 3109 of title 5, United
States Code, but at rates not to exceed the daily rate payable
for GS-15, step 7, of the General Schedule under section 5332
of title 5, United States Code.
(f) Administration.--
(1) Meetings.--All meetings of the Commission shall be open
to the public, except that a meeting or any portion of it may
be closed to the public if it concerns matters or information
described in section 552b(c) of title 5, United States Code.
Interested persons shall be permitted to appear at open
meetings and present written statements or oral statements at
the discretion of the Commission on the subject matter of the
meeting. The Commission may administer oaths or affirmations to
any person appearing before it.
(2) Notice of meetings.--All open meetings of the
Commission shall be preceded by timely public notice, including
notice in the Federal Register, of the time, place, and subject
of the meeting.
(3) Minutes and other records.--(A) Minutes of each meeting
shall be kept and shall contain a record of the people present,
a description of the discussion that occurred, and copies of
all statements filed. Subject to restrictions set forth in
section 552 of title 5, United States Code, the minutes and
records of all meetings and other documents that were made
available to or prepared for the Commission shall be available
for public inspection and copying at a single location in the
offices of the Commission.
(B) The Commission shall have at least one meeting in each
of the following 6 geographic regions of the United States:
(i) The Northeast.
(ii) The Southeast.
(iii) The Southwest.
(iv) The Northwest.
(v) The Great Lakes States.
(vi) The Gulf of Mexico States.
(g) Cooperation With Other Federal Entities.--
(1) Other federal agencies and departments.--The Commission
may secure directly from any Federal agency or department any
information it considers necessary to carry out its functions
under this Act. Each such agency or department may cooperate
with the Commission and, to the extent permitted by law,
furnish such information to the Commission, upon the request of
the Chair of the Commission.
(2) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as departments
and agencies of the United States.
(3) Acquisitions.--The Commission may enter into contracts
with Federal and State agencies, private firms, institutions,
and individuals to assist the Commission in carrying out its
duties. The Commission may purchase and contract without regard
to section 18 of the Office of Federal Procurement Policy Act
(41 U.S.C. 416) and section 8 of the Small Business Act (15
U.S.C. 637), pertaining to competition and publication
requirements, and may arrange for printing without regard to
the provisions of title 44, United States Code. The contracting
authority of the Commission under this Act is effective only to
the extent that appropriations are available for contracting
purposes.
(h) Termination.--The Commission shall cease to exist 30 days after
the date on which it submits its final report.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to support the activities of the Commission $2,000,000 for
fiscal year 1999 and $1,000,000 for fiscal year 2000. Any sums
appropriated may remain available without fiscal year limitation until
the Commission ceases to exist.
Passed the House of Representatives September 15, 1998.
Attest:
Clerk. | Oceans Act of 1998 - Requires that the Congress and the President, after considering the Commission report under this Act, develop a coordinated, comprehensive, and long-range national policy for the use and stewardship of ocean and coastal resources for the benefit of the United States, including a plan to meet the resource monitoring and assessment facilities and equipment requirements of Federal ocean and coastal programs. Mandates a biennial report by the President to the Congress listing all existing Federal programs relating to ocean and coastal activities. Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report identifying elements of its budget relating to ocean and coastal activities.
Establishes the Commission on Ocean Policy and requires it to report to the Congress and the President regarding U.S. ocean policy. Requires opening the draft report for public comment before submitting the final report. Prohibits Commission recommendations regarding lands and waters within: (1) the boundary of any State north of 51 degrees North latitude; or (2) the State of Idaho. Terminates the Commission after submission of its final report. Authorizes appropriations. | Oceans Act of 1998 |
SECTION 1. EVALUATION AND CONSOLIDATION OF DUPLICATIVE GREEN BUILDING
PROGRAMS WITHIN DEPARTMENT OF ENERGY.
(a) Definitions.--In this section:
(1) Administrative expenses.--
(A) In general.--The term ``administrative
expenses'' has the meaning given the term by the
Director of the Office of Management and Budget under
section 504(b)(2) of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (31
U.S.C. 1105 note; Public Law 111-85).
(B) Inclusions.--The term ``administrative
expenses'' includes, with respect to an agency--
(i) costs incurred by--
(I) the agency; or
(II) any grantee, subgrantee, or
other recipient of funds from a grant
program or other program administered
by the agency; and
(ii) expenses relating to personnel
salaries and benefits, property management,
travel, program management, promotion, reviews
and audits, case management, and communication
regarding, promotion of, and outreach for
programs and program activities administered by
the agency.
(2) Applicable program.--The term ``applicable program''
means any program that is--
(A) listed in Table 9 (pages 348-350) of the report
of the Government Accountability Office entitled ``2012
Annual Report: Opportunities to Reduce Duplication,
Overlap and Fragmentation, Achieve Savings, and Enhance
Revenue''; and
(B) administered by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(4) Service.--
(A) In general.--Subject to subparagraph (B), the
term ``service'' has the meaning given the term by the
Director of the Office of Management and Budget.
(B) Requirements.--For purposes of subparagraph
(A), the term ``service'' shall be limited to
activities, assistance, or other aid that provides a
direct benefit to a recipient, such as--
(i) the provision of technical assistance;
(ii) assistance for housing or tuition; or
(iii) financial support (including grants,
loans, tax credits, and tax deductions).
(b) Report.--
(1) In general.--Not later than October 1, 2015, the
Secretary shall submit to Congress and make available on the
public Internet website of the Department of Energy a report
that describes the outcomes of all applicable programs.
(2) Requirements.--In preparing the report under paragraph
(1), the Secretary shall--
(A) determine the total administrative expenses of
each applicable program;
(B) determine the expenditures for services for
each applicable program;
(C) estimate the number of--
(i) clients served by each applicable
program; and
(ii) beneficiaries who received services
under the applicable program (if applicable);
(D) estimate--
(i) the number of full-time employees who
administer each applicable program; and
(ii) the number of full-time equivalents
(the salary of whom is paid in part or full by
the Federal Government through a grant or
contract, a subaward of a grant or contract, a
cooperative agreement, or another form of
financial award or assistance) who assist in
administering the applicable program;
(E) describe the type of services each applicable
program provides, such as grants, technical assistance,
loans, tax credits, or tax deductions;
(F) describe the type of recipient who benefits
from the services provided under the applicable
program, such as individual property owners or renters,
local governments, businesses, nonprofit organizations,
or State governments; and
(G) identify whether written program goals are
available for each applicable program.
(c) Recommendations.--Not later than January 1, 2016, the Secretary
shall submit to Congress a report that includes--
(1) an analysis of whether any applicable program should be
eliminated or consolidated, including any legislative changes
that would be necessary to eliminate or consolidate applicable
programs; and
(2) methods to improve the applicable programs by
establishing program goals or increasing collaboration to
reduce the overlap and duplication identified in--
(A) the 2011 report of the Government
Accountability Office entitled ``Federal Initiatives
for the NonFederal Sector Could Benefit from More
Interagency Collaboration''; and
(B) the report of the Government Accountability
Office entitled ``2012 Annual Report: Opportunities to
Reduce Duplication, Overlap and Fragmentation, Achieve
Savings, and Enhance Revenue''.
(d) Analyses.--Not later than January 1, 2016, the Secretary shall
identify--
(1) which applicable programs were specifically authorized
by Congress; and
(2) which applicable programs are carried out solely under
the discretionary authority of the Secretary. | This bill requires the Department of Energy (DOE) to report on and make public the outcomes of specified green building programs administered by DOE and listed in the Government Accountability Office's "2012 Annual Report: Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue." DOE must conduct an analysis of whether any of the programs should be eliminated or consolidated and report on methods to improve the programs. By January 1, 2016, DOE must identify which programs were specifically authorized by Congress and which are carried out solely under DOE's discretionary authority. | A bill to require the evaluation and consolidation of duplicative green building programs within the Department of Energy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe and Reliable Air Travel Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Sequestration is having a devastating effect on the
Nation's air traffic control system.
(2) Sequestration imposes a reduction in funding of $637
million on the Federal Aviation Administration (FAA) for the
remainder of fiscal year 2013.
(3) The FAA plans to furlough the vast majority of the
FAA's nearly 47,000 employees, including nearly 15,000 air
traffic controllers, for approximately one day during each two-
week pay period in order to comply with sequestration.
(4) The furloughs began on Sunday, April 21, 2013, and are
scheduled to continue through the end of the fiscal year on
September 30, 2013. Approximately 10 percent of the FAA's air
traffic controllers are expected to be on furlough on any given
day during this period.
(5) The furloughs are causing hundreds of flights to be
delayed, resulting in scheduling difficulties for airlines and
inconveniences for passengers.
(6) The FAA reported that approximately 400 flights were
delayed nationwide on April 21, 2013, as a result of the
furloughs.
(7) The FAA reported that more than 1,200 flights were
delayed nationwide on April 22, 2013, as a result of the
furloughs.
(8) More delays are expected in the coming months during
the peak summer travel season.
(9) The effects of multiple flight delays at airports
across the Nation can be compounded as delays at one airport
cause planes to arrive late at other airports and also cause
passengers to miss connecting flights.
(10) Air carriers operating in United States air space
transport more than 700 million passengers every year.
(11) Civil aviation accounts for 10 million jobs, is
responsible for more than 5 percent of the United States gross
domestic product, and contributes $1.3 trillion to the economy
every year.
(12) Businesses of all sizes depend upon a reliable
commercial air transportation system. Business travelers
account for millions of trips each month.
(13) Flight delays for business travelers interfere with
business plans and result in business meetings being delayed,
cancelled, or missed.
(14) Flight delays affecting the transportation of air
cargo also interfere with business.
(15) The Nation's economy depends upon a reliable
commercial air transportation system.
(16) The FAA also plans to close 149 air traffic control
towers at small airports across the Nation on June 15, 2013, in
order to comply with sequestration. Despite their size, these
airports are an important part of the Nation's air
transportation system and economy.
(17) Air traffic control is a critical government function
that is necessary to ensure the safety of air travel and the
flying public.
(18) Inadequate staffing of airport control towers poses a
serious threat to public safety.
(19) Without the service of experienced air traffic
controllers in all of the Nation's Federal air traffic control
towers, there is an increased risk of accidents involving
planes during departure, flight, and landing. Such accidents
could result in a tragic loss of life.
(20) The sequestration of funds associated with the
operation of air traffic control towers by the FAA interferes
with the safety, reliability, and efficiency of the Nation's
air transportation system.
(21) The operation of air traffic control towers by the
FAA, including the compensation paid to air traffic control
personnel employed by the FAA, should be exempted from
sequestration.
SEC. 3. EXEMPTION FROM SEQUESTRATION FOR OPERATION OF AIR TRAFFIC
CONTROL TOWERS.
(a) In General.--Section 255 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 905) is amended by adding at the
end the following new subsection:
``(k) Operation of Air Traffic Control Towers.--The following funds
shall be exempt from reduction under any order issued under this part:
``(1) Funds made available for the operation of air traffic
control towers by the Federal Aviation Administration,
including compensation paid to air traffic control personnel
employed by the Federal Aviation Administration.
``(2) Funds made available for the operation of contract
air traffic control towers under section 47124 of title 49,
United States Code.''.
(b) Effective Date.--The amendment made by section 1 shall apply to
the Presidential sequestration order for fiscal year 2013 issued under
section 251A of the Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 901a) and any subsequent sequestration order issued
under that Act. | Safe and Reliable Air Travel Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exempt from reduction, under any sequestration ordered by the President, funds made available for the operation of: (1) air traffic control towers by the Federal Aviation Administration (FAA), including compensation paid to FAA air traffic control personnel; and (2) contract air traffic control towers. | Safe and Reliable Air Travel Act of 2013 |
SECTION 1. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED SYSTEM OF
PREFERENCES.
(a) In General.--Section 505 of the Trade Act of 1974 (19 U.S.C.
2465) is amended by striking ``June 30, 1999'' and inserting ``June 30,
2004''.
(b) Effective Date.--
(1) In general.--The amendment made by this section applies
to articles entered on or after the date of the enactment of
this Act.
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) General rule.--Notwithstanding section 514 of
the Tariff Act of 1930 or any other provision of law,
and subject to paragraph (3), any entry--
(i) of an article to which duty-free
treatment under title V of the Trade Act of
1974 would have applied if such entry had been
made on June 30, 1999, and
(ii) that was made--
(I) after June 30, 1999, and
(II) before the date of enactment
of this Act,
shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any duty
paid with respect to such entry.
(B) Entry.--As used in this paragraph, the term
``entry'' includes a withdrawal from warehouse for
consumption.
(3) Requests.--Liquidation or reliquidation may be made
under paragraph (2) with respect to an entry only if a request
therefor is filed with the Customs Service, within 180 days
after the date of enactment of this Act, that contains
sufficient information to enable the Customs Service--
(A) to locate the entry, or
(B) to reconstruct the entry if it cannot be
located.
SEC. 2. ENTRY PROCEDURES FOR FOREIGN TRADE ZONE OPERATIONS.
(a) In General.--Section 484 of the Tariff Act of 1930 (19 U.S.C.
1484) is amended by adding at the end the following new subsection:
``(i) Special Rule For Foreign Trade Zone Operations.--
``(1) In general.--Notwithstanding any other provision of
law and except as provided in paragraph (3), all merchandise
(including merchandise of different classes, types, and
categories), withdrawn from a foreign trade zone during any 7-
day period, shall, at the option of the operator or user of the
zone, be the subject of a single estimated entry or release
filed on or before the first day of the 7-day period in which
the merchandise is to be withdrawn from the zone. The estimated
entry or release shall be treated as a single entry and a
single release of merchandise for purposes of section
13031(a)(9)(A) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)(A)) and all fee
exclusions and limitations of such section 13031 shall apply,
including the maximum and minimum fee amounts provided for
under subsection (b)(8)(A)(i) of such section. The entry
summary for the estimated entry or release shall cover only the
merchandise actually withdrawn from the foreign trade zone
during the 7-day period.
``(2) Other requirements.-- The Secretary of the Treasury
may require that the operator or user of the zone--
``(A) use an electronic data interchange approved
by the Customs Service--
``(i) to file the entries described in
paragraph (1); and
``(ii) to pay the applicable duties, fees,
and taxes with respect to the entries; and
``(B) satisfy the Customs Service that accounting,
transportation, and other controls over the merchandise
are adequate to protect the revenue and meet the
requirements of other Federal agencies.
``(3) Exception.--The provisions of paragraph (1) shall not
apply to merchandise the entry of which is prohibited by law or
merchandise for which the filing of an entry summary is
required before the merchandise is released from customs
custody.
``(4) Foreign trade zone; zone.--In this subsection, the
terms `foreign trade zone' and `zone' mean a zone established
pursuant to the Act of June 18, 1934, commonly known as the
Foreign Trade Zones Act (19 U.S.C. 81a et seq.).''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.
SEC. 3. MODIFICATION OF INSTALLMENT METHOD AND REPEAL OF INSTALLMENT
METHOD FOR ACCRUAL METHOD TAXPAYERS.
(a) Repeal of Installment Method for Accrual Basis Taxpayers.--
(1) In general.--Subsection (a) of section 453 of the
Internal Revenue Code of 1986 (relating to installment method)
is amended to read as follows:
``(a) Use of Installment Method.--
``(1) In general.--Except as otherwise provided in this
section, income from an installment sale shall be taken into
account for purposes of this title under the installment
method.
``(2) Accrual method taxpayer.--The installment method
shall not apply to income from an installment sale if such
income would be reported under an accrual method of accounting
without regard to this section. The preceding sentence shall
not apply to a disposition described in subparagraph (A) or (B)
of subsection (l)(2).''
(2) Conforming amendments.--Sections 453(d)(1), 453(i)(1),
and 453(k) of such Code are each amended by striking ``(a)''
each place it appears and inserting ``(a)(1)''.
(b) Modification of Pledge Rules.--Paragraph (4) of section 453A(d)
of the Internal Revenue Code of 1986 (relating to pledges, etc., of
installment obligations) is amended by adding at the end the following:
``A payment shall be treated as directly secured by an interest in an
installment obligation to the extent an arrangement allows the taxpayer
to satisfy all or a portion of the indebtedness with the installment
obligation.''
(c) Effective Date.--The amendments made by this section shall
apply to sales or other dispositions occurring on or after the date of
the enactment of this Act. | Provides, upon request filed with the Customs Service, for the liquidation or reliquidation (refund of duties) on entries of articles to which duty-free treatment under the Generalized System of Preferences would have applied if such entry had been made on June 30, 1999, and that was made after such date, but before enactment of this Act.
Amends the Tariff Act of 1930 to require, with a specified exception, merchandise (including merchandise of different classes, types, and categories) withdrawn from a foreign trade zone during any seven-day period to be treated upon entry (at the option of the operator or user of the zone) as a single entry and a single release of merchandise for purposes of customs user fees. Authorizes the Secretary of the Treasury to require an operator or user of the zone to use an electronic data interchange to file such entries and to pay such user fees.
Amends the Internal Revenue Code to prohibit, in general, the use of the installment method of accounting for accrual method dispositions. | An original bill to extend the Generalized System of Preferences. |
SECTION 1. REPORT ON ACTIONS TO ACHIEVE INTERNATIONAL COOPERATION IN
DEVELOPMENT OF THEATER MISSILE DEFENSES.
Not later than June 1, 1994, the Secretary of Defense shall submit
to Congress a report on steps that can be taken by the United States to
achieve greater cooperation from allies of the United States and
international organizations for the payment of the costs involved in
the development and production of Theater Missile Defense systems.
SEC. 2. FUNDING THEATER MISSILE DEFENSE PROGRAMS.
(a) Requirement for Annual Authorization of New Obligational
Authority for TMD Programs.--The Congress shall establish by law for
each fiscal year (beginning with fiscal year 1995) the level of new
obligational authority (stated as a single dollar amount) for research,
development, test, and evaluation and for procurement for Theater
Missile Defense programs of the Department of Defense for that fiscal
year.
(b) Limitation on United States Contribution for TMD Programs.--(1)
Not more than 80 percent of the amount established pursuant to
subsection (a) for any fiscal year may be provided from amounts
appropriated to the Department of Defense from the general fund of the
Treasury, and no appropriation may be made to the Department of Defense
for any fiscal year which would cause the total amount appropriated for
that fiscal year for research, development, test, and evaluation and
for procurement for Theater Missile Defense programs of the Department
of Defense to exceed 80 percent of such amount.
(2) Any additional funds for research, development, test, and
evaluation and for procurement for Theater Missile Defense programs for
any fiscal year for which an amount has been established pursuant to
subsection (a) shall be derived from the Theater Missile Defense
Cooperation Account under section 2610 of title 10, United States Code,
as added by section 3.
(3) The President may waive the limitation in paragraph (1) and the
requirement in paragraph (2) to the extent that the President
determines appropriate in the national security interest of the United
States.
(c) Policy Regarding Incremental Increases in Foreign Contributions
for TMD Programs.--It is the intent of Congress that, except as
provided in subsection (d), the percentage of the cost of the
development and production of Theater Missile Defense systems that is
borne by the United States should decrease incrementally, and the
percentage that is borne by allied nations and international
organizations should increase incrementally, over the fiscal years
after fiscal year 1995 so that the percentage actually borne by the
United States in later fiscal years is significantly less than the
maximum of 80 percent provided for under subsection (b).
(d) Exemption.--The financial contribution requirements established
for allied nations in the administration of this section shall not
apply to any foreign nation that, as of the date of the enactment of
this Act, is paying at least 20 percent of the total cost of the
contracts in existence under a theater missile defense interceptor
system program being carried out on such date in cooperation between
that foreign nation and the United States.
SEC. 3. THEATER MISSILE DEFENSE COOPERATION ACCOUNT.
(a) Establishment.--(1) Chapter 155 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 2610. Theater Missile Defense: acceptance of contributions from
allies; Theater Missile Defense Cooperation Account
``(a) Acceptance Authority.--The Secretary of Defense may accept
from any allied foreign government or any international organization
any contribution of money made by such foreign government or
international organization for use by the Department of Defense for
Theater Missile Defense programs.
``(b) Establishment of Theater Missile Defense Cooperation
Account.--(1) There is established in the Treasury a special account to
be known as the `Theater Missile Defense Cooperation Account'.
``(2) Contributions accepted by the Secretary of Defense under
subsection (a) shall be credited to the Account.
``(c) Use of the Account.--Funds in the Account are hereby made
available for obligation for research, development, test, and
evaluation, and for procurement, for Theater Missile Defense programs
of the Department of Defense, subject to annual limitations provided by
law in total obligations for such purpose.
``(d) Investment of Money.--(1) Upon request by the Secretary of
Defense, the Secretary of the Treasury may invest money in the Account
in securities of the United States or in securities guaranteed as to
principal and interest by the United States.
``(2) Any interest or other income that accrues from investment in
securities referred to in paragraph (1) shall be deposited to the
credit of the Account.
``(e) Notification of Conditions.--The Secretary of Defense shall
notify Congress of any condition imposed by the donor on the use of any
contribution accepted by the Secretary under the authority of this
section.
``(f) Reporting Requirement.--Not later than 30 days after the end
of each quarter of each fiscal year, the Secretary of Defense shall
submit to Congress a report on the contributions accepted by the
Secretary under this section during the preceding quarter.
``(g) Annual Audit by GAO.--The Comptroller General of the United
States shall conduct an annual audit of money accepted by the Secretary
of Defense under this section and shall submit a copy of the results of
each such audit to Congress.
``(h) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``2610. Theater Missile Defense: acceptance of contributions from
allies; Theater Missile Defense Cooperation
Account.''.
(b) Effective Date.--Section 2610 of title 10, United States Code,
as added by subsection (a), shall take effect on October 1, 1994. | Directs the Secretary of Defense, by June 1, 1994, to report to the Congress on steps that can be taken by the United States to achieve greater cooperation from U.S. allies and international organizations for the payment of the costs involved in the development and production of theater missile defense (TMD) systems.
Establishes the annual fiscal year obligational authority, beginning with FY 1995, for research, development, test, and evaluation and for procurement for TMD programs. Limits the annual U.S. contribution for TMD programs, with a waiver by the President for national security purposes.
States that the percentage of development and production costs of TMD systems borne by the United States should decrease incrementally for fiscal years after 1995.
Authorizes the Secretary to accept from such allies and organizations contributions for such costs. Establishes in the Treasury the Theater Missile Defense Cooperation Account. Requires: (1) the Secretary to report quarterly on any such contributions; and (2) the Comptroller General to conduct and report to the Congress on annual audits of money accepted. | A bill to achieve greater cooperation from allies of the United States and international organizations for the payment of the costs involved in the development and production of Theater Missile Defense systems; and to amend title 10, United States Code, to establish a Theater Missile Defense Cooperation Account. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Veterans Certification and
Licensure Act of 2006''.
SEC. 2. VETERANS ADVISORY COMMITTEE ON CERTIFICATION, CREDENTIALING,
AND LICENSURE.
(a) Establishment.--There is established within the Department of
Labor a committee to be known as the Veterans Advisory Committee on
Certification, Credentialing, and Licensure (hereinafter in this
section referred to as the ``Committee'').
(b) Duties.--The Committee shall establish and carry out a national
program to do the following:
(1) To facilitate the seamless transition of members of the
Armed Forces from serving on active duty to employment in the
private sector through credentialing.
(2) To collect and disseminate data on certification,
licensing, and credentialing programs of the Department of
Defense, the Department of Labor, the Department of Veterans
Affairs, and of States.
(3) To advise the Secretary of Labor on all matters
relating to certification, licensing, and credentialing issues
related to converting the skills acquired by veterans while
serving in the Armed Forces to skills relevant to civilian
occupations.
(c) Membership.--
(1) The Committee shall be composed of nine members, as
follows:
(A) The Secretary of Defense.
(B) The Secretary of Veterans Affairs.
(C) The Assistant Secretary of Labor for Veterans'
Employment and Training.
(D) Six members appointed by the Secretary of Labor
of whom one shall be appointed from among
representatives nominated by each of the following
organizations:
(i) Veterans' service organizations that
have a national employment program.
(ii) The Coalition for Professional
Certification.
(iii) A nationally-recognized organization
in the area of human resources management.
(iv) Nationally-recognized labor unions and
organizations.
(v) A nationally-recognized organization
that advocates on behalf of United States
businesses and industry.
(vi) The American National Standards
Institute.
(2) A vacancy on the Committee shall be filled in the same
manner in which the original appointment was made.
(d) Administrative Matters.--
(1) Meetings.--The Committee shall meet not less frequently
than once each fiscal year quarter.
(2) Chair.--The Secretary of Labor shall appoint the chair
of the Committee.
(3) Compensation.--
(A) No compensation.--Members of the Committee
shall serve without additional compensation by reason
of their service on the Committee.
(B) Travel expenses.--Members of the Committee
shall be allowed reasonable and necessary travel
expenses, including per diem in lieu of subsistence, at
rates authorized for persons serving intermittently in
the Government service in accordance with the
provisions of subchapter I of chapter 57 of title 5
while away from their homes or regular places of
business in the performance of the responsibilities of
the Committee.
(4) Staff.--The Secretary of Labor shall provide staff and
administrative support to the Committee to assist it in
carrying out its duties under this section. The Secretary shall
assure positions on the staff of the Committee include
positions that are filled by individuals that are not now, or
have ever been, employed as one of the following:
(A) Staff of the Assistant Secretary of Labor for
Veterans' Employment and Training under section 4102A
of title 38, United States Code, as in effect on the
date of the enactment of this Act.
(B) Directors for Veterans' Employment and Training
under section 4103 of such title as in effect on such
date.
(C) Assistant Director for Veterans' Employment and
Training under such section as in effect on such date.
(5) Detail of personnel.--Upon request of the Committee,
the head of any Federal department or agency may detail, on a
nonreimbursable basis, any of the personnel of that department
or agency to the Committee to assist it in carrying out its
duties.
(6) Contract with private sector entity.--The Committee may
enter into a contract with a private sector entity that has a
demonstrated level of achievement with respect to issues
pertaining to certification, if the Committee determines that
entering into such a contract is necessary to carry out the
duties of the Committee under subsection (b).
(e) Reports.--
(1) Quarterly reports to congress.--Not later than 30 days
after the last day of a fiscal year quarter, the Secretary of
Labor shall submit to Congress a report on the activities of
the Committee under this section during that quarter.
(2) Committee report.--Not later than one year after the
date of the enactment of this Act, the Committee shall submit
to the Secretary of Labor a report containing the following:
(A) A description of any area of employment in
which a credentialing or certification system for
veterans exists, an evaluation of the effectiveness of
each such system, and information on the number of
eligible individuals who took advantage of each such
system.
(B) An identification of any area of employment in
which a credentialing or certification system for
veterans could be established or improved during the
18-month period beginning on the date on which the
report under this paragraph is submitted.
(C) A description of the areas of employment the
Committee determines are the most difficult such areas
for which to establish a credentialing or certification
system for veterans and the recommendations of the
Committee with respect to methods of establishing such
a system for each such area.
(f) Termination.--The Committee shall terminate on the date that is
60 days after the date on which it submits the report for the last
fiscal quarter of fiscal year 2011.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Labor from the employment security
administration account (established in section 901 of the Social
Security Act (42 U.S.C. 1101)) in the Unemployment Trust Fund
$1,000,000 for each of fiscal years 2007 through 2011 to carry out this
section. | Veterans Certification and Licensure Act of 2006 - Establishes within the Department of Labor the Veterans Advisory Committee on Certification, Credentialing, and Licensure to carry out a national program to: (1) facilitate the transition of members of the Armed Forces from active-duty service to employment in the private sector through credentialing; (2) collect and disseminate data on certification, licensing, and credentialing programs of the states and of the Departments of Defense, Labor, and Veterans Affairs; and (3) advise the Secretary of Labor on certification, licensing, and credentialing issues related to converting the skills acquired by veterans while serving in the Armed Forces to skills relevant to civilian occupations. | To establish the Veterans Advisory Committee on Certification, Credentialing, and Licensure. |
SECTION 1. CREDIT FOR CERTAIN HOME PURCHASES.
(a) Elimination of First-Time Homebuyer Requirement.--
(1) In general.--Subsection (a) of section 36 of the
Internal Revenue Code of 1986 is amended by striking ``who is a
first-time homebuyer of a principal residence'' and inserting
``who purchases a principal residence''.
(2) Conforming amendments.--
(A) Subsection (c) of section 36 of such Code is
amended by striking paragraph (1) and by redesignating
paragraphs (2), (3), (4), and (5) as paragraphs (1),
(2), (3), and (4), respectively.
(B) Section 36 of such Code is amended by striking
``first-time homebuyer credit'' in the heading and
inserting ``home purchase credit''.
(C) Subparagraph (W) of section 26(b)(2) of such
Code is amended by striking ``homebuyer credit'' and
inserting ``home purchase credit''.
(3) Clerical amendment.--The table of sections for subpart
C of part IV of subchapter A of chapter 1 of such Code is
amended by striking the item relating to section 36 and
inserting the following new item:
``Sec. 36. Home purchase credit.''.
(4) Effective date.--The amendments made by this subsection
shall apply to residences purchased on or after the date of the
enactment of this Act.
(b) Extension.--
(1) In general.--Subsection (h) of section 36 of such Code
is amended by striking ``December 1, 2009'' and inserting
``December 1, 2010''.
(2) Waiver of recapture.--Subparagraph (D) of section
36(f)(4) of such Code is amended--
(A) by striking ``December 1, 2009'' and inserting
``December 1, 2010'', and
(B) by inserting ``and 2010'' after ``2009'' in the
heading thereof.
(3) Election to treat purchase in prior year.--Subsection
(g) of section 36 of such Code is amended--
(A) by striking ``December 1, 2009'' and inserting
``January 1, 2010'', and
(B) by adding at the end the following: ``In the
case of a purchase of a principal residence after
December 31, 2009, and before December 1, 2010, a
taxpayer may elect to treat such purchase as made on
December 31, 2009, for purposes of this section (other
than subsections (c) and (f)(4)(D)).''.
(4) Effective date.--The amendments made by this subsection
shall apply to residences purchased after November 30, 2009.
(c) Modification of Gross Income Limitation.--
(1) In general.--Subsection (b) of section 36 of such Code
is amended--
(A) by striking ``$150,000'' in paragraph
(2)(A)(i)(II) and inserting ``$300,000'', and
(B) by striking ``$75,000'' in such paragraph
(2)(A)(i)(II) and inserting ``$150,000''.
(2) Effective date.--The amendments made by this subsection
shall apply to residences purchased after the date of the
enactment of this Act.
(d) Waiver of Recapture of First-Time Homebuyer Credit for
Individuals on Qualified Official Extended Duty.--
(1) In general.--Paragraph (4) of section 36(f) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new subparagraph:
``(E) Special rule for members of the armed forces,
etc.--
``(i) In general.--In the case of the
disposition of a principal residence by an
individual (or a cessation referred to in
paragraph (2)) after December 31, 2008, in
connection with Government orders received by
such individual, or such individual's spouse,
for qualified official extended duty service--
``(I) paragraph (2) and subsection
(d)(2) shall not apply to such
disposition (or cessation), and
``(II) if such residence was
acquired before January 1, 2009,
paragraph (1) shall not apply to the
taxable year in which such disposition
(or cessation) occurs or any subsequent
taxable year.
``(ii) Qualified official extended duty
service.--For purposes of this section, the
term `qualified official extended duty service'
means service on qualified official extended
duty as--
``(I) a member of the uniformed
services,
``(II) a member of the Foreign
Service of the United States, or
``(III) as an employee of the
intelligence community.
``(iii) Definitions.--Any term used in this
subparagraph which is also used in paragraph
(9) of section 121(d) shall have the same
meaning as when used in such paragraph.''.
(2) Effective date.--The amendment made by this subsection
shall apply to dispositions and cessations after December 31,
2008. | Amends Internal Revenue Code provisions relating to the first-time homebuyer tax credit to: (1) extend such credit to all purchasers of a principal residence (currently, limited to first-time homebuyers); (2) extend such credit and its waiver of recapture provisions (for sales of principal residences before the required holding period) through November 30, 2010; (3) extend through December 31, 2009, the election to treat, for tax purposes, a residence purchased in 2009 as having been purchased on December 31, 2008; (4) allow taxpayers to treat, for tax purposes, a residence purchased after December 31, 2009, and before December 1, 2010, as having been purchased on December 31, 2009; (5) increase adjusted gross income thresholds for determining eligibility for such credit; and (6) allow a waiver of recapture for members of the uniformed services, the Foreign Service, or employees of the intelligence community who sell their principal residences after receiving an order for official extended duty service. | To amend the Internal Revenue Code of 1986 to extend the first-time homebuyer tax credit and to eliminate the first-time homebuyer requirement and increase the adjusted gross income limitations with respect to such credit, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Head Start and Early Childhood
Development Amendments of 1993''.
SEC. 2. HEAD START ACT.
(a) Definition.--Section 637 of the Head Start Act (42 U.S.C. 9832)
is amended by adding at the end the following new paragraphs:
``(12) The term `1993 fiscal year appropriation' means the
funds actually appropriated for fiscal year 1993 under section
639(a).
``(13) The term `age of compulsory school attendance' or
`compulsory school age' means the age (not to exceed the age of
6) that a child is eligible for enrollment in a public school
in a State.''.
(b) Allotment of Funds.--Section 640(a) of the Head Start Act (42
U.S.C. 9835) is amended--
(1) in paragraph (2)--
(A) by redesignating subparagraphs (A), (B), (C),
and (D) as clauses (i), (ii), (iii), and (iv),
respectively;
(B) by striking ``(2) The'' and inserting ``(2)(A)
The''; and
(C) by inserting immediately after clause (iv) (as
so redesignated) the following new subparagraph:
``(B) For any fiscal year for which the amount appropriated under
section 639(a) exceeds the 1993 fiscal year appropriation, the
Secretary shall reserve the following:
``(i) Eight percent of the total amount in excess of such
appropriation for Head Start infants and toddler programs
described in section 642(d)(1).
``(ii) Eight percent of the total amount in excess of such
appropriation to carry out the Head Start Transition Project
Act (42 U.S.C. 9855 et seq.).
``(iii) Five percent of the total amount in excess of such
appropriation for Head Start program services for children and
their parents described in section 642(d)(2).
``(iv) Two percent of the total amount in excess of such
appropriation for the provision of scholarship assistance for
early childhood education training under section 596 of the
Higher Education Act of 1965 (20 U.S.C. 1117).
``(v) Two percent of the total amount in excess of such
appropriation for the provision of education awards to teachers
in Head Start programs or early childhood development programs
that are similar to Head Start programs.
``(vi) Two percent of the total amount in excess of such
appropriations for the provision of post-service benefits for
national service participants who are eligible for such
benefits under section 144A of the National and Community
Service Act of 1990.''; and
(2) by striking ``No funds reserved under this paragraph''
in the matter preceding paragraph (3) and inserting:
``(C) No funds reserved under paragraph (2)(A).''.
(c) Powers and Functions of Head Start Agencies.--Section 642 of
the Head Start Act (42 U.S.C. 9837) is amended by adding at the end the
following new subsection:
``(d) Subject to a review of a local community assessment plan (as
prescribed by regulation) of an agency that is eligible for designation
as a Head Start agency under section 641 by the Regional Office of the
Administration for Children and Families, such agency may in accordance
with Head Start performance standards developed for infants and
toddlers under section 651(b), provide--
``(1) infant and toddler Head Start program services to
children from birth to compulsory school age; or
``(2) a fully integrated program of services to children
from birth to compulsory school age and their parents that are
similar to the core services provided to children and their
families through the Parent-Child Centers under section
640(a)(4)(B) and the child development projects under section
670N(a) of the Comprehensive Child Development Act (42 U.S.C.
9881(a)).''.
(d) Educational Awards.--The Head Start Act (42 U.S.C. 983 et seq.)
is amended by adding at the end the following new section:
``SEC. 658. EDUCATIONAL AWARDS.
``(a) In General.--The Secretary of Education may provide
educational awards to individuals who are employed in the early
childhood development field to assist such individuals in the repayment
of outstanding student loans.
``(b) Amount.--The amount of an educational award under subsection
(a) shall not exceed $10,000 for a term of service completed under
subsection (f).
``(c) Limitation.--An individual shall only be awarded one
educational award under subsection (a).
``(d) Application.--An individual who desires to receive an
educational award shall submit to the Secretary an application at such
time, in such manner, and accompanied by such information, as the
Secretary may reasonably require.
``(e) Eligibility.--To be eligible to receive an educational award
under subsection (a), an individual shall--
``(1) have completed a term of service under subsection (f)
in an approved education position described in subsection (g);
``(2) currently serve in an approved education position
described in subsection (g); and
``(3) have--
``(A) an outstanding student loan from Federal or
non-Federal sources; or
``(B) enrolled in and completed, an early childhood
development program at an institution of higher
education.
``(f) Term of Service.--
``(1) In general.--The term of service for an approved
education position shall be not less than 2 years.
``(2) Commencement.--No term of service under paragraph (1)
shall begin prior to the date of enactment of this section.
``(g) Types of Educational Positions Eligible for Approval for
Education Awards.--The Secretary shall approve each of the following
positions as an approved educational position:
``(1) A full-time teacher position or other staff position
in a Head Start program.
``(2) A full-time teacher position or other staff position
in an early childhood development program that provides
services similar to Head Start programs.''.
(e) Review.--Not later than September 30, 1994, the Secretary of
Education, in consultation with the Secretary of Health and Human
Services and the Governor of each State, shall review the use of funds
under chapter 1 of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 2701 et seq.) to determine whether such funds
can be used to provide services to Head Start children in transition to
elementary school.
(f) Conforming Amendments.--
(1) Authorization of appropriations.--Section 639(c) of the
Head Start Act (42 U.S.C. 9834(c)) is repealed.
(2) Evaluation.--Section 651(g)(3) of the Head Start Act
(42 U.S.C. 9846(g)(3)) is amended by striking ``640(a)(2)'' and
inserting ``640(a)(2)(A)''.
SEC. 3. COMPREHENSIVE CHILD DEVELOPMENT ACT.
Section 670T(a) of the Comprehensive Child Development Act (42
U.S.C. 9887(a)) is amended by striking ``1993, and 1994'' and inserting
``and 1993, and $60,000,000 for each of fiscal years 1994 through
1997,''.
SEC. 4. NATIONAL AND COMMUNITY SERVICE ACT OF 1990.
Subtitle D of title I of the National and Community Service Act of
1990 (42 U.S.C. 12572 et seq.) is amended by inserting after section
144 the following new section:
``SEC. 144A. SUPPLEMENTAL POST-SERVICE BENEFITS FOR PARTICIPANTS
SERVING IN EARLY CHILDHOOD DEVELOPMENT PROGRAMS.
``(a) In General.--In addition to the provision of post-service
benefits under section 146, the Commission shall provide to each full-
time participant who has performed community service in an early
childhood development program and who meets the eligibility criteria
under subsection (b), a nontransferable post-service benefit that is
equal in value to $5,000 to use for the purpose described in subsection
(c).
``(b) Eligibility.--A participant may receive a post-service
benefit under subsection (a) if such participant--
``(1) has completed a full-time term of service in an early
childhood development program receiving assistance under this
subtitle;
``(2) has enrolled in and completed a graduate program in
early childhood development at an institution of higher
education; and
``(3) after completion of such graduate program, has served
in the early childhood development field for not less than 2
years.
``(c) Use of Post-Service Benefits.--A post-service benefit
provided under subsection (a) shall only be used for payment of a
student loan from Federal or non-Federal sources.''.
SEC. 5. STUDY OF PENSION PROGRAM FOR HEAD START EMPLOYEES.
The Secretary of Health and Human Services shall conduct a study
and prepare a report on the establishment of a pension program for Head
Start employees, including the feasibility of such employees'
participation in the Federal Employees Retirement System. Not later
than October 1, 1995, the Secretary shall submit to the Congress such
report with recommendations on options for extending retirement pension
coverage to Head Start employees. | Head Start and Early Childhood Development Amendments of 1993 - Amends the Head Start Act to reserve certain amounts, whenever the appropriation exceeds the FY 1993 appropriation, for specified activities.
Authorizes Head Start agencies, subject to certain conditions, to provide: (1) infant and toddler Head Start program services to children from birth to compulsory school age; or (2) a fully integrated program of services to children from birth to compulsory school age and their parents similar to core services provided through Parent-Child Centers and child development projects under the Comprehensive Child Development Act.
Authorizes the Secretary of Labor to provide educational awards of up to $10,000 to individuals employed in the early child development field to assist them in repaying outstanding student loans.
Directs the Secretary of Education to review the use of funds for disadvantaged students under the Elementary and Secondary Education Act of 1965 to determine whether such funds can be used to provide services to Head Start children in transition to elementary school.
Amends the Comprehensive Child Development Act to extend the authorization of appropriations through FY 1997.
Amends the National and Community Service Act of 1990 to direct the Commission on National and Community Service to provide supplemental post-service benefits for participants serving in early childhood development programs.
Directs the Secretary of Health and Human Services to study and report to the Congress on the establishment of a pension program for Head Start employees, including feasibility of their participation in the Federal Employees Retirement System. | Head Start and Early Childhood Development Amendments of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Taxpayer Reimbursement Act
of 2007''.
SEC. 2. PROHIBITING USE OF FEDERAL FUNDS IN SUPPORT OF TRAVEL WHICH
INCLUDES POLITICAL CAMPAIGN OR FUNDRAISING EVENTS.
(a) Prohibition.--No funds of the Federal government may be used to
carry out or support any travel undertaken by a covered executive
branch official away from the official's designated post of duty if at
any time while the official is away from the official's designated post
of duty the official attends any political campaign event or any
political fundraising event, unless the office of the official is
reimbursed for the actual costs incurred by the Federal government in
carrying out or supporting such travel (subject to subsection (b)) by--
(1) the principal campaign committee of the candidate, in
the case of an event held in support of a candidate; or
(2) the political committee involved, in the case of an
event held in support of a political committee of a political
party.
(b) Special Rules for Presidential and Vice Presidential Travel.--
In the case of travel undertaken by the President or the Vice
President, the amount of the reimbursement required to be made under
subsection (a) shall be subject to the following:
(1) In the case of travel undertaken by the President or
the Vice President which includes a political campaign event in
support of the President's or Vice President's own campaign--
(A) the amount of the reimbursement required to be
made for the costs of using an aircraft or other form
of transportation may not exceed the commercial charter
rate for an airplane or other form of transportation
sufficient in size to accommodate the campaign-related
travelers, including the President or the Vice
President, members of the news media, and the Secret
Service (taking into account any reimbursement paid by
members of the news media); and
(B) any costs attributable to the provision of
services by the Secret Service shall be excluded.
(2) In the case of travel undertaken by the President or
the Vice President for a political campaign event or a
political fundraising event on behalf of more than one sponsor,
candidate, or political party, the amount required to be
reimbursed shall be allocated among the sponsors, candidates,
or political parties involved in accordance with a formula
established under regulations promulgated by the Federal
Election Commission which are consistent with the requirements
regarding the reimbursement rate described in paragraph (1).
(c) Exception for Personal Compensation.--Subsection (a) does not
apply with respect to amounts paid as salary to a covered executive
branch official.
(d) Application to Certain Travel by Members of House of
Representatives.--This section shall apply with respect to funds used
to carry out or support travel undertaken by a Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress) in the same manner as it applies to a covered legislative
branch official, other than funds in any Member's Representational
Allowance. Nothing in the previous sentence may be construed to waive
or otherwise affect any provision of law or any rule or regulation of
the House of Representatives which prohibits the use of official funds
of the House to support any purposes not related to the official and
representational duties of a Member of the House.
(e) Definitions.--In this section, the following definitions apply:
(1) The term ``covered executive branch official'' means--
(A) the President, the Vice President, and any
other individual whose official travel expenses may be
paid using funds under chapter 2 of title 3, United
States Code; and
(B) the head of any executive agency (as defined in
section 105 of title 5, United States Code).
(2) The term ``designated post of duty'' has the meaning
given such term under chapter 57 of title 5, United States
Code, except that in the case of a covered executive branch
official described in paragraph (1)(A), such term means the
White House.
(3) The term ``political campaign event'' means, with
respect to a covered executive branch official, an event held
in support of a candidate for election for any Federal, State,
or local public office or any national, State, or local
political party at which the official endorses or supports (or
could reasonably be determined to endorse or support) such a
candidate or political party.
(4) The term ``political committee'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(5) The term ``political fundraising event'' means any
event during which funds are raised to support any candidate
for election for any Federal, State, or local public office or
any national, State, or local political party, including an
event at which a donation of funds to support any such
candidate or party is required in order to attend.
(6) The term ``principal campaign committee'' has the
meaning given such term in the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), except that in the case of a
candidate for election for State or local public office, the
determination of the principal campaign committee shall be made
in accordance with the applicable law of the State involved.
SEC. 3. REQUIRING REIMBURSEMENT BY CAMPAIGNS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``requiring reimbursement of certain state and local government
security costs
``Sec. 325. (a) Requiring Reimbursement.--If a State or unit of
local government incurs costs for providing security and related
services as the result of the attendance by a covered executive branch
official at a political campaign event or a political fundraising
event, the actual costs incurred in providing such services shall be
reimbursed--
``(1) in the case of an event held in support of a
candidate, by the principal campaign committee of the
candidate; and
``(2) in the case of an event held in support of a
political committee of a political party, by the committee
involved.
``(b) Exception for Certain Presidential and Vice Presidential
Events.--Subsection (a) shall not apply with respect to costs which are
incurred as the result of the attendance of the President or Vice
President at a political campaign event held in support of the
President's or Vice President's own campaign.
``(c) Definitions.--In this section, the terms `covered executive
branch official', `political campaign event', and `political
fundraising event' have the meaning given such terms in section 2(e) of
the Campaign Taxpayer Reimbursement Act of 2007.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to travel undertaken on or after the date of the enactment of
this Act. | Campaign Taxpayer Reimbursement Act of 2007 - Prohibits the use of federal funds to carry out or support any travel undertaken by a covered executive branch official away from his or her designated post of duty if at any time while the official is away he or she attends any political campaign or fundraising event, unless the official's office is reimbursed by the appropriate political committee for the actual travel costs incurred.
Makes special rules for presidential and vice presidential travel.
Applies this Act to travel by Members of the House of Representatives.
Amends the Federal Election Campaign Act of 1971 to require political committee reimbursement of certain state and local government security costs resulting from attendance by a covered executive branch official, other than the President or Vice President, at a political campaign or fundraising event. | To prohibit the use of Federal funds in support of any travel undertaken by the President, Vice President, or certain other executive branch officials which includes the attendance by the official at any political campaign or fundraising event unless the sponsor of the event reimburses the Federal government for the actual costs incurred in support of the travel, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug-Free Schools Reform Act of
1996''.
SEC. 2. DRUG AND VIOLENCE PREVENTION PROGRAMS.
Subpart 1 of part A of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7111 et seq.) is amended to read as
follows:
``Subpart 1--State Grants for Drug and Violence Prevention Programs
``SEC. 4111. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under section
4004(a) to carry out this subpart for each fiscal year, the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern Mariana Islands, to be
allotted in accordance with the Secretary's determination of
their respective needs;
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this part
for Indian youth;
``(3) may reserve not more than $1,000,000 for the national
impact evaluation required by section 4114(a); and
``(4) shall reserve 0.2 percent of such amount for programs
for Native Hawaiians under section 4115.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
``(B) one-half of such remainder according to the
ratio between the amount each State received under part
A of title I for the preceding year and the sum of such
amounts received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(3) Reallotment.--The Secretary may reallot any amount of
any allotment to a State if the Secretary determines that the
State will be unable to use such amount within two years of
such allotment. Such reallotments shall be made on the same
basis as allotments are made under paragraph (1).
``(4) Definitions.--For the purpose of this subsection--
``(A) the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico; and
``(B) the term `local educational agency' includes
educational service agencies and consortia of such
agencies.
``SEC. 4112. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under section
4111 for any fiscal year, the chief executive officer of the State
shall submit to the Secretary, at such time as the Secretary may
require, an application that--
``(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, in
accordance with the provisions of section 14306;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be based
on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(3) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national impact
evaluation of programs required by section 4114(a); and
``(4) includes any other information the Secretary may
require.
``(b) Peer Review.--The Secretary shall use a peer review process
in reviewing State applications under this section.
``SEC. 4113. STATE PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--The chief executive officer of a State
shall use funds allocated pursuant to section 4111(a)(1) for
drug and violence prevention programs and activities in
accordance with this section.
``(2) Administrative costs.--A chief executive officer may
use not more than 5 percent of the total amount received under
this part for the administrative costs incurred in carrying out
the duties of such officer under this section.
``(b) Programs Authorized.--
``(1) In general.--The exclusive and immutable purpose of
these grants to or contracts with the foregoing is to finance
or sponsor prevention or education programs dedicated to
teaching directly the dangers, risks, health costs, legal
penalties, short- and long-term negative personal impacts of
illegal drug use and underage drinking with funds expended for
no other purpose than a `no use,' `right-wrong' antidrug
message. If any amount or percentage of these funds is spent
for purposes other than a strict no-drug-use curriculum, such
as general health or hygiene education, social events, annual
sports budgets, or any other non-anti-drug program, such
expenditures shall be considered a violation.
``(2) Penalties.--Complete forfeiture, reimbursement, and
each applicable Federal penalty provision shall apply to each
person responsible for any such misapplication or misspending
of the funds.
``(3) Peer review.--Grants or contracts awarded under this
subsection shall be subject to a peer review process.
``(4) Special rule.--The chief executive officer of a State
may carry out activities under this subsection directly, or
through grants or contracts.
``(c) Law Enforcement Education Partnerships.--A chief executive
officer shall use funds under subsection (a)(1) to award grants to
State, county or local law enforcement agencies (including district
attorneys) in consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse and violence
prevention activities, such as--
``(1) Project Drug Abuse Resistance Education and other
programs which provide classroom instruction by uniformed law
enforcement officials that is designed to teach students to
recognize and resist pressures to experiment that influence
such children to use controlled substances or alcohol;
``(2) Project Legal Lives and other programs in which
district attorneys provide classroom instruction in the law and
legal system which emphasizes interactive learning techniques,
such as mock trial competitions;
``(3) partnerships between law enforcement and child
guidance professionals; and
``(4) before- and after-school activities.
``SEC. 4114. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--
``(1) Biennial evaluation.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Director
of the Office of National Drug Control Policy, and the Attorney
General, shall conduct an independent biennial evaluation of
the national impact of programs assisted under this subpart and
of other recent and new initiatives to combat violence in
schools and submit a report of the findings of such evaluation
to the President and the Congress.
``(2) Data collection.--(A) The National Center for
Education Statistics shall collect data to determine the
frequency, seriousness, and incidence of violence in elementary
and secondary schools in the States. The Secretary shall
collect the data using, wherever appropriate, data submitted by
the States pursuant to subsection (b)(2)(B).
``(B) Not later than January 1, 2000, the Secretary shall
submit to Congress a report on the data collected under this
subsection, together with such recommendations as the Secretary
determines appropriate, including estimated costs for
implementing any recommendation.
``(b) State Report.--
``(1) In general.--By October 1, 1999, and every third year
thereafter, the chief executive officer of the State shall
submit to the Secretary a report on the implementation and
outcomes of State programs under section 4113, as well as an
assessment of their effectiveness.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation
activities, and shall include data on the prevalence of
drug use and violence by youth in schools and
communities; and
``(C) made readily available to the public.
``SEC. 4114. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds made available pursuant to
section 4111(a)(4) to carry out this section, the Secretary shall make
grants to or enter into cooperative agreements or contracts with
organizations primarily serving and representing Native Hawaiians which
are recognized by the Governor of the State of Hawaii to plan, conduct,
and administer programs, or portions thereof, which are authorized by
and consistent with the provisions of this title for the benefit of
Native Hawaiians.
``(b) Definition of Native Hawaiian.--For the purposes of this
section, the term `Native Hawaiian' means any individual any of whose
ancestors were natives, prior to 1778, of the area which now comprises
the State of Hawaii.''. | Drug-Free Schools Reform Act of 1996 - Amends the Elementary and Secondary Education Act of 1965 to revise requirements for State Grants for Drug and Violence Prevention Programs.
Revises requirements relating to State applications for such grants. Eliminates requirements relating to distribution of State funds among local educational agencies and their applications for such assistance.
Revises program requirements. Requires use of program funds for awarding grants to State, county, or local law enforcement agencies (including district attorneys) in consortium with local educational agencies or community-based agencies to carry out drug abuse and violence prevention activities.
Revises evaluating and reporting requirements for such programs. | Drug-Free Schools Reform Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Term Restoration Act of
1997''.
SEC. 2. PATENT TERMS.
(a) Amendment of Title 35.--Effective on the date of the enactment
of this Act, section 154 of title 35, United States Code, as amended by
the Uruguay Round Agreements Act, is amended--
(1) in paragraph (2) of subsection (a), by striking ``and
ending'' and all that follows in that paragraph and inserting
``and ending--
``(A) 17 years from the date of the grant of the
patent, or
``(B) 20 years from the date on which the
application for the patent was filed in the United
States, except that if the application contains a
specific reference to an earlier filed application or
applications under section 120, 121, or 365(c) of this
title, 20 years from the date on which the earliest
such patent application was filed,
whichever is later.''.
(2) in subsection (c)(1), by striking ``shall be the
greater of the 20-year term as provided in subsection (a), or
17 years from grant'' and inserting ``shall be the term
provided in subsection (a)''.
(b) Technical Amendment.--Section 534(b) of the Uruguay Round
Agreements Act is amended by striking paragraph (3).
SEC. 3. DEFINITION OF SPECIAL CIRCUMSTANCES TO PROTECT THE
CONFIDENTIALITY STATUS OF APPLICATIONS.
Section 122 of title 35, United States Code, is amended by striking
``as may be determined by the Commissioner'' and inserting ``as in any
of the following:
``(1) In the case of an application under section 111(a)
for a patent for an invention for which the applicant intends
to file or has filed an application for a patent in a foreign
country, the Commissioner may publish, at the discretion of the
Commissioner and by means determined suitable for the purpose,
no more than that data from such application under section
111(a) which will be made or has been made public in such
foreign country. Such a publication shall be made only after
the date of the publication in such foreign country.
``(2)(A) If the Commissioner determines that a patent
application which is filed after the date of the enactment of
this paragraph--
``(i) has been pending more than 5 years from the
effective filing date of the application,
``(ii) has not been previously published by the
Patent and Trademark Office,
``(iii) is not under any appellate review by the
Board of Patent Appeals and Interferences,
``(iv) is not under interference proceedings in
accordance with section 135(a),
``(v) is not under any secrecy order pursuant to
section 181,
``(vi) is not being diligently pursued by the
applicant in accordance with this title, and
``(vii) is not in abandonment,
the Commissioner shall notify the applicant of such
determination.
``(B) An applicant which received notice of a determination
described in subparagraph (A) may, within 30 days of receiving
such notice, petition the Commissioner to review the
determination to verify that subclauses (i) through (vii) are
all applicable to the applicant's application. If the applicant
makes such a petition, the Commissioner shall not publish the
applicant's application before the Commissioner's review of the
petition is completed. If the applicant does not submit a
petition, the Commissioner may publish the applicant's
application no earlier than 90 days after giving such a notice.
``(3) If after the date of the enactment of this paragraph
a continuing application has been filed more than 6 months
after the date of the initial filing of an application, the
Commissioner shall notify the applicant under such application.
The Commissioner shall establish a procedure for an applicant
which receives such a notice to demonstrate that the purpose of
the continuing application was for reasons other than to
achieve a delay in the time of publication of the application.
If the Commissioner agrees with such a demonstration by the
applicant, the Commissioner shall not publish the applicant's
application. If the Commissioner does not agree with such a
demonstration by the applicant or if the applicant does not
make an attempt at such a demonstration within a reasonable
period of time as determined by the Commissioner, the
Commissioner shall publish the applicant's application.
The Commissioner shall ensure that publications under paragraph (1),
(2), or (3) will not result in third-party pre-issuance oppositions
which will delay or interfere with the issuance of the patents whose
applications' data will be published.''. | Patent Term Restoration Act of 1997 - Amends provisions of the Uruguay Round Agreements Act that revise Federal patent law to provide that a patent term shall be the later of 17 years from the date the patent is granted or 20 years from the date the application was filed in the United States. Provides that if the application contains a reference to the earlier application, the term shall be 20 years from the date the earliest application was filed.
Requires the term of a patent that is in force or results from an application filed within six months after the Uruguay Round Agreements Act enactment date to be the term provided in this Act.
Revises Federal patent law requirements for confidentiality of patent applications to set out: (1) the special circumstances under which such applications can be made public; or (2) in the case of a patent application for an invention for which the applicant intends to file or has filed for a patent in a foreign country, the limited data which the Commissioner of Patents may disclose. Authorizes an applicant to petition the Commissioner of the Patent and Trademark Office to review a determination to publish a patent application. Prohibits the Commissioner from publishing an application prior to the completion of the review. | Patent Term Restoration Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-Paid Mobile Device
Identification Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``authorized reseller'' means any person
authorized by a--
(A) manufacturer to sell the manufacturer's mobile
devices or SIM cards; or
(B) wireless carrier to sell pre-paid mobile
devices or SIM cards to which the wireless carrier will
provide wireless cellular service;
(2) the term ``pre-paid mobile device'' means any cellular
phone or similar wireless communication device for which the
mobile device user purchases a set allotment of wireless
communication service;
(3) the term ``SIM card'' means a subscriber identity
module or functionally equivalent data storage device; and
(4) the term ``wireless carrier'' has the same meaning as
in section 6(4) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615b(4)).
SEC. 3. IDENTIFICATION REQUIREMENT.
Prior to the completion of any sale of a pre-paid mobile device or
SIM card to a purchaser, an authorized reseller shall require the
purchaser to provide the following information:
(1) The full name of the purchaser.
(2) The complete home address of the purchaser.
(3) The date of birth of the purchaser.
SEC. 4. IDENTIFICATION VERIFICATION.
(a) In Person Sales.--An authorized reseller making a sale to a
purchaser in person shall verify the purchaser information provided
under section 3 by requiring the purchaser to display--
(1) a photographic identification card issued by a Federal
or State government, or a document considered acceptable for
purposes of subparagraphs (B), (C), or (D) of section
274A(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1324a(b)(1)); or
(2) any 2 of the following documents:
(A) A Form W-2 Wage and Tax Statement received from
the Internal Revenue Service, provided that such form
has been received from the Internal Revenue Service
within the prior 18 months.
(B) A Form 1099 Social Security Benefit Statement
received from the Social Security Administration,
provided that such form has been received from the
Social Security Administration within the prior 18
months.
(C) A Form 1099 received from any other agency of
the Federal Government other than the Social Security
Administration, including the Internal Revenue Service,
provided that such form has been received within the
prior 18 months.
(D) Any document containing personal identifying
information that the Attorney General finds, by
regulation, to be acceptable for purposes of this
section.
(b) Other Sales.--An authorized reseller making a sale to a
purchaser not in person shall verify the purchaser information provided
under section 3 by requiring the purchaser to submit the following
information:
(1) Valid credit or debit card account information.
(2) Social Security number.
(3) Driver's license number.
(4) Any other personal identifying information that the
Attorney General finds, by regulation, to be necessary for
purposes of this section.
SEC. 5. RECORD MAKING REQUIREMENT.
Upon completion of a sale of a pre-paid mobile device or SIM card,
an authorized reseller shall make a record of the sale that includes
the following information:
(1) The information obtained from the purchaser under
section 3, and, if applicable, the information submitted by the
purchaser under subsection (b) of section 4.
(2) The date of sale.
(3) The manufacturer of the pre-paid mobile device or SIM
card.
(4) The wireless carrier that will provide wireless
communication service to the pre-paid mobile device or SIM
card.
(5) Any assigned telephone number or other subscriber or
account identifier known at the time of purchase.
(6) Any of the following, if applicable to the pre-paid
mobile device or SIM card:
(A) International mobile equipment identifier
number.
(B) Electronic serial number.
(C) Mobile equipment identifier.
(D) International mobile subscriber identifier.
(E) Machine address code.
SEC. 6. RECORD TRANSMISSION REQUIREMENT.
(a) In General.--Not later than 30 days after the sale of a pre-
paid mobile device or SIM card, an authorized reseller shall transmit
the record of the sale made in accordance with section 5 to the
wireless carrier that will provide wireless communication service to
the pre-paid mobile device or SIM card.
(b) Permissible Means of Transmission.--In complying with the
requirements of subsection (a), an authorized reseller may transmit the
sale record to the wireless carrier by means of secure electronic
transmission.
SEC. 7. RECORDKEEPING REQUIREMENT.
After an authorized reseller has transmitted the sale record to the
wireless carrier in accordance with section 6, a wireless carrier
shall--
(1) provide a transmission confirmation receipt to the
authorized reseller, after the receipt of which the authorized
reseller shall dispose promptly of any retained copy of the
record; and
(2) retain the transmitted sale record in accordance with
the privacy protections of section 222 of the Communications
Act of 1934 (47 U.S.C. 222) for a period of 18 months or until
the wireless carrier stops or otherwise discontinues providing
service to the pre-paid mobile device or SIM card to which the
sale record relates.
SEC. 8. PENALTIES.
(a) For False or Misleading Statements.--A purchaser who provides
false or misleading information when providing the identifying
information and documents required under sections 3 and 4 shall be
subject to criminal penalties under section 1001 of title 18, United
States Code.
(b) Failure To Comply.--
(1) In general.--An authorized reseller or wireless carrier
who fails to comply with the requirements of this Act shall be
subject to a civil fine of $50 per offense.
(2) Separate offense.--Each separate sale of a pre-paid
mobile device or SIM card for which purchaser identification is
not requested or verified in accordance with sections 3 and 4,
or for which the required record is not made or maintained in
accordance with sections 5 or 7, shall constitute a separate
offense.
(3) Rule of construction.--For purposes of this section--
(A) a wireless carrier is not responsible for an
offense of an authorized reseller; and
(B) an authorized reseller is not responsible for
an offense of a wireless carrier.
SEC. 9. RELATED OFFENSES.
(a) Sale by Nonauthorized Resellers.--
(1) In general.--It shall be unlawful for any person who is
not an authorized reseller to sell pre-paid mobile devices or
SIM cards.
(2) Penalty.--Any person that violates the prohibition set
forth under paragraph (1) shall be fined not more than $500,
imprisoned for not less than 1 year, or both.
(3) Notice.--The Attorney General shall establish
regulations requiring manufacturers and authorized resellers to
notify purchasers of mobile devices and SIM cards of the
offense and penalty established by this section.
(b) Commission of Other Crimes.--If a person uses a pre-paid mobile
device or SIM card obtained in violation of this Act to commit a
Federal criminal offense, the minimum term of imprisonment for such
offense that is required under Federal statute shall be increased by 1
year.
SEC. 10. PREEMPTION DISCLAIMER.
Nothing in this Act is intended to preempt or otherwise prevent or
prohibit any State of the power to enact additional requirements with
respect to the distribution and sale of mobile devices or SIM cards. | Pre-Paid Mobile Device Identification Act - Defines "authorized reseller" as any person authorized by a: (1) manufacturer to sell the manufacturer's mobile device or SIM card (subscriber identity module or equivalent data storage device); or (2) wireless carrier to sell pre-paid mobile devices or SIM cards to which the wireless carrier will provide wireless cellular service.
Directs an authorized reseller before selling a pre-paid mobile device or SIM card to: (1) require the purchaser to provide the purchaser's name, address, and date of birth; (2) verify such information; and (3) record and transmit such sale information to the wireless carrier who shall keep a record of the transmission.
Subjects: (1) a person who provides false information to criminal penalties; and (2) a non-complying authorized reseller or wireless carrier to civil fines.
Makes it unlawful for any person who is not an authorized reseller to sell pre-paid mobile devices or SIM cards. Subjects a violator to fine, imprisonment, or both.
States that if a person uses a pre-paid mobile device or SIM card obtained in violation of this Act to commit a federal criminal offense the minimum prison term for such offense required under federal statute shall be increased by one year. | A bill to institute an identification requirement for the purchase of pre-paid mobile devices. |
SECTION 1. RENEWABLE PORTFOLIO STANDARD.
(a) In General.--Title VI of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end
the following:
``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.
``(a) Renewable Energy Requirement.--
``(1) In general.--Each electric utility that sells
electricity to electric consumers shall obtain a percentage of
the base amount of electricity it sells to electric consumers
in any calendar year from new renewable energy or existing
renewable energy. The percentage obtained in a calendar year
shall not be less than the amount specified in the following
table:
``Calendar year: Minimum annual percentage:
2010............................ 1
2011............................ 2
2012............................ 4
2013............................ 6
2014............................ 8
2015............................ 10
2016............................ 12
2017............................ 14
2018............................ 16
2019............................ 18
2020............................ 20
2021............................ 21
2022............................ 22
2023............................ 23
2024............................ 24
2025............................ 25.
``(2) Means of compliance.--An electric utility shall meet
the requirements of paragraph (1) by--
``(A) submitting to the Secretary renewable energy
credits issued under subsection (b);
``(B) making alternative compliance payments to the
Secretary at the rate of 2 cents per kilowatt hour (as
adjusted for inflation under subsection (g)); or
``(C) a combination of activities described in
subparagraphs (A) and (B).
``(b) Renewable Energy Credit Trading Program.--
``(1) In general.--Not later than July 1, 2009, the
Secretary shall establish a renewable energy credit trading
program under which electric utilities shall submit to the
Secretary renewable energy credits to certify the compliance of
the electric utilities with respect to obligations under
subsection (a)(1).
``(2) Administration.--As part of the program, the
Secretary shall--
``(A) issue tradeable renewable energy credits to
generators of electric energy from new renewable
energy;
``(B) issue nontradeable renewable energy credits
to generators of electric energy from existing
renewable energy;
``(C) issue renewable energy credits to electric
utilities associated with State renewable portfolio
standard compliance mechanisms pursuant to subsection
(h);
``(D) ensure that a kilowatt hour, including the
associated renewable energy credit, shall be used only
once for purposes of compliance with this Act;
``(E) allow double credits for generation from
facilities on Indian land, and triple credits for
generation from small renewable distributed generators
(meaning those no larger than 1 megawatt); and
``(F) ensure that, with respect to a purchaser
that, as of the date of enactment of this section, has
a purchase agreement from a renewable energy facility
placed in service before that date, the credit
associated with the generation of renewable energy
under the contract is issued to the purchaser of the
electric energy.
``(3) Duration.--A credit described in subparagraph (A) or
(B) of paragraph (2) may only be used for compliance with this
section during the 3-year period beginning on the date of
issuance of the credit.
``(4) Transfers.--An electric utility that holds credits in
excess of the quantity of credits needed to comply with
subsection (a) may transfer the credits to another electric
utility in the same utility holding company system.
``(5) Delegation of market function.--The Secretary may
delegate to an appropriate market-making entity the
administration of a national tradeable renewable energy credit
market for purposes of creating a transparent national market
for the sale or trade of renewable energy credits.
``(c) Enforcement.--
``(1) Civil penalties.--Any electric utility that fails to
meet the compliance requirements of subsection (a) shall be
subject to a civil penalty.
``(2) Amount of penalty.--The amount of the civil penalty
shall be determined by multiplying the number of kilowatt-hours
of electric energy sold to electric consumers in violation of
subsection (a) by the greater of 2 cents (adjusted for
inflation under subsection (g)) or 200 percent of the average
market value of renewable energy credits during the year in
which the violation occurred.
``(3) Mitigation or waiver.--The Secretary may mitigate or
waive a civil penalty under this subsection if the electric
utility was unable to comply with subsection (a) for reasons
outside of the reasonable control of the utility. The Secretary
shall reduce the amount of any penalty determined under
paragraph (2) by an amount paid by the electric utility to a
State for failure to comply with the requirement of a State
renewable energy program if the State requirement is greater
than the applicable requirement of subsection (a).
``(4) Procedure for assessing penalty.--The Secretary shall
assess a civil penalty under this subsection in accordance with
the procedures prescribed by section 333(d) of the Energy
Policy and Conservation Act of 1954 (42 U.S.C. 6303).
``(d) State Renewable Energy Account Program.--
``(1) In general.--The Secretary shall establish, not later
than December 31, 2008, a State renewable energy account
program.
``(2) Deposits.--All money collected by the Secretary from
alternative compliance payments and the assessment of civil
penalties under this section shall be deposited into the
renewable energy account established pursuant to this
subsection. The State renewable energy account shall be held by
the Secretary and shall not be transferred to the Treasury
Department.
``(3) Use.--Proceeds deposited in the State renewable
energy account shall be used by the Secretary, subject to
appropriations, for a program to provide grants to the State
agency responsible for developing State energy conservation
plans under section 362 of the Energy Policy and Conservation
Act (42 U.S.C. 6322) for the purposes of promoting renewable
energy production, including programs that promote technologies
that reduce the use of electricity at customer sites such as
solar water heating.
``(4) Administration.--The Secretary may issue guidelines
and criteria for grants awarded under this subsection. State
energy offices receiving grants under this section shall
maintain such records and evidence of compliance as the
Secretary may require.
``(5) Preference.--In allocating funds under this program,
the Secretary shall give preference--
``(A) to States in regions which have a
disproportionately small share of economically
sustainable renewable energy generation capacity; and
``(B) to State programs to stimulate or enhance
innovative renewable energy technologies.
``(e) Rules.--The Secretary shall issue rules implementing this
section not later than 1 year after the date of enactment of this
section.
``(f) Exemptions.--This section shall not apply in any calendar
year to an electric utility--
``(1) that sold less than 4,000,000 megawatt-hours of
electric energy to electric consumers during the preceding
calendar year; or
``(2) in Hawaii.
``(g) Inflation Adjustment.--Not later than December 31 of each
year beginning in 2008, the Secretary shall adjust for inflation the
price of a renewable energy credit under subsection (b)(2) and the
amount of the civil penalty per kilowatt-hour under subsection (c)(2).
``(h) State Programs.--
``(1) In general.--Nothing in this section diminishes any
authority of a State or political subdivision of a State to
adopt or enforce any law or regulation respecting renewable
energy, but, except as provided in subsection (c)(3), no such
law or regulation shall relieve any person of any requirement
otherwise applicable under this section. The Secretary, in
consultation with States having such renewable energy programs,
shall, to the maximum extent practicable, facilitate
coordination between the Federal program and State programs.
``(2) Regulations.--
``(A) In general.--The Secretary, in consultation
with States, shall promulgate regulations to ensure
that an electric utility subject to the requirements of
this section that is also subject to a State renewable
energy standard receives renewable energy credits in
relation to equivalent quantities of renewable energy
associated with compliance mechanisms, other than the
generation or purchase of renewable energy by the
electric utility, including the acquisition of
certificates or credits and the payment of taxes, fees,
surcharges, or other financial compliance mechanisms by
the electric utility or a customer of the electric
utility, directly associated with the generation or
purchase of renewable energy.
``(B) Prohibition on double counting.--The
regulations promulgated under this paragraph shall
ensure that a kilowatt hour associated with a renewable
energy credit issued pursuant to this subsection shall
not be used for compliance with this section more than
once.
``(i) Recovery of Costs.--
``(1) In general.--The Commission shall issue and enforce
such regulations as are necessary to ensure that an electric
utility recovers all prudently incurred costs associated with
compliance with this section.
``(2) Applicable law.--A regulation under paragraph (1)
shall be enforceable in accordance with the provisions of law
applicable to enforcement of regulations under the Federal
Power Act (16 U.S.C. 791a et seq.).
``(j) Wind Energy Development Study.--The Secretary, in
consultation with appropriate Federal and State agencies, shall
conduct, and submit to Congress a report describing the results of, a
study on methods to increase transmission line capacity for wind energy
development.
``(k) Definitions.--In this section:
``(1) Base amount of electricity.--The term `base amount of
electricity' means the total amount of electricity sold by an
electric utility to electric consumers in a calendar year,
excluding municipal waste and electricity generated by a
hydroelectric facility (including a pumped storage facility,
but excluding incremental hydropower).
``(2) Distributed generation facility.--The term
`distributed generation facility' means a facility at a
customer site.
``(3) Existing renewable energy.--The term `existing
renewable energy' means, except as provided in paragraph
(7)(B), electric energy generated at a facility (including a
distributed generation facility) placed in service prior to
January 1, 2001, from solar, wind, or geothermal energy, ocean
energy, biomass (as defined in section 203(a) of the Energy
Policy Act of 2005), or landfill gas.
``(4) Geothermal energy.--The term `geothermal energy'
means energy derived from a geothermal deposit (within the
meaning of section 613(e)(2) of the Internal Revenue Code of
1986).
``(5) Incremental geothermal production.--
``(A) In general.--The term `incremental geothermal
production' means for any year the excess of--
``(i) the total kilowatt hours of
electricity produced from a facility (including
a distributed generation facility) using
geothermal energy; over
``(ii) the average annual kilowatt hours
produced at such facility for 5 of the previous
7 calendar years before the date of enactment
of this section after eliminating the highest
and the lowest kilowatt hour production years
in such 7-year period.
``(B) Special rule.--A facility described in
subparagraph (A) that was placed in service at least 7
years before the date of enactment of this section
shall, commencing with the year in which such date of
enactment occurs, reduce the amount calculated under
subparagraph (A)(ii) each year, on a cumulative basis,
by the average percentage decrease in the annual
kilowatt hour production for the 7-year period
described in subparagraph (A)(ii) with such cumulative
sum not to exceed 30 percent.
``(6) Incremental hydropower.--The term `incremental
hydropower' means additional energy generated as a result of
efficiency improvements or capacity additions made on or after
January 1, 2001, or the effective date of an existing
applicable State renewable portfolio standard program at a
hydroelectric facility that was placed in service before that
date. The term does not include additional energy generated as
a result of operational changes not directly associated with
efficiency improvements or capacity additions. Efficiency
improvements and capacity additions shall be measured on the
basis of the same water flow information used to determine a
historic average annual generation baseline for the
hydroelectric facility and certified by the Secretary or the
Federal Energy Regulatory Commission.
``(7) New renewable energy.--The term `new renewable
energy' means--
``(A) electric energy generated at a facility
(including a distributed generation facility) placed in
service on or after January 1, 2001, from--
``(i) solar, wind, or geothermal energy or
ocean energy;
``(ii) biomass (as defined in section
203(b) of the Energy Policy Act of 2005 (42
U.S.C. 15852(b));
``(iii) landfill gas; or
``(iv) incremental hydropower; and
``(B) for electric energy generated at a facility
(including a distributed generation facility) placed in
service prior to the date of enactment of this
section--
``(i) the additional energy above the
average generation in the 3 years preceding the
date of enactment of this section at the
facility from--
``(I) solar or wind energy or ocean
energy;
``(II) biomass (as defined in
section 203(b) of the Energy Policy Act
of 2005 (42 U.S.C. 15852(b));
``(III) landfill gas; or
``(IV) incremental hydropower.
``(ii) incremental geothermal production.
``(8) Ocean energy.--The term `ocean energy' includes
current, wave, tidal, and thermal energy.
``(l) Sunset.--This section expires on December 31, 2040.''.
(b) Table of Contents Amendment.--The table of contents of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601)
is amended by adding at the end of the items relating to title VI the
following:
``Sec. 610. Federal renewable portfolio standard.''. | Amends the Public Utility Regulatory Policies Act of 1978 to set forth a federal renewable energy portfolio standard applicable to calendar years 2010 to 2025.
Instructs the Secretary of Energy to establish: (1) a renewable energy credit trading program under which electric utilities shall submit to the Secretary renewable energy credits to certify their compliance with such standard; and (2) a state renewable energy account program for grants to state agencies to promote renewable energy production (including programs that promote technologies that reduce the use of electricity at customer sites such as solar water heating).
Requires the Federal Energy Regulatory Commission (FERC) to issue and enforce regulations to ensure that an electric utility recovers all prudently incurred costs associated with compliance with this Act.
Instructs the Secretary to study and report to Congress on methods to increase transmission line capacity for wind energy development. | A bill to amend the Public Utility Regulatory Policies Act of 1978 to provide a renewable portfolio standard, and other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catch-Up Lost Retirement Savings
Act''.
SEC. 2. ALLOWANCE OF CATCH-UP PAYMENTS.
(a) In General.--Section 219(b)(5) of the Internal Revenue Code of
1986 (relating to deductible amount) is amended by redesignating
subparagraph (C) as subparagraph (D) and by inserting after
subparagraph (A) the following new subparagraph:
``(C) Catch-up contributions for certain
individuals.--
``(i) In general.--In the case of an
eligible individual who elects to make a
qualified retirement contribution in addition
to the deductible amount determined under
subparagraph (A)--
``(I) the deductible amount for any
taxable year shall be increased by an
amount equal to 3 times the applicable
amount determined under subparagraph
(B) for such taxable year, and
``(II) subparagraph (B) shall not
apply.
``(ii) Eligible individual.--For purposes
of this subparagraph, the term `eligible
individual' means, with respect to any taxable
year, any individual who was a qualified
participant in a qualified cash or deferred
arrangement (as defined in section 401(k)) of
an employer described in clause (ii) under
which the employer matched at least 50 percent
of the employee's contributions to such
arrangement with stock of such employer.
``(iii) Employer described.--An employer is
described in this clause if, in any taxable
year preceding the taxable year described in
clause (ii)--
``(I) such employer (or any
controlling corporation of such
employer) was a debtor in a case under
title 11 of the United States Code, or
similar Federal or State law, and
``(II) such employer (or any other
person) was subject to an indictment or
conviction resulting from business
transactions related to such case.
``(iv) Qualified participant.--For purposes
of clause (ii), the term `qualified
participant' means any eligible individual who
was a participant in the cash or deferred
arrangement described in clause (i) at least 6
months before the filing of the case described
in clause (iii).
``(v) Termination.--This subparagraph shall
not apply to taxable years beginning after
December 31, 2007.''.
(b) Credit Allowed for Catch-Up Contributions.--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 25B the following new section:
``SEC. 25C. CERTAIN CATCH-UP IRA CONTRIBUTIONS.
``(a) Allowance of Credit.--In the case of an eligible individual
who makes an election under section 219(b)(5)(C) for the taxable year,
there shall be allowed as a credit against the tax imposed by this
chapter for such taxable year an amount equal to 50 percent of so much
of the qualified retirement savings contributions of the eligible
individual for the taxable year as do not exceed the increase in the
deductible amount determined under section 219(b)(5)(C).
``(b) Denial of Double Benefit.--No deduction or other credit shall
be allowed with respect to any contribution to which a credit is
allowed under subsection (a).
``(c) Investment in the Contract.--Notwithstanding any other
provision of law, a qualified retirement savings contribution shall not
fail to be included in determining the investment in the contract for
purposes of section 72 by reason of the credit under this section.
``(d) Termination.--This section shall not apply to taxable years
beginning after December 31, 2007.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Certain catch-up IRA
contributions.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Catch-Up Lost Retirement Savings Act - Amends the Internal Revenue Code to allow, until December 31, 2007, an individual who participated in a retirement plan under which the employer matched at least 50 percent of the employee's contribution with the employer's stock and whose employer filed for bankruptcy and was subject to a related prosecution resulting from business transactions to make three times the otherwise applicable deductible retirement contributions and to receive a credit for 50 percent for such contributions. | To amend the Internal Revenue Code of 1986 to assist individuals who have lost their 401(k) savings to make additional retirement savings through individual retirement account contributions, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Accounting Fairness Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Financial Accounting Standards Board was
established in 1972 as a private sector body to establish and
improve financial accounting principles.
(2) In 1973, the Securities and Exchange Commission, which
is statutorily empowered to prescribe accounting principles to
be used in financial statements filed with the Securities and
Exchange Commission and otherwise used pursuant to the Federal
securities laws, established a presumption that financial
statements that do not comply with financial accounting
principles promulgated by the Financial Accounting Standards
Board would be misleading and therefore in violation of those
laws.
(3) Since 1973, financial accounting principles established
by the Financial Accounting Standards Board accordingly have
generally had the full force and effect of Securities and
Exchange Commission regulations.
(4) Questions have been raised as to whether under these
circumstances persons aggrieved by a Financial Accounting
Standards Board pronouncement of financial accounting
principles would have the right to judicial review thereof, and
whether such pronouncements must comply with statutory and
other requirements applicable to the promulgation of Securities
and Exchange Commission.
(5) Congress believes it appropriate to provide that, under
these circumstances, such promulgations by the Financial
Accounting Standards Board are covered by statutory and other
requirements relating to the adoption of regulations by the
Securities and Exchange Commission, including provisions
relating to judicial review and provisions, among other things,
requiring that the Commission consider whether proposed
regulations would promote efficiency, competition, and capital
formation.
SEC. 3. AVAILABILITY OF JUDICIAL REVIEW.
Section 19 of the Securities Exchange Act of 1934 (15 U.S.C. 78s)
is amended--
(1) by adding at the end of the heading of such section the
following: ``; oversight of accounting principles''; and
(2) by adding at the end the following new subsection:
``(j) Review of Financial Accounting Principles.--
``(1) Express approval of accounting principles required.--
The Commission shall not treat any proposed accounting
principle of any accounting standards board as a generally
accepted accounting principle for purposes of any financial
statement, report, or other document required under any of the
securities laws unless such proposed accounting principle has
been approved by the Commission in accordance with the
requirements of this subsection. The Commission shall not treat
any such statement, report, or document as being without
substantial authoritative support because of the failure of
such statement, report, or document to comply with any proposed
accounting principle until such proposed accounting principle
has been approved by the Commission in accordance with the
requirements of this subsection, or the Commission has
otherwise expressly provided by rule or regulation.
``(2) Review of accounting principles.--Each accounting
standards board shall file with the Commission, in accordance
with such rules as the Commission may prescribe, copies of any
proposed accounting principle or any proposed change in,
addition to, or deletion from the accounting principles of such
board (hereinafter in this subsection collectively referred to
as a `proposed accounting principle') accompanied by a concise
general statement of the basis and purpose of such proposed
accounting principle. The Commission shall, upon the filing of any
proposed accounting principle, publish notice thereof together with the
terms of substance of the proposed accounting principle or a
description of the subjects and issues involved. The Commission shall
give interested persons a reasonable opportunity to submit written
data, views, and arguments concerning such proposed accounting
principle.
``(3) Procedure for review.--Within 35 days of the date of
publication of notice of the filing of a proposed accounting
principle in accordance with paragraph (2) of this subsection,
or within such longer period as the Commission may designate up
to 90 days of such date if it finds such longer period to be
appropriate and publishes its reasons for so finding or as to
which the accounting standards board consents, the Commission
shall--
``(A) by order approve such proposed accounting
principle, or
``(B) institute proceedings to determine whether
the proposed accounting principle should be
disapproved.
Such proceedings shall include notice of the grounds for
disapproval under consideration and opportunity for hearing and
be concluded within 180 days of the date of publication of
notice of the filing of the proposed accounting principle. At
the conclusion of such proceedings the Commission, by order,
shall approve or disapprove such proposed accounting principle.
The Commission may extend the time for conclusion of such
proceedings for up to 60 days if it finds good cause for such
extension and publishes its reasons for so finding or for such
longer period as to which the accounting standards board
consents. The Commission shall not approve any proposed
accounting principle prior to the 30th day after the date of
publication of notice of the filing thereof, unless the
Commission finds good cause for so doing and publishes its
reasons for so finding.
``(4) Grounds for approval.--The Commission shall approve a
proposed accounting principle of a board if it finds that such
proposed accounting principle is consistent with the public
interest and the protection of investors. The Commission shall
disapprove a proposed accounting principle of a board if it
does not make such finding. In determining whether such
proposed accounting principle is consistent with the public
interest, the Commission shall also consider, in addition to
the protection of investors, whether the principle will promote
efficiency, competition, and capital formation. The Commission
shall not approve a proposed accounting principle that would
impose a burden on competition not necessary or appropriate in
furtherance of the purposes of this title.
``(5) Consultation with banking agencies.--In reviewing any
proposed accounting principle that will apply to any persons
subject to examination by or reporting requirements of a
Federal banking agency, the Commission shall consult with and
consider the views of each such Federal banking agency. If a
Federal banking agency comments in writing on a proposed
accounting principle that has been published for comment, the
Commission shall respond in writing to such written comment
before approving or disapproving the proposed accounting
principle. The Commission shall, at the request of a Federal
banking agency, publish such comment and response in the
Federal Register at the time of approving or disapproving the
proposed accounting principle.
``(6) Agency record.--At the time of filing any proposed
accounting principle under paragraph (2), an accounting
standards board shall submit to the Commission the record of
its proceedings in connection with such principle. Such record
shall include all written comments or statements filed with the
accounting standards board with respect to the proposed
accounting principle and all written communications between the
accounting standards board and any person relating to the
proposed accounting principle. The Commission, in reviewing a
proposed accounting principle, shall keep in a public file and
make available for copying the record submitted by the
accounting standards board and all written statements filed
with the Commission with respect to the proposed accounting
principle and all written communications between the Commission
and any person relating to the proposed accounting principle.
The Commission shall not be required to keep in a public file
or make available for copying any such statement or
communication that it may withhold from the public in
accordance with section 552 of title 5, United States Code.
``(7) Judicial review available.--Any proposed accounting
principle that the Commission has approved under paragraph (4)
shall, for purposes of section 25 of this title, be considered
to be a rule of the Commission promulgated pursuant to this
section.
``(8) Definitions.--For purposes of this subsection:
``(A) Proposed accounting principle.--
``(i) Accounting principle.--The term
`accounting principle' means a statement or
interpretation of a standard or concept of, or
guidance with respect to, financial accounting
or reporting, but does not include any
technical bulletin, discussion memorandum,
invitation to comment, special or research
report, or response to an inquiry or other
request.
``(ii) Proposed accounting principle.--The
term `proposed accounting principle' means an
accounting principle that has been formally
adopted or ratified by the standard-setting
body of an accounting standards board.
``(B) Accounting standards board.--The term
`accounting standards board' means an accounting
standards-setting organization whose principles are,
pursuant to rules or regulations of the Commission,
treated by Commission as generally accepted accounting
principles for purposes of any financial statement,
report, or other document required to be filed under
any of the securities laws.
``(C) Federal banking agency.--The term `Federal
banking agency' has the meaning provided in section
3(z) of the Federal Deposit Insurance Act (12 U.S.C.
1813(z)).
``(9) Effective Date.--The provisions of this subsection
shall apply with respect to any accounting principle that is
formally adopted or ratified by the standard-setting body of an
accounting standards board on or after January 1, 1998.''. | Financial Accounting Fairness Act of 1998 - Amends the Securities Exchange Act of 1934 to prescribe guidelines under which the Securities and Exchange Commission (SEC) must review and approve accounting principles proposed by an accounting standards board as a prerequisite to SEC treatment of: (1) such proposals as generally accepted accounting principles; and (2) industry financial statements as being non-compliant with generally accepted accounting principles.
Includes within such guidelines: (1) SEC consideration of investor protection, and the promotion of efficiency, competition, and capital formation; (2) SEC consultation with Federal banking agencies; (3) a public file of the record engendered by a proposed accounting principle; and (4) the availability of judicial review. | Financial Accounting Fairness Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promote Opportunities With Energy
Resources for Cuba Act'' or ``POWER Cuba Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cuba produced an estimated 49,000 barrels per day of
petroleum and other liquid fuels for production of energy in
2014 and consumed 171,000 barrels per day of petroleum and
other liquids.
(2) Cuba imports most of its oil supply from Venezuela,
which provides crude oil at a heavily subsidized rate under a
2000 energy agreement.
(3) As of January 2015, Cuba had 124,000,000 barrels of
proven crude oil reserves, according to Oil and Gas Journal
(OGJ). The prospects of finding oil in the deep waters off the
northern coast of Cuba attracted many oil and gas companies
from around the world. However, due to geological and
technological challenges, offshore deep water exploration
activity has so far yielded no results. Exploration in Cuba has
now shifted onshore, to areas along Cuba's northern coast.
(4) Cuba has four refineries, all of which are owned by
Cuba Petroleos, the state-owned oil and natural gas company.
Total crude oil refining capacity was 301,400 barrels per day
in January 2015, according to Oil and Gas Journal.
(5) In an effort to diversify its energy portfolio, Cuba
has set a goal of producing 24 percent of its electricity from
renewable sources by 2030. Cuba's current renewable energy
output accounts for only 4.3 percent of its total electricity
production. To meet this goal, Union Electrica, the state-owned
power company, is planning 13 wind projects with a total
capacity of 633 megawatts. In addition, Cuba plans to add 755
megawatts of biomass-fired capacity, 700 megawatts of solar
capacity, and 56 megawatts of hydroelectric power.
(6) The end of trade restrictions could generate a new
market for many types of supplies and services from the United
States energy industry.
SEC. 3. OIL AND GAS EXPORTS.
(a) Energy Policy and Conservation Act.--Section 103 of the Energy
Policy and Conservation Act (42 U.S.C. 6212) is amended by adding at
the end the following:
``(g) This section shall not apply to the export of oil to Cuba.''.
(b) Natural Gas Act.--Section 3 of the Natural Gas Act (15 U.S.C.
717b) is amended by adding at the end the following:
``(g) This section shall not apply to the export of LNG to Cuba.''.
SEC. 4. EXPORT OF ENERGY RESOURCES, ENERGY TECHNOLOGIES, AND RELATED
SERVICES TO CUBA.
(a) In General.--Notwithstanding any other provision of law, the
President is authorized to permit any person subject to the
jurisdiction of the United States--
(1) to export energy resources and energy technologies to
Cuba;
(2) to export services related to energy resources and
energy technologies described in paragraph (1);
(3) to establish facilities related to energy resources and
energy technologies described in paragraph (1) and services
described in paragraph (2);
(4) to conduct any transaction incident to carrying out an
activity described in any of paragraphs (1) through (3); and
(5) to enter into, perform, and make and receive payments
under a contract with any individual or entity in Cuba with
respect to the provision of energy resources and energy
technologies described in paragraph (1) and services described
in paragraph (2).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and not less frequently than annually thereafter
for 4 years, the President shall submit to the relevant committees of
Congress a report on the implementation of this section.
(c) Definitions.--In this section:
(1) Energy resources.--The term ``energy resources'' means
conventional sources of energy, including oil, gas, coal,
petrochemicals, and nuclear energy.
(2) Energy technologies.--The term ``energy technologies''
means equipment and expertise to enable the production of
energy, including renewable sources of energy such as wind,
solar, hydro-power, geothermal, and bio-fuels.
(3) Person subject to the jurisdiction of the united
states.--The term ``person subject to the jurisdiction of the
United States'' means--
(A) any individual, wherever located, who is a
citizen or resident of the United States;
(B) any person located in the United States;
(C) any corporation, partnership, association, or
other organization organized under the laws of the
United States or of any State, territory, possession,
or district of the United States; and
(D) any corporation, partnership, association, or
other organization, wherever organized or doing
business, that is owned or controlled by a person or
organization described in subparagraph (A), (B), or
(C).
(4) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Committee on Foreign Affairs, the Committee
on Energy and Commerce, and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Energy and Natural Resources, and the
Committee on Appropriations of the Senate. | Promote Opportunities With Energy Resources for Cuba Act or the POWER Cuba Act This bill declares that oil and gas export restrictions under the Energy Policy and Conservation Act and the Natural Gas Act shall not apply to Cuba. The President may permit any person subject to U.S. jurisdiction to: (1) export energy resources, energy technologies, and related services to Cuba; (2) establish energy resource- and technology-related facilities there; (3) conduct related transactions; and (4) enter into and make and receive payments under a contract with any individual or entity in Cuba regarding the provision of energy resources and energy technologies. | POWER Cuba Act |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Transportation and
Regional Infrastructure Project Bonds Act of 2011'' or ``TRIP Bonds
Act''.
(b) References to Internal Revenue Code of 1986.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of the Internal Revenue Code of
1986.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Our Nation's highways, transit systems, railroads,
ports, and inland waterways drive our economy, enabling all
industries to achieve growth and productivity that makes
America strong and prosperous.
(2) The establishment, maintenance, and improvement of the
national transportation network is a national priority, for
economic, environmental, energy, security, and other reasons.
(3) The ability to move people and goods is critical to
maintaining State, metropolitan, rural, and local economies.
(4) The construction of infrastructure requires the skills
of numerous occupations, including those in the contracting,
engineering, planning and design, materials supply,
manufacturing, distribution, and safety industries.
(5) Investing in transportation infrastructure creates
long-term capital assets for the Nation that will help the
United States address its enormous infrastructure needs and
improve its economic productivity.
(6) Investment in transportation infrastructure creates
jobs and spurs economic activity to put people back to work and
stimulate the economy.
(7) Every billion dollars in transportation investment has
the potential to create up to 30,000 jobs.
(8) Every dollar invested in the Nation's transportation
infrastructure yields at least $5.70 in economic benefits
because of reduced delays, improved safety, and reduced vehicle
operating costs.
(9) Numerous experts have noted that the estimated cost to
maintain and improve our Nation's highways, bridges, and other
critical transportation infrastructure significantly exceeds
what is currently being provided by all levels of government.
(b) Purpose.--The purpose of this Act is to provide financing for
additional transportation infrastructure capital investments.
SEC. 3. CREDIT TO HOLDERS OF TRIP BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
is amended by adding at the end the following new section:
``SEC. 54G. TRIP BONDS.
``(a) TRIP Bond.--For purposes of this subpart, the term `TRIP
bond' means any bond issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this section for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a State infrastructure bank,
``(2) the bond is issued by a State infrastructure bank and
is in registered form (within the meaning of section 149(a)),
``(3) the State infrastructure bank designates such bond
for purposes of this section,
``(4) the term of each bond which is part of such issue
does not exceed 30 years,
``(5) the issue meets the requirements of subsection (e),
``(6) the State infrastructure bank certifies that it meets
the State contribution requirement of subsection (h) with
respect to such project, as in effect on the date of issuance,
and
``(7) the State infrastructure bank certifies the State
meets the requirement described in subsection (i).
``(b) Qualified Project.--For purposes of this section, the term
`qualified project' means the capital improvements to any
transportation infrastructure project of any governmental unit or other
person, including roads, bridges, rail and transit systems, ports, and
inland waterways proposed and approved by a State infrastructure bank,
but does not include costs of operations or maintenance with respect to
such project.
``(c) Applicable Credit Rate.--In lieu of section 54A(b)(3), for
purposes of section 54A(b)(2), the applicable credit rate with respect
to an issue under this section is the rate equal to an average market
yield (as of the day before the date of sale of the issue) on
outstanding long-term corporate debt obligations (determined in such
manner as the Secretary prescribes).
``(d) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds which may be designated under subsection (a) by any State
infrastructure bank shall not exceed the TRIP bond limitation
amount allocated to such bank under paragraph (3).
``(2) National limitation amount.--There is a TRIP bond
limitation amount for each calendar year. Such limitation
amount is--
``(A) $5,000,000,000 for 2011,
``(B) $5,000,000,000 for 2012,
``(C) $10,000,000,000 for 2013,
``(D) $10,000,000,000 for 2014,
``(E) $10,000,000,000 for 2015,
``(F) $10,000,000,000 for 2016, and
``(G) except as provided in paragraph (4), zero
thereafter.
``(3) Allocations to states.--The TRIP bond limitation
amount for each calendar year shall be allocated by the
Secretary among the States such that each State is allocated 2
percent of such amount.
``(4) Carryover of unused issuance limitation.--If for any
calendar year the TRIP bond limitation amount under paragraph
(2) exceeds the amount of TRIP bonds issued during such year,
such excess shall be carried forward to 1 or more succeeding
calendar years as an addition to the TRIP bond limitation
amount under paragraph (2) for such succeeding calendar year
and until used by issuance of TRIP bonds.
``(e) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the State infrastructure bank reasonably expects--
``(A) at least 100 percent of the available project
proceeds of such issue are to be spent for 1 or more
qualified projects within the 5-year expenditure period
beginning on such date,
``(B) to incur a binding commitment with a third
party to spend at least 10 percent of the proceeds of
such issue, or to commence construction, with respect
to such projects within the 12-month period beginning
on such date, and
``(C) to proceed with due diligence to complete
such projects and to spend the proceeds of such issue.
``(2) Rules regarding continuing compliance after 5-year
determination.--To the extent that less than 100 percent of the
available project proceeds of such issue are expended by the
close of the 5-year expenditure period beginning on the date of
issuance, the State infrastructure bank shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(f) Recapture of Portion of Credit Where Cessation of
Compliance.--If any bond which when issued purported to be a TRIP bond
ceases to be such a bond, the State infrastructure bank shall pay to
the United States (at the time required by the Secretary) an amount
equal to the sum of--
``(1) the aggregate of the credits allowable under section
54A with respect to such bond (determined without regard to
section 54A(c)) for taxable years ending during the calendar
year in which such cessation occurs and each succeeding
calendar year ending with the calendar year in which such bond
is redeemed by the bank, and
``(2) interest at the underpayment rate under section 6621
on the amount determined under paragraph (1) for each calendar
year for the period beginning on the first day of such calendar
year.
``(g) TRIP Bonds Trust Account.--
``(1) In general.--The following amounts shall be held in a
TRIP Bonds Trust Account:
``(A) The proceeds from the sale of all bonds
issued under this section.
``(B) The investment earnings on proceeds from the
sale of such bonds.
``(C) The amount described in paragraph (2).
``(D) Any earnings on any amounts described in
subparagraph (A), (B), or (C).
``(2) Appropriation of revenues.--There is hereby
transferred to the TRIP Bonds Trust Account an amount equal to
the lesser of--
``(A) the revenues resulting from the imposition of
fees pursuant to section 13031 of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c) for fiscal years beginning after September 30,
2011, or
``(B) $50,000,000,000.
``(3) Use of funds.--Amounts in the TRIP Bonds Trust
Account may be used only to pay costs of qualified projects and
redeem TRIP bonds, except that amounts withdrawn from the TRIP
Bonds Trust Account to pay costs of qualified projects may not
exceed the proceeds from the sale of TRIP bonds described in
subsection (a)(1).
``(4) Use of remaining funds in trip bonds trust account.--
Upon the redemption of all TRIP bonds issued under this
section, any remaining amounts in the TRIP Bonds Trust Account
shall be available to pay the costs of any qualified project.
``(5) Applicability of federal law.--The requirements of
any Federal law, including titles 23, 40, and 49 of the United
States Code, which would otherwise apply to projects to which
the United States is a party or to funds made available under
such law and projects assisted with those funds shall apply
to--
``(A) funds made available under the TRIP Bonds
Trust Account for similar qualified projects, including
contributions required under subsection (h), and
``(B) similar qualified projects assisted through
the use of such funds.
``(6) Investment.--Subject to subsections (e) and (f), it
shall be the duty of the Secretary to invest in investment
grade obligations such portion of the TRIP Bonds Trust Account
as is not, in the judgment of the Secretary, required to meet
current withdrawals. To the maximum extent practicable,
investments should be made in securities that support
infrastructure investment at the State and local level.
``(h) State Contribution Requirements.--
``(1) In general.--For purposes of subsection (a)(6), the
State contribution requirement of this subsection is met with
respect to any qualified project if the Secretary has received
from 1 or more States, not later than the date of issuance of
the bond, written commitments for matching contributions of not
less than 20 percent (or such smaller percentage as determined
under title 23, United States Code, for such State) of the cost
of the qualified project.
``(2) State matching contributions may not include federal
funds.--For purposes of this subsection, State matching
contributions shall not be derived, directly or indirectly,
from Federal funds, including any transfers from the Highway
Trust Fund under section 9503.
``(i) Utilization of Updated Construction Technology for Qualified
Projects.--For purposes of subsection (a)(7), the requirement of this
subsection is met if the appropriate State agency relating to the
qualified project is utilizing updated construction technologies.
``(j) Other Definitions and Special Rules.--For purposes of this
section--
``(1) State infrastructure bank.--
``(A) In general.--The term `State infrastructure
bank' means a State infrastructure bank established
under section 610 of title 23, United States Code, and
includes a joint venture among 2 or more State
infrastructure banks.
``(B) Special authority.--Notwithstanding any other
provision of law, a State infrastructure bank shall be
authorized to perform any of the functions necessary to
carry out the purposes of this section, including the
making of direct grants to qualified projects from
available project proceeds of TRIP bonds issued by such
bank.
``(2) Credits may be transferred.--Nothing in any law or
rule of law shall be construed to limit the transferability of
the credit or bond allowed by this section through sale and
repurchase agreements.
``(3) Prohibition on use of highway trust fund.--
Notwithstanding any other provision of law, no funds derived
from the Highway Trust Fund established under section 9503
shall be used to pay for credits under this section.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of the Internal Revenue
Code of 1986 is amended--
(A) by striking ``or'' at the end of subparagraph
(D),
(B) by inserting ``or'' at the end of subparagraph
(E),
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) a TRIP bond,'', and
(D) by inserting ``(paragraphs (3), (4), and (6),
in the case of a TRIP bond)'' after ``and (6)''.
(2) Subparagraph (C) of section 54A(d)(2) of such Code is
amended by striking ``and'' at the end of clause (iv), by
striking the period at the end of clause (v) and inserting ``,
and'', and by adding at the end the following new clause:
``(vi) in the case of a TRIP bond, a
purpose specified in section 54G(a)(1).''.
(c) Clerical Amendment.--The table of sections for subpart I of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 54G. TRIP bonds.''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 4. ADDITIONAL REVENUES THROUGH EXTENSION OF CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)), as amended by the
Omnibus Trade Act of 2010, is amended--
(1) by striking ``January 7, 2020'' in subparagraph (A) and
inserting ``January 7, 2048'', and
(2) by striking ``January 14, 2020'' in subparagraph (B)(i)
and inserting ``January 14, 2048''. | Transportation and Regional Infrastructure Project Bonds Act of 2011 or TRIP Bonds Act - Amends the Internal Revenue Code to allow an income tax credit for any TRIP bond issued by a state infrastructure bank as part of an issue, if 100% of the available project proceeds from such issue are to be used for expenditures incurred for one or more qualified projects. Requires proceeds from the sale of bonds issued under this Act to be held in a TRIP Bonds Trust Account.
Defines "qualified project" as the capital improvements to any transportation infrastructure project (including roads, bridges, rail and transit systems, ports, and inland waterways) proposed and approved by a state infrastructure bank.
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend certain customs fees for the processing of merchandise entered into the United States through specified dates in 2048. | A bill to provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes. |
SECTION 1. HIGHLY MIGRATORY SPECIES BYCATCH MORTALITY REDUCTION
RESEARCH PROGRAM.
(a) Establishment of a Program.--(1) There is established within
the National Marine Fisheries Service a pelagic longline highly
migratory species bycatch and mortality reduction research program. The
Program shall be developed by a design team established by the
Secretary of Commerce. The Program design shall be submitted to the
Secretary no later than 120 days after the first meeting of the design
team and shall include a statistically significant recommendation for
the level of observer coverage on pelagic longline fishing vessels that
is necessary to monitor the fishery effectively and participate in the
research program. The design team shall be available as a resource to
the Secretary throughout the research and the development of the
recommendations.
(2) The program shall identify and test a variety of pelagic
longline fishing gear configurations and uses and determine which of
those configurations and uses are the most effective in reducing highly
migratory species mortality. The program shall place an emphasis on
determining the gear configurations and uses that are the most
effective in reducing blue and white marlin mortality in the exclusive
economic zone of the United States in the Atlantic Ocean. The program
shall also include a provision for observers to be placed on pelagic
longline fishing vessels for the purposes of monitoring the fishery and
participating in the research program.
(3) The highly migratory species program shall conduct research to
determine the impact of existing time and area closures designed to
reduce the bycatch of longline vessels. The program shall focus on
whether existing closures should be modified to decrease bycatch by
longline vessels and shall determine what adjustments to the existing
boundaries and temporal constraints should be made as a result of any
research. Any vessel participating in the program shall be provided an
observer by the National Marine Fisheries Service. The full cost of the
observer and any incidental costs to the vessel as a result of being
included in the research program shall be paid for by the National
Marine Fisheries Service. The National Marine Fisheries Service may
authorize, without notice and comment, scientific research permits
authorizing a vessel to enter and fish in any closed area in the
Atlantic Ocean so long as there is 100 percent observer coverage and
the activities of the vessel are in furtherance of the research
program. Access to any closed area may be granted only after
consideration of the scientific need for access.
(b) Design Team.--(1) Knowledgeable members of the pelagic longline
fishing sector, the recreational billfish and tuna sector, and the
conservation community, along with scientists associated with each such
entity, shall be appointed by the Secretary to the program design team.
Each of the sectors shall to the extent practicable be fairly
represented on the design team. The design team shall not exceed nine
members only one of which may be an employee of the Federal Government.
The design team shall select a chairman and establish its own rules of
operation. Each member of the design team who is not employed by the
Federal Government shall be compensated in the manner provided for
members of a Fishery Management Council under section 302(d) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(d)).
(2) The design team shall not be considered to be an advisory
committee for the purposes of the Federal Advisory Committee Act (5
U.S.C. App.), but shall hold its deliberations in meetings for which
prior noticed is published in the Federal Register and that are open to
the public.
(c) Mid-Atlantic Conservation Zone for Highly Migratory Species.--
Section 304(g) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(g)) is amended by adding at the end the
following:
``(3) Mid-atlantic conservation zone for highly migratory
species.--
``(A) No person shall engage in pelagic longline
fishing--
``(i) in the lower mid-Atlantic
Conservation Zone in the period beginning
August 15 and ending October 1 each year; or
``(ii) in the upper mid-Atlantic
Conservation Zone in the period beginning July
15 and ending September 1 each year.
``(B) In this paragraph the term `lower mid-
Atlantic Conservation Zone' means the area that is
enclosed by a series of geodesics connecting in
succession the points at the following coordinates:
``(i) 36 degrees 30 minutes north latitude,
75 degrees 0 minutes west longitude.
``(ii) 37 degrees 0 minutes north latitude,
75 degrees 0 minutes west longitude.
``(iii) 38 degrees 0 minutes north
latitude, 74 degrees 0 minutes west longitude.
``(iv) 38 degrees 0 minutes north latitude,
73 degrees 0 minutes west longitude.
``(v) 37 degrees 0 minutes north latitude,
74 degrees 0 minutes west longitude.
``(vi) 36 degrees 30 minutes north
latitude, 75 degrees 0 minutes west longitude.
``(C) In this paragraph the term `upper mid-
Atlantic Conservation Zone' means the area that is
enclosed by a series of geodesics connecting in
succession the points at the following coordinates:
``(i) 38 degrees 0 minutes north latitude,
74 degrees 0 minutes west longitude.
``(ii) 40 degrees 0 minutes north latitude,
72 degrees 0 minutes west longitude.
``(iii) 39 degrees 0 minutes north
latitude, 72 degrees 0 minutes west longitude.
``(iv) 38 degrees 0 minutes north latitude,
73 degrees 0 minutes west longitude.
``(v) 38 degrees 0 minutes north latitude,
74 degrees 0 minutes west longitude.
``(D) This paragraph shall not apply after the end
of the 4-year period beginning on the date of the
enactment of this paragraph.''.
(d) Report to Congress.--The Secretary of Commerce shall submit to
the Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate--
(1) an interim report of the findings of the research
conducted under this section within two years after the date of
enactment of this Act; and
(2) a final report with the necessary regulatory documents
to initiate implementation of any adjustments to time and area
closures, gear configurations, or fishing techniques warranted
as a result of the research.
(e) Authorization of Appropriations.--For research under this
section there is authorized to be appropriated to the Secretary of
Commerce $5,000,000 for fiscal years 2004 through 2008. | Creates within the National Marine Fisheries Service (NMFS) a pelagic longline highly migratory species bycatch and mortality reduction research program, to be developed by a design team established by the Secretary of Commerce.Requires the program to determine the impact of existing time and area closures designed to reduce bycatch of longline vessels. Authorizes the NMFS to grant permits for vessels with NMFS-provided observers to fish in closed areas of the Atlantic Ocean in furtherance of the research program.Amends the Magnuson-Stevens Fishery Conservation and Management Act to close to pelagic longline fishing the lower mid-Atlantic Conservation Zone between August 15 and October 1 and the upper mid-Atlantic Conservation Zone between July 15 and October 1 of each year. | To establish in the National Marine Fisheries Service a pelagic longline highly migratory species bycatch and mortality reduction research program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Water Access and Equity
Act''.
SEC. 2. INTERNATIONAL WATER ISSUES DIPLOMATIC COORDINATOR.
Section 1 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) International Water Issues Diplomatic Coordinator.--
``(1) Establishment of position.--There is established
within the Department of State in the immediate office of the
Secretary of State a Coordinator of United States Government
Diplomatic Initiatives to Provide Safe Water and Sanitation
Globally (in this subsection referred to as the `Coordinator'),
who shall be appointed by the President, by and with the advice
and consent of the Senate. The Coordinator shall report
directly to the Secretary.
``(2) Duties.--
``(A) In general.--The Coordinator shall perform
such duties and exercise such powers as the Secretary
of State shall prescribe.
``(B) Specific duties.--
``(i) Advising the secretary of state.--The
Coordinator shall be the Secretary of State's
principal advisor on efforts of the United
States Government to ensure that developing
countries have affordable and equitable access
to safe water and sanitation.
``(ii) Monitoring united states diplomatic
policy.--The Coordinator shall monitor the
diplomatic policy of the United States
Government and shall formulate ways in which
such policy may be used to further the goal of
ensuring that developing countries have access
to safe water and sanitation, including the
objectives expressed in the Senator Paul Simon
Water for the Poor Act of 2005 (22 U.S.C. 2152h
note) and the amendments made by that Act.
``(3) Definition.--For purposes of this subsection, the
term `safe water' means water for drinking, household use, and
crop irrigation.''.
SEC. 3. ADMINISTRATION OF GLOBAL WATER AID.
(a) Bureau for Global Water Aid.--The Senator Paul Simon Water for
the Poor Act of 2005 (22 U.S.C. 2152h note) is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following new
section:
``SEC. 11. BUREAU FOR GLOBAL WATER AID.
``(a) Establishment.--There is established within the United States
Agency for International Development a Bureau for Global Water Aid (in
this section referred to as the `Bureau').
``(b) Assistant Administrator.--The Bureau shall be headed by an
Assistant Administrator for Global Water Aid (in this section referred
to as the `Assistant Administrator'), who shall be appointed by the
President, by and with the advice and consent of the Senate. The
Assistant Administrator shall report directly to the Administrator of
the United States Agency for International Development.
``(c) Duties of Assistant Administrator.--The Assistant
Administrator shall be responsible for the oversight and coordination
of all United States Government activities to provide safe water and
sanitation to developing countries, including implementation of this
Act and the amendments made by this Act.
``(d) Staff.--The Bureau shall be staffed by such persons as the
Assistant Administrator considers necessary to carry out the
responsibilities of the Assistant Administrator.''.
(b) Authorization Under the Foreign Assistance Act of 1961.--
(1) Authorization.--Subsection (b) of the second section
135 of the Foreign Assistance Act of 1961 (22 U.S.C. 2152h(b)),
as added by section 5(a) of the Senator Paul Simon Water for
the Poor Act of 2005 (22 U.S.C. 2152h note), is amended by
inserting after ``the President'' the following: ``, acting
through the Assistant Administrator for Global Water Aid,''.
(2) Definition.--Such section is further amended by adding
at the end the following new subsection:
``(e) Definition.--For purposes of this section, the term `safe
water' means water for drinking, household use, and crop irrigation.''.
(3) Redesignation and conforming amendments.--
(A) Redesignation.--Chapter 1 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.)
is amended by redesignating the second section 135 (22
U.S.C. 2152h), as added by section 5(a) of the Senator
Paul Simon Water for the Poor Act of 2005 (22 U.S.C.
2152h note), as section 136.
(B) Conforming amendments.--The Senator Paul Simon
Water for the Poor Act of 2005 (22 U.S.C. 2152h note)
is amended by striking ``section 135'' each place it
appears and inserting ``section 136''.
(c) Authorization Under the Agricultural Trade Development and
Assistance Act of 1954.--Section 104(c)(9) of the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1704(c)(9)) is
amended--
(1) by striking ``section 135'' and inserting ``section
136''; and
(2) by adding at the end the following new sentence: ``For
purposes of this paragraph, the term `safe water' means water
for drinking, household use, and crop irrigation.''.
(d) Division of Responsibility Under the Senator Paul Simon Water
for the Poor Act of 2005.--
(1) Safe water and sanitation strategy.--Section 6 of the
Senator Paul Simon Water for the Poor Act of 2005 (22 U.S.C.
2152h note) is amended--
(A) in subsection (c), by striking ``Secretary of
State, acting through the Administrator of the United
States Agency for International Development,'' and
inserting ``Administrator of the United States Agency
for International Development'';
(B) in subsection (g)--
(i) in paragraph (2)(A), by striking
``Secretary of State'' and inserting
``Administrator of the United States Agency for
International Development''; and
(ii) in paragraph (3)(A), by striking
``Committee on International Relations'' and
inserting ``Committee on Foreign Affairs''; and
(C) by adding at the end the following new
subsection:
``(h) Definition.--For purposes of this Act, the term `safe water'
means water for drinking, household use, and crop irrigation.''.
(2) Sense of congress regarding development of local
capacity.--Section 8 of such Act (22 U.S.C. 2152h note) is
amended by striking ``Secretary of State'' and inserting
``Administrator of the United States Agency for International
Development''.
(3) Report regarding water for peace and security.--Section
10(b) of such Act (22 U.S.C. 2152h note) is amended--
(A) by striking ``The Secretary of State, in
consultation with the Administrator of the United
States Agency for International Development,'' and
inserting ``The Administrator of the United States
Agency for International Development, in consultation
with the Secretary of State,''; and
(B) by striking ``Committee on International
Relations'' and inserting ``Committee on Foreign
Affairs''.
(4) Further division of responsibility.--Such Act (22
U.S.C. 2152h note) is further amended--
(A) by redesignating section 12 (as redesignated by
subsection (a) of this section) as section 13; and
(B) by inserting after section 11 the following new
section:
``SEC. 12. DIVISION OF RESPONSIBILITY.
``(a) Coordination.--In overseeing and coordinating United States
Government activities to provide safe water and sanitation to
developing countries, the Administrator of the United States Agency for
International Development shall coordinate with the Secretary of State
to ensure that the manner of carrying out such activities is consistent
with the overall diplomatic policy of the United States. The Secretary
of State shall, to the maximum extent feasible, make such activities a
priority of the diplomatic policy of the United States.
``(b) Rule of Construction.--For purposes of sections 6 through 10
and subsection (a) of this section--
``(1) any reference to the Secretary of State shall be
deemed to be a reference to the Secretary of State, acting
through the Coordinator of United States Government Diplomatic
Initiatives to Provide Safe Water and Sanitation Globally,
established by section 1(g) of the State Department Basic
Authorities Act of 1956; and
``(2) any reference to the Administrator of the United
States Agency for International Development shall be deemed to
be a reference to the Administrator of the United States Agency
for International Development, acting through the Assistant
Administrator for Global Water Aid, established by section 11
of this Act.''.
SEC. 4. SENSE OF CONGRESS ON PROMOTION OF EFFICIENT USE OF WATER.
It is the sense of Congress that the policy of the United States
Government should promote more efficient use of existing water supplies
in developing countries (including through superior methods of
irrigation), as well as the development of additional reliable water
supplies.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for each
of the fiscal years 2012 through 2016 such sums as may be necessary to
carry out this Act and the amendments made by this Act.
(b) Other Amounts.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) shall be in addition
to the amounts otherwise available to carry out this Act and the
amendments made by this Act.
(c) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in subsection (a) are authorized to
remain available until expended. | Global Water Access and Equity Act - Amends the State Department Basic Authorities Act of 1956 to establish within the Department of State a Coordinator of United States Government Diplomatic Initiatives to Provide Safe Water and Sanitation Globally, who shall be appointed by the President, by and with the advice and consent of the Senate.
Directs the Coordinator to: (1) be the Secretary of State's principal advisor on efforts to ensure that developing countries have affordable and equitable access to safe water and sanitation; and (2) monitor U.S. diplomatic policy and formulate ways in which such policy may be used to further the goal of ensuring that developing countries have access to safe water and sanitation, including the objectives expressed in the Senator Paul Simon Water for the Poor Act of 2005.
Amends the Senator Paul Simon Water for the Poor Act of 2005 to establish within the United States Agency for International Development (USAID) a Bureau for Global Water Aid which shall be responsible for the oversight and coordination of all activities to provide safe water and sanitation to developing countries.
Expresses the sense of Congress that U.S. policy should promote more efficient use of existing water supplies in developing countries, as well as the development of additional reliable water supplies. | To improve efforts of the United States Government to ensure that developing countries have affordable and equitable access to safe water and sanitation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United Nations Withdrawal Act of
1995''.
SEC. 2. REPEAL OF UNITED NATIONS PARTICIPATION ACT.
(a) Repeal.--Effective 4 years after the date of the enactment of
this Act, the United Nations Participation Act of 1945 (Public Law 79-
264) is repealed.
(b) Closure of United States Mission to United Nations.--Effective
4 years after the date of the enactment of this Act, the United States
Mission to the United Nations shall be closed and all staff and any
remaining functions of such office shall be carried out through the
Secretary of State and the Department of State.
(c) Notice.--Not later than 1 year before the effective date of the
repeal under subsection (a), the Secretary of State shall notify the
United Nations of the withdrawal of the United States from the United
Nations as of the effective date of the repeal under subsection (a).
SEC. 3. REPEAL OF UNITED NATIONS HEADQUARTERS AGREEMENT ACT.
(a) Repeal.--Effective 4 years after the date of the enactment of
this Act, the United Nations Headquarters Agreement Act (Public Law 80-
357) is repealed.
(b) Notice.--Not later than 1 year before the effective date of the
repeal under subsection (a), the Secretary of State shall notify the
United Nations that the United States will unilaterally withdraw from
the agreement between the United States of America and the United
Nations regarding the headquarters of the United Nations (signed at
Lake Success, New York, on June 26, 1947, which was brought into effect
by the United Nations Headquarters Agreement Act) as of the effective
date of the repeal under subsection (a).
(c)Negotiations for New Agreement.--It is the sense of the Congress
that the President should enter into such negotiations as are necessary
for a new agreement with the United Nations for essential and necessary
services such as utilities and police protection and compensation for
such services. Any such new agreement shall be submitted to the
Congress for approval prior to implementation.
SEC. 4. UNITED STATES ASSESSED AND VOLUNTARY CONTRIBUTIONS TO THE
UNITED NATIONS.
(a) Reduction.--Except as provided in subsection (c), for the first
fiscal year beginning after the date of the enactment of this Act and
for each of the 3 subsequent fiscal years, the total amount which is
authorized to be appropriated or otherwise made available for assessed
and voluntary contributions of the United States to the United Nations
shall be the total amount appropriated or otherwise made available for
the previous fiscal year reduced by 25 percent.
(b) Termination.--For any fiscal year beginning more than 4 years
after the date of the enactment of this Act, no funds are authorized to
be appropriated or otherwise made available for assessed or voluntary
contributions of the United States to the United Nations.
(c) Limitation.--The provisions of this section shall not apply to
any independent or voluntary agency of the United Nations.
SEC. 5. SPECIAL ENVOY.
(a) Special Envoy.--Effective 4 years after the date of the
enactment of this Act, the President, by and with the advice and
consent of the Senate, shall appoint a special envoy to represent the
United States in all matters concerning the United States and the
International Atomic Energy Agency and the Nuclear Non-Proliferation
Treaty, who shall have the rank of ambassador.
(b) Prohibition.--Notwithstanding any other provision of law, the
duties and functions of the special envoy appointed pursuant to
subsection (a) shall be limited to representation of the United States
in matters concerning the International Atomic Energy Agency and the
Nuclear Non-Proliferation Treaty.
SEC. 6. UNITED NATIONS PEACEKEEPING OPERATIONS.
(a) Reductions.--For the first fiscal year beginning after the date
of the enactment of this Act and for each of the 3 subsequent fiscal
years, the total amount which is authorized to be appropriated or
otherwise made available for United States assessed or voluntary
contributions for peacekeeping operations of the United Nations shall
not exceed the amount appropriated or otherwise made available for such
peacekeeping operations for fiscal year 1995.
(b) Termination.--For any fiscal year beginning more than 4 years
after the date of the enactment of this Act, no funds are authorized to
be appropriated or otherwise made available for any United States
contribution to any United Nations peacekeeping operation.
(c) Limitations on United States Participation in United Nations
Peacekeeping Operations.--For any fiscal year beginning more than 4
years after the date of the enactment of this Act, no funds may be
obligated or expended to support the participation of any member of the
Armed Forces of the United States as part of any United Nations
peacekeeping operation or force.
SEC. 7. REPEAL OF UNITED NATIONS EDUCATIONAL, SCIENTIFIC, AND CULTURAL
ORGANIZATION ACT.
(a) Repeal.--Effective 4 years after the date of the enactment of
this Act, the United Nations Educational, Scientific, and Cultural
Organization Act (Public Law 79-565) is repealed.
(b) Notice.--Not later than 1 year before the effective date of the
repeal under subsection (a), the Secretary of State shall notify the
United Nations that the United States will withdraw from membership in
the United Nations Educational, Scientific, and Cultural Organization
as of the effective date of the repeal under subsection (a).
SEC. 8. SENSE OF CONGRESS REGARDING UNITED NATIONS HEADQUARTERS
PRESENCE IN THE UNITED STATES.
It is the sense of the Congress that the United States should
request the withdrawal of the United Nations headquarters (and its
affiliated missions) from the United States. | United Nations Withdrawal Act of 1995 - Repeals: (1) the United Nations Participation Act of 1945; (2) the United Nations Headquarters Agreement Act; and (3) the United Nations Educational, Scientific, and Cultural Organization Act.
(Sec. 2) Requires closure of the United States Mission to the United Nations (UN). Requires the Secretary of State to notify the UN of U.S. withdrawal from it.
(Sec. 4) Limits the total amount appropriated for each of the four fiscal years following enactment of this Act for the U.S. assessed or voluntary contribution to the United Nations to the total amount appropriated for the previous fiscal year reduced by 25 percent. Prohibits, after the fourth such fiscal year, the appropriation of funds for such U.S. contribution.
(Sec. 5) Directs the President, by and with the advice and consent of the Senate, to appoint a special envoy to represent the United States in all matters concerning it and the International Atomic Energy Agency and the Nuclear Non-Proliferation Treaty.
(Sec. 6) Limits the total amount appropriated for each of the four fiscal years following enactment of this Act for the U.S. assessed or voluntary contribution for peacekeeping operations of the UN to no more than the amount appropriated for such activities for FY 1995. Prohibits, after the fourth such fiscal year, the appropriation of funds for such activities.
(Sec. 7) Requires the Secretary to notify the UN of the U.S. withdrawal from membership in the United Nations Educational, Scientific, and Cultural Organization.
(Sec. 8) Expresses the sense of the Congress that the United States should request the withdrawal of the U.N. headquarters and its affiliated missions from the United States. | United Nations Withdrawal Act of 1995 |
That this Act may be
cited as ``The Small Business Prepayment Penalty Relief Act of 1993''.
TITLE II
Sec. 201. Buy-Downs and Interest Rate Reductions.--(a) Upon the
request of the issuer, annually the Administration is authorized to
buy-down the interest rate on any debenture purchased by the Federal
Financing Bank (1) which has been issued by a development company
pursuant to the provisions of section 503 of the Investment Act or (2)
which has been issued by a small business investment company pursuant
to the provisions of section 303 of such Act. The buy-down shall be
limited to the current year only. As used in this section, the term
``buy-down'' means a payment from the Administration to the Federal
Financing Bank in an amount determined by the Administration to reduce
the interest payment for that year to an amount equal to 7.5 per centum
of the outstanding principal amount of the debenture.
(b) Upon the request of the issuer, annually the Administration is
authorized to reduce the interest rate on any debenture issued by a
small business investment company licensed pursuant to the provisions
of section 301(d) of the Investment Act. The reduction shall be limited
to the current year only. The amount of the reduction shall be an
amount determined by the Administration to make the interest payment
for that year equal to 7.5 per centum of the outstanding principal
amount of the debenture, less the amount of any other reductions or
credits otherwise provided by law.
TITLE III
Sec. 301. Prepayments.--(a) Annually, after the regular
Appropriations Act has been signed into law providing funding for the
Administration, the Administration shall calculate the amount needed to
carry out the provisions of section 201 of this Act. If it determines
that it has sufficient funding to fully carry out the buy-downs and
reductions authorized by such section, it shall obtain from the Federal
Financing Bank a computation of the amount of the prepayment penalty
which would be required from the issuer of each such debenture if it
was prepaid as of the end of the current fiscal year. The
Administration shall also compute the amount of the prepayment penalty
on 301(d) debentures as if such debentures had been sold to the Federal
Financing Bank.
(b) After making the above determinations, the Administration shall
promptly notify the issuer of each debenture subject to the provisions
of section 201 of this Act that it will receive offers from any
interested issuer to prepay the debenture in full. The issuer shall
include in any offer amount of the full prepayment penalty, or assumed
prepayment penalty in the case of a debenture from a 301(d) issuer,
less any amount proposed by the issuer to be paid by the Administration
pursuant to the provisions of this title. The notification to the
issuer shall include such information as the Administration determines
to be appropriate, but shall include--
(1) the amount of funds available to carry out this title;
(2) a computation of the total amount of the prepayment
penalties and assumed prepayment penalties if all issuers
prepaid;
(3) the amount of the prepayment penalty or assumed
prepayment penalty for the issuer receiving the notification;
(4) the time period during which the Administration will
accept offers; and
(5) a description of the process under which the
Administration will evaluate, give priority to, and accept
submission of offers pursuant to this title.
(c) Within 30 days after termination of the period for submission
of offers, the Administration shall evaluate each offer and shall
assign each a priority. The priority shall be based upon the per centum
of the prepayment penalty which the issuer offers to pay, with the
highest per centum receiving the highest priority. The Administration
shall approve offers beginning with the one with the highest priority
and continuing until it utilizes all funds available to carry out this
title in the current fiscal year.
Sec. 302. Prepaying Development Company Debentures.--(a) For
purposes of this section, the term ``issuer'' means the issuer of a
debenture which has been purchased by the Federal Financing Bank
pursuant to section 503 of the Investment Act, and the term
``borrower'' means the small business concern whose loan secures a
debenture issued pursuant to such section.
(b) The issuer of a debenture purchased by the Federal Financing
Bank and guaranteed by the Small Business Administration under section
503 of the Investment Act may offer to prepay such debenture pursuant
to section 301 of this Act: Provided, That--
(1) the debenture is outstanding on the date of enactment
of this Act, and neither the loan that secures the debenture
nor the debenture is in default on the date the prepayment is
made;
(2) State or personal funds, which may include refinancing
under the programs authorized by sections 504 and 505 of the
Investment Act are used to prepay the debenture; and
(3) the issuer certifies that the benefits, net of fees and
expenses authorized herein, associated with prepayment of the
debenture are entirely passed through to the borrower.
(c) No fees or penalties other than those specified in this section
may be imposed as a condition of such prepayment against the issuer or
the borrower, or the Administration or any fund or account administered
by the Administration, except as provided in this Act. If the debenture
is prepaid or refinanced other than through section 504, the issuer may
require the borrower or pay a fee to the issuer in an amount equal to
one-half of one percent of the unpaid principal balance of the
debenture. If a debenture is refinanced with a guarantee pursuant to
section 504, the issuer may require the borrower to pay a fee to the
issuer in an amount equal to one-fourth of one percent of the unpaid
balance of the debenture.
(d) Debentures refinanced under section 504 shall be subject to all
of the other provisions of sections 504 and 505 of the Investment Act
and the rules and regulations of the Administration promulgated
thereunder, including, but not limited to, payment of authorized
expenses and commissions, fees and discounts to brokers and dealers in
trust certificates issued pursuant to section 505: Provided however,
That the issuer shall be deemed to have waived any origination fee on
the new debenture to which it otherwise would have been entitled.
Sec. 303. Prepaying Specialized Small Business Investment Company
Debentures.--(a) Any specialized small business investment company
which is the issuer of a debenture purchased by the Administration
under title III of the Investment Act may offer to prepay the debenture
pursuant to the provisions of section 301 of this Act: Provided, That--
(1) the debenture is outstanding on the date of enactment
of this Act and is not in default on the date the prepayment is
made; and
(2) personal funds, which may include refinancing with
proceeds of debentures under title III of the Investment Act,
are used to prepay the debenture, except that if new guaranteed
debenture proceeds are utilized, the length of time of the
interest rate reduction authorized by such title shall be
reduced by the length of time the issuer received an interest
rate reduction on the debenture being prepaid.
(b) No fees or penalties other than those specified in this section
may be imposed as a condition of such prepayment against the issuer,
the Administration or any fund or account administered by the
Administration, except as expressly provided herein.
Sec. 304. Prepaying Regular Small Business Investment Company
Debentures.--(a) Any small business investment company which is the
issuer of a debenture guaranteed by the Administration under title III
of the Investment Act and purchased by the Federal Financing Bank may
offer to prepay the debenture pursuant to section 301 of this Act:
Provided, That--
(1) the debenture is outstanding on the date of enactment
of this Act and is not in default on the date the prepayment is
made; and
(2) personal funds, which may include refinancing with
proceeds of guaranteed debentures under title III of the
Investment Act, are used to prepay the debenture.
(b) No fees or penalties other than those specified in this section
may be imposed as a condition of such prepayment against the issuer,
the Administration or any fund or account administered by the
Administration, except as expressly provided herein.
(c) Debentures refinanced under title III of the Investment Act
shall be subject to all of the other provisions of such Act, including,
but not limited to, payment of authorized expenses and commissions,
fees or discounts to brokers and dealers in trust certificates issued
pursuant to section 321.
TITLE IV
Sec. 401. Miscellaneous Provisions.--(a) The provisions of this Act
are exercisable at the option of the borrower under section 302 of this
Act or at the option of a small business investment company under
sections 303 and 304 of this Act and are in addition to any prepayment
options otherwise authorized by law.
(b) Within sixty days of the date of enactment of this Act, the
Small Business Administration shall issue regulations to implement this
Act.
(c) Any new credit or spending authority provided for in this Act
is subject to amounts provided for in advance in appropriations acts.
Sec. 402. Authorization.--(a) There are authorized to be
appropriated such sums as may be necessary to carry out the provisions
of this Act.
(b) In the administration of this Act, the Administration shall not
obligate any funds pursuant to title III of this Act in any fiscal year
unless it has provided the full amount of assistance authorized and
requested pursuant to title II of this Act.
(c) If sufficient funds are not appropriated for any fiscal year to
fully carry out the buy-downs and reductions authorized and requested
pursuant to title II of this Act, the Administration shall buy-down and
reduce the interest rates to the extent that funds are available for
that year, but may not utilize any funds to carry out title III.
Sec. 403. As used in this Act--
(a) the term ``Administration'' means the Small Business
Administration; and
(b) the term ``Investment Act'' means the Small Business
Investment Act of 1958. | Small Business Prepayment Penalty Relief Act of 1993 -
Title II (sic)
- Authorizes the Small Business Administration (SBA), upon the request of the issuer, to annually buy-down the interest rate on any debenture purchased by the Federal Financing Bank which has been issued by a development company or a small business investment company (SBIC) pursuant to appropriate provisions of the Small Business Investment Act of 1958. Allows such buy-down to reduce such interest rate to 7.5 percent annually.
Title III
- Directs the SBA, after the appropriations Act for each year has been enacted, to calculate the amount needed to carry out the buy-downs authorized in title II. Allows the SBA, after such determination, to notify the debenture issuers that it will receive offers from any interested issuer to prepay the debenture in full. Requires a prioritization of such offers based on the amount of prepayment penalty an issuer offers to pay. Prohibits the imposition against the issuer, the borrower, or the SBA of fees or penalties (with exceptions) as a condition of such prepayment.
Allows regular and specialized SBICs which are the issuer of a debenture purchased by the SBA under such Act to offer to prepay the debenture under prior provisions of this Act, subject to specified conditions, and with the same prohibition against the imposition of fees or penalties for such prepayment.
Title IV
- Authorizes appropriations. | Small Business Prepayment Penalty Relief Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Disclosure Enhancement Act
of 2007''.
SEC. 2. AMENDMENTS TO THE TRUTH IN LENDING ACT.
The Truth In Lending Act (15 U.S.C. 1601 et seq.) is amended by
inserting after section 129 the following new section:
``SEC. 129A. ENHANCED MORTGAGE DISCLOSURES.
``(a) Definitions.--As used in this section, the term `mortgage
loan' means any consumer credit transaction in which a security
interest is or will be retained or acquired in any real property
located in the United States which is or, upon completion of the
transaction, will be used as the dwelling of the consumer.
``(b) Disclosures for Mortgage Loans.--Subject to the rules of the
Board, with respect to a mortgage loan, the creditor shall disclose to
the consumer, in addition to any other disclosures required under this
title--
``(1) the amount of the loan;
``(2) the percentage of the loan, as compared to the
appraised value of the property;
``(3) the term of the loan;
``(4) the monthly income of the borrower, as relied upon in
making the loan;
``(5) if the annual percentage rate of interest is fixed--
``(A) the applicable annual percentage rate of
interest for the loan;
``(B) the amount of the monthly payment on the
loan;
``(C) an estimate of the monthly payment, plus
taxes and insurance; and
``(D) the percentage of the stated monthly income
of the borrower represented by the monthly payment,
plus taxes and insurance;
``(6) if the annual percentage rate of interest is
variable--
``(A) the initial interest rate;
``(B) the duration of the initial interest rate;
``(C) an estimate of the monthly payment amount
associated with the initial interest rate;
``(D) an estimate of the monthly payment associated
with the initial interest rate, plus taxes and
insurance;
``(E) the percentage of the stated monthly income
of the borrower represented by the estimated monthly
payment associated with the initial interest rate, plus
taxes and insurance;
``(F) the date on which the interest rate will be
adjusted or reset;
``(G) the fully indexed rate (expressed as an
estimate of the interest rate after it is adjusted or
reset);
``(H) an estimate of the monthly payment amount
associated with the fully indexed interest rate;
``(I) the percentage of the stated monthly income
of the borrower represented by the estimated monthly
payment associated with the fully indexed interest
rate;
``(J) an estimate of the monthly payment associated
with the fully indexed rate, plus taxes and insurance;
and
``(K) an estimate of the maximum possible
applicable annual percentage rate of interest,
including language expressing that if there is no
maximum rate, the applicable State usury rate shall be
disclosed;
``(7) if the loan represents a subordinate lien (also
referred to as a `piggyback loan') on the real property
securing the loan, a brief statement that the loan is
subordinate to an existing primary lien, and that the amount of
the loan and estimated monthly payments described in the
disclosure are in addition to any amounts arising from existing
loan obligations;
``(8) in any case in which a prepayment fee or penalty may
be imposed with respect to the loan--
``(A) the amount of such fee or penalty; and
``(B) a brief description, in plain English, of the
circumstances or events which would trigger the
imposition of the prepayment fee or penalty;
``(9) in any case in which a balloon payment may be
required with respect to the loan--
``(A) the date on which the balloon payment is due,
and the estimated amount of the balloon payment; and
``(B) a brief statement, in plain English, that a
balloon payment mortgage does not fully pay off the
loan, that a large balloon payment of the remaining
principal will be required at the end of the loan term,
and that many borrowers must secure another loan to
make the balloon payment;
``(10) if the borrower has a `payment option' loan--
``(A) a disclosure that the loan is a payment
option loan; and
``(B) a brief statement, in plain English, that a
payment option loan has negative amortization, which
can result in the loan balance becoming higher than the
original amount of the loan, even if the borrower makes
all payments on time;
``(11) total points to be paid at closing, with an
explanation that points are a fee that the borrower pays to the
lender, expressed as a percentage of the total loan; and
``(12) the total actual closing costs, including points, if
known, and if not known, the total estimated closing costs,
including points.
``(c) Timing of Disclosures.--The disclosures required by this
section shall be provided to the consumer at the time of approval of
the mortgage loan, but in no case later than 7 days before the date on
which the mortgage loan is consummated.
``(d) Format.--Disclosures required by this section shall be
presented to the consumer in the form and manner which the Board shall
prescribe by regulation--
``(1) in a simple, clearly legible, and uniform tabular
format, in accordance with subsection (e);
``(2) to the extent possible, as a one-page, single
document;
``(3) when provided in conjunction with or at the same time
as other required written disclosures, as the first of such
documents; and
``(4) in an easily readable font size.
``(e) Tabular Format.--
``(1) In general.--In the regulations prescribed under
subsection (d)(1), the Board shall require that the disclosure
of such information shall be in the form of a table, which--
``(A) contains clear and concise headings for each
item of such information; and
``(B) provides a clear and concise form for stating
each item of information required to be disclosed under
each such heading.
``(2) Board discretion in prescribing order and wording of
table.--In prescribing the form of the table under paragraph
(1), the Board may--
``(A) list the items required to be included in the
table in a different order than the order in which such
items are set forth in subsection (b); and
``(B) employ terminology which is different from
the terminology employed in subsection (b), if such
terminology conveys substantially the same meaning.
``(f) Rules for Reduction of Time Limit of Disclosure Requirements
to 24 Hours.--The Board shall, by rule, provide for procedures to
reduce the time limit described in subsection (c) to 24 hours prior to
the consummation of the mortgage, to the extent that the Board
determines necessary and appropriate, except that such rules shall
provide for a time limit reduction only at the request of the borrower,
and only in those limited circumstances in which the borrower needs to
consummate the mortgage transaction in a more expedited manner than
would otherwise be permitted under this section.
``(g) Tolerances for Accuracy.--The provisions of section 106(f),
relating to tolerances for accuracy, and any rules of the Board issued
under that subsection, shall apply to disclosures required under this
section.''.
SEC. 3. AMENDMENT TO REAL ESTATE SETTLEMENT PROCEDURES.
Section 4 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2603) is amended by adding at the end the following:
``(c) Truth in Lending Act Disclosures.--The form required under
section 129A of the Truth in Lending Act shall be provided to the
borrower at the time of settlement by the person conducting the
settlement, in addition to any other disclosures required by this Act.
In no case may a federally related mortgage loan be consummated if such
form has not been provided to the borrower, both at the time of the
approval of the loan, in accordance with that section 129A, and at
settlement.''. | Mortgage Disclosure Enhancement Act of 2007 - Amends the Truth In Lending Act to require additional mortgage loan disclosures by a creditor to a consumer, including: (1) ) the percentage of the loan, as compared to the appraised value of the property; (2) the term of the loan; (3) the monthly income of the borrower, as relied upon in making the loan; (4) the annual percentage rate of interest for loans that are fixed, and for loans that are variable; (5) prepayment fees; and (6) balloon payments.
Amends the Real Estate Settlement Procedures Act of 1974 to conform with this Act. | A bill to provide for improved disclosures by all mortgage lenders at the loan approval and settlement stages of all mortgage loans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consequences for Russia's Arms
Control Violations Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A public report in the New York Times on January 29,
2014, revealed that the Russian Federation is no longer in
compliance with 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,
commonly referred to as the Intermediate-Range Nuclear Forces
(INF) Treaty, signed at Washington December 8, 1987, and
entered into force June 1, 1988.
(2) On April 29, 2014, Acting Assistant Secretary of State
for Arms Control, Verification and Compliance Anita E. Friedt
stated in testimony before the Committee on Foreign Affairs of
the House of Representatives that, ``[w]e have concerns about
Russian compliance with the INF Treaty. We have raised them
with Russia and are pressing for clear answers in an effort to
resolve our concerns because of the importance of the INF
Treaty to Euro-Atlantic security. We've briefed our NATO allies
on our concerns and will continue to coordinate with them on
this and other matters that affect our common security. We have
been keeping Congress informed on this matter through briefings
with relevant congressional committees and will continue to do
so. We will continue to work with Russia to resolve our
concerns, and to encourage mutual steps to help foster a more
stable, resilient, transparent security relationship. We're not
going to drop the issue until our concerns have been
addressed.''.
(3) On March 5, 2014, the Deputy Assistant Secretary of
Defense for Nuclear and Missile Defense Policy, Ms. Elaine Bunn
said to the Committee on Armed Services of the Senate, ``[W]e
are concerned about Russian activity that appears to be
inconsistent with the Intermediate Range Nuclear Forces Treaty.
We've raised the issue with Russia. They provided an answer
that was not satisfactory to us, and we will, we told them that
the issue is not closed, and we will continue to raise this.''.
(4) On April 2, 2014, the Commander, U.S. European Command,
and Supreme Allied Commander Europe, General Breedlove, stated
that, ``A weapon capability that violates the INF, that is
introduced into the greater European land mass is absolutely a
tool that will have to be dealt with . . . I would not judge
how the alliance will choose to react, but I would say they
will have to consider what to do about it . . . It can't go
unanswered.''.
(5) The Russian Federation succeeded to the INF Treaty
obligations of the Union of Soviet Socialist Republics in a
declaration issued at Biskek, Kyrgyzstan, in October 1992.
(6) The flight test or deployment of any INF-banned weapon
delivery vehicle by the Russian Federation constitutes a
militarily significant violation of the INF Treaty.
(7) The INF Treaty has unlimited duration, but, under the
terms of the Treaty, inspections and continuous monitoring of
Russian missile production under the Treaty ceased on June 1,
2001, thus the Treaty no longer offers any verification to
detect any militarily significant violations.
(8) A major problem exists with respect to the application
of the INF Treaty to any new ballistic or cruise missile that
is flight tested or otherwise flown once at a range not
prohibited by the Treaty (that is a range less than 500
kilometers or more than 5,500 kilometers) but will be flown at
a range that is banned by the Treaty (at a range that is
between 500 and 5,500 kilometers) as a weapon delivery vehicle.
(9) President Obama has not made use of any INF Treaty-
provided means to address Russian noncompliance with the
Treaty, to include convening a meeting of the Treaty's Special
Verification Commission under Article XIII of the Treaty.
(10) The Committee on Foreign Relations of the Senate noted
in its 1988 report on the INF Treaty that, ``In the event
Soviet actions appear to contradict their obligations under the
treaty, Congress should be kept fully informed. Any
questionable activity should be fully discussed in the Special
Verification Commission. If the Soviet Union has not, after a
sufficient period of time, satisfied United States concerns or
ceased the activity in question, and if the Soviet activity is
deemed to be militarily significant, the President should
propose implementation of an appropriate and proportionate
response.''.
(11) The Administration has not made any serious or
credible effort, over several years, to respond to violations
by the Russian Federation of its obligations under the INF
Treaty.
(12) The INF Treaty is no longer effectively verifiable.
(13) The Russian Federation's actions, as detailed in the
January 29, 2014, report of the New York Times have defeated
the object and purpose of the INF Treaty.
(14) Continued noncompliance by the Russian Federation with
its obligations under the INF Treaty and continued United
States adherence to the INF Treaty, in light of failure to
respond in a timely manner to Russian noncompliance, places the
supreme interests of the United States and its allies in the
North Atlantic Treaty Organization (NATO) in jeopardy.
(15) The Russian Federation has violated its obligations
under the 1994 Budapest Memorandum on Security Assurances and
has rendered null the effect and assurances of the NATO-Russia
Founding Act of 1997.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Russian Federation, through its flight testing of
both a ballistic missile intended for intermediate-range
targets as well its flight testing of a ground-launched cruise
missile prohibited by the INF Treaty has acted contrary to the
object and purpose of a central purpose of the Treaty and is
therefore in material breach of its obligations under the
Treaty; and
(2) the President, after consultation with United States
allies directly affected by such Russian Federation ballistic
missiles or cruise missiles, should take such actions as the
President determines to be necessary to deny the Russian
Federation any militarily significant advantage resulting from
its noncompliance with the INF Treaty.
SEC. 4. LIMITATION ON FUNDS FOR PROGRAMS, PROJECTS, OR ACTIVITIES OF
THE U.S.-RUSSIA BILATERAL PRESIDENTIAL COMMISSION.
No funds made available to the Department of State may be used to
carry out programs, projects, or activities of the U.S.-Russia
Bilateral Presidential Commission until the President certifies to the
appropriate congressional committees that the Russian Federation as of
the date of the certification has or has not flight tested a ballistic
missile at strategic range in a configuration (booster stages, post-
boost vehicle, or reentry vehicles) that is unlike a configuration that
is used for remaining tests of the system at ranges that are prohibited
under the INF Treaty.
SEC. 5. PROGRAM TO RESEARCH AND DEVELOP GROUND-LAUNCHED CRUISE MISSILE
AND GROUND-LAUNCHED BALLISTIC MISSILE CAPABILITIES.
(a) Program Required.--The President shall establish and carry out
a program to research and develop ground-launched cruise missile and
ground-launched ballistic missile capabilities, including by
modification of exiting United States military capabilities, with a
range between 500 and 5,500 kilometers.
(b) Study and Report.--
(1) Study.--The President shall conduct a study for
potential sites of the cruise missile and ballistic missile
capabilities specified in subsection (a). In conducting the
study, the President shall consider selecting sites on United
States overseas military bases and sites offered by United
States allies.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains the
results of the study.
(c) Waiver.--The President may waive the requirement to establish
and carry out the program under subsection (a) if, on or before October
1, 2014, the President certifies to the appropriate congressional
committees that--
(1) the Russian Federation is in compliance with all of its
obligations under the INF Treaty; and
(2) the Russian Federation has verifiably and completely
eliminated any military system that it has developed, flight
tested, and deployed in violation of the INF Treaty.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the President $100,000,000 for fiscal year 2015 to
carry out the program under subsection (a).
SEC. 6. ADDITIONAL DEFENSIVE RESPONSES TO RUSSIAN FEDERATION'S
VIOLATION OF INF TREATY.
The Secretary of Defense shall ensure that the Aegis Ashore sites
in Romania and Poland are deployed, consistent with the timelines
established in the Ballistic Missile Defense Review of 2010, with an
operational capability to defend against short-, medium-, and
intermediate-range ballistic missiles and cruise missiles launched by
the Russian Federation.
SEC. 7. SANCTIONS.
(a) In General.--If, on or before the date that is 180 days after
the date of the enactment of this section, the President does not
certify to the appropriate congressional committees that the Russian
Federation is not developing or deploying any military system that
violates or circumvents the INF Treaty, the President shall impose the
sanctions described in subsection (b).
(b) Sanctions Described.--The sanctions referred to in subsection
(a) are the following:
(1) The President shall suspend any cooperation with the
Russian Federation related to any aspect of the United States
program for national, theater, or regional missile defense,
including any provision of any data generated by the United
States in any test of any missile defense technology.
(2) The President shall deny any license pursuant to
section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077
b.) for the export of any nuclear material, equipment, or
technology to the Russian Federation.
(3) The President shall terminate the United States of the
Agreement Between the Government of the United States of
America and the Government of the Russian Federation for
Cooperation in the Field of Peaceful Uses of Nuclear Energy,
entered into force January 12, 2011, in accordance with the
provisions of Article 20(1) of that Agreement.
(4) The President shall not award any United States
Government contract to a private or public entity in the
Russian Federation.
(c) Waiver.--The President may waive the requirement to impose
sanctions under this section beginning on or after the date on which
the President certifies to the appropriate congressional committees
that the Russian Federation has provided to the United States the
following:
(1) A list of all intermediate-range and shorter-range
missiles, as such terms are defined in the INF Treaty, as well
as their launchers, support structures, and support equipment
that are not intermediate-range and shorter-range missiles
listed under Article III of the Treaty as existing types and
which have been designed, developed, flight tested or deployed
by the Russian Federation since June 1, 2001.
(2) A list of all deployment bases for any intermediate-
range and shorter-range missiles, as such terms are defined in
the INF Treaty, including in particular, any base for any road-
mobile, ground-launched ballistic and cruise missiles that are
not bases at which such missiles were located on June 1, 2001.
(3) A list of all flight tests carried out by the Russian
Federation for any new type of ground-launched ballistic or
cruise missile which has been flight tested at one or more
times below a range of 500 kilometers or above 5,500
kilometers.
(4) A list of all production facilities used for the design
and development of any ballistic or cruise missile that is
prohibited under the INF Treaty.
(5) A description of the reasons that the Government of the
Russian Federation has provided for undertaking the design,
development, and deployment of any ballistic or cruise missile
that is prohibited under the INF Treaty.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate.
(2) INF treaty or treaty.--The term ``INF Treaty'' or
``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, commonly referred to as the Intermediate-Range
Nuclear Forces (INF) Treaty, signed at Washington December 8,
1987, and entered into force June 1, 1988. | Consequences for Russia's Arms Control Violations Act of 2014 - Expresses the sense of Congress that: the Russian Federation is in material breach of its Intermediate-Range Nuclear Forces (INF) Treaty obligations through its prohibited flight testing of both ballistic intermediate-range and cruise missiles, and the President should take actions to deny the Russian Federation any militarily significant advantage resulting from its noncompliance. Prohibits the use of Department of State funds to carry out programs of the U.S.-Russia Bilateral Presidential Commission until the President certifies to Congress that the Russian Federation has or has not performed certain prohibited ballistic missile flight tests. Directs: the President to establish a program to develop certain ground-launched cruise missile and ground-launched ballistic missile capabilities; and the Secretary of Defense (DOD) to ensure that the Aegis Ashore sites in Romania and Poland are deployed with an operational capability to defend against cruise missiles and short-, medium-, and intermediate-range ballistic missiles launched from the Russian Federation. Authorizes the President to waive the requirement to establish such missile development program if the Russian Federation is in compliance with its Treaty obligations and has eliminated any military system that was developed and deployed in violation of the Treaty. States that, if the President does not certify to Congress that the Russian Federation is not developing or deploying any military system that violates or circumvents the Treaty, the President shall: suspend any cooperation with the Russian Federation related to any aspect of the U.S. program for national, theater, or regional missile defense; deny any license for the export of nuclear material, equipment, or technology to the Russian Federation; terminate the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy; and not award any U.S. government contract to a private or public entity in the Russian Federation. Authorizes the President to waive such sanctions in specified circumstances. | Consequences for Russia's Arms Control Violations Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Consent Decree Fairness
Act''.
SEC. 2. FINDINGS.
Congress finds that the United States Supreme Court, in its
unanimous decision in Frew v. Hawkins, 540 U.S. 431 (2004), found the
following:
(1) Consent decrees may ``lead to federal court oversight
of state programs for long periods of time even absent an
ongoing violation of federal law,''. 540 U.S. 431, 441.
(2) ``If not limited to reasonable and necessary
implementations of federal law, remedies outlined in consent
decrees involving state officeholders may improperly deprive
future officials of their designated legislative and executive
powers.''. 540 U.S. 431, 441.
(3) ``The federal court must exercise its equitable powers
to ensure that when the objects of the decree have been
attained, responsibility for discharging the State's
obligations is returned promptly to the State and its
officials.''. 540 U.S. 431, 442.
(4) ``As public servants, the officials of the State must
be presumed to have a high degree of competence in deciding how
best to discharge their governmental responsibilities.''. 540
U.S. 431, 442.
(5) ``A State, in the ordinary course, depends upon
successor officials, both appointed and elected, to bring new
insights and solutions to problems of allocating revenues and
resources. The basic obligations of federal law may remain the
same, but the precise manner of their discharge may not.''. 540
U.S. 431, 442.
SEC. 3. LIMITATION ON CONSENT DECREES.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Consent decrees
``(a) Definition.--In this section, the term `consent decree'--
``(1) means any order imposing injunctive or other
prospective relief against a State or local government, or a
State or local official against whom suit is brought, that is
entered by a court of the United States and is based in whole
or part upon the consent or acquiescence of the parties; and
``(2) does not include--
``(A) any private settlement agreement;
``(B) any order arising from an action filed
against a government official that is unrelated to his
or her official duties;
``(C) any order entered by a court of the United
States to implement a plan to end segregation of
students or faculty on the basis of race, color, or
national origin in elementary schools, secondary
schools, or institutions of higher education; and
``(D) any order entered in any action in which one
State is an adverse party to another State.
``(b) Limitation on Duration.--
``(1) In general.--A State or local government, or a State
or local official who is a party to a consent decree (or the
successor to that individual) may file a motion under this
section with the court that entered the consent decree to
modify or terminate the consent decree upon the earliest of--
``(A) 4 years after the consent decree is
originally entered by a court of the United States,
regardless of whether the consent decree has been
modified or reentered during that period;
``(B) in the case of a civil action in which a
State or an elected State official is a party, the date
of expiration of the term of office of the highest
elected State official who is a party to the consent
decree;
``(C) in the case of a civil action in which a
local government or elected local government official
is a party, the date of expiration of the term of
office of the highest elected local government official
who is a party to the consent decree;
``(D) in the case of a civil action in which the
consent to the consent decree was authorized by an
appointed State or local official, the date of
expiration of the term of office of the elected
official who appointed that State or local official, or
the highest elected official in that State or local
government; or
``(E) the date otherwise provided by law.
``(2) Burden of proof.--
``(A) In general.--With respect to any motion filed
under paragraph (1), the burden of proof shall be on
the party who originally filed the civil action to
demonstrate that the denial of the motion to modify or
terminate the consent decree or any part of the consent
decree is necessary to prevent the violation of a
requirement of Federal law that--
``(i) was actionable by such party; and
``(ii) was addressed in the consent decree.
``(B) Failure to meet burden of proof.--If a party
fails to meet the burden of proof described in
subparagraph (A), the court shall terminate the consent
decree.
``(C) Satisfaction of burden of proof.--If a party
meets the burden of proof described in subparagraph
(A), the court shall ensure that any remaining
provisions of the consent decree represent the least
restrictive means by which to prevent such a violation.
``(3) Ruling on motion.--
``(A) In general.--The court shall rule
expeditiously on a motion filed under this subsection.
``(B) Scheduling order.--Not later than 30 days
after the filing of a motion under this subsection, the
court shall enter a scheduling order that--
``(i) limits the time of the parties to--
``(I) file motions; and
``(II) complete any required
discovery; and
``(ii) sets the date or dates of any
hearings determined necessary.
``(C) Stay of injunctive or prospective relief.--In
addition to any other orders authorized by law, the
court may stay the injunctive or prospective relief set
forth in the consent decree in an action under this
subsection if a party opposing the motion to modify or
terminate the consent decree seeks any continuance or
delay that prevents the court from entering a final
ruling on the motion within 180 days after the date on
which the motion is filed.
``(c) Other Federal Court Remedies.--The provisions of this section
shall not be interpreted to prohibit a Federal court from entering a
new order for injunctive or prospective relief to the extent that it is
otherwise authorized by Federal law.
``(d) Available State Court Remedies.--The provisions of this
section shall not prohibit the parties to a consent decree from seeking
appropriate relief under State law.''.
(b) Conforming Amendment.--The table of sections for chapter 111 of
title 28, United States Code, is amended by adding at the end the
following:
``1660. Consent decrees.''.
SEC. 4. GENERAL PRINCIPLES.
(a) No Effect on Other Laws Relating to Modifying or Vacating
Consent Decrees.--Nothing in the amendments made by section 3 shall be
construed to preempt or modify any other provision of law providing for
the modification or vacating of a consent decree.
(b) Further Proceedings Not Required.--Nothing in the amendments
made by section 3 shall be construed to affect or require further
judicial proceedings relating to prior adjudications of liability or
class certifications.
SEC. 5. DEFINITION.
In this Act, the term ``consent decree'' has the meaning given that
term in section 1660(a) of title 28, United States Code, as added by
section 3 of this Act.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and apply to any consent decree
regardless of--
(1) the date on which the order of the consent decree is
entered; or
(2) whether any relief has been obtained under the consent
decree before such date of enactment. | Federal Consent Decree Fairness Act - Amends the federal judicial code to authorize any state or local government or related official (or successor) to file a motion to modify or terminate a federal consent decree upon the earliest of: (1) four years after the consent decree is originally entered; (2) in the case of a civil action in which a state or state official, or a local government or local government official, is a party, the expiration date of the term of office of the highest state or local government official who is a party to the consent decree; or (3) a date otherwise provided by law.
Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that the denial of the motion to modify or terminate a consent decree (or any part of it) is necessary to prevent the violation of a federal requirement that was: (1) actionable by such party, and (2) addressed in the consent decree.
Requires a court, within 30 days after the filing of a motion, to enter a scheduling order that: (1) limits the time of the parties to file motions and complete discovery, and (2) sets the date or dates of any necessary hearings.
Authorizes a court to stay the injunctive or prospective relief set forth in the consent decree if a party opposing the motion to modify or terminate it seeks any continuance or delay that prevents the court from entering a final ruling on the motion within 180 days after its filing. | To amend chapter 111 of title 28, United States Code, to limit the duration of Federal consent decrees to which State and local governments are a party, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Disability Workload
Liability Resolution Act of 2009''.
SEC. 2. PAYMENT OF MEDICARE LIABILITY TO STATES AS A RESULT OF THE
SPECIAL DISABILITY WORKLOAD PROJECT.
(a) In General.--The Secretary, in consultation with the
Commissioner, shall work with each State to reach an agreement, not
later than 6 months after the date of enactment of this Act, on the
amount of a payment for the State related to the Medicare program
liability as a result of the Special Disability Workload project,
subject to the requirements of subsection (c).
(b) Payments.--
(1) Deadline for making payments.--Not later than 30 days
after reaching an agreement with a State under subsection (a),
the Secretary shall pay the State, from the amounts
appropriated under paragraph (2), the payment agreed to for the
State.
(2) Appropriation.--Out of any money in the Treasury not
otherwise appropriated, there is appropriated $4,000,000,000
for fiscal year 2010 for making payments to States under
paragraph (1).
(3) Limitations.--In no case may the aggregate amount of
payments made by the Secretary to States under paragraph (1)
exceed $4,000,000,000.
(c) Requirements.--The requirements of this subsection are the
following:
(1) Federal data used to determine amount of payments.--The
amount of the payment under subsection (a) for each State is
determined on the basis of the most recent Federal data
available, including the use of proxies and reasonable
estimates as necessary, for determining expeditiously the
amount of the payment that shall be made to each State that
enters into an agreement under this section. The payment
methodology shall consider the following factors:
(A) The number of SDW cases found to have been
eligible for benefits under the Medicare program and
the month of the initial Medicare program eligibility
for such cases.
(B) The applicable non-Federal share of
expenditures made by a State under the Medicaid program
during the time period for SDW cases.
(C) Such other factors as the Secretary and the
Commissioner, in consultation with the States,
determine appropriate.
(2) Conditions for payments.--A State shall not receive a
payment under this section unless the State--
(A) waives the right to file a civil action (or to
be a party to any action) in any Federal or State court
in which the relief sought includes a payment from the
United States to the State related to the Medicare
liability under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) as a result of the Special
Disability Workload project; and
(B) releases the United States from any further
claims for reimbursement of State expenditures as a
result of the Special Disability Workload project
(other than reimbursements being made under agreements
in effect on the date of enactment of this Act as a
result of such project, including payments made
pursuant to agreements entered into under section 1616
of the Social Security Act or section 211(1)(1)(A) of
Public Law 93-66).
(3) No individual state claims data required.--No State
shall be required to submit individual claims evidencing
payment under the Medicaid program as a condition for receiving
a payment under this section.
(4) Ineligible states.--No State that is a party to a civil
action in any Federal or State court in which the relief sought
includes a payment from the United States to the State related
to the Medicare liability under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.) as a result of the
Special Disability Workload project shall be eligible to
receive a payment under this section while such an action is
pending or if such an action is resolved in favor of the State.
(d) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(2) Medicaid program.--The term ``Medicaid program'' means
the program of medical assistance established under title XIX
of the Social Security Act (42 U.S.C. 1396a et seq.) and
includes medical assistance provided under any waiver of that
program approved under section 1115 or 1915 of such Act (42
U.S.C. 1315, 1396n) or otherwise.
(3) Medicare program.--The term ``Medicare program'' means
the program established under title XVIII of the Social
Security Act (42 U.S.C. 1395 et seq.).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(5) Sdw case.--The term ``SDW case'' means a case in the
Special Disability Workload project involving an individual
determined by the Commissioner to have been eligible for
benefits under title II of the Social Security Act (42 U.S.C.
401 et seq.) for a period during which such benefits were not
provided to the individual and who was, during all or part of
such period, enrolled in a State Medicaid program.
(6) Special disability workload project.--The term
``Special Disability Workload project'' means the project
described in the 2008 Annual Report of the Board of Trustees of
the Federal Old-Age and Survivors Insurance and Federal
Disability Insurance Trust Funds, H.R. Doc. No. 110-104, 110th
Cong. (2008).
(7) State.--The term ``State'' means each of the 50 States
and the District of Columbia. | Special Disability Workload Liability Resolution Act of 2009 - Directs the Secretary of Health and Human Services to work with each state to reach an agreement on the amount of a payment for the state related to the Medicare program liability under title XVIII of the Social Security Act as a result of the Special Disability Workload project. (The special workload was the result of discovering a substantial number of recipients of Supplemental Security Income [SSI] benefits whose disability insured status under the title II [OASDI] Disability Insurance program was not previously recognized.)
Prohibits any such payment to a state unless it: (1) waives the right to file a civil action (or to be a party to any action) in federal or state court in which the relief sought includes a payment to the state from the United States related to such Medicare liability; and (2) releases the United States from any further claims for reimbursement of state expenditures as a result of the Special Disability Workload project. | A bill to require the Secretary of Health and Human Services to enter into agreements with States to resolve outstanding claims for reimbursement under the Medicare program relating to the Special Disability Workload project. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Nuclear Technology
Development Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Nuclear energy generates approximately 20 percent of
the total electricity and approximately 60 percent of the
carbon-free electricity of the United States.
(2) Nuclear power plants operate consistently at a 90
percent capacity factor, and provide consumers and businesses
with reliable and affordable electricity.
(3) Nuclear power plants generate billions of dollars in
national economic activity through nationwide procurements and
provide thousands of Americans with high paying jobs
contributing substantially to the local economies in
communities where they operate.
(4) The United States commercial nuclear industry must
continue to lead the international civilian nuclear
marketplace, because it is one of our most powerful national
security tools, guaranteeing the safe, secure, and exclusively
peaceful use of nuclear energy.
(5) Maintaining the Nation's nuclear fleet of commercial
light water reactors and expanding the use of new advanced
reactor designs would support continued production of reliable
baseload electricity and maintain United States global
leadership in nuclear power.
(6) Nuclear fusion technology also has the potential to
generate electricity with significantly increased safety
performance and no radioactive waste.
(7) The development of advanced reactor designs would
benefit from a performance-based, risk-informed, efficient, and
cost-effective regulatory framework with defined milestones and
the opportunity for applicants to demonstrate progress through
Nuclear Regulatory Commission approval.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced nuclear reactor.--The term ``advanced nuclear
reactor'' means--
(A) a nuclear fission reactor with significant
improvements over the most recent generation of nuclear
fission reactors, which may include inherent safety
features, lower waste yields, greater fuel utilization,
superior reliability, resistance to proliferation, and
increased thermal efficiency; or
(B) a nuclear fusion reactor.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Licensing.--The term ``licensing'' means NRC activities
related to reviewing applications for licenses, permits, and
design certifications, and requests for any other regulatory
approval for nuclear reactors within the responsibilities of
the NRC under the Atomic Energy Act of 1954.
(4) National laboratory.--The term ``National Laboratory''
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) NRC.--The term ``NRC'' means the Nuclear Regulatory
Commission.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 4. AGENCY COORDINATION.
The NRC and the Department shall enter into the a memorandum of
understanding regarding the following topics:
(1) Technical expertise.--Ensuring that the Department has
sufficient technical expertise to support the civilian nuclear
industry's timely research, development, demonstration, and
commercial application of safe, innovative advanced reactor
technology and the NRC has sufficient technical expertise to
support the evaluation of applications for licenses, permits,
and design certifications, and other requests for regulatory
approval for advanced reactors.
(2) Modeling and simulation.--The use of computers and
software codes to calculate the behavior and performance of
advanced reactors based on mathematical models of their
physical behavior.
(3) Facilities.--Ensuring that the Department maintains and
develops the facilities to enable the civilian nuclear
industry's timely research, development, demonstration, and
commercial application of safe, innovative reactor technology
and ensuring that the NRC has access to such facilities, as
needed.
SEC. 5. ADVANCED REACTOR REGULATORY FRAMEWORK.
(a) Plan Required.--Not later than 1 year after the date of
enactment of this Act, the NRC shall transmit to Congress a plan for
developing an efficient, risk-informed, technology-neutral framework
for advanced reactor licensing. The plan shall evaluate the following
subjects, consistent with the NRC's role in protecting public health
and safety and common defense and security:
(1) The unique aspects of advanced reactor licensing and
any associated legal, regulatory, and policy issues the NRC
will need to address to develop a framework for licensing
advanced reactors.
(2) Options for licensing advanced reactors under existing
NRC regulations in title 10 of the Code of Federal Regulations,
a proposed new regulatory framework, or a combination of these
approaches.
(3) Options to expedite and streamline the licensing of
advanced reactors, including opportunities to minimize the time
from application submittal to final NRC licensing decision and
minimize the delays that may result from any necessary
amendments or supplements to applications.
(4) Options to expand the incorporation of consensus-based
codes and standards into the advanced reactor regulatory
framework to minimize time to completion and provide
flexibility in implementation.
(5) Options to make the advanced reactor licensing
framework more predictable. This evaluation should consider
opportunities to improve the process by which application
review milestones are established and maintained.
(6) Options to allow applicants to use phased review
processes under which the NRC issues approvals that do not
require the NRC to re-review previously approved information.
This evaluation shall consider the NRC's ability to review and
conditionally approve partial applications, early design
information, and submittals that contain design criteria and
processes to be used to develop information to support a later
phase of the design review.
(7) The extent to which NRC action or modification of
policy is needed to implement any part of the plan required by
this subsection.
(8) The role of licensing advanced reactors within NRC
long-term strategic resource planning, staffing, and funding
levels.
(9) Options to provide cost-sharing financial structures
for license applicants in a phased licensing process.
(b) Coordination and Stakeholder Input Required.--In developing the
plan required by subsection (a), the NRC shall seek input from the
Department, the nuclear industry, and other public stakeholders.
(c) Cost and Schedule Estimate.--The plan required by subsection
(a) shall include proposed cost estimates, budgets, and specific
milestones for implementing the advanced reactor regulatory framework
by September 30, 2019.
(d) Design Certification Status.--In the NRC's first budget request
after the acceptance of any design certification application for an
advanced nuclear reactor, and annually thereafter, the NRC shall
provide the status of performance metrics and milestone schedules. The
budget request shall include a plan to correct or recover from any
milestone schedule delays, including delays because of NRC's inability
to commit resources for its review of the design certification
applications.
SEC. 6. USER FEES AND ANNUAL CHARGES.
Section 6101(c)(2)(A) of the Omnibus Budget Reconciliation Act of
1990 (42 U.S.C. 2214(c)(2)(A)) is amended--
(1) by striking ``and'' at the end of clause (iii);
(2) by striking the period at the end of clause (iv) and
inserting ``; and''; and
(3) by adding at the end the following:
``(v) for fiscal years ending before
October 1, 2020, amounts appropriated to the
Commission for activities related to the
development of regulatory infrastructure for
advanced nuclear reactor technologies.''.
Passed the House of Representatives January 23, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Advanced Nuclear Technology Development Act of 2017 (Sec.4)This bill requires the Department of Energy (DOE) and the Nuclear Regulatory Commission (NRC) to enter into a memorandum of understanding to: ensure that DOE has sufficient technical expertise to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative advanced reactor technology; ensure that the NRC has sufficient technical expertise to support the evaluation of requests for regulatory approval for advanced reactors; use computers and software codes to calculate the behavior and performance of advanced reactors based on mathematical models of their physical behavior; and ensure that the DOE maintains and develops the facilities to support the civilian nuclear industry's timely development and commercial deployment of safe, innovative reactor technology and ensuring that the NRC has access to such facilities, as needed. (Sec.5)In addition, the NRC is required to develop a regulatory framework for licensing advanced nuclear reactors. The plan must include options to expedite and streamline the licensing process for advanced reactors, cost estimates, budgets, and specific milestones for implementing the framework by the end of FY2019. (Sec.6) This bill amends the Omnibus Budget Reconciliation Act of 1990 to require that the aggregate amount of fees collected by the NRC from licensees and certificate holders in a fiscal year be decreased by the amount of appropriations for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies. | Advanced Nuclear Technology Development Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dry-Redwater Regional Water
Authority System Act of 2009''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) there are insufficient available supplies of safe water
to meet the minimum health and safety standards of the citizens
of--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota;
(2) McCone and Garfield Counties of the State were--
(A) directly and physically impacted when the Fort
Peck Dam was constructed; and
(B) to receive certain impact benefits as a result
of the Pick-Sloan program; and
(3) the water that is contained in the Fort Peck Dam
reservoir is managed for purposes relating to--
(A) flood control;
(B) the production of hydroelectric power;
(C) irrigation;
(D) the maintenance of a public water supply;
(E) the conservation of fish and wildlife;
(F) recreation; and
(G) the improvement of water quality.
(b) Purpose.--The purpose of this Act is to ensure a safe and
adequate municipal, rural, and industrial water supply for the citizens
of--
(1) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(2) McKenzie County, North Dakota.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Western Area Power Administration.
(2) Authority.--The term ``Authority'' means--
(A) the Dry-Redwater Regional Water Authority, a
publicly owned nonprofit water authority formed in
accordance with Mont. Code Ann. 75-6-302 (2007); and
(B) any nonprofit successor entity.
(3) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri Basin Program (authorized by
section 9 of the Act of December 22, 1944; commonly known as
the ``Flood Control Act of 1944''; 58 Stat. 891, chapter 665).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Montana.
(6) Water system.--The term ``Water System'' means the Dry-
Redwater Regional Water Authority System authorized under
section 4 for--
(A) Dawson, Garfield, McCone, Prairie, and Richland
Counties of the State; and
(B) McKenzie County, North Dakota.
(7) Non-federal distribution system.--The term ``non-
Federal distribution system'' means the local electric service
facility provider.
(8) Integrated system.--The term ``integrated system''
means the transmission system owned by Western Area Power
Administration, Basin Electric Power Cooperative and Heartland
Consumers Power District and administered by Western Area Power
Administration.
SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM.
(a) Cooperative Agreement.--
(1) In general.--The Secretary shall enter into a
cooperative agreement with the Authority to provide Federal
assistance for the planning, design, and construction of the
Water System.
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) shall specify, in a manner that is
acceptable to the Secretary and the Authority--
(A) the responsibilities of each party to the
cooperative agreement relating to the Water System,
including--
(i) the final engineering report;
(ii) an environmental and cultural resource
study;
(iii) engineering and design;
(iv) construction;
(v) water conservation measures; and
(vi) administration of contracts relating
to the performance of the activities described
in clauses (i) through (v);
(B) any procedure or requirement relating to--
(i) the carrying out of each activity
described in subparagraph (A); and
(ii) the approval and acceptance of the
design and construction of the Water System;
and
(C) the rights, responsibilities, and liabilities
of each party to the cooperative agreement.
(b) Use of Federal Funds.--
(1) Federal share.--
(A) In general.--The Federal share of the costs
relating to the planning, design, and construction of
the Water System shall not exceed 75 percent of the
total cost of the Water System.
(B) Limitation.--Amounts made available under
subparagraph (A) shall not be returnable or
reimbursable under the reclamation laws.
(2) Compliance with cooperative agreement.--Federal funds
made available to carry out this section shall be obligated and
expended in accordance with a cooperative agreement entered
into by the Secretary under subsection (a).
(c) Components.--Components of the Water System facilities for
which Federal funds may be obligated and expended under this section
shall include--
(1) facilities relating to--
(A) water intake;
(B) water pumping;
(C) water treatment; and
(D) water storage;
(2) transmission pipelines and pumping stations;
(3) appurtenant buildings, maintenance equipment, and
access roads;
(4) any interconnection facility that connects a pipeline
of the Water System to a pipeline of a public water system;
(5) distribution, pumping, and storage facilities that--
(A) serve the needs of citizens who use public
water systems;
(B) are in existence on the date of the enactment
of this Act; and
(C) may be purchased, improved, and repaired in
accordance with a cooperative agreement entered into by
the Secretary under subsection (a)(1);
(6) electrical power transmission and distribution
facilities required for the operation and maintenance of the
Water System;
(7) any other facility or service required for the
development of a rural water distribution system, as determined
by the Secretary; and
(8) any property or property right required for the
construction or operation of a facility described in this
subsection.
(d) Service Area.--The service area of the Water System shall be--
(1) the area of Garfield and McCone Counties in the State;
(2) the area west of the Yellowstone River in Dawson and
Richland Counties in the State;
(3) the area including, and north of, Township 15N in
Prairie County in the State; and
(4) the portion of McKenzie County, North Dakota, that
includes all land that is located west of the Yellowstone River
in the State of North Dakota.
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Water System
until the date on which the last of the following occurs:
(1) The Water System complies with each requirement under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
(2) 90 days after the date of receipt by Congress of the
final engineering report described in subsection (a)(2)(A)(i)
that is approved by the Secretary.
(3) The Secretary publishes a written finding that the
water conservation plan developed pursuant to section 6
contains water conservation measures for the operation of the
Water System that are--
(A) prudent;
(B) reasonable; and
(C) economically and financially feasible.
(f) Limitation on Use of Federal Funds.--
(1) In general.--Any cost relating to the operation,
maintenance, or replacement of the Water System--
(A) shall not be a Federal responsibility; and
(B) shall be paid by the Water System.
(2) Federal funds.--The Secretary shall not obligate or
expend Federal funds for the operation, maintenance, or
replacement of the Water System.
(g) Title to the Water System.--Title to the Water System shall be
held by the Authority.
SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM.
(a) Findings.--Congress finds that McCone and Garfield Counties in
the State were designated--
(1) as impact counties during the period in which the Fort
Peck Dam was constructed; and
(2) to receive impact mitigation benefits in accordance
with the Pick-Sloan program.
(b) Availability of Power.--
(1) In general.--Subject to paragraph (2), the
Administrator shall make available to the Water System a
quantity of power required, up to one and one-half megawatt
capacity, to meet the pumping and incidental operation
requirements of the Water System during the period beginning
May 1 and ending on October 31 of each year from the following
Water System facilities--
(A) from the water intake facilities; and
(B) through all pumping stations, water treatment
facilities, reservoirs, storage tanks, and pipelines up
to the point of delivery of water by the water supply
system to all storage reservoirs and tanks and each
entity that distributes water at retail to individual
users.
(2) Eligibility.--The Water System shall be eligible to
receive power under paragraph (1) if the Water System--
(A) operates on a not-for-profit basis; and
(B) is constructed pursuant to a cooperative
agreement entered into by the Secretary under section
4(a).
(3) Rate.--The Administrator shall make available the power
described in paragraph (1) at the firm power rate.
(4) Additional power.--If power, in addition to that made
available to the Water System in paragraph (1) is required to
meet the pumping requirements of the Dry-Redwater Regional
Water Authority, the Administrator may purchase the necessary
additional power at the best available rate. The costs of such
purchases shall be reimbursed to the Administrator by the Dry-
Redwater Regional Water Authority.
(5) Responsibility for power charges.--The Authority shall
be responsible for the payment of the power charge described in
paragraph (3) and non-Federal delivery costs described in
paragraph 6.
(6) Transmission arrangements.--The Water System shall be
responsible for all non-Federal transmission and distribution
system delivery and service arrangements. The Water System
shall be responsible for funding any transmission upgrades, if
required, to the Integrated System necessary to deliver power
to the Water System.
SEC. 6. WATER CONSERVATION PLAN.
(a) In General.--The Authority shall develop a water conservation
plan containing--
(1) a description of water conservation objectives;
(2) a description of appropriate water conservation
measures; and
(3) a time schedule for carrying out the measures described
in paragraph (2) and this Act to meet the water conservation
objectives described in paragraph (1).
(b) Design Requirement.--The water conservation plan developed
under subsection (a) shall be designed to ensure that users of water
provided by the Water System will use the best practical technology and
management techniques to conserve water.
(c) Public Participation.--Section 210(c) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390jj(c)) shall apply to each activity carried
out under this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Water System.--There is authorized to be appropriated to carry
out the planning, design, and construction of the Water System a total
of $115,116,000 for fiscal years 2011 through 2021.
(b) Cost Indexing.--The amount authorized to be appropriated under
subsection (a) may be increased or decreased in accordance with
ordinary fluctuations in development costs incurred after January 1,
2008, as indicated by any available engineering cost indices applicable
to construction activities that are similar to the construction of the
Water System. | Dry-Redwater Regional Water Authority System Act of 2009 - Directs the Secretary of the Interior to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority System for specified counties in Montana and North Dakota.
Lists agreement requirements. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended and the System's service area. Limits the obligation of funds for construction. Provides that any cost relating to the System's operation, maintenance, or replacement shall not be a federal responsibility and shall be paid by the System.
Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. Makes the System eligible to receive power only if it operates on a nonprofit basis and is constructed pursuant to the agreement. Sets forth provisions regarding the purchase of additional power and the Authority's responsibility for power charges, non-federal delivery costs, and non-federal transmission and distribution system delivery and service arrangements.
Directs the Authority to develop a water conservation plan containing a description of water conservation objectives and measures and a schedule for carrying out such measures. Requires the plan to be designed to ensure that users of water provided by the System use the best practical technology and management techniques to conserve water. | To authorize the construction of the Dry-Redwater Regional Water Authority System in the State of Montana and a portion of McKenzie County, North Dakota, and for other purposes. |
SECTION 1. MASTER TEACHER EXCLUSION.
(a) Master Teacher Exclusion.--Part III of subchapter B of chapter
1 of the Internal Revenue Code of 1986 is amended by inserting after
section 139A the following new section:
``SEC. 139B. CERTAIN WAGES OF CERTIFIED MASTER TEACHERS.
``(a) 25 Percent Exclusion.--Gross income does not include 25
percent of wages earned by a certified master teacher in remuneration
for employment at a qualified school in need of improvement or a Head
Start program assisted under the Head Start Act (42 U.S.C. 9831 et
seq.).
``(b) Certified Master Teacher.--For purposes of this section--
``(1) In general.--The term `certified master teacher'
means any eligible teacher who is certified by a State as being
eligible for the exclusion from gross income provided under
subsection (a) with respect to wages earned during a 4-year
certification period. A teacher shall not be treated as a
certified master teacher except during the certification
period.
``(2) Recertification prohibited.--A teacher shall not be
certified as a certified master teacher for more than one
certification period.
``(3) State limitation on number of certified master
teachers.--A State may not certify any teacher if such
certification would result (at the time of such certification)
in more than 10 percent of the State's public school teachers
being certified master teachers.
``(c) Qualified School in Need of Improvement.--For purposes of
this section, the term `qualified school in need of improvement' means,
with respect to any certified master teacher--
``(1) the school in need of improvement which first employs
such teacher during the certification period,
``(2) any school in need of improvement which subsequently
employs such teacher, but only if each school in need of
improvement which previously employed such teacher during the
certification period has ceased to be a school in need of
improvement, and
``(3) any school described in paragraph (1) or (2) which
ceases to be a school in need of improvement, but only if such
teacher was employed by such school (during such teacher's
certification period) at the time that such school ceased to be
a school in need of improvement.
``(d) School in Need of Improvement.--For purposes of this section,
the term `school in need of improvement' means a public elementary or
secondary school that--
``(1) is identified for school improvement, corrective
action, or restructuring under section 1116 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6316), and
``(2) is eligible for a schoolwide program under section
1114 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6314).
``(e) Eligible Teacher.--For purposes of this section, the term
`eligible teacher' means a teacher who--
``(1) has had at least 5 years of teaching experience in a
public elementary or secondary school,
``(2) is highly qualified, as defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801),
``(3) has a master's degree, and
``(4) has earned--
``(A) advanced certification in the teacher's State
licensing system, or
``(B) in the case of a teacher in a State that does
not offer advanced certification, certification from
the National Board for Professional Teaching Standards.
``(f) Certification Period.--For purposes of this section, the term
`certification period' means, with respect to any certified master
teacher, the 4-year period described in subsection (b).
``(g) State Identification Required on Return.--With respect to any
certified master teacher, no exclusion shall be allowed under
subsection (a) for any taxable year unless the certified master teacher
includes the State in which the teacher has been certified on the
certified master teacher's return of tax for such taxable year.
``(h) Termination.--This section shall not apply to any taxable
year beginning after December 31, 2013.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 139A the
following new item:
``Sec. 139B. Certain wages of certified master teachers''.
(c) Report to Congress.--The Secretary of the Treasury shall
transmit to the Congress for each of calendar years 2007 through 2013
an annual report stating, with respect to each State, the number of
individuals certified by such State as certified master teachers who
were allowed an exclusion from gross income under section 139B of the
Internal Revenue Code of 1986 for a taxable year ending in such
calendar year.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Amends the Internal Revenue Code to exclude from gross income up to 25 percent of the wages earned by a certified master teacher in certain schools identified as in need of improvement or in a Head Start program. Defines "certified master teacher" as a teacher who: (1) has at least five years teaching experience in a public elementary or secondary school; (2) is highly qualified as defined by the Elementary and Secondary Education Act of 1965; (3) has a master's degree; and (4) has advanced certification in the applicable State licensing system. Terminates such exclusion after 2013. | To amend the Internal Revenue Code of 1986 to provide for the exclusion from gross income of certain wages of a certified master teacher, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FERS Federal Deposit Insurance
Corporation Buyback Act of 2000''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following:
``(6) subject to subsection (j), service as a temporary or
intermittent employee for the Federal Deposit Insurance
Corporation not otherwise creditable for purposes of this
chapter, performed after December 31, 1988, and before June 30,
2000, of at least 1 year's duration (whether performed over a
continuous period or otherwise), but only if the individual
performing such service later becomes subject to this chapter,
and such service is not credited for purposes of any benefit
under any other retirement system established by a law of the
United States (disregarding the Social Security Act and chapter
83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(j)(1) An employee or Member shall, with respect to any service
described in subsection (b)(6) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 2000, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(6) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(6) of title 5, United States Code, as added by this Act, which
was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 2001, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(6) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(j) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(j). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from the Federal Deposit Insurance Corporation
any information in the possession of such corporation which may be
necessary to verify the entitlement of such individual to have any
service credited under section 8411(b)(6) of title 5, United States
Code, as added by this Act, or to have an annuity recomputed under
section 3(c).
(c) Information.--At the request of the Office, the Federal Deposit
Insurance Corporation shall provide any information with respect to an
individual's performance of any service described in such section
8411(b)(6) to the Office. | Provides that an employee or member, with respect to any such service, be required to deposit to the credit of the Civil Service Retirement and Disability Fund an amount equal to 1.3 percent of basic pay for such service. Requires any deposit made more than five years after the later of: (1) October 1, 2000; or (2) the date on which the employee or member making the deposit first becomes an employee or member following the period of temporary or intermittent service for which such deposit is due, to include interest on such amount, computed in the manner required under CSRS and compounded annually beginning on the date of the expiration of such five-year period. Requires, if the deposit is not made or if less than the entire amount of such deposit is made: (1) the employee or member's service shall be fully creditable; but (2) any annuity under FERS based on such employee or member's service shall be reduced in a manner similar to that required for deposits with respect to certain survivor elections for reduced annuities.
Directs the Office of Personnel Management to prescribe regulations under which credit for such service which was performed by an individual who has separated from Government service may be obtained. (Requires credit to not be given unless a written application is submitted, not later than December 31, 2001, in such form and manner as the regulations require.) Requires any annuity or survivor annuity payable as of when an application is submitted to be recomputed to take into account any such service (performed by the individual on whose service the annuity is based) effective with respect to amounts accruing for months beginning more than 30 days after the date on which such application is submitted. Requires that, if the full amount of the deposit is not timely made (before such deadline as the Office shall by regulation prescribe) with respect to any service as to which the application relates, a reduction shall be made in the recomputed annuity. Provides for interest to not be included as part of any deposit. | FERS Federal Deposit Insurance Corporation Buyback Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American Energy Security
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) United States overdependence on oil imports from
hostile or unstable regions damages United States national
security, endangers the economy of the United States, puts the
lives of military and civilian personnel at risk, and ensures
that access to oil imports comes at tremendous taxpayer
expense;
(2) the United States imports more than half of the oil it
consumes, much of it from countries that do not have the level
of environmental standards of Canada and the United States and
that are hostile to United States interests or that have
political and economic instability that compromises supply
security;
(3) while a significant portion of the United States' oil
imports are derived from allies such as Canada and Mexico, the
United States remains vulnerable to substantial supply
disruptions created by geopolitical tumult in major oil-
producing nations;
(4) strong increases in oil consumption in the developing
world outpace growth in oil supplies, bringing tight market
conditions and higher oil prices in periods of global economic
expansion or when supplies are threatened;
(5) the development and delivery of oil from Canada to the
United States is in the national interest of the United States
by helping to secure reliable oil supplies to meet demand that
is otherwise projected to be met by increases in imports from
less secure and reliable suppliers;
(6) secure and reliable trade with Canada complements
United States domestic energy priorities;
(7) continued development of North American energy
resources, including Canadian oil, increases the access of
domestic refiners to stable and reliable sources of crude oil
and improves the certainty of fuel supply for the Department of
Defense, the largest consumer of petroleum in the United
States;
(8)(A) Canada and the United States have the largest 2-way
trading relationship in the world;
(B) for every United States dollar spent on products from
Canada, including oil, 90 cents is returned to the United
States economy; and
(C) when the same metrics are applied to trading
relationships with some other major sources of United States
crude oil imports, returns are much lower;
(9)(A) the principal choice for Canadian oil exporters is
between moving increasing crude oil volumes to the United
States or Asia, particularly China; and
(B) increased Canadian oil exports to China would result in
increased crude oil imports to the United States from less
secure and reliable foreign sources, many of which do not have
the level of environmental standards of Canada and the United
States;
(10) increased Canadian crude oil imports into the United
States correspondingly reduces the scale of wealth transfers to
other more distant foreign sources resulting from the greater
cost of transporting crude oil from those sources;
(11) not only are United States companies major investors
in Canadian oil sands, but many United States businesses
throughout the United States benefit from supplying goods and
services required for ongoing Canadian oil sands operations and
expansion;
(12) there has been more than 3 years of consideration and
a coordinated review by more than a dozen Federal agencies of
the technical aspects and of the environmental, social, and
economic impacts of the proposed pipeline project known as the
Keystone XL from Hardisty, Alberta, to Steele City, Nebraska,
and then on to the United States Gulf Coast through Cushing,
Oklahoma;
(13) the Keystone XL pipeline represents a high capacity
pipeline supply option that could meet near, as well as long-
term, market demand for crude oil to United States refineries,
and could also potentially bring over 100,000 barrels per day
of United States Bakken crude oil to market;
(14) completion of the Keystone XL pipeline would increase
total Keystone pipeline system capacity by 700,000 barrels per
day to 1,290,000 barrels per day;
(15) the Keystone XL pipeline would directly create 20,000
jobs and many more long-term jobs and related labor income
benefits through the supply chain;
(16) the earliest possible construction of the Keystone XL
pipeline will increase the quantity of proven and potential
reserves of Canadian oil available for United States use and
increase United States jobs and will, as a result, serve the
national interest;
(17) the Keystone XL pipeline would be state-of-the-art and
be constructed to meet the highest safety standards; and
(18) as a result of the extensive governmental studies
already made with respect to the Keystone XL project and the
national interest in early delivery of Canadian oil to United
States markets, a decision with respect to a Presidential
permit for the Keystone XL pipeline should be promptly issued
without further administrative delay or impediment.
SEC. 3. PERMIT FOR KEYSTONE XL PIPELINE.
(a) In General.--Except as provided in subsection (b), not later
than 60 days after the date of enactment of this Act, the President,
acting through the Secretary of State, shall grant a permit under
Executive Order 13337 (3 U.S.C. 301 note; relating to issuance of
permits with respect to certain energy-related facilities and land
transportation crossings on the international boundaries of the United
States) for the Keystone XL pipeline project application filed on
September 19, 2008 (including amendments).
(b) Exception.--
(1) In general.--The President shall not be required to
grant the permit under subsection (a) if the President
determines that the Keystone XL pipeline would not serve the
national interest.
(2) Report.--If the President determines that the Keystone
XL pipeline is not in the national interest under paragraph
(1), the President shall, not later than 15 days after the date
of the determination, submit to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of
the House of Representatives, the majority leader of the
Senate, the minority leader of the Senate, the Speaker of the
House of Representatives, and the minority leader of the House
of Representatives a report that provides a justification for
determination, including consideration of economic, employment,
energy security, foreign policy, trade, and environmental
factors.
(3) Effect of no finding or action.--If a determination is
not made under paragraph (1) and no action is taken by the
President under subsection (a) not later than 60 days after the
date of enactment of this Act, the permit for the Keystone XL
pipeline described in subsection (a) that meets the
requirements of subsections (c) and (d) shall be in effect by
operation of law.
(c) Requirements.--The permit granted under subsection (a) shall
require the following:
(1) The permittee shall comply with all applicable Federal
and State laws (including regulations) and all applicable
industrial codes regarding the construction, connection,
operation, and maintenance of the United States facilities.
(2) The permittee shall obtain all requisite permits from
Canadian authorities and relevant Federal, State, and local
governmental agencies.
(3) The permittee shall take all appropriate measures to
prevent or mitigate any adverse environmental impact or
disruption of historic properties in connection with the
construction, operation, and maintenance of the United States
facilities.
(4) For the purpose of the permit issued under subsection
(a) (regardless of any modifications under subsection (d))--
(A) the final environmental impact statement issued
by the Secretary of State on August 26, 2011, satisfies
all requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and section 106 of
the National Historic Preservation Act (16 U.S.C.
470f);
(B) any modification required by the Secretary of
State to the Plan described in paragraph (5)(A) shall
not require supplementation of the final environmental
impact statement described in that paragraph; and
(C) no further Federal environmental review shall
be required.
(5) The construction, operation, and maintenance of the
facilities shall be in all material respects similar to that
described in the application described in subsection (a) and--
(A) in accordance with the construction,
mitigation, and reclamation measures agreed to by the
permittee in the Construction Mitigation and
Reclamation Plan found in appendix B of the final
environmental impact statement issued by the Secretary
of State on August 26, 2011, subject to the
modification described in subsection (d);
(B) the special conditions agreed to between the
permittee and the Administrator of the Pipeline
Hazardous Materials Safety Administration of the
Department of Transportation found in appendix U of the
final environmental impact statement described in
subparagraph (A);
(C) if the modified route submitted by the Governor
of Nebraska under subsection (d)(3)(B) crosses the Sand
Hills region, the measures agreed to by the permittee
for the Sand Hills region found in appendix H of the
final environmental impact statement described in
subparagraph (A); and
(D) the stipulations identified in appendix S of
the final environmental impact statement described in
subparagraph (A).
(6) Other requirements that are standard industry practice
or commonly included in Federal permits that are similar to a
permit issued under subsection (a).
(d) Modification.--The permit issued under subsection (a) shall
require--
(1) the reconsideration of routing of the Keystone XL
pipeline within the State of Nebraska;
(2) a review period during which routing within the State
of Nebraska may be reconsidered and the route of the Keystone
XL pipeline through the State altered with any accompanying
modification to the Plan described in subsection (c)(5)(A); and
(3) the President--
(A) to coordinate review with the State of Nebraska
and provide any necessary data and reasonable technical
assistance material to the review process required
under this subsection; and
(B) to approve the route within the State of
Nebraska that has been submitted to the Secretary of
State by the Governor of Nebraska.
(e) Effect of No Approval.--If the President does not approve the
route within the State of Nebraska submitted by the Governor of
Nebraska under subsection (d)(3)(B) not later than 10 days after the
date of submission, the route submitted by the Governor of Nebraska
under subsection (d)(3)(B) shall be considered approved, pursuant to
the terms of the permit described in subsection (a) that meets the
requirements of subsection (c) and this subsection, by operation of
law. | North American Energy Security Act - Directs the President, acting through the Secretary of State, to grant a permit under Executive Order 13337 (relating to issuance of permits for certain energy-related facilities and land transportation crossings on the international boundaries of the United States) for the Keystone XL pipeline project application filed on September 19, 2008.
Declares that the President shall not be required to grant such permit upon a determination that the Keystone XL pipeline would not serve the national interest.
Requires the President, within 15 days after making such a determination, to report to certain congressional committees as well as to the majority and minority leadership of the Senate and the House a justification for it, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors.
States that if the President does not make a determination that the Keystone XL pipeline would not serve the national interest, and take action within 60 days after enactment of this Act, the permit for the Keystone XL pipeline shall be in effect by operation of law.
Sets forth permit requirements, including: (1) the reconsideration of routing of the Keystone XL pipeline within Nebraska, and (2) a review period during which routing within Nebraska may be reconsidered and the route of the pipeline through the state altered.
Declares that, if the President does not approve the route within Nebraska submitted by the governor of Nebraska within 10 days after submission, the route submitted by the governor shall be considered approved by operation of law. | A bill to require the Secretary of State to act on a permit for the Keystone XL pipeline. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Communications Commission
Consolidated Reporting Act of 2011''.
SEC. 2. COMMUNICATIONS MARKETPLACE REPORT.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.
``(a) In General.--In the last quarter of every even-numbered year,
the Commission shall publish on its Web site and submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the state of the communications marketplace.
``(b) Contents.--Each report required by subsection (a) shall--
``(1) assess the state of competition in the communications
marketplace, including competition to deliver voice, video, and
data services among providers of telecommunications, providers
of commercial mobile service (as defined in section 332),
multichannel video programming distributors (as defined in
section 602), broadcast stations, providers of satellite
communications, Internet service providers, and other providers
of communications services;
``(2) assess the state of deployment of communications
capabilities, including advanced telecommunications capability
(as defined in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302)), regardless of the technology used for
such deployment, including whether advanced telecommunications
capability is being deployed to all Americans in a reasonable
and timely fashion;
``(3) assess whether laws, regulations, or regulatory
practices (whether those of the Federal Government, States,
political subdivisions of States, Indian tribes or tribal
organizations (as such terms are defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b)), or foreign governments) pose a barrier to
competitive entry into the communications marketplace or to the
competitive expansion of existing providers of communications
services;
``(4) describe the agenda of the Commission for the next 2-
year period for addressing the challenges and opportunities in
the communications marketplace that were identified through the
assessments under paragraphs (1) through (3); and
``(5) describe the actions that the Commission has taken in
pursuit of the agenda described pursuant to paragraph (4) in
the previous report submitted under this section.
``(c) Special Requirements.--
``(1) Assessing competition.--In assessing the state of
competition under subsection (b)(1), the Commission shall
consider the effect of intermodal competition, facilities-based
competition, and competition from new and emergent
communications services, including the provision of content and
communications using the Internet.
``(2) Assessing deployment.--In assessing the state of
deployment under subsection (b)(2), the Commission shall
compile a list of geographical areas that are not served by any
provider of advanced telecommunications capability.
``(3) International comparisons and demographic
information.--The Commission may use readily available data to
draw appropriate comparisons between the United States
communications marketplace and the international communications
marketplace and to correlate its assessments with demographic
information.''.
SEC. 3. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.
(a) ORBIT Act Report.--Section 646 of the Communications Satellite
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
(b) Satellite Competition Report.--Section 4 of Public Law 109-34
(47 U.S.C. 703) is repealed.
(c) International Broadband Data Report.--Section 103 of the
Broadband Data Improvement Act (47 U.S.C. 1303) is amended--
(1) by striking subsection (b); and
(2) by redesignating subsections (c) through (e) as
subsections (b) through (d), respectively.
(d) Status of Competition in the Market for the Delivery of Video
Programming Report.--Section 628 of the Communications Act of 1934 (47
U.S.C. 548) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsection (j) as subsection (g).
(e) Report on Cable Industry Prices.--
(1) In general.--Section 623 of the Communications Act of
1934 (47 U.S.C. 543) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (n) as
subsections (k) through (m), respectively.
(2) Conforming amendment.--Section 613(a)(3) of the
Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by
striking ``623(l)'' and inserting ``623(k)''.
(f) Triennial Report Identifying and Eliminating Market Entry
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking
subsection (c).
(g) Section 706 Report.--Section 706 of the Telecommunications Act
of 1996 (47 U.S.C. 1302) is amended--
(1) in subsection (b)--
(A) in the last sentence, by striking ``If the
Commission's determination is negative, it'' and
inserting ``If the Commission determines in its report
under section 13 of the Communications Act of 1934 that
advanced telecommunications capability is not being
deployed to all Americans in a reasonable and timely
fashion, the Commission''; and
(B) by striking the first and second sentences;
(2) by striking subsection (c);
(3) in subsection (d), by striking ``this subsection'' and
inserting ``this section''; and
(4) by redesignating subsection (d) as subsection (c).
(h) State of Competitive Market Conditions With Respect to
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the
Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by
striking the first and second sentences.
(i) Previously Eliminated Annual Report.--
(1) In general.--Section 4 of the Communications Act of
1934 (47 U.S.C. 154) is amended--
(A) by striking subsection (k); and
(B) by redesignating subsections (l) through (o) as
subsections (k) through (n), respectively.
(2) Conforming amendments.--The Communications Act of 1934
is amended--
(A) in section 9(i), by striking ``In the
Commission's annual report, the Commission shall
prepare an analysis of its progress in developing such
systems and'' and inserting ``The Commission''; and
(B) in section 309(j)(8)(B), by striking the last
sentence.
(j) Additional Outdated Reports.--The Communications Act of 1934 is
amended--
(1) in section 4--
(A) in subsection (b)(2)(B)--
(i) in clause (i), by striking ``(i) The
Commission'' and inserting ``The Commission'';
and
(ii) by striking clause (ii); and
(B) in subsection (g), by striking paragraph (2);
(2) in section 215--
(A) by striking subsection (b); and
(B) by redesignating subsection (c) as subsection
(b);
(3) in section 227(e), by striking paragraph (4);
(4) in section 309(j)--
(A) by striking paragraph (12); and
(B) in paragraph (15)(C), by striking clause (iv);
(5) in section 331(b), by striking the last sentence;
(6) in section 336(e), by amending paragraph (4) to read as
follows:
``(4) Report.--The Commission shall annually advise the
Congress on the amounts collected pursuant to the program
required by this subsection.'';
(7) in section 339(c), by striking paragraph (1);
(8) in section 396--
(A) by striking subsection (i);
(B) in subsection (k)--
(i) in paragraph (1), by striking
subparagraph (F); and
(ii) in paragraph (3)(B)(iii), by striking
subclause (V);
(C) in subsection (l)(1)(B), by striking ``shall be
included'' and all that follows through ``The audit
report''; and
(D) by striking subsection (m);
(9) in section 398(b)(4), by striking the third sentence;
(10) in section 624A(b)(1)--
(A) by striking ``Report; regulations'' and
inserting ``Regulations'';
(B) by striking ``Within 1 year after'' and all
that follows through ``on means of assuring'' and
inserting ``The Commission shall issue such regulations
as are necessary to assure''; and
(C) by striking ``Within 180 days after'' and all
that follows through ``to assure such compatibility.'';
and
(11) in section 713, by striking subsection (a).
SEC. 4. EFFECT ON AUTHORITY.
Nothing in this Act or the amendments made by this Act shall be
construed to expand or contract the authority of the Federal
Communications Commission. | Federal Communications Commission Consolidated Reporting Act of 2011 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to publish on its website and submit to Congress a biennial report on the state of the communications marketplace assessing: (1) competition, including intermodal, facilities-based, and new and emergent services competition and addressing the provision of content and communications using the Internet; (2) deployment of communications capabilities, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; and (3) whether laws, regulations, or regulatory practices pose a barrier to competitive entry or expansion of existing providers of communications services.
Requires the FCC to compile a list of geographic areas that are not served by any provider of advanced telecommunications capability.
Repeals and consolidates various FCC reports including reports on satellite competition, international broadband, video programming, cable industry prices, small business entry barriers, commercial mobile radio, and several other existing reports under such Act. | A bill to amend the Communications Act of 1934 to consolidate the reporting obligations of the Federal Communications Commission in order to improve congressional oversight and reduce reporting burdens. |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Dr. Rita Hocog Inos Fellowship
Act''.
SEC. 2. FELLOWSHIP PROGRAM FOR STUDENTS FROM THE COMMONWEALTH OF THE
NORTHERN MARIANA ISLANDS.
(a) Establishment of Fellowship Program.--The Secretary of the
Interior shall establish a program, to be known as the ``Dr. Rita Hocog
Inos Fellowship Program'', to award local and Federal government
fellowships to qualified students from the Commonwealth of the Northern
Mariana Islands.
(b) Fellowships.--Under the Dr. Rita Hocog Inos Fellowship Program:
(1) Types.--The Secretary may award to a qualified student
one or both of the following fellowships:
(A) Local government fellowship.--A local
government fellowship, under which the Secretary shall
assign the qualified student to an internship in an
agency or entity of the Commonwealth of the Northern
Mariana Islands.
(B) Federal fellowship.--A Federal fellowship,
under which the Secretary shall assign the qualified
student to an internship in--
(i) an Executive agency (as defined in
section 105 of title 5, United States Code); or
(ii) the office of a Representative or
Senator in, or a Delegate or Resident
Commissioner to, the Congress.
(2) Fellowship term.--The term of a fellowship shall be an
academic semester or a summer, as designated by the Secretary.
(3) Amount of fellowship.--
(A) In general.--A fellow may receive either a
stipend or academic credit toward graduation for
participating in an internship.
(B) Stipend.--The stipend for participating in an
internship shall be:
(i) $6,000 for participating under an
academic semester fellowship.
(ii) $4,000 for participating under a
summer fellowship.
(C) Fiscal years after 2010.--In the case of any
fiscal year beginning after September 30, 2010, each
dollar amount in subparagraph (B) shall be such dollar
amount in effect for the preceding fiscal year,
increased by the sum of--
(i) the percentage of the dollar amount in
effect for such preceding fiscal year that is
equal to the percentage (if any) by which--
(I) the Consumer Price Index for
the most recent calendar year ending
prior to the beginning of the fiscal
year, exceeds
(II) the Consumer Price Index for
the next previous calendar year; plus
(ii) one percent of the dollar amount in
effect for such previous year.
(4) Travel stipend.--The Secretary may provide to a fellow
a travel stipend of not more than $1,500 for each fellowship
term, based on the distance of the fellow from the internship
site.
(c) Qualified Student.--For purposes of this section, the term
``qualified student'' means a student who is--
(1) a citizen of the United States;
(2) domiciled in the Commonwealth of the Northern Mariana
Islands; and
(3) enrolled in a degree or certificate program at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
(d) Application and Selection.--Under the Dr. Rita Hocog Inos
Fellowship Program:
(1) In general.--The Secretary shall develop and administer
an application and selection process for awarding a fellowship.
(2) Priority for selection of students.--
(A) Local government fellowship.--In awarding a
local government fellowship, the Secretary shall give
priority to a qualified student who has completed a
Federal fellowship.
(B) Federal fellowship.--In awarding a Federal
fellowship, the Secretary shall give priority to a
qualified student who has completed a local government
fellowship.
(3) Selection of agencies.--The Secretary shall not assign
a fellow to an internship in an agency or office that does not
agree to provide for the fellow to engage in mandatory
activities, including--
(A) activities encouraging professional
development;
(B) job skill training;
(C) networking activities; and
(D) community service activities.
(4) Limitation on number of fellowships awarded to each
student.--A qualified student shall be awarded no more than--
(A) one local government fellowship; and
(B) one Federal fellowship.
(e) Reporting.--The Secretary shall submit to Congress, not later
than 3 years after the date of enactment of this Act, a report on the
Dr. Rita Hocog Inos Fellowship Program. The report shall include
information on--
(1) the use of funds appropriated for the purpose of
carrying out the Dr. Rita Hocog Inos Fellowship Program; and
(2) barriers to participation in the Dr. Rita Hocog Inos
Fellowship Program.
(f) Definitions.--For purposes of this section:
(1) Consumer price index.--The term ``Consumer Price
Index'' means the Consumer Price Index for All Urban Consumers
published by the Department of Labor.
(2) Fellow.--The term ``fellow'' means a student who has
been awarded a fellowship under the Dr. Rita Hocog Inos
Fellowship Program.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of the Interior, for the purpose of carrying out
the Dr. Rita Hocog Inos Fellowship Program--
(A) $1,000,000 for fiscal year 2010; and
(B) such sums as may be necessary for fiscal years
beginning after fiscal year 2010.
(2) Allocation.--The Secretary shall reserve for each
fiscal year, to fund activities under subsection (c)(3), an
amount that is not more than 10 percent and not less than 5
percent of any amount appropriated for the purpose of carrying
out the Dr. Rita Hocog Inos Fellowship Program, but in any case
not less than $50,000. | Dr. Rita Hocog Inos Fellowship Act - Directs the Secretary of the Interior to establish the Dr. Rita Hocog Inos Fellowship Program to award local government and federal government fellowships to qualified students from the Commonwealth of the Northern Mariana Islands. Defines a "qualified student" as a student who is a U.S. citizen, domiciled in that Commonwealth, and enrolled in a degree or certificate program at an institution of higher education. Allows a fellow to receive either a specified stipend or academic credit toward graduation for participating in an internship. | To encourage students from the Commonwealth of the Northern Mariana Islands to become civically engaged through local and Federal government fellowships. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antimicrobial Data Collection Act''.
SEC. 2. RESEARCH PROGRAMS TO STUDY ANTIMICROBIAL RESISTANCE.
(a) Definitions.--In this Act--
(1) the term ``Commissioner'' means the Commissioner of
Food and Drugs; and
(2) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Commencement of Pilot Data Collection and Analysis Program.--
The Secretary, acting through the Commissioner, shall develop a
research program or programs to study the relationship between the
sales, distribution, end-use practices of animal drugs containing an
antimicrobial active ingredient in food-producing animals and
antimicrobial resistance trends. The Secretary may also consider any
other available sound information, science, research, expertise, or
program designs in carrying out this subsection.
(c) Purpose of Programs.--Any research program developed under
subsection (b) shall be developed in order to better determine--
(1) the relationships between sales data, distribution
data, and end-usage data of animal drugs containing an
antimicrobial active ingredient in food-producing animals to
inform policies of Food and Drug Administration regarding data
collection and regulation of antimicrobial products in
agriculture, including consideration of the potential value and
feasibility of data from veterinary feed directives and other
sources; and
(2) the relationships between the use of animal drugs
containing an antimicrobial active ingredient in food-producing
animals and trends in antimicrobial resistance, including by
using the data collected through the National Antimicrobial
Resistance Monitoring System or other studies regarding
resistance levels in bacteria associated with food-producing
animals.
(d) Consultation.--Any research program developed under subsection
(b) shall be developed in consultation with the Secretary of
Agriculture, which shall include at a minimum consultation with the
Under Secretary for Food Safety, the Under Secretary for Marketing and
Regulatory Programs, and the Under Secretary for Research, Education,
and Economics at the Department of Agriculture. To the extent
practicable, such Under Secretaries shall provide assistance in
developing and conducting such research programs.
(e) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall implement the research
program or programs developed under subsection (b). The Secretary shall
analyze data from such program or programs to determine the
contribution of such data to studying antimicrobial resistance and
establishing the antimicrobial data collection strategy as described in
section 3(b)(1)(B).
SEC. 3. REPORTS TO CONGRESS; DEVELOPMENT OF DATA COLLECTION STRATEGY.
(a) Initial Report.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(1) submit to Congress a report that--
(A) describes the research design and goals for the
research program or programs developed under section
2(b); and
(B) includes a needs assessment, considering broad
sources of data and models on antimicrobial use in
food-producing animals that the Food and Drug
Administration may need or from which the Food and Drug
Administration could benefit, to improve the evaluation
of Food and Drug Administration programs regarding
antimicrobial resistance and how a systematic and valid
data collection strategy will be designed to comply
with subsection (b)(1)(B); and
(2) make such report publicly available.
(b) Report Regarding Results and Recommendations.--Not later than 2
years after the date of enactment of this Act, the Secretary shall--
(1) submit to Congress a report that--
(A) describes the comprehensive results of any
research program or programs developed under section
2(b), including with respect to the determinations made
pursuant to paragraphs (1) and (2) of section 2(c); and
(B) provides recommendations for developing an
antimicrobial data collection strategy based on the
information contained in the comments to the Advanced
Notice of Proposed Rulemaking entitled ``Antimicrobial
Animal Drug Distribution Reporting'' (77 Fed. Reg.
44177 (July 27, 2012)) and any relevant information
obtained in the research pilot program carried out
under section 2; and
(2) make such report publicly available.
SEC. 4. ENHANCED REPORTING AND PUBLICATION OF SALES DATA.
(a) In General.--Section 512(l)(3)(E) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360b(l)(3)(E)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II);
(2) by striking ``The Secretary shall make summaries of the
information reported under this paragraph publicly available,
except that--'' and inserting ``(i) Not later than a date
established by the Secretary for 2014, and on such date in each
year thereafter, the Secretary shall make publicly available a
summary of the information (including dosage form information,
if practicable) reported under this paragraph for the previous
year, except that--''; and
(3) by inserting after subclause (II), as redesignated by
paragraph (1), the following:
``(ii) In making the summaries available under this subparagraph,
the following shall apply:
``(I) The Secretary shall segregate the categories of
amounts reported into the following 2 subcategories, after
consultation with applicable classifications as determined by
the Secretary, subject to subclause (IV):
``(aa) The volume of drugs of importance to human
medicine.
``(bb) The volume of drugs not of importance to
human medicine.
``(II) As practicable, the Secretary shall segregate
amounts reported into the following:
``(aa) Container size.
``(bb) Strength.
``(cc) Dosage form.
``(dd) Marketing status.
``(III) In any cross-tabulation of the amounts reported
with any reporting category, the Secretary shall include the
categories `Not Independently Reported' and `Not Independently
Reported Export'.
``(IV) Every 5 years, the Secretary shall reevaluate the
classifications consulted under subclause (I) after opportunity
for public comment.
``(iii) The Secretary shall maximize the quality, accuracy, detail,
and specificity of data made publicly available in the summaries under
this subparagraph, to the extent practicable, such as regarding the
type, estimated level of exposure, and target animals of antimicrobial
drugs. In carrying out the preceding sentence, the Secretary may
provide additional information in such summaries.
``(iv) The Secretary shall conduct an annual evaluation of the
effectiveness of and compliance with relevant policies and programs of
the Food and Drug Administration regarding antimicrobial drug sales for
food-producing animals, and use of such drugs and antimicrobial
resistance, using valid and robust performance metrics. Beginning in
2014, the Secretary shall include with each annual summary made
publicly available under this subparagraph a report that describes the
results of the evaluation conducted under this clause with respect to
the preceding year.''.
(b) Reissuance.--Not later than 3 years after the date of enactment
of this Act, the Secretary shall reissue the summary reports issued
before 2012 under section 512(l)(3)(E) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(l)(3)(E)) using the format designed for
the 2012 summary report. The Secretary shall publish the reissued
reports in one combined publication.
SEC. 5. ACTION TO PROTECT PUBLIC AND ANIMAL HEALTH.
(a) Publication of Final Guidance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall publish a final
version of the draft Voluntary Guidance #213 of the Food and
Drug Administration (entitled ``New Animal Drugs and New Animal
Drug Combination Products Administered in or on Medicated Feed
or Drinking Water of Food-Producing Animals: Recommendations
for Drug Sponsors for Voluntarily Aligning Product Use
Conditions with GFI #209'').
(2) Effect of subsection.--Nothing in this subsection shall
be construed to affect any other obligations of the Food and
Drug Administration regarding the authorities of such
Administration to regulate antimicrobial drugs and protect
public health.
(b) Report by GAO.--
(1) In general.--Not later than 3 years after the
conclusion of the research pilot program or programs developed
under section 2, the Comptroller General of the United States
shall commence a study to evaluate--
(A) the approaches used by the Food and Drug
Administration to eliminate injudicious use of
antimicrobial drugs in food-producing animals; and
(B) the effectiveness of the data collection
activities carried out by the Food and Drug
Administration regarding antimicrobial resistance.
(2) Report.--Not later than 1 year after commencing the
study described in paragraph (1), the Comptroller General of
the United States shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report
that describes the results of such study. | Antimicrobial Data Collection Act - Requires the Secretary of Health and Human Services (HHS), acting through the Commissioner of Food and Drugs (FDA), to develop a research program to study the relationship between the sales, distribution, and end-use practices of animal drugs containing an antimicrobial active ingredient in food-producing animals and antimicrobial resistance trends. Requires the Secretary to analyze data from the program to determine the data's contribution to studying antimicrobial resistance and establishing an antimicrobial data collection strategy. Requires the Secretary to: (1) report to Congress on the program's research design and goals, including a needs assessment to improve the FDA's evaluation of antimicrobial resistance; and (2) report to Congress and the public within two years with the comprehensive results of the program and recommendations for developing an antimicrobial data collection strategy. Amends the Federal Food, Drug, and Cosmetic Act to revise the requirements for the annual summaries of antimicrobial animal drug information, including by requiring the Secretary to maximize the quality, accuracy, detail, and specificity of the data made publicly available in the summaries. Requires the Secretary to conduct an annual evaluation of the effectiveness of and compliance with relevant FDA programs and policies regarding antimicrobial drug sales for food-producing animals, and the use of such drugs and antimicrobial resistance. Directs the Secretary to publish a final version of voluntary guidance for drug sponsors on new animal drugs and new animal drug combination products administered in or on medicated feed or drinking water of food-producing animals. Requires the Comptroller General (GAO) to evaluate the FDA's approaches to eliminate injudicious use of antimicrobial drugs in food-producing animals and the effectiveness of the FDA's data collection activities regarding antimicrobial resistance. | Antimicrobial Data Collection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Safety Lock Act of 1997''.
SEC. 2. HANDGUN SAFETY.
(a) Definition of Locking Device.--Section 921(a) of title 18,
United States Code, is amended by adding at the end the following:
``(34) The term `locking device' means--
``(A) a device that, if installed on a firearm and
secured by means of a key or a mechanically-,
electronically-, or electromechanically-operated
combination lock, prevents the firearm from being
discharged without first deactivating or removing the
device by means of a key or mechanically-,
electronically-, or electromechanically-operated
combination lock; or
``(B) a locking mechanism incorporated into the
design of a firearm that prevents discharge of the
firearm by any person who does not have access to the
key or other device designed to unlock the mechanism
and thereby allow discharge of the firearm.''.
(b) Unlawful Acts.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (x) the following:
``(y) Locking Devices and Warnings.--
``(1) In general.--Except as provided in paragraph (2),
beginning 90 days after the date of enactment of the Child
Safety Lock Act of 1997, it shall be unlawful for any licensed
manufacturer, licensed importer, or licensed dealer to sell,
deliver, or transfer any handgun--
``(A) to any person other than a licensed
manufacturer, licensed importer, or licensed dealer,
unless the transferee is provided with a locking device
for that handgun; or
``(B) to any person, unless the handgun is
accompanied by the following warning, which shall
appear in conspicuous and legible type in capital
letters, and which shall be printed on a label affixed
to the gun and on a separate sheet of paper included
within the packaging enclosing the handgun:
```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY
ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS
SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT
IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE
TO CHILDREN.
`FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY
RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW.
IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF A
HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.'
``(2) Exceptions.--Paragraph (1) does not apply to--
``(A) the--
``(i) manufacture for, transfer to, or
possession by, the United States or a State or
a department or agency of the United States, or
a State or a department, agency, or political
subdivision of a State, of a handgun; or
``(iii) the transfer to, or possession by,
a law enforcement officer employed by an entity
referred to in clause (i) of a handgun for law
enforcement purposes (whether on or off-duty);
or
``(B) the transfer to, or possession by, a rail
police officer employed by a rail carrier and certified
or commissioned as a police officer under the laws of a
State of a handgun for purposes of law enforcement
(whether on or off-duty).''.
(c) Civil Penalties.--Section 924 of title 18, United States Code,
is amended--
(1) in subsection (a)(1), by striking ``or (f)'' and
inserting ``(f), or (p)''; and
(2) by adding at the end the following:
``(p) Penalties Relating to Locking Devices and Warnings.--
``(1) In general.--
``(A) Suspension or revocation of license; civil
penalties.--With respect to each violation of
subparagraph (A) or (B) of section 922(y)(1) by a
licensee, the Secretary may, after notice and
opportunity for hearing--
``(i) suspend or revoke any license issued
to the licensee under this chapter; or
``(ii) subject the licensee to a civil
penalty in an amount equal to not more than
$10,000.
``(B) Review.--An action of the Secretary under
this paragraph may be reviewed only as provided in
section 923(f).
``(2) Administrative remedies.--The suspension or
revocation of a license or the imposition of a civil penalty
under paragraph (1) does not preclude any administrative remedy
that is otherwise available to the Secretary.''. | Child Safety Lock Act of 1997 - Amends the Federal criminal code to define (firearm) "locking device."
Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device or a specified related warning, with exceptions for law enforcement and governmental entities.
Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license. | Child Safety Lock Act of 1997 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Farmland
Stewardship Act of 2001''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--FARMLAND STEWARDSHIP PROGRAM
Sec. 101. Establishment and purpose of Program.
Sec. 102. Use of farmland stewardship agreements.
Sec. 103. Partnership approach to Program.
Sec. 104. Participation of owners and operators of eligible
agricultural lands.
TITLE II--ADVISORY COUNCIL
Sec. 201. Creation of an advisory council regarding Program.
SEC. 2. FINDINGS.
Congress finds the following:
(1) American agricultural producers are stewards of their
lands, and should be encouraged to carry out practices to
maintain, protect, and care for the natural, environmental, and
agricultural resources of their lands.
(2) Agricultural producers face increasing challenges in
protecting environmental sensitive land while ensuring an
abundant and safe food supply and the sound future of
agricultural production.
(3) Increased access of agricultural producers to
conservation programs, particularly by producers facing unique
environmental needs, must be a part of the national
agricultural conservation policy.
(4) Responsible care and stewardship of natural resources
by agricultural producers would be fostered by incentive
initiatives aimed at assisting producers in meeting
environmental program requirements, protecting and maintaining
endangered habitat and wetlands, improving water quality and
water access, treating on-farm discharge, deterring invasive
species, and addressing other important environmental
challenges.
(5) Greater local involvement, as well as increased
cooperation between agricultural producers and local, State,
and Federal officials, is needed to allow agricultural
producers to meet environmental goals.
(6) A voluntary incentives based program would encourage
greater protection of natural resources by providing economic
assistance to agricultural producers to improve and protect
natural resources, while permitting them to stay competitive in
the world market.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agreement.--The terms ``farmland stewardship
agreement'' and ``agreement'' mean a stewardship contract
authorized by title I.
(2) Contracting agency.--The term ``contracting agency''
means a local conservation district, resource conservation &
development district, extension service or local office of the
Department of Agriculture or other participating government
agency that is designated by the Secretary to enter into
farmland stewardship agreements on behalf of the Secretary.
(3) Eligible agricultural lands.--The term ``eligible
agricultural lands'' means private lands that are in primarily
native or natural condition or are classified as cropland,
pastureland, grazing lands, or timberlands by the Secretary and
that--
(A) contain wildlife habitat, habitat for
threatened and endangered species, wetlands or other
natural ecosystems; or
(B) provide opportunities for ecological services
that can benefit the public at large, such as--
(i) filtration of water;
(ii) aquifer recharge;
(iii) control of invasive and exotic
species;
(iv) limitations on nonagricultural
development to preserve open space or prime,
unique, or other productive agricultural lands;
and
(v) improvement of habitats for wildlife,
waterfowl, or migratory birds or insects.
(4) Program.--The terms ``Farmland Stewardship Program''
and ``Program'' mean the conservation program of the Department
of Agriculture established by title I.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--FARMLAND STEWARDSHIP PROGRAM
SEC. 101. ESTABLISHMENT AND PURPOSE OF PROGRAM.
(a) Establishment.--The Secretary of Agriculture shall establish a
special conservation program of the Department of Agriculture, to be
known as the Farmland Stewardship Program, that is designed to more
precisely tailor and target existing conservation programs to the
specific conservation needs and opportunities presented by individual
parcels of eligible agricultural lands.
(b) Relation to Other Conservation Programs.--Under the Farmland
Stewardship Program, the Secretary may implement, or combine together,
the features of--
(1) other conservation programs administered by the
Secretary; and
(2) conservation programs administered by other Federal
agencies and State and local government entities, where
feasible and with the consent of the administering agency or
government.
(c) Funding Sources.--
(1) In general.--The Farmland Stewardship Program and
agreements under the Program shall be funded by the Secretary
using--
(A) the funding authorities of the conservation
programs that are implemented in whole, or in part,
through the use of agreements; and
(B) such funds as are appropriated to carry out the
Program.
(2) Cost-sharing.--It shall be a requirement of the
Farmland Stewardship Program that the majority of the funds to
carry out the Program must come from other existing
conservation programs, which may be Federal, State, regional,
local, or private, that are combined into and made a part of an
agreement, or from matching funding contributions made by
State, regional, or local agencies and divisions of government
or from private funding sources.
(d) Personnel Costs.--Federal funds made available to carry out the
Farmland Stewardship Program may be used to provide additional staff
positions and support within the national headquarters office and State
field offices of the Natural Resources Conservation Service to
coordinate and oversee the Program on a national basis.
(e) Technical Assistance.--Of the funds made available to carry out
the Farmland Stewardship Program for a fiscal year, the Secretary shall
reserve not less than twenty percent for the provision of technical
assistance under the Program.
SEC. 102. USE OF FARMLAND STEWARDSHIP AGREEMENTS.
(a) Agreements Authorized.--The Secretary shall carry out the
Farmland Stewardship Program by entering into stewardship contracts, to
be known as farmland stewardship agreements, with the owners or
operators of eligible agricultural lands to maintain, protect, and care
for the natural, environmental, and agricultural resources on the
lands.
(b) Legal Basis.--An agreement shall operate in all respects as a
service contract and, as such, provides the Secretary with the
opportunity to hire the owner or operator of eligible agricultural
lands as a vendor to perform one or more specific services for an
equitable fee for each service rendered. Any Federal agency
participating in the Farmland Stewardship Program that has the
authority to enter into service contracts and to expend public funds
under such contracts may enter into or participate in the funding of an
agreement.
(c) Basic Purposes.--An agreement with the owner or operator of
eligible agricultural lands shall be used--
(1) to negotiate a mutually agreeable set of guidelines,
practices, and procedures under which services will be provided
to the public and rendered by the owner or operator to protect,
maintain, and, where possible, improve, the natural and
ecological resources on the lands covered by the agreement in
return for annual payments to the owner or operator for the
services rendered;
(2) to implement a conservation program or series of
programs where no program now exists or to implement
conservation management or ecological service activities where
no such activities now exist; and
(3) to expand conservation practices, resource management,
and ecological service activities to a property where it is not
possible at the present time to negotiate or reach agreement on
a public purchase of a fee-simple or less-than-fee interest in
the property for conservation purposes.
(d) Modification of Other Conservation Program Elements.--If most,
but not all, of the limitations, conditions, and requirements of a
conservation program that is implemented in whole, or in part, through
the Farmland Stewardship Program are met with respect to a parcel of
eligible agricultural lands, and the purposes to be achieved by the
agreement to be entered into for such lands are consistent with the
purposes of the conservation program, then the Secretary may waive any
remaining limitations, conditions, or requirements of the conservation
program that would otherwise prohibit or limit the agreement.
(e) State and Local Conservation Priorities.--To the maximum extent
practicable, agreements shall address the conservation priorities
established by the State and locality in which the eligible
agricultural lands are located.
SEC. 103. PARTNERSHIP APPROACH TO PROGRAM.
(a) Authority of Secretary Exercised Through Partnerships.--
Although the Secretary shall be responsible for the administration of
the Farmland Stewardship Program and oversight of agreements under the
Program, the Secretary shall work in partnership with other Federal,
State, and local agencies whose programs are incorporated into the
Program under section 101.
(b) Designation and Use of Contracting Agencies.--Subject to
subsection (c), the Secretary may authorize a local conservation
district, resource conservation & development district, extension
service, nonprofit organization, or local office of the Department of
Agriculture or other participating government agency to enter into and
administer agreements under the Program as a contracting agency on
behalf of the Secretary.
(c) Conditions on Designation.--The Secretary may designate an
eligible district or office as a contracting agency under subsection
(b) only if the district of office--
(1) submits a written request for such designation to the
Secretary;
(2) affirms that it is willing to follow all guidelines for
executing and administering an agreement, as promulgated by the
Secretary;
(3) demonstrates to the satisfaction of the Secretary that
it has established working relationships with owners and
operators of eligible agricultural lands, and based on the
history of these working relationships, demonstrates that it
has the ability to work with owners and operators of eligible
agricultural lands in a cooperative, and not a contentious or
litigious, manner;
(4) affirms its willingness to assume responsibility for
preparing all documentation for the agreement, negotiating its
terms with an owner or operator, monitoring compliance, making
annual reports to the Secretary, and administering the
agreement throughout its full term; and
(5) demonstrates to the satisfaction of the Secretary that
it has or will have the necessary staff resources and expertise
to carry out its responsibilities under paragraphs (3) and (4).
SEC. 104. PARTICIPATION OF OWNERS AND OPERATORS OF ELIGIBLE
AGRICULTURAL LANDS.
(a) Application and Approval Process.--To participate in the
Farmland Stewardship Program, an owner or operator of eligible
agricultural lands shall--
(1) submit to the Secretary an application indicating
interest in the Program and describing the owner's or
operator's property, its resources, and their ecological and
agricultural values;
(2) submit to the Secretary a list of services to be
provided, a management plan to be implemented, or both, under
the proposed agreement;
(3) if the application and list are accepted by the
Secretary, enter into an agreement that details the services to
be provided, management plan to be implemented, or both, and
requires compliance with the other terms of the agreement.
(b) Application on Behalf of an Owner or Operator.--A designated
contracting agency may submit the application required by subsection
(a) on behalf of an owner or operator by if the contracting agency has
secured the consent of the owner or operator to enter into an
agreement.
(c) Structure of Agreement.--An agreement shall contain the
following:
(1) A map, property description, and aerial photograph of
the eligible agricultural lands covered by the agreement,
including any lands with important natural and ecological
resources that require special attention and care.
(2) A list of the resources to be maintained under the
agreement.
(3) A description of the services to be rendered,
conservation practices to be implemented and maintained, or
both, under the agreement during the term of the agreement.
(4) A schedule for the implementation and maintenance of
the services and conservation practices described in paragraph
(3).
(5) A schedule of payments for each service and
conservation practice described in paragraph (3).
(6) A schedule of any bonus payments offered under the
agreement and the criteria that must be satisfied for the owner
or operator to earn the bonus payments.
(7) Guarantees regarding compliance monitoring and access
to the covered property on an annual basis.
(8) A description of the penalties for nonperformance and
default.
(9) Provisions for assignment of the agreement to a
subsequent owner or operator.
(10) Encumbrance provisions for recording the agreement.
(11) Such other terms as the Secretary may require.
(d) Duties of Owners and Operators.--During the term of the
agreement, the owner or operator of the eligible agricultural lands
covered by the agreement shall--
(1) implement the services to be rendered, conservation
practices to be implemented and maintained, or both, specified
in the agreement;
(2) keep such records as the Secretary may require for
purposes of evaluation of the implementation of the agreement;
and
(3) not to engage in any activity that would defeat the
purposes of the agreement.
(e) Duties of Secretary.--The Secretary shall ensure that payments
required by an agreement are made as provided in the agreement.
(f) Authorized Services.--The authorized services that may be
rendered by an owner or operator on eligible agricultural lands covered
by an agreement, and paid for by the Secretary under the agreement,
include the following:
(1) Removal of invasive species and continued management of
land and water resources in a way that prevents invasive
species from being reintroduced.
(2) Installation of best management practices or other
recommended practices to eliminate impacts on natural areas
outside a property's boundaries.
(3) Use of property for water retention or detention.
(4) Installation of phytoremediation cells and other waste
treatment facilities to provide environmental clean-up services
to remove suspended solids, particulates, toxic salts and
metals, and other pollutants from urban, suburban, industrial and farm
waste, including landfill leachates, stormwater runoff, tainted
groundwater and other sources of pollutants.
(5) Dedication of a portion of a property as a buffer strip
or filter strip.
(6) Retention of open space between developed areas and
natural areas.
(7) Implementation of wetland restoration, conservation, or
enhancement.
(8) Reduction of greenhouse emissions and enhancement of
carbon sequestering.
(9) Enhancement of soil, plant, or animal health and well-
being.
(10) Improvement of water quality.
(11) Improvement of air quality.
(12) Implementation of on-farm conservation and
regeneration of biological resources, including plant and
animal germplasm.
(13) Provision of access for research.
(14) Provision of periodic or limited public access in a
manner acceptable to the owner or operator.
(15) Any other service prescribed by or found to be
acceptable by the Secretary.
(g) Ensuring Availability of Funds.--All amounts required for
preparing, executing, carrying out, monitoring, and administering an
agreement for its entire term shall be made available by the Federal,
State, and local agencies and private sector entities involved in
funding the agreement upon execution of the agreement.
TITLE II--ADVISORY COUNCIL
SEC. 201. CREATION OF AN ADVISORY COUNCIL REGARDING PROGRAM.
(a) Appointment.--The Secretary shall appoint a 12-member advisory
council to assist the Secretary in carrying out the Farmland
Stewardship Program.
(b) Duties.--The advisory council shall assist the Secretary--
(1) in drafting such regulations as are necessary to carry
out the Program;
(2) in developing draft documents for executing farmland
stewardship agreements;
(3) in developing procedures and guidelines to facilitate
partnerships with other levels of government and nonprofit
organizations and assist contracting agencies in gathering data
and negotiating agreements;
(4) in designing criteria to consider applications
submitted under section 104(a);
(5) in providing assistance and training to project
partners and contracting agencies;
(6) in assisting project partners and contracting agencies
in combining together other conservation programs into
agreements;
(7) in tailoring the agreements to each individual
property;
(8) in monitoring progress under the agreements; and
(9) in reviewing and recommending possible modifications,
additions, adaptations, improvements, enhancements, or other
changes to the Program to improve the way in which the program
operates. | American Farmland Stewardship Act of 2001 - Directs the Secretary of Agriculture to establish the Farmland Stewardship Program to target existing conservation programs to the specific needs of individual parcels of eligible agricultural lands through stewardship agreements with the owners and operators of such lands, and in partnership with other Federal, State, and local agencies whose programs are incorporated into the Program. | To establish a Farmland Stewardship Program designed to target existing conservation programs to the specific conservation needs and opportunities presented by certain agricultural lands and to authorize the Secretary of Agriculture to enter into stewardship contracts with private owners and operators of these lands to maintain, protect, and care for the natural, environmental, and agricultural resources on these lands, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Work Pay Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Replacement of caseload reduction credit with employment
credit.
Sec. 4. States to receive partial credit toward work participation rate
for recipients engaged in part-time work.
Sec. 5. TANF recipients who qualify for supplemental security income
benefits removed from work participation
rate calculation for entire year.
Sec. 6. State option to include recipients of substantial child care or
transportation assistance in work
participation rate.
Sec. 7. Elimination of separate work participation rate for 2-parent
families.
Sec. 8. Effective date.
SEC. 3. REPLACEMENT OF CASELOAD REDUCTION CREDIT WITH EMPLOYMENT
CREDIT.
(a) Employment Credit To Reward States in Which Families Leave
Welfare for Work; Additional Credit for Families With Higher
Earnings.--
(1) In general.--Section 407(a) of the Social Security Act
(42 U.S.C. 607(a)) is amended by adding at the end the
following:
``(3) Employment credit.--
``(A) In general.--The minimum participation rate
otherwise applicable to a State under this subsection
for a fiscal year shall be reduced by the number of
percentage points in the employment credit for the
State for the fiscal year, as determined by the
Secretary--
``(i) using information in the National
Directory of New Hires, or
``(ii) with respect to a recipient of
assistance under the State program funded under
this part who is placed with an employer whose
hiring information is not reported to the
National Directory of New Hires, using
quarterly wage information submitted by the
State to the Secretary not later than such date
as the Secretary shall prescribe in
regulations.
``(B) Calculation of credit.--
``(i) In general.--The employment credit
for a State for a fiscal year is an amount
equal to--
``(I) twice the average quarterly
number of families that ceased to
receive cash payments under the State
program funded under this part during
the preceding fiscal year and that were
employed during the calendar quarter
immediately succeeding the quarter in
which the payments ceased, plus, at
State option, twice the number of
families that received a non-recurring
short-term benefit under the State
program funded under this part during
the preceding fiscal year and that were
employed in during the calendar quarter
immediately succeeding the quarter in
which the non-recurring short-term
benefit was so received; divided by
``(II) the average monthly number
of families that include an adult who
received cash payments under the State
program funded under this part during
the preceding fiscal year, plus, if the
State elected the option under
subclause (I), twice the number of
families that received a non-recurring
short-term benefit under the State
program funded under this part during
the preceding fiscal year.
``(ii) Special rule for former recipients
with higher earnings.--In calculating the
employment credit for a State for a fiscal
year, a family that, during the preceding
fiscal year, earned at least 33 percent of the
average wage in the State (determined on the
basis of State unemployment data) shall be
considered to be 1.5 families.
``(C) Publication of amount of credit.--Not later
than August 30 of each fiscal year, the Secretary shall
cause to be published in the Federal Register the
amount of the employment credit that will be used in
determining the minimum participation rate applicable
to a State under this subsection for the immediately
succeeding fiscal year.''.
(2) Authority of secretary to use information in national
directory of new hires.--Section 453(i) of such Act (42 U.S.C.
653(i)) is amended by adding at the end the following:
``(5) Calculation of employment credit for purposes of
determining state work participation rates under tanf.--The
Secretary may use the information in the National Directory of
New Hires for purposes of calculating State employment credits
pursuant to section 407(a)(2).''.
(b) Elimination of Caseload Reduction Credit.--Section 407(b) of
such Act (42 U.S.C. 607(b)) is amended by striking paragraph (3) and
redesignating paragraphs (4) and (5) as paragraphs (3) and (4),
respectively.
SEC. 4. STATES TO RECEIVE PARTIAL CREDIT TOWARD WORK PARTICIPATION RATE
FOR RECIPIENTS ENGAGED IN PART-TIME WORK.
Section 407(c)(1)(A) of the Social Security Act (42 U.S.C.
607(c)(1)(A)) is amended by adding at the end the following flush
sentence:
``For purposes of subsection (b)(1)(B)(i), a family
that does not include a recipient who is participating
in work activities for an average of 30 hours per week
during a month but includes a recipient who is
participating in such activities during the month for
an average of at least 50 percent of the minimum
average number of hours per week specified for the
month in the table set forth in this subparagraph shall
be counted as a percentage of a family that includes an
adult or minor child head of household who is engaged
in work for the month, which percentage shall be the
number of hours for which the recipient participated in
such activities during the month divided by the number
of hours of such participation required of the
recipient under this section for the month.''.
SEC. 5. TANF RECIPIENTS WHO QUALIFY FOR SUPPLEMENTAL SECURITY INCOME
BENEFITS REMOVED FROM WORK PARTICIPATION RATE CALCULATION
FOR ENTIRE YEAR.
Section 407(b)(1)(B)(ii) of the Social Security Act (42 U.S.C.
607(b)(1)(B)(ii)) is amended--
(1) in subclause (I), by inserting ``who has not become
eligible for supplemental security income benefits under title
XVI during the fiscal year'' before the semicolon; and
(2) in subclause (II), by inserting ``, and that do not
include an adult or minor child head of household who has
become eligible for supplemental security income benefits under
title XVI during the fiscal year'' before the period.
SEC. 6. STATE OPTION TO INCLUDE RECIPIENTS OF SUBSTANTIAL CHILD CARE OR
TRANSPORTATION ASSISTANCE IN WORK PARTICIPATION RATE.
(a) In General.--Section 407(a)(1) of the Social Security Act (42
U.S.C. 607(a)(1)) is amended by inserting ``(including, at the option
of the State, a family that includes an adult who is receiving
substantial child care or transportation assistance, as defined by the
Secretary, in consultation with directors of State programs funded
under this part, which definition shall specify for each type of
assistance a threshold which is a dollar value or a length of time over
which the assistance is received, and take account of large one-time
transition payments, except any family taken into account under
paragraph (2)(B)(i)(I))'' before the colon.
(b) Data Collection and Reporting.--Section 411(a)(1)(A) of such
Act (42 U.S.C. 611(a)(1)(A)) is amended in the matter preceding clause
(i) by inserting ``(including any family with respect to whom the State
has exercised its option under section 407(a)(1))'' after
``assistance''.
SEC. 7. ELIMINATION OF SEPARATE WORK PARTICIPATION RATE FOR 2-PARENT
FAMILIES.
Section 407 (42 U.S.C. 607) of the Social Security Act is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``All families''
and inserting ``In general''; and
(B) by striking paragraph (2) and redesignating
paragraph (3) (as added by section 3(a)(1) of this Act)
as paragraph (2); and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) in paragraph (3) (as so redesignated by section
3(b) of this Act), by striking ``paragraphs (1)(B) and
(2)(B)'' and inserting ``paragraph (1)(B)'';
(C) in paragraph (4) (as so redesignated), by
striking ``rates'' and inserting ``rate''; and
(D) by redesignating such paragraphs (3) and (4)
(as so redesignated) as paragraphs (2) and (3),
respectively.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on October 1, 2003.
(b) State Option To Phase-in Replacement of Caseload Reduction
Credit With Employment Credit and Delay Applicability of Other
Provisions.--A State may elect to have the amendments made by sections
3(b) and 4 through 6 of this Act not apply to the State program funded
under part A of title IV of the Social Security Act until October 1,
2004, and if the State makes the election, then, in determining the
participation rate of the State for purposes of sections 407 and
409(a)(3) of the Social Security Act for fiscal year 2004, the State
shall be credited with \1/2\ of the reduction in the rate that would
otherwise result from applying section 407(a)(2) of the Social Security
Act (as added by section 3(a)(1), and as so redesignated by section
7(1)(B), of this Act) to the State for fiscal year 2004 and \1/2\ of
the reduction in the rate that would otherwise result from applying
section 407(b)(3) of the Social Security Act to the State for fiscal
year 2004. | Making Work Pay Act - Amends part A (Temporary Assistance to Needy Families) (TANF) of title IV of the Social Security Act (SSA), with respect to rewards to States in which families leave welfare for work, to replace the caseload reduction credit with an employment credit. Requires the reduction of a State's minimum participation rate by the number of percentage points in the State's employment credit for the fiscal year.Allows States to receive partial credit toward their work participation rate for recipients engaged in part-time work for an average of at least half the minimum average number of hours per week.Removes from the work participation rate calculation for a entire year any TANF recipients who qualify for supplemental security income benefits under SSA title XVI.Grants States the option to include recipients of substantial child care or transportation assistance in the work participation rate.Repeals the separate work participation rate for two-parent families (thus lowering their rate to the one applied to one-parent families). | A bill to replace the caseload reduction credit with an employment credit under the program of block grants to States for temporary assistance for needy families, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Spending Accountability
Act of 2013'' or the ``GSA Act of 2013''.
SEC. 2. LIMITS AND TRANSPARENCY FOR CONFERENCE AND TRAVEL SPENDING.
(a) Amendment.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5711 the following:
``Sec. 5712. Limits and transparency for conference and travel spending
``(a) Conference Transparency and Spending Limits.--
``(1) Public availability of conference materials.--Each
agency shall post on the public website of that agency detailed
information on any presentation made by any employee of that
agency at a conference (except to the extent the head of an
agency excludes such information for reasons of national
security or information described under section 552(b))
including--
``(A) the prepared text of any verbal presentation
made; and
``(B) any visual, digital, video, or audio
materials presented, including photographs, slides, and
audio-visual recordings.
``(2) Limits on amount expended on a conference.--
``(A) In general.--Except as provided under
subparagraph (B), an agency may not expend more than
$500,000 to support a single conference.
``(B) Exception.--The head of an agency may waive
the limitation under subparagraph (A) for a specific
conference after making a determination that the
expenditure is justified as the most cost-effective
option to achieve a compelling purpose. The head of an
agency shall submit to the appropriate congressional
committees a report on any waiver granted under this
subparagraph, including the justification for such
waiver.
``(C) Rule of construction.--Nothing in this
paragraph shall be construed to preclude an agency from
receiving financial support or other assistance from a
private entity to pay or defray the costs of a
conference the total cost of which exceeds $500,000.
``(b) International Conference Rule.--An agency may not pay the
travel expenses for more than 50 employees of that agency who are
stationed in the United States, for any international conference,
unless the Secretary of State determines that attendance for such
employees is in the national interest, or the head of the agency
determines that attendance for such employees is critical to the
agency's mission. The Secretary of State and the head of an agency
shall submit to the appropriate congressional committees a report on
any waiver granted under this subsection, including the justification
for such waiver.
``(c) Reporting on Travel and Conference Expenses Required.--At the
beginning of each quarter of each fiscal year, each agency shall post
on the public website of that agency a report on each conference that
costs more than $10,000 for which the agency paid travel expenses
during the preceding 3 months that includes--
``(1) the itemized expenses paid by the agency, including
travel, lodging, and meal expenses, and any other agency
expenditures to otherwise support the conference;
``(2) the primary sponsor of the conference;
``(3) the location of the conference;
``(4) the date of the conference;
``(5) a brief explanation of how the participation of
employees from such agency at the conference advanced the
mission of the agency;
``(6) the title of any employee, or any individual who is
not a Federal employee, whose travel expenses or other
conference expenses were paid by the agency;
``(7) the total number of individuals whose travel expenses
or other conference expenses were paid by the agency; and
``(8) in the case of a conference for which that agency was
the primary sponsor, a statement that--
``(A) describes the cost to the agency of selecting
the specific conference venue;
``(B) describes why the location was selected,
including a justification for such selection;
``(C) demonstrates the cost efficiency of the
location;
``(D) provides a cost benefit analysis of holding a
conference rather than conducting a teleconference; and
``(E) describes any financial support or other
assistance from a private entity used to pay or defray
the costs of the conference, and for each case where
such support or assistance was used, the head of the
agency shall include a certification that there is no
conflict of interest resulting from such support or
assistance.
``(d) Format and Publication of Reports.--Each report posted on the
public website under subsection (c) shall--
``(1) be in a searchable electronic format; and
``(2) remain on that website for at least 5 years after the
date of posting.
``(e) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given that
term under section 5701, but does not include the government of
the District of Columbia.
``(2) Conference.--The term `conference' means a meeting,
retreat, seminar, symposium, or event that--
``(A) is held for consultation, education,
discussion, or training; and
``(B) is not held entirely at a Government
facility.
``(3) International conference.--The term `international
conference' means a conference occurring outside the United
States attended by representatives of--
``(A) the Government of the United States; and
``(B) any foreign government, international
organization, or foreign nongovernmental
organization.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5711 the following:
``5712. Limits and transparency for conference and travel spending.''.
(c) Annual Travel Expense Limits.--
(1) In general.--In the case of each of fiscal years 2014
through 2018, an agency (as defined under section 5712(e) of
title 5, United States Code, as added by subsection (a)) may
not make, or obligate to make, expenditures for travel
expenses, in an aggregate amount greater than 70 percent of the
aggregate amount of such expenses for fiscal year 2010.
(2) Exemptions.--The agency may exclude certain travel
expenses from the limitation under paragraph (1) only if the
agency head determines that inclusion of such expenses would
undermine national security, international diplomacy, health
and safety inspections, law enforcement, or site visits
required for oversight or investigatory purposes.
(3) Report to congress.--In each of fiscal years 2014
through 2018, the head of each agency shall submit to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report containing--
(A) the justification for any expenses excluded
(under paragraph (2)) from the limitation under
paragraph (1); and
(B) the positive or negative impacts, if any, of
the limitation under paragraph (1) on the agency's
mission, cost-effectiveness, efficiency, and ability to
perform core functions.
(4) Identification of travel expenses.--
(A) Responsibilities.--Not later than September 30,
2013, and after consultation with the Administrator of
General Services and the Director of the Administrative
Office of the United States Courts, the Director of the
Office of Management and Budget shall establish
guidelines for the determination of what expenses
constitute travel expenses for purposes of this
subsection. The guidelines shall identify specific
expenses, and classes of expenses, that are to be
treated as travel expenses.
(B) Exemption for military travel.--The guidelines
required under subparagraph (A) shall exclude military
travel expenses in determining what expenses constitute
travel expenses. Military travel expenses shall include
travel expenses involving military combat, the training
or deployment of uniformed military personnel, and such
other travel expenses as determined by the Director of
the Office of Management and Budget, in consultation
with the Administrator of General Services and the
Director of the Administrative Office of the United
States Courts.
Passed the House of Representatives July 31, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Government Spending Accountability Act of 2013 or the GSA Act of 2013 - Requires each federal agency to post on its public website detailed information on employee presentations at conferences, including: (1) the prepared text of any verbal presentation; and (2) any visual, digital, video, or audio materials presented, including photographs, slides, and audio-visual recordings. Allows a waiver of such requirement for reasons of national security. Limits to $500,000 the amount that any agency may spend to support a single conference. Allows an agency head to waive such limitation for a specific conference after making a determination that a higher expenditure is justified as the most cost-effective option to achieve a compelling purpose. Requires the agency head to report to the appropriate congressional committees on any waiver granted and the justification for such waiver. Prohibits an agency from paying the travel expenses for more than 50 employees stationed in the United States to attend any international conference, unless the Secretary of State determines that attendance of such employees is in the national interest, or the agency head determines that attendance for such employees is critical to the agency's mission. Requires the Secretary and the agency head to report to the appropriate congressional committees on any waiver granted and the justification for such waiver. Requires each agency to post on its public website quarterly reports on each conference that costs more than $10,000 for which the agency paid travel expenses during the preceding 3 months that include: itemized expenses, including travel, lodging, meal expenses, and any other agency expenditures to support the conference; the primary sponsor of the conference; the location and date of the conference; an explanation of how participation at the conference by agency employees advanced the mission of the agency; the title of any employee or other individual whose travel or conference expenses were paid by the agency; the total number of individuals whose travel or conference expenses were paid by the agency; and for a conference for which the agency was the primary sponsor, a statement that: (1) describes the cost to the agency of selecting the specific conference venue and why such location was selected, (2) demonstrates the cost efficiency of the location, (3) provides a cost benefit analysis of holding a conference rather than conducting a teleconference, and (4) describes any financial support or assistance from a private entity used to pay or defray the costs of the conference and a certification from the agency head that no conflict of interest resulted from accepting such support or assistance. Limits agency travel expenses for FY2014-FY2018 to 70% of the aggregate amount of such expenses for FY2010. Allows an agency to exclude certain travel expenses from such limitation if the agency head determines that the inclusion of such expenses would undermine national security, international diplomacy, health and safety inspections, law enforcement, or site visits required for oversight or investigatory purposes. Requires agency heads to report to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs in each of FY2014-FY2018 on: (1) the justification for any expenses excluded; and (2) the positive or negative impacts, if any, of the limitation on travel expenses on the agency's mission, cost-effectiveness, efficiency, and ability to perform core functions. Requires the Director of the Office of Management and Budget (OMB), not later than September 30, 2013, to establish guidelines for determining what expenses constitute travel expenses for purposes of this Act. Exempts from such guidelines military travel expenses. | GSA Act of 2013 |
SECTION 1. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.
(a) Definitions.--In this section:
(1) Middle mississippi river.--The term ``middle
Mississippi River'' means the reach of the Mississippi River
from the mouth of the Ohio River (river mile 0, Upper
Mississippi River) to the mouth of the Missouri River (river
mile 195).
(2) Missouri river.--The term ``Missouri River'' means the
reach of the Missouri River from the mouth of the Missouri
River (river mile 0, Missouri River) to river mile 742.
(3) Project.--The term ``project'' means the project
authorized by this section.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Protection and Enhancement Activities.--
(1) Plan.--
(A) Development.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
develop a plan for a project to protect and enhance
fish and wildlife habitat of the Missouri River and the
middle Mississippi River.
(B) Activities.--
(i) In general.--The plan shall provide for
such activities as are necessary to protect and
enhance fish and wildlife habitat without
adversely affecting--
(I) the water-related needs of the
region surrounding the Missouri River
and the middle Mississippi River,
including flood control, navigation,
and enhancement of water supply; and
(II) private property rights.
(ii) Required activities.--The plan shall
include--
(I) modification and improvement of
navigation training structures to
protect and enhance fish and wildlife
habitat;
(II) modification and creation of
side channels to protect and enhance
fish and wildlife habitat;
(III) restoration and creation of
island fish and wildlife habitat;
(IV) creation of riverine fish and
wildlife habitat;
(V) establishment of criteria for
prioritizing the type and sequencing of
activities based on cost-effectiveness
and likelihood of success; and
(VI) physical and biological
monitoring for evaluating the success
of the project.
(2) Implementation of activities.--
(A) In general.--Using funds made available to
carry out this section, the Secretary shall carry out
the activities described in the plan.
(B) Use of existing authority for unconstructed
features of the project.--Using funds made available to
the Secretary under other law, the Secretary shall
design and construct any feature of the project that
may be carried out using the authority of the Secretary
to modify an authorized project, if the Secretary
determines that the design and construction will--
(i) accelerate the completion of activities
to protect and enhance fish and wildlife
habitat of the Missouri River or the middle
Mississippi River; and
(ii) be compatible with the project
purposes described in this section.
(c) Integration of Other Activities.--
(1) In general.--In carrying out the activities described
in subsection (b), the Secretary shall integrate the activities
with other Federal and State activities.
(2) Effect on authority.--
(A) Existing authority.--Except as otherwise
expressly provided in this section, nothing in this
section affects--
(i) the authority to carry out the project
for mitigation of fish and wildlife losses,
Missouri River Bank Stabilization and
Navigation Project, Missouri, Kansas, Iowa, and
Nebraska, authorized by section 601(a) of the
Water Resources Development Act of 1986 (100
Stat. 4143);
(ii) the authority provided by section 1103
of the Water Resources Development Act of 1986
(33 U.S.C. 652); or
(iii) any other authority in effect on the
date of enactment of this Act or any
requirement of the authority.
(B) New authority.--Nothing in this section confers
any new regulatory authority on any Federal or non-
Federal entity that carries out any activity authorized
by this section.
(d) Public Participation.--In developing and carrying out the plan
under subsection (b) and the activities described in subsection (c),
the Secretary shall provide for public review and comment in accordance
with applicable Federal law, including--
(1) providing advance notice of meetings;
(2) providing adequate opportunity for public input and
comment;
(3) maintaining appropriate records; and
(4) compiling a record of the proceedings of meetings.
(e) Compliance With Applicable Law.--In carrying out the activities
described in subsections (b) and (c), the Secretary shall comply with
any applicable Federal law, including the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
(f) Cost Sharing.--
(1) Non-federal share.--The non-Federal share of the cost
of the project (including design and construction described in
subsection (b)(2)(B)) shall not exceed 25 percent.
(2) Federal share.--The Federal share of the cost of any 1
activity described in subsection (b) shall not exceed
$5,000,000.
(3) Operation and maintenance.--The operation and
maintenance of the project shall be a Federal responsibility.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
pay the Federal share of the cost of carrying out activities
under this section $50,000,000 for the period of fiscal years
1999 through 2004.
(2) Management of funds.--Funds made available under this
subsection shall be managed by the Mississippi Valley Division
of the Army Corps of Engineers and distributed to the
appropriate Districts of the Army Corps of Engineers. | Directs the Secretary of the Interior to develop a plan for a project to protect and enhance fish and wildlife habitat of the Missouri River and middle Mississippi River (from the mouth of the Ohio River to the mouth of the Missouri River). Prohibits such plan from adversely affecting: (1) the water-related needs of the region surrounding such rivers; and (2) private property rights. Requires specified plan activities, and requires such activities to be integrated with other related Federal and State activities.
Directs the Secretary to provide for public review and comment on such plan. Requires plan compliance with applicable environmental laws. Provides Federal and non-Federal shares of project costs.
Authorizes appropriations for FY 1999 through 2004. | To authorize the Secretary of the Army to carry out a project to protect and enhance fish and wildlife habitat of the Missouri River and the middle Mississippi River. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tiffany Joslyn Juvenile
Accountability Block Grant Program Reauthorization Act of 2016''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives''; and
(B) in paragraph (3), by striking ``hiring juvenile
court judges, probation officers, and court-appointed
defenders and special advocates, and'';
(C) by striking paragraphs (4) and (7), and
redesignating paragraphs (5) through (17) as paragraphs
(4) through (15), respectively; and
(D) in paragraph (11), as so redesignated, by
striking ``research-based bullying, cyberbullying, and
gang prevention programs'' and inserting
``interventions such as researched-based anti-bullying,
anti-cyberbullying, and gang prevention programs, as
well as mental health services and trauma-informed
practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``,
incentives,'';
(B) in subsection (e)(1)(B), by striking
``graduated sanctions'' and inserting ``graduated
sanctions and incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction
may include'' the following: ``a range
of court-approved interventions, such
as''; and
(II) by inserting after ``a fine,''
the following: ``a restorative justice
program,''; and
(ii) by inserting after paragraph (2) the
following:
``(3) Incentives.--The term `incentives' means
individualized, goal-oriented, and graduated responses to a
juvenile offender's compliance with court orders and case
disposition terms designed to reinforce or modify the skills
and behaviors of the juvenile offender. An incentive may
include a certificate of achievement, a letter of
recommendation, a family or program activity, a meeting or
special outing with a community leader, a reduction in
community service hours, a reduced curfew or home-restriction,
a decrease in required court appearances, or a decrease in the
term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each
of fiscal years 2006 through 2009'' and inserting ``$25,000,000
for each of fiscal years 2018 through 2022''; and
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this section, the
term `applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of
Representatives.
``(b) Accountability.--All grants awarded by the Attorney General
under this part shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months after the date on which the final audit
report is issued.
``(B) Audit.--Beginning in the first fiscal year
beginning after the date of enactment of this section,
and in each fiscal year thereafter, the Inspector
General of the Department of Justice shall conduct
audits of recipients of grants awarded by the Attorney
General under this part to prevent waste, fraud, and
abuse of funds by grantees. The Inspector General shall
determine the appropriate number of grantees to be
audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this part that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this part during the first 2
fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
part, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant
funds under this part during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section, the
Attorney General shall submit to the applicable committees an
annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector
General of the Department of Justice under
paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General
or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with other grants awarded
under this part by the Attorney General to determine if
duplicate grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable
committees a report that includes--
``(A) a list of all duplicate grants awarded under
this part, including the total dollar amount of any
duplicate grants awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best practices is
encouraged for all activities for which grants under part R of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 may be used.
SEC. 4. USE OF AMOUNTS MADE AVAILABLE FOR DEPARTMENT OF JUSTICE,
GENERAL ADMINISTRATION TO CARRY OUT JUVENILE
ACCOUNTABILITY BLOCK GRANT PROGRAM.
In each of fiscal years 2018 through 2022, the Attorney General
shall use up to $25,000,000 of the amounts made available for
Department of Justice, General Administration, to carry out part R of
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796ee et seq.).
Amend the title so as to read: ``A bill to amend the
Omnibus Crime Control and Safe Streets Act of 1968 to
reauthorize the Juvenile Accountability Block Grant program,
and for other purposes.''. | Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2016 (Sec. 2) This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2022 the Juvenile Accountability Block Grant (JABG) Program. It subjects JABG grants to accountability measures. The Department of Justice's (DOJ's) Office of Inspector General must conduct annual audits of selected grant recipients. DOJ must submit an annual certification to Congress and identify and report on duplicative grant awards. (Sec. 3) The bill expresses the sense of Congress that the use of best practices is encouraged for activities carried out with JABG funds. (Sec. 4) DOJ must use amounts made available for general administration to carry out the JABG Program. | Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Delaware Water Gap National
Recreation Area Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corporation.--The term ``Corporation'' means the Columbia
Gas Transmission Corporation.
(2) Pipeline.--The term ``pipeline'' means that portion of the
pipeline of the Corporation numbered 1278 that is--
(A) located in the Recreation Area; and
(B) situated on 2 tracts designated by the Corporation as
ROW No. 16405 and No. 16413.
(3) Recreation area.--The term ``Recreation Area'' means the
Delaware Water Gap National Recreation Area in the Commonwealth of
Pennsylvania.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Superintendent.--The term ``Superintendent'' means the
Superintendent of the Recreation Area.
SEC. 3. EASEMENT FOR EXPANDED NATURAL GAS PIPELINE.
(a) In General.--The Secretary may enter into an agreement with the
Corporation to grant to the Corporation an easement to enlarge the
diameter of the pipeline from 14 inches to not more than 20 inches.
(b) Terms and Conditions.--The easement authorized under subsection
(a) shall--
(1) be consistent with--
(A) the recreational values of the Recreation Area; and
(B) protection of the resources of the Recreation Area;
(2) include provisions for the protection of resources in the
Recreation Area that ensure that only the minimum and necessary
amount of disturbance, as determined by the Secretary, shall occur
during the construction or maintenance of the enlarged pipeline;
(3) be consistent with the laws (including regulations) and
policies applicable to units of the National Park System; and
(4) be subject to any other terms and conditions that the
Secretary determines to be necessary;
(c) Permits.--
(1) In general.--The Superintendent may issue a permit to the
Corporation for the use of the Recreation Area in accordance with
subsection (b) for the temporary construction and staging areas
required for the construction of the enlarged pipeline.
(2) Prior to issuance.--The easement authorized under
subsection (a) and the permit authorized under paragraph (1) shall
require that before the Superintendent issues a permit for any
clearing or construction, the Corporation shall--
(A) consult with the Superintendent;
(B) identify natural and cultural resources of the
Recreation Area that may be damaged or lost because of the
clearing or construction; and
(C) submit to the Superintendent for approval a restoration
and mitigation plan that--
(i) describes how the land subject to the easement will
be maintained; and
(ii) includes a schedule for, and description of, the
specific activities to be carried out by the Corporation to
mitigate the damages or losses to, or restore, the natural
and cultural resources of the Recreation Area identified
under subparagraph (B).
(d) Pipeline Replacement Requirements.--The enlargement of the
pipeline authorized under subsection (a) shall be considered to meet
the pipeline replacement requirements required by the Research and
Special Programs Administration of the Department of Transportation
(CPF No. 1-2002-1004-H).
(e) FERC Consultation.--The Corporation shall comply with all other
requirements for certification by the Federal Energy Regulatory
Commission that are necessary to permit the increase in pipeline size.
(f) Limitation.--The Secretary shall not grant any additional
increases in the diameter of, or easements for, the pipeline within the
boundary of the Recreation Area after the date of enactment of this
Act.
(g) Effect on Right-of-Way Easement.--Nothing in this Act increases
the 50-foot right-of-way easement for the pipeline.
(h) Penalties.--On request of the Secretary, the Attorney General
may bring a civil action against the Corporation in United States
district court to recover damages and response costs under Public Law
101-337 (16 U.S.C. 19jj et seq.) or any other applicable law if--
(1) the Corporation--
(A) violates a provision of--
(i) an easement authorized under subsection (a); or
(ii) a permit issued under subsection (c); or
(B) fails to submit or timely implement a restoration and
mitigation plan approved under subsection (c)(2)(C); and
(2) the violation or failure destroys, results in the loss of,
or injures any park system resource (as defined in section 1 of
Public Law 101-337 (16 U.S.C. 19jj)).
SEC. 4. USE OF CERTAIN ROADS WITHIN DELAWARE WATER GAP.
Section 702 of Division I of the Omnibus Parks and Public Lands
Management Act of 1996 (Public Law 104-333; 110 Stat. 4185) is
amended--
(1) in subsection (a), by striking ``at noon on September 30,
2005'' and inserting ``on the earlier of the date on which a
feasible alternative is available or noon of September 30, 2015'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``September 30, 2005''
and inserting ``on the earlier of the date on which a feasible
alternative is available or September 30, 2015''; and
(B) in paragraph (2)--
(i) by striking ``noon on September 30, 2005'' and
inserting ``the earlier of the date on which a feasible
alternative is available or noon of September 30, 2015'';
and
(ii) by striking ``not exceed $25 per trip'' and
inserting the following: ``be established at a rate that
would cover the cost of collection of the commercial use
fee, but not to exceed $40 per trip''.
SEC. 5. TERMINATION OF NATIONAL PARK SYSTEM ADVISORY BOARD.
Effective on January 1, 2006, section 3(f) of the Act of August 21,
1935 (16 U.S.C. 463(f)) is amended in the first sentence by striking
``2006'' and inserting ``2007''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Delaware Water Gap National Recreation Area Improvement Act - Authorizes the Secretary of the Interior to grant an easement to the Columbia Gas Transmission Corporation to enlarge the diameter of a specified natural gas pipeline from 14 inches to not more than 20 inches, consistent with the recreational values and protection of the resources of the Delaware Water Gap National Recreation Area in Pennsylvania.
Authorizes the Superintendent of the Recreation Area to issue a permit to the Corporation for the use of the Recreation Area in accordance with specified procedural requirements for the temporary areas required for the construction of the enlarged pipeline.
Requires the Corporation to comply with Federal Energy Regulatory Commission (FERC) certification requirements for the increase in pipeline size.
Prohibits the Secretary from granting additional increases in the diameter of, or easements for, the pipeline within the boundary of the Recreation Area after the date of enactment of this Act.
Authorizes the Attorney General, at the Secretary's request, to bring against the Corporation a civil action for damages and response costs if the Corporation violates easement or permit provisions, fails to submit or timely implement an approved restoration and mitigation plan, or the violation or failure destroys, results in the loss of, or injures park system resources.
Amends the Omnibus Parks and Public Lands Management Act of 1996 to modify the effective date of the prohibition against the use of Highway 209 within Delaware Water Gap National Recreation Area by certain commercial vehicles. Changes such date from noon on September 30, 2005, to the earlier of the date on which a feasible alternative is available, or noon of September 30, 2015.
Increases from $25 to $40 the maximum commercial use fee which the Secretary is required to collect from commercial vehicles until the effective date of the prohibition.
Extends the National Park System Advisory Board until January 1, 2007. | A bill to authorize the Secretary of the Interior to allow the Columbia Gas Transmission Corporation to increase the diameter of a natural gas pipeline located in the Delaware Water Gap National Recreation Area, to allow certain commercial vehicles to continue to use Route 209 within the Delaware Water Gap National Recreation Area, and to extend the termination date of the National Park System Advisory Board to January 1, 2007. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Assistance
Act of 2001''.
SEC. 2. DISASTER ASSISTANCE TO REOPEN SMALL BUSINESS CONCERNS AND
AGRICULTURAL ENTERPRISES.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
(1) in subsection (b), by inserting before the undesignated
paragraph that begins with ``No loan under this subsection,''
the following:
``(4) In accordance with subsection (o), the Administration may
make grants and loans under this subsection.''; and
(2) by adding at the end the following:
``(o) Disaster Assistance Programs To Reopen Small Business
Concerns and Agricultural Enterprises.--
``(1) Grant program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make grants to
small business concerns and agricultural enterprises
following a natural or other disaster to assist such
concerns and enterprises in reopening for business.
``(B) Eligibility.--A small business concern or
agricultural enterprise may receive a grant under this
paragraph only if it--
``(i) was a viable business concern (as
determined by the Administration) at the time
of the disaster; and
``(ii) is likely to be a viable business
concern (as determined by the Administration)
after receiving assistance under this
subsection.
``(C) Maximum.--The Administration may make no
grant under this paragraph that exceeds $30,000.
``(D) Timing.--In making grants under this
paragraph, the Administration shall disburse grant
funds as soon as is practicable after a disaster.
``(2) Loan program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make loans to small
business concerns following a natural or other disaster
to assist such concerns in reopening and remaining open for business.
``(B) Direct and guaranteed loans permissible.--The
Administration may make loans under this paragraph
either directly or in cooperation with banks or other
lending institutions through agreements to participate
on an immediate or deferred (guaranteed) basis.
``(C) Repayment.--
``(i) One-year deferral.--The
Administration may not require the borrower
with respect to a loan made under this
paragraph to repay any principal of the loan,
or any interest on such principal, before the
date that is 1 year after the date on which the
proceeds of the loan are disbursed.
``(ii) Application of repaid amounts.--The
Administration shall apply all amounts repaid
with respect to a loan made under this
paragraph--
``(I) to the principal of the loan;
and
``(II) to the extent that such
amounts are sufficient, to the interest
on such principal.
``(3) Limitation on eligibility.--Notwithstanding any other
provision of this subsection, the Administration may not make
assistance available under this subsection to any person,
concern, or enterprise that is in default of any outstanding--
``(A) Federal obligation;
``(B) child support obligation; or
``(C) judgment of a Federal or State court.
``(4) Use of proceeds.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
the recipient to--
``(A) agree to use the proceeds of such grant or
loan only to repair or replace items and structures
that were lost or damaged as a result of a disaster;
and
``(B) agree not to use any of the proceeds of such
grant or loan for relocation, unless the recipient is
directed by a government agency to relocate for safety,
health, or mitigation purposes.
``(5) Flood insurance.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
each recipient that operates in a location that the
Administration determines is prone to flooding--
``(A) to obtain flood insurance, or to ensure that
such insurance is obtained, for the maximum insurable
value of the concern's structure (whether owned or
leased) and the contents of such structure; and
``(B) to maintain such flood insurance for the
period of time that the concern continues to operate in
such a location.
``(6) Agricultural enterprises.--
``(A) Defined.--In this subsection, the term
`agricultural enterprise' means--
``(i) an agricultural enterprise within the
meaning of the term under section 3(a); and
``(ii) a farm not larger than a family farm
within the meaning of such term under section
321 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961).
``(B) Consultation requirement.--Before issuing
regulations to implement paragraph (1), the
Administration shall consult with the Secretary of
Agriculture with respect to the effect of such
regulations on agricultural enterprises.''.
SEC. 3. CONFORMING AMENDMENT.
Section 4(f)(1) (15 U.S.C. 633(f)(1)) of the Small Business Act is
amended by striking ``section 462(b) of the Social Security Act'' and
inserting ``section 459 of the Social Security Act''.
SEC. 4. APPLICABILITY.
The amendments made by section 2 shall apply to any major disaster
declared after September 1, 1999. | Small Business Disaster Assistance Act of 2001 - Authorizes the Small Business Administration (SBA) to make grants to small businesses and agricultural enterprises following a natural or other disaster to assist such entities in reopening for business. Limits such grants to $30,000 per entity.Authorizes the SBA to make loans, either directly or through banks or other lending institutions, to small businesses following a natural or other disaster to assist such businesses in reopening. Outlines loan requirements, including requiring businesses operating in flood-prone areas to carry flood insurance. | To authorize the Small Business Administration to make grants and loans to small business concerns, and grants to agricultural enterprises, to enable such concerns and enterprises to reopen for business after a natural or other disaster. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Prescription Drugs Act''.
SEC. 2. COMPULSORY LICENSING OF CERTAIN PATENTED MEDICAL INVENTIONS.
(a) In General.--Chapter 14 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 158. Compulsory licensing
``(a) Compulsory Licensing of Certain Patented Medical
Inventions.--In the case of any subject invention relating to health in
which a patent holder, contractor, exclusive licensee, or assignee has
acquired title under this title, the Secretary of Health and Human
Services shall have the right to establish other use of the subject
matter of the patent without authorization of the right holder if the
Secretary makes the determination described in subsection (b).
``(b) Determination.--The determination of the Secretary of Health
and Human Services referred to in subsection (a) is a determination
that--
``(1) the patent holder, contractor, licensee, or assignee
referred to in subsection (a) has not taken, or is not expected
to take within a reasonable time, effective steps to achieve
practical application of the subject invention in a field of
use;
``(2) such compulsory license is necessary to alleviate
health or safety needs which are not adequately satisfied by
the patent holder, contractor, licensee, or assignee; or
``(3) the patented material is priced higher than may be
reasonably expected based on criteria developed by the
Secretary of Commerce.
``(c) Factors in Authorizing Other Use.--In exercising the right
under subsection (a) to authorize other use of the subject matter of a
patent, the following shall apply:
``(1) Authorization of such use shall be considered on its
individual merits.
``(2) Such use may only be permitted if, prior to such use,
the proposed user has made efforts to obtain authorization from
the right holder on reasonable commercial terms and conditions
and that such efforts have not been successful within a
reasonable period of time. This requirement may be waived in
the case of a national emergency or other circumstances of
extreme urgency or in cases of public noncommercial use. In
situations of national emergency or other circumstances of
extreme urgency, the right holder shall, nevertheless, be
notified as soon as reasonably practicable. In the case of
public noncommercial use, where the Government or (if
applicable) a contractor of the Government, without making a
patent search, knows or has demonstrable grounds to know that a
valid patent is or will be used by or for the Government, the
right holder shall be informed promptly.
``(3) Such use shall be nonexclusive.
``(4) Such use shall be nonassignable, except with that
part of the enterprise or goodwill which enjoys such use.
``(5) Authorization for such use shall be liable, subject
to adequate protection of the legitimate interests of the
persons so authorized, to be terminated if and when the
circumstances which led to it cease to exist and are unlikely
to recur. The competent authority shall have the authority to
review, upon appropriate request, the continued existence of
such circumstances.
``(6) The right holder shall be paid adequate remuneration
in the circumstances of each case, taking into account the
economic value of the authorization.
``(7) The legal validity of any decision relating to the
authorization of such use shall be subject to judicial review
or other independent review by a distinct Federal authority.
``(8) Any decision relating to the remuneration provided in
respect of such use shall be subject to judicial review or
other independent review by a distinct Federal authority.
``(9) The condition set forth in paragraph (2) is not
applicable where such use is permitted to remedy a practice
determined after judicial or administrative process to be
anticompetitive. The need to correct anticompetitive practices
may be taken into account in determining the amount of
remuneration in such cases. The competent authorities shall
have the authority to refuse termination of authorization if
and when the conditions which led to such authorization are
likely to recur.
``(10) Where such use is authorized to permit the
exploitation of a patent (`the 2nd patent') which cannot be
exploited without infringing another patent (`the 1st patent'),
the following additional conditions shall apply:
``(A) The invention claimed in the 2nd patent shall
involve an important technical advance of considerable
economic significance in relation to the invention
claimed in the 1st patent.
``(B) The owner of the 1st patent shall be entitled
to a cross-license on reasonable terms to use the
invention claimed in the 2nd patent.
``(C) The use authorized in respect of the 1st
patent shall be nonassignable except with the
assignment of the 2nd patent.
``(d) Consistency With TRIPS.--Regulations adopted under subsection
(a) shall be consistent with provisions of the Agreement on Trade-
Related Aspects of Intellectual Property Rights referred to in section
101(d)(15) of the Uruguay Round Agreements Act.''.
(b) Conforming Amendment.--the table of contents for chapter 14 of
title 35, United States Code, is amended by adding at the end the
following new item:
``158. Compulsory licensing.''.
SEC. 3. REPORT ON PHARMACEUTICAL COSTS AND SALES.
(a) Report Requirement.--Any person engaged in the manufacture and
sale of any drug approved under section 505 or 512 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355, 360b) for which a patent is
still in effect shall report to the Congress annually an audit of all
financial information relevant to the pricing of that drug nationally
and internationally, including the costs of research and development,
sufficient to assess the reasonableness of that pricing, in accordance
with specifications developed by the Secretary of Commerce in
consultation with the Commissioner of Food and Drugs.
(b) Disqualification From Participation in Federal Programs as
Penalty for Noncompliance.--In the case of a person who the Secretary
of Commerce determines has failed to submit a report required under
subsection (a) on a timely basis, the person shall be ineligible to
receive payment from the Federal Government or under any Federal
program (including under the medicare and medicaid programs) for any
prescription drug or biologic it manufactures or sells until the date
the Secretary determines that such failure has ceased. | Requires any person engaged in the manufacture and sale of any new drug or new animal drug approved under the Federal Food, Drug, and Cosmetic Act, for which a patent is still in effect, to report annually to Congress an audit of all financial information relevant to that drug's pricing nationally and internationally, including research and development costs, sufficient to assess the reasonableness of that pricing. Requires disqualification from participation in Federal programs as a penalty for noncompliance with this reporting requirement. | Affordable Prescription Drugs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DNA Identification Act of 1993''.
SEC. 2. DNA IDENTIFICATION.
(a) Funding To Improve the Quality and Availability of DNA Analyses
for Law Enforcement Identification Purposes.--
(1) Drug control and system improvement grant program.--
Section 501(b) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(20);
(B) by striking the period at the end of paragraph
(21) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(23) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (referred to in
this title as `DNA') for identification purposes.''.
(2) State applications.--Section 503(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3753(a)) is amended by adding at the end the following new
paragraph:
``(12) If any part of a grant made under this part is to be
used to develop or improve a DNA analysis capability in a
forensic laboratory, a certification that--
``(A) DNA analyses performed at the laboratory will
satisfy or exceed then current standards for a quality
assurance program for DNA analysis issued by the
Director of the Federal Bureau of Investigation under
section 2(b) of the DNA Identification Act of 1993;
``(B) DNA samples obtained by and DNA analyses
performed at the laboratory will be made available
only--
``(i) to criminal justice agencies, for law
enforcement identification purposes;
``(ii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which the defendant is charged; and
``(iii) to others, if personally
identifiable information is removed, for a
population statistics database, for
identification research and protocol
development purposes, or for quality control
purposes; and
``(C) the laboratory and each analyst performing
DNA analyses at the laboratory will undergo, at regular
intervals not exceeding 180 days, external proficiency
testing by a DNA proficiency testing program meeting
the standards issued under section 2(b) of the DNA
Identification Act of 1993.''.
(3) Authorization of appropriations.--For each of fiscal
years 1994, 1995, 1996, 1997, and 1998 there are authorized to
be appropriated $10,000,000 for grants to the States for DNA
analysis.
(b) Quality Assurance and Proficiency Testing Standards.--
(1) Publication of quality assurance and proficiency
testing standards.--(A) Not later than 180 days after the date
of enactment of this Act, the Director of the Federal Bureau of
Investigation shall appoint an advisory board on DNA quality
assurance methods. The Director shall appoint members of the
board from among nominations proposed by the head of the
National Academy of Sciences and professional societies of
crime laboratory officials. The advisory board shall include as
members scientists from State and local forensic laboratories,
molecular geneticists and population geneticists not affiliated
with a forensic laboratory, and a representative from the
National Institute of Standards and Technology. The advisory
board shall develop, and if appropriate, periodically revise,
recommended standards for quality assurance, including
standards for testing the proficiency of forensic laboratories,
and forensic analysts, in conducting analyses of DNA.
(B) The Director of the Federal Bureau of Investigation,
after taking into consideration such recommended standards,
shall issue (and revise from time to time) standards for
quality assurance, including standards for testing the
proficiency of forensic laboratories, and forensic analysts, in
conducting analyses of DNA.
(C) The standards described in subparagraphs (A) and (B)
shall specify criteria for quality assurance and proficiency
tests to be applied to the various types of DNA analyses used
by forensic laboratories. The standards shall also include a
system for grading proficiency testing performance to determine
whether a laboratory is performing acceptably.
(D) Until such time as the advisory board has made
recommendations to the Director of the Federal Bureau of
Investigation and the Director has acted upon those
recommendations, the quality assurance guidelines adopted by
the technical working group on DNA analysis methods shall be
deemed the Director's standards for purposes of this section.
(2) Administration of the advisory board.--For
administrative purposes, the advisory board appointed under
paragraph (1) shall be considered to be an advisory board to
the Director of the Federal Bureau of Investigation. Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the advisory board appointed under
subsection (a). The board shall cease to exist on the date that
is 5 years after the date on which initial appointments are
made to the board, unless the existence of the board is
extended by the Director of the Federal Bureau of
Investigation.
(c) Index To Facilitate Law Enforcement Exchange of DNA
Identification Information.--
(1) In general.--The Director of the Federal Bureau of
Investigation may establish an index of--
(A) DNA identification records of persons convicted
of crimes;
(B) analyses of DNA samples recovered from crime
scenes; and
(C) analyses of DNA samples recovered from
unidentified human remains.
(2) Contents.--The index established under paragraph (1)
shall include only information on DNA identification records
and DNA analyses that are--
(A) based on analyses performed in accordance with
publicly available standards that satisfy or exceed the
guidelines for a quality assurance program for DNA
analysis, issued by the Director of the Federal Bureau
of Investigation under subsection (b);
(B) prepared by laboratories and DNA analysts that
undergo, at regular intervals not exceeding 180 days,
external proficiency testing by a DNA proficiency
testing program meeting the standards issued under
subsection (b); and
(C) maintained by Federal, State, and local
criminal justice agencies pursuant to rules that allow
disclosure of stored DNA samples and DNA analyses
only--
(i) to criminal justice agencies, for law
enforcement identification purposes;
(ii) for criminal defense purposes, to a
defendant, who shall have access to samples and
analyses performed in connection with the case
in which the defendant is charged; or
(iii) to others, if personally identifiable
information is removed, for a population
statistics database, for identification
research and protocol development purposes, or
for quality control purposes.
(3) Failure to meet requirements.--The exchange of records
authorized by this subsection is subject to cancellation if the
quality control and privacy requirements described in paragraph
(2) are not met.
(d) Federal Bureau of Investigation.--
(1) Proficiency testing requirements.--(A) Personnel at the
Federal Bureau of Investigation who perform DNA analyses shall
undergo, at regular intervals not exceeding 180 days, external
proficiency testing by a DNA proficiency testing program
meeting the standards issued under subsection (b). Not later
than 1 year after the date of enactment of this Act, the
Director of the Federal Bureau of Investigation shall arrange
for periodic blind external tests to determine the proficiency
of DNA analysis performed at the Federal Bureau of
Investigation laboratory. As used in this subparagraph, the
term ``blind external test'' means a test that is presented to
the laboratory through a second agency and appears to the
analysts to involve routine evidence.
(B) For each of the 5 years following the date of enactment
of this Act, the Director of the Federal Bureau of
Investigation shall submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary
of the Senate an annual report on the results of each of the
tests described in subparagraph (A).
(2) Privacy protection standards.--(A) Except as provided
in subparagraph (B), the results of DNA tests performed for a
Federal law enforcement agency for law enforcement purposes may
be disclosed only--
(i) to criminal justice agencies for law
enforcement identification purposes; or
(ii) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which the defendant is
charged.
(B) If personally identifiable information is removed, test
results may be disclosed for a population statistics database,
for identification research and protocol development purposes,
or for quality control purposes.
(3) Criminal penalties.--(A) Whoever--
(i) by virtue of employment or official position,
has possession of, or access to, individually
identifiable DNA information indexed in a database
created or maintained by any Federal law enforcement
agency; and
(ii) willfully discloses such information in any
manner to any person or agency not entitled to receive
it,
shall be fined not more than $100,000.
(B) Whoever, without authorization, willfully obtains DNA
samples or individually identifiable DNA information indexed in
a database created or maintained by any Federal law enforcement
agency shall be fined not more than $100,000.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Federal Bureau of Investigation $2,000,000 for each
of fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out
subsections (b), (c), and (d). | DNA Identification Act of 1993 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze deoxyribonucleic acid (DNA) for identification purposes.
Requires the Director of the Federal Bureau of Invesigation (FBI) to: (1) appoint an advisory board on DNA quality assurance methods; and (2) issue standards for quality assurance, including standards for testing the proficiency of forensic laboratories and forensic analysts in conducting such analyses.
Authorizes the Director to establish an index of DNA identification records of persons convicted of crimes, analyses of DNA samples recovered from crime scenes, and analyses of DNA samples recovered from unidentified human remains.
Makes the exchange of DNA identification records subject to cancellation if specified quality control and privacy requirements are not met.
Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals, external proficiency testing; and (2) the Director to submit an annual report on the results of such tests to the House and Senate Judiciary Committees for five years and to arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory.
Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal law enforcement agency by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations. | DNA Identification Act of 1993 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Improving the
Juvenile Justice System for Girls Act of 2013''.
(b) Findings.--The Congress finds as follows:
(1) The proportion of girls entering the justice system has
increased steadily over the past several decades, rising from
20 percent in 1980 to 30 percent in 2009. Most of these girls,
up to 73 percent, have histories of physical and sexual
violence, and their entry into the criminal and juvenile
justice system is linked to their sexual and physical
victimization.
(2) Girls' pathways into juvenile justice involvement are
distinct from boys' pathways. Girls account for a much larger
proportion of nonviolent status offenders than delinquency
offenders (40 percent compared to 14 percent, respectively).
(3) A study by the Oregon Social Learning Center found the
average reported age of first sexual encounter for girls in
juvenile justice is 6.75.
(4) The trauma of untreated physical and sexual abuse
results in lifetime consequences for girls. These consequences
include a higher risk for a number of negative social and
health outcomes such as higher mortality rates, a variety of
psychiatric problems, dysfunctional and violent relationships,
poor educational achievement, less stable work histories,
increased risk for sexually transmitted diseases and early
pregnancy, substance abuse or addiction, and increased reliance
on social services as compared to non-delinquent girls.
(5) A growing body of evidence suggests that girls who
enter the juvenile justice system have equal if not higher
rates of mental health issues than boys who enter the system.
(6) Current research and data have shown that gender-
responsive, strength-based programming providing trauma-
informed care and trauma-specific services is the most
effective means of preventing juvenile offenses and reducing
recidivism.
SEC. 2. INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
The second title V of the Juvenile Justice and Delinquency
Prevention Act of 1974 (relating to Incentive Grants for Local
Delinquency Prevention Programs, as added by Public Law 102-586 and
amended by Public Law 107-273) is amended--
(1) by amending section 502 (42 U.S.C. 5781) to read as
follows:
``SEC. 502. DEFINITIONS.
``In this title:
``(1) State advisory group.--The term `State advisory
group' means the advisory group appointed by the chief
executive officer of a State under a plan described in section
223(a).
``(2) Gender-responsive services.--The term `gender-
responsive services' means promising practices or evidence-
based services that--
``(A) comprehensively address the needs of girls in
the juvenile justice system through the development or
improvement of programs, treatment, counseling, and
resources, and the selection and training of staff, in
a manner that reflects an understanding of--
``(i) the unique pathways of girls into the
juvenile justice system;
``(ii) the need for interventions that
address common experiences of girls in the
juvenile justice system, including histories of
abuse, violence, broken family relationships,
and substance abuse; and
``(iii) the social and cultural factors
affecting girls in the juvenile justice system
and girls who are at risk of entering the
juvenile justice system; and
``(B) includes trauma-specific services.
``(3) Trauma-specific services.--The term `trauma-specific
services' means services that--
``(A) address the neurological, biological,
psychological, and social effects of trauma on the
victims of trauma;
``(B) provide resources on trauma exposure, the
impact or trauma, and trauma treatment to such victims;
``(C) engage in efforts to strengthen the
resilience and protective factors of such victims;
``(D) include trauma-informed therapeutic
interventions that are based on an understanding of the
vulnerabilities or triggers of victims of trauma, and
are designed to provide support to, and avoid re-
traumatization of, such victims; and
``(E) emphasize continuity of care and
collaboration among the providers of services to such
victims.'';
(2) in section 504 (42 U.S.C. 5783)--
(A) in subsection (a)--
(i) by striking ``and'' after the semicolon
in paragraph (7);
(ii) by redesignating paragraph (8) as
paragraph (9); and
(iii) by inserting after paragraph (7) the
following:
``(8) gender-responsive services; and''; and
(B) in subsection (b)--
(i) in paragraph (2), by inserting ``,
including a description of how the funds made
available under this section will increase the
effectiveness of such plan and the activities
to be carried out under such plan'' before the
semicolon; and
(ii) in paragraph (3), by inserting ``,
including a description of how the funds made
available under this section will increase the
effectiveness of such plan and the activities
to be carried out under such plan'' before the
semicolon; and
(3) in section 505 (42 U.S.C. 5784), by striking ``for
fiscal years 2004, 2005, 2006, 2007, and 2008'' and inserting
``for each of the fiscal years 2014 through 2019''. | Improving the Juvenile Justice System for Girls Act of 2013 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include gender-responsive services in the grant program for juvenile delinquency prevention. Defines "gender-responsive services" to mean promising practices and evidence-based services that comprehensively address the needs of girls in the juvenile justice system by providing services that reflect an understanding of: (1) the unique pathways of girls into the juvenile justice system; (2) the need for interventions that address common experiences of girls in the system, including histories of abuse, violence, broken family relationships, and substance abuse; and (3) the social and cultural factors of girls in the system. Includes in such definition trauma-specific services. Authorizes appropriations for the Juvenile Justice and Delinquency Prevention Grant Program from FY2014-FY2019. | Improving the Juvenile Justice System for Girls Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Gambling Impact Study
Commission Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the most recent Federal study of gambling in the United
States was completed in 1976;
(2) legalization of gambling has increased substantially over
the past 20 years, and State, local, and Native American tribal
governments have established gambling as a source of jobs and
additional revenue;
(3) the growth of various forms of gambling, including
electronic gambling and gambling over the Internet, could affect
interstate and international matters under the jurisdiction of the
Federal Government;
(4) questions have been raised regarding the social and
economic impacts of gambling, and Federal, State, local, and Native
American tribal governments lack recent, comprehensive information
regarding those impacts; and
(5) a Federal commission should be established to conduct a
comprehensive study of the social and economic impacts of gambling
in the United States.
SEC. 3. NATIONAL GAMBLING IMPACT STUDY COMMISSION.
(a) Establishment of Commission.--There is established a commission
to be known as the National Gambling Impact Study Commission
(hereinafter referred to in this Act as ``the Commission''). The
Commission shall--
(1) be composed of 9 members appointed in accordance with
subsection (b); and
(2) conduct its business in accordance with the provisions of
this Act.
(b) Membership.--
(1) In general.--The Commissioners shall be appointed for the
life of the Commission as follows:
(A) 3 shall be appointed by the President of the United
States.
(B) 3 shall be appointed by the Speaker of the House of
Representatives.
(C) 3 shall be appointed by the Majority Leader of the
Senate.
(2) Persons eligible.--The members of the Commission shall be
individuals who have knowledge or expertise, whether by experience
or training, in matters to be studied by the Commission under
section 4. The members may be from the public or private sector,
and may include Federal, State, local, or Native American tribal
officers or employees, members of academia, non-profit
organizations, or industry, or other interested individuals.
(3) Consultation required.--The President, the Speaker of the
House of Representatives, and the Majority Leader of the Senate
shall consult among themselves prior to the appointment of the
members of the Commission in order to achieve, to the maximum
extent possible, fair and equitable representation of various
points of view with respect to the matters to be studied by the
Commission under section 4.
(4) Completion of appointments; vacancies.--The President, the
Speaker of the House of Representatives, and the Majority Leader of
the Senate shall conduct the consultation required under paragraph
(3) and shall each make their respective appointments not later
than 60 days after the date of enactment of this Act. Any vacancy
that occurs during the life of the Commission shall not affect the
powers of the Commission, and shall be filled in the same manner as
the original appointment not later than 60 days after the vacancy
occurs.
(5) Operation of the commission.--
(A) Chairmanship.--The President, the Speaker of the House
of Representatives, and the Majority Leader of the Senate shall
jointly designate one member as the Chairman of the Commission.
In the event of a disagreement among the appointing
authorities, the Chairman shall be determined by a majority
vote of the appointing authorities. The determination of which
member shall be Chairman shall be made not later than 15 days
after the appointment of the last member of the Commission, but
in no case later than 75 days after the date of enactment of
this Act.
(B) Meetings.--The Commission shall meet at the call of the
Chairman. The initial meeting of the Commission shall be
conducted not later than 30 days after the appointment of the
last member of the Commission, or not later than 30 days after
the date on which appropriated funds are available for the
Commission, whichever is later.
(C) Quorum; voting; rules.--A majority of the members of
the Commission shall constitute a quorum to conduct business,
but the Commission may establish a lesser quorum for conducting
hearings scheduled by the Commission. Each member of the
Commission shall have one vote, and the vote of each member
shall be accorded the same weight. The Commission may establish
by majority vote any other rules for the conduct of the
Commission's business, if such rules are not inconsistent with
this Act or other applicable law.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--It shall be the duty of the Commission to
conduct a comprehensive legal and factual study of the social and
economic impacts of gambling in the United States on--
(A) Federal, State, local, and Native American tribal
governments; and
(B) communities and social institutions generally,
including individuals, families, and businesses within such
communities and institutions.
(2) Matters to be studied.--The matters studied by the
Commission under paragraph (1) shall at a minimum include--
(A) a review of existing Federal, State, local, and Native
American tribal government policies and practices with respect
to the legalization or prohibition of gambling, including a
review of the costs of such policies and practices;
(B) an assessment of the relationship between gambling and
levels of crime, and of existing enforcement and regulatory
practices that are intended to address any such relationship;
(C) an assessment of pathological or problem gambling,
including its impact on individuals, families, businesses,
social institutions, and the economy;
(D) an assessment of the impacts of gambling on
individuals, families, businesses, social institutions, and the
economy generally, including the role of advertising in
promoting gambling and the impact of gambling on depressed
economic areas;
(E) an assessment of the extent to which gambling provides
revenues to State, local, and Native American tribal
governments, and the extent to which possible alternative
revenue sources may exist for such governments; and
(F) an assessment of the interstate and international
effects of gambling by electronic means, including the use of
interactive technologies and the Internet.
(b) Report.--No later than 2 years after the date on which the
Commission first meets, the Commission shall submit to the President,
the Congress, State Governors, and Native American tribal governments a
comprehensive report of the Commission's findings and conclusions,
together with any recommendations of the Commission. Such report shall
include a summary of the reports submitted to the Commission by the
Advisory Commission on Intergovernmental Relations and National
Research Council under section 7, as well as a summary of any other
material relied on by the Commission in the preparation of its report.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--
(1) In general.--The Commission may hold such hearings, sit and
act at such times and places, administer such oaths, take such
testimony, and receive such evidence as the Commission considers
advisable to carry out its duties under section 4.
(2) Witness expenses.--Witnesses requested to appear before the
Commission shall be paid the same fees as are paid to witnesses
under section 1821 of title 28, United States Code. The per diem
and mileage allowances for witnesses shall be paid from funds
appropriated to the Commission.
(b) Subpoenas.--
(1) In general.--If a person fails to supply information
requested by the Commission, the Commission may by majority vote
require by subpoena the production of any written or recorded
information, document, report, answer, record, account, paper,
computer file, or other data or documentary evidence necessary to
carry out its duties under section 4. The Commission shall transmit
to the Attorney General a confidential, written notice at least 10
days in advance of the issuance of any such subpoena. A subpoena
under this paragraph may require the production of materials from
any place within the United States.
(2) Interrogatories.--The Commission may, with respect only to
information necessary to understand any materials obtained through
a subpoena under paragraph (1), issue a subpoena requiring the
person producing such materials to answer, either through a sworn
deposition or through written answers provided under oath (at the
election of the person upon whom the subpoena is served), to
interrogatories from the Commission regarding such information. A
complete recording or transcription shall be made of any deposition
made under this paragraph.
(3) Certification.--Each person who submits materials or
information to the Commission pursuant to a subpoena issued under
paragraph (1) or (2) shall certify to the Commission the
authenticity and completeness of all materials or information
submitted. The provisions of section 1001 of title 18, United
States Code, shall apply to any false statements made with respect
to the certification required under this paragraph.
(4) Treatment of subpoenas.--Any subpoena issued by the
Commission under paragraph (1) or (2) shall comply with the
requirements for subpoenas issued by a United States district court
under the Federal Rules of Civil Procedure.
(5) Failure to obey a subpoena.--If a person refuses to obey a
subpoena issued by the Commission under paragraph (1) or (2), the
Commission may apply to a United States district court for an order
requiring that person to comply with such subpoena. The application
may be made within the judicial district in which that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil contempt.
(c) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out its duties under section 4.
Upon the request of the Commission, the head of such department or
agency may furnish such information to the Commission.
(d) Information To Be Kept Confidential.--The Commission shall be
considered an agency of the Federal Government for purposes of section
1905 of title 18, United States Code, and any individual employed by an
individual, entity, or organization under contract to the Commission
under section 7 shall be considered an employee of the Commission for
the purposes of section 1905 of title 18, United States Code.
Information obtained by the Commission, other than information
available to the public, shall not be disclosed to any person in any
manner, except--
(1) to Commission employees or employees of any individual,
entity, or organization under contract to the Commission under
section 7 for the purpose of receiving, reviewing, or processing
such information;
(2) upon court order; or
(3) when publicly released by the Commission in an aggregate or
summary form that does not directly or indirectly disclose--
(A) the identity of any person or business entity; or
(B) any information which could not be released under
section 1905 of title 18, United States Code.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government, or whose
compensation is not precluded by a State, local, or Native American
tribal government position, shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay prescribed for Level
IV of the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the Commission.
All members of the Commission who are officers or employees of the
United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of service for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such other additional personnel
as may be necessary to enable the Commission to perform its duties.
The employment and termination of an executive director shall be
subject to confirmation by a majority of the members of the
Commission.
(2) Compensation.--The executive director shall be compensated
at a rate not to exceed the rate payable for Level V of the
Executive Schedule under section 5316 of title 5, United States
Code. The Chairman may fix the compensation of other personnel
without regard to the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates, except
that the rate of pay for such personnel may not exceed the rate
payable for Level V of the Executive Schedule under section 5316 of
such title.
(3) Detail of government employees.--Any Federal Government
employee, with the approval of the head of the appropriate Federal
agency, may be detailed to the Commission without reimbursement,
and such detail shall be without interruption or loss of civil
service status, benefits, or privilege.
(d) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals not to exceed the daily equivalent of the annual rate
of basic pay prescribed for Level V of the Executive Schedule under
section 5316 of such title.
SEC. 7. CONTRACTS FOR RESEARCH.
(a) Advisory Commission on Intergovernmental Relations.--
(1) In general.--In carrying out its duties under section 4,
the Commission shall contract with the Advisory Commission on
Intergovernmental Relations for--
(A) a thorough review and cataloging of all applicable
Federal, State, local, and Native American tribal laws,
regulations, and ordinances that pertain to gambling in the
United States; and
(B) assistance in conducting the studies required by the
Commission under section 4(a), and in particular the review and
assessments required in subparagraphs (A), (B), and (E) of
paragraph (2) of such section.
(2) Report required.--The contract entered into under paragraph
(1) shall require that the Advisory Commission on Intergovernmental
Relations submit a report to the Commission detailing the results
of its efforts under the contract no later than 15 months after the
date upon which the Commission first meets.
(b) National Research Council.--
(1) In general.--In carrying out its duties under section 4,
the Commission shall contract with the National Research Council of
the National Academy of Sciences for assistance in conducting the
studies required by the Commission under section 4(a), and in
particular the assessment required under subparagraph (C) of
paragraph (2) of such section.
(2) Report required.--The contract entered into under paragraph
(1) shall require that the National Research Council submit a
report to the Commission detailing the results of its efforts under
the contract no later than 15 months after the date upon which the
Commission first meets.
(c) Other Organizations.--Nothing in this section shall be
construed to limit the ability of the Commission to enter into
contracts with other entities or organizations for research necessary
to carry out the Commission's duties under section 4.
SEC. 8. DEFINITIONS.
For the purposes of this Act:
(1) Gambling.--The term ``gambling'' means any legalized form
of wagering or betting conducted in a casino, on a riverboat, on an
Indian reservation, or at any other location under the jurisdiction
of the United States. Such term includes any casino game,
parimutuel betting, sports-related betting, lottery, pull-tab game,
slot machine, any type of video gaming, computerized wagering or
betting activities (including any such activity conducted over the
Internet), and philanthropic or charitable gaming activities.
(2) Native american tribal government.--The term ``Native
American tribal government'' means an Indian tribe, as defined
under section 4(5) of the Indian Gaming Regulatory Act of 1988 (25
U.S.C. 2703(5)).
(3) State.--The term ``State'' means each of the several States
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission, the Advisory Commission on Intergovernmental Relations, and
the National Academy of Sciences such sums as may be necessary to carry
out the purposes of this Act. Any sums appropriated shall remain
available, without fiscal year limitation, until expended.
(b) Limitation.--No payment may be made under section 6 or 7 of
this Act except to the extent provided for in advance in an
appropriation Act.
SEC. 10. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the Commission submits
the report required under section 4(b).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Gambling Impact Study Commission Act - Establishes the National Gambling Impact Study Commission to conduct a comprehensive legal and factual study of the social and economic impacts of gambling in the United States on: (1) Federal, State, local, and Native American tribal governments; and (2) communities and social institutions generally, including individuals, families, and businesses within such communities and institutions. Mandates a report to the President, the Congress, State Governors, and Native American tribal governments. Requires the Commission to contract with the Advisory Commission on Intergovernmental Relations and the National Research Council of the National Academy of Sciences for assistance with the study. Authorizes appropriations. | National Gambling Impact Study Commission Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Full Funding Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Children with disabilities are guaranteed an equal
opportunity to an education under the 14th Amendment to the
Constitution.
(2) While States and local educational agencies are
responsible for providing an education for all children with
disabilities, it is in the national interest that the Federal
Government have a role in assisting State and local efforts to
educate children with disabilities in order to improve results
for those children and to ensure equal protection of the law.
(3) It is estimated that the excess expense of educating a
child with a disability is equal to 40 percent of the national
average per pupil expenditure.
(4) Under the Individuals with Disabilities Education Act,
Congress committed the Federal Government to contributing up to
40 percent of the national average per pupil expenditure for
the purpose of educating children with disabilities.
(5) To date, the Federal Government has never contributed
more than 12.6 percent of the maximum state grant allocation
for educating children with disabilities under the Individuals
with Disabilities Education Act.
SEC. 3. PURPOSE.
It is the purpose of this Act to reach the Federal Government's
goal of providing 40 percent of the national average per pupil
expenditure for the purpose of education all children with disabilities
by 2010.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT.
(a) Assistance for Education of All Children With Disabilities.--
Section 611(j) of the Individuals with Disabilities Education Act (20
U.S.C. 1411(j)) is amended to read as follows:
``(j) Authorization of Appropriations.--For the purpose of carrying
out this part, other than section 619, there are authorized to be
appropriated--
``(1) $7,000,000,000 for fiscal year 2001;
``(2) $9,000,000,000 for fiscal year 2002;
``(3) $11,000,000,000 for fiscal year 2003;
``(4) $13,000,000,000 for fiscal year 2004;
``(5) $15,000,000,000 for fiscal year 2005;
``(6) $17,000,000,000 for fiscal year 2006;
``(7) $19,000,000,000 for fiscal year 2007;
``(8) $21,000,000,000 for fiscal year 2008;
``(9) $23,000,000,000 for fiscal year 2009;
``(10) $25,000,000,000 for fiscal year 2010; and
``(11) such sums as may be necessary for each subsequent
fiscal year.''.
(b) Preschool Grants.--Section 619(j) of the Individuals with
Disabilities Education Act (20 U.S.C. 1419(j)) is amended to read as
follows:
``(j) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated to the
Secretary--
``(1) $400,000,000 for fiscal year 2001;
``(2) $450,000,000 for fiscal year 2002;
``(3) $500,000,000 for fiscal year 2003;
``(4) $550,000,000 for fiscal year 2004;
``(5) $600,000,000 for fiscal year 2005;
``(6) $650,000,000 for fiscal year 2006;
``(7) $700,000,000 for fiscal year 2007;
``(8) $750,000,000 for fiscal year 2008;
``(9) $800,000,000 for fiscal year 2009; and
``(10) $850,000,000 for fiscal year 2010.''.
(c) Infants and Toddlers With Disabilities.--Section 645 of the
Individuals with Disabilities Education Act (20 U.S.C. 1445) is amended
to read as follows:
``SEC. 645. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated to the Secretary--
``(1) $400,000,000 for fiscal year 2001;
``(2) $450,000,000 for fiscal year 2002;
``(3) $500,000,000 for fiscal year 2003;
``(4) $550,000,000 for fiscal year 2004;
``(5) $600,000,000 for fiscal year 2005;
``(6) $650,000,000 for fiscal year 2006;
``(7) $700,000,000 for fiscal year 2007;
``(8) $750,000,000 for fiscal year 2008;
``(9) $800,000,000 for fiscal year 2009; and
``(10) $850,000,000 for fiscal year 2010.''.
(d) State Program Improvement Grants for Children With
Disabilities.--Section 656 of the Individuals with Disabilities
Education Act (20 U.S.C. 1456) is amended to read as follows:
``SEC. 656. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart--
``(1) $40,000,000 for fiscal year 2001;
``(2) $45,000,000 for fiscal year 2002;
``(3) $50,000,000 for fiscal year 2003;
``(4) $55,000,000 for fiscal year 2004;
``(5) $60,000,000 for fiscal year 2005;
``(6) $65,000,000 for fiscal year 2006;
``(7) $70,000,000 for fiscal year 2007;
``(8) $75,000,000 for fiscal year 2008;
``(9) $80,000,000 for fiscal year 2009; and
``(10) $85,000,000 for fiscal year 2010.''.
(e) Personnel Preparation To Improve Services and Results for
Children With Disabilities.--Section 673(j) of the Individuals with
Disabilities Education Act (20 U.S.C. 1473(j)) is amended to read as
follows:
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $85,000,000 for fiscal year 2001;
``(2) $90,000,000 for fiscal year 2002;
``(3) $95,000,000 for fiscal year 2003;
``(4) $100,000,000 for fiscal year 2004;
``(5) $105,000,000 for fiscal year 2005;
``(6) $110,000,000 for fiscal year 2006;
``(7) $115,000,000 for fiscal year 2007;
``(8) $120,000,000 for fiscal year 2008;
``(9) $125,000,000 for fiscal year 2009; and
``(10) $130,000,000 for fiscal year 2010.''.
(f) Technical and Related Assistance.--Section 686 of the
Individuals with Disabilities Education Act (20 U.S.C. 1486) is amended
to read as follows:
``SEC. 686. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out sections 681
through 685--
``(1) $65,000,000 for fiscal year 2001;
``(2) $70,000,000 for fiscal year 2002;
``(3) $75,000,000 for fiscal year 2003;
``(4) $80,000,000 for fiscal year 2004;
``(5) $85,000,000 for fiscal year 2005;
``(6) $90,000,000 for fiscal year 2006;
``(7) $95,000,000 for fiscal year 2007;
``(8) $100,000,000 for fiscal year 2008;
``(9) $105,000,000 for fiscal year 2009; and
``(10) $110,000,000 for fiscal year 2010.''. | Authorizes appropriations for IDEA programs of assistance for education of all children with disabilities, in specified amounts for FY 2000 through 2010, and in such amounts as necessary for each subsequent fiscal year.
Authorizes appropriations for FY 2000 through 2010 in certain amounts for IDEA programs for: (1) preschool grants; (2) infants and toddlers with disabilities; (3) State program improvement grants for children with disabilities; (4) personnel preparation to improve services and results for children with disabilities; and (5) technical and related assistance. | IDEA Full Funding Act of 2000 |
SECTION 1. REPEAL OF REQUIREMENT FOR STATES TO PROVIDE FOR VOTER
REGISTRATION BY MAIL.
(a) In General.--Section 4(a) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg-2) is amended--
(1) in paragraph (1), by adding ``and'' at the end;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(b) Conforming Amendments Relating to Uniform Mail Voter
Registration Form.--(1) The National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.) is amended by striking section 9.
(2) Section 7(a)(6)(A) of such Act (42 U.S.C. 1973gg-5(a)(6)(A)) is
amended by striking ``assistance--'' and all that follows and inserting
the following: ``assistance a voter registration application form which
meets the requirements described in section 5(c)(2) (other than
subparagraph (A)), unless the applicant, in writing, declines to
register to vote;''.
(c) Other Conforming Amendments.--(1) The National Voter
Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by
striking section 6.
(2) Section 8(a)(5) of such Act (42 U.S.C. 1973gg-6(a)(5)) is
amended by striking ``5, 6, and 7'' and inserting ``5 and 7''.
SEC. 2. REQUIRING APPLICANTS REGISTERING TO VOTE TO PROVIDE CERTAIN
ADDITIONAL INFORMATION.
(a) Social Security Number.--
(1) In general.--Section 5(c)(2) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)) is
amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) shall require the applicant to provide the
applicant's Social Security number.''.
(2) Conforming amendment.--Section 5(c)(2)(A) of such Act
(42 U.S.C. 1973gg-3(c)(2)(A)) is amended by inserting after
``subparagraph (C)'' the following: ``, or the information
described in subparagraph (F)''.
(3) Effective date.--The amendments made by this section
shall take effect January 1, 1998, and shall apply with respect
to applicants registering to vote in elections for Federal
office on or after such date.
(b) Actual Proof of Citizenship.--
(1) Registration with application for driver's license.--
Section 5(c) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-3(c)) is amended by adding at the end the
following new paragraph:
``(3) The voter registration portion of an application for a State
motor vehicle driver's license shall not be considered to be completed
unless the applicant provides to the appropriate State motor vehicle
authority proof that the applicant is a citizen of the United
States.''.
(2) Registration with voter registration agencies.--Section
7(a) of such Act (42 U.S.C. 1973gg-5(a)) is amended by adding
at the end the following new paragraph:
``(8) A voter registration application received by a voter
registration agency shall not be considered to be completed unless the
applicant provides to the agency proof that the applicant is a citizen
of the United States.''.
(3) Conforming amendment.--Section 8(a)(5)(A) of such Act
(42 U.S.C. 1973gg-6(a)(5)(A)) is amended by striking the
semicolon and inserting the following: ``, including the
requirement that the applicant provide proof of citizenship;''.
SEC. 3. REMOVAL OF CERTAIN REGISTRANTS FROM OFFICIAL LIST OF ELIGIBLE
VOTERS.
(a) In General.--Section 8(d) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg-6(d)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3)(A) At the option of the State, a State may remove the name of
a registrant from the official list of eligible voters in elections for
Federal office on the ground that the registrant has changed residence
if--
``(i) the registrant has not voted or appeared to vote
(and, if necessary, correct the registrar's record of the
registrant's address) in an election during the period
beginning on the day after the date of the second previous
general election for Federal office held prior to the date the
confirmation notice described in subparagraph (B) is sent and
ending on the date of such notice;
``(ii) the registrant has not voted or appeared to vote
(and, if necessary, correct the registrar's record of the
registrant's address) in any of the first two general elections
for Federal office held after the confirmation notice described
in subparagraph (B) is sent; and
``(iii) during the period beginning on the date the
confirmation notice described in subparagraph (B) is sent and
ending on the date of the second general election for Federal
office held after the date such notice is sent, the registrant
has failed to notify the State in response to the notice that
the registrant did not change his or her residence, or changed
residence but remained in the registrar's jurisdiction.
``(B) A confirmation notice described in this subparagraph is a
postage prepaid and pre-addressed return card, sent by forwardable
mail, on which a registrant may state his or her current address,
together with information concerning how the registrant can continue to
be eligible to vote if the registrant has changed residence to a place
outside the registrar's jurisdiction and a statement that the
registrant may be removed from the official list of eligible voters if
the registrant does not respond to the notice (during the period
described in subparagraph (A)(iii)) by stating that the registrant did
not change his or her residence, or changed residence but remained in
the registrar's jurisdiction.''.
(b) Conforming Amendment.--Section 8(i)(2) of such Act (42 U.S.C.
1973gg-6(d)) is amended by inserting ``or subsection (d)(3)'' after
``subsection (d)(2)''.
SEC. 4. PERMITTING STATE TO REQUIRE VOTERS TO PRODUCE ADDITIONAL
INFORMATION PRIOR TO VOTING.
(a) Photographic Identification.--Section 8 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Permitting States To Require Voters To Produce Photo
Identification.--A State may require an individual to produce a valid
photographic identification before receiving a ballot for voting in an
election for Federal office.''.
(b) Signature.--Section 8 of such Act (42 U.S.C. 1973gg-6), as
amended by subsection (a), is further amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Permitting States To Require Voters To Provide Signature.--A
State may require an individual to provide the individual's signature
(in the presence of an election official at the polling place) before
receiving a ballot for voting in an election for Federal office, other
than an individual who is unable to provide a signature because of
illiteracy or disability.''.
SEC. 5. REPEAL OF REQUIREMENT THAT STATES PERMIT REGISTRANTS CHANGING
RESIDENCE TO VOTE AT POLLING PLACE FOR FORMER ADDRESS.
Section 8(e)(2) of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-6(e)(2)) is amended--
(1) by striking ``(2)(A)'' and inserting ``(2)''; and
(2) by striking ``election, at the option of the
registrant--'' and all that follows and inserting the
following: ``election shall be permitted to correct the voting
records for purposes of voting in future elections at the
appropriate polling place for the current address and, if
permitted by State law, shall be permitted to vote in the
present election, upon confirmation by the registrant of the
new address by such means as are required by law.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections for Federal office occurring after December 1997. | Amends the National Voter Registration Act of 1993 to: (1) repeal the requirement for States to provide for voter registration in Federal elections by mail; (2) require applicants registering to vote to provide certain additional information; (3) permit a State, at its option, to remove certain registrants from the official list of eligible voters in Federal elections; (4) permit States to require individuals (other than illiterate or disabled individuals) voting in a Federal election to produce a valid photographic identification and provide their signature before receiving a ballot; and (5) repeal the requirement that States permit certain registrants to vote at the polling place for the former address. | To amend the National Voter Registration Act of 1993 to repeal the requirement that States provide for voter registration by mail and to require applicants for voter registration to provide a Social Security number and actual proof of United States citizenship, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudan Cessation of Support for the
Lord's Resistance Army Certification Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On August 12, 1993, Sudan was designated by the
Secretary of State pursuant to section 6(j) of the Export
Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, section 40 of the Arms Export Control
Act, and other provisions of law, as a country that has
repeatedly provided support for acts of international
terrorism, more commonly known as a ``state sponsor of
terrorism''.
(2) For over two decades, the Lord's Resistance Army (LRA)
has terrorized northern Uganda and central Africa, killing
civilians and using brutal tactics such as mutilating,
abducting, and forcing individuals into sexual servitude and
forcing as many as 65,000 children to fight as part of the
rebel force.
(3) In recognition of those atrocities, the Secretary of
State has since 2001 included the Lord's Resistance Army on the
``Terrorist Exclusion List'' pursuant to section 212(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
(4) Similarly, the leader of the LRA, Joseph Kony, has been
designated a ``specially designated global terrorist'',
pursuant to Executive Order 13224, and found by the Secretary
of State to pose ``a significant risk of committing, acts of
terrorism that threaten the security of United States nationals
or the national security, foreign policy, or economy of the
United States''.
(5) The Government of Sudan has a history of supporting the
LRA as a proxy force against the Ugandan Government, and in an
effort to destabilize Southern Sudan, providing weapons,
supplies, intelligence, and safe haven to members of the group,
making it the only documented state-supporter of the LRA.
(6) According to the International Crisis Group, the
Sudanese Armed Forces provided material support to the LRA as
late as 2005.
(7) In its November 2010 report, the United Nations Group
of Experts on the Democratic Republic of the Congo asserted
that high-level LRA members met with Sudanese Armed Forces
commanders in the Darfur region of Sudan and sought ``to re-
establish relations with the Sudanese authorities and to
request assistance, including safe passage and political asylum
for Joseph Kony''.
(8) The finding of paragraph (7) has been echoed by former
LRA commanders and abductees.
(9) The Ugandan military, which is leading the regional
counter-LRA effort, is operational in Southern Sudan through an
agreement with the Governments of Sudan and Southern Sudan, but
it is not operational in South Darfur, making it a possible
safe haven for LRA fighters.
(10) Pursuant to the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act of 2009 (Public Law 111-172),
which was signed into law May 24, 2010, it is the policy of the
United States to ``disarm and demobilize'' the Lord's
Resistance Army.
(11) The Obama Administration has announced that the United
States is willing to begin the process to remove Sudan from the
list of state sponsors of terrorism provided that Sudan allows
the referendum on Southern Sudan's independence to proceed
peacefully and accepts the results.
(12) In an open session convened by the House Foreign
Affairs Committee on January 18, 2011, Ambassador Princeton
Lyman, Department of State Special Advisor for Sudan, indicated
that Sudan could be removed from the state sponsor of terrorism
list by July 2011, but stated that, ``any support of [the LRA]
by proxies or other such entities would preclude our following
through on [removing Sudan from the state sponsor of terrorism
list]''.
SEC. 3. CONTINUATION OF RESTRICTIONS AGAINST THE REPUBLIC OF SUDAN.
(a) In General.--Restrictions against the Republic of Sudan that
were imposed before, on, or after the date of the enactment of this Act
by reason of a determination of the Secretary of State that the
Republic of Sudan, for purposes of section 6(j) of the Export
Administration Act of 1979, section 40 of the Arms Export Control Act,
section 620A of the Foreign Assistance Act of 1961, or other provision
of law, is a government that has repeatedly provided support for acts
of international terrorism, shall remain in effect, and may not be
lifted pursuant to such provisions of law, unless, in addition to
meeting the applicable requirements under such provisions of law to
lift such restrictions, the President submits to Congress a written
certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification that contains a determination of the President that
the Republic of Sudan is no longer engaged in training, harboring,
supplying, financing, or supporting in any way the Lord's Resistance
Army, its leader Joseph Kony, or his top commanders. | Sudan Cessation of Support for the Lord's Resistance Army Certification Act of 2011 - Provides for the continuation of restrictions against the Republic of Sudan as a state sponsor of terror unless the President certifies to Congress that Sudan is no longer engaged in training, harboring, supplying, financing, or supporting the Lord's Resistance Army, its leader Joseph Kony, or his top commanders. | To provide for the continuation of restrictions against the Republic of Sudan unless the President certifies to Congress that Sudan is no longer engaged in training, harboring, supplying, financing, or supporting in any way the Lord's Resistance Army. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Denying Firearms and Explosives to
Dangerous Terrorists Act of 2007''.
SEC. 2. GRANTING THE ATTORNEY GENERAL THE AUTHORITY TO DENY THE SALE,
DELIVERY, OR TRANSFER OF A FIREARM OR THE ISSUANCE OF A
FIREARMS OR EXPLOSIVES LICENSE OR PERMIT TO DANGEROUS
TERRORISTS.
(a) Standard for Exercising Attorney General Discretion Regarding
Transferring Firearms or Issuing Firearms Permits to Dangerous
Terrorists.--Chapter 44 of title 18, United States Code, is amended--
(1) by inserting the following new section after section
922:
``Sec. 922A. Attorney General's discretion to deny transfer of a
firearm
``The Attorney General may deny the transfer of a firearm pursuant
to section 922(t)(1)(B)(ii) if the Attorney General determines that the
transferee is known (or appropriately suspected) to be or have been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism, or providing material support thereof, and the
Attorney General has a reasonable belief that the prospective
transferee may use a firearm in connection with terrorism.'';
(2) by inserting the following new section after section
922A:
``Sec. 922B. Attorney General's discretion regarding applicants for
firearm permits which would qualify for the exemption
provided under section 922(t)(3)
``The Attorney General may determine that an applicant for a
firearm permit which would qualify for an exemption under section
922(t) is known (or appropriately suspected) to be or have been engaged
in conduct constituting, in preparation for, in aid of, or related to
terrorism, or providing material support thereof, and the Attorney
General has a reasonable belief that the applicant may use a firearm in
connection with terrorism.''; and
(3) in section 921(a), by adding at the end the following:
``(36) The term `terrorism' means `international terrorism' as
defined in section 2331(1), and `domestic terrorism' as defined in
section 2331(5).
``(37) The term `material support' means `material support or
resources' within the meaning of section 2339A or 2339B.
``(38) The term `responsible person' means an individual who has
the power, directly or indirectly, to direct or cause the direction of
the management and policies of the applicant or licensee pertaining to
firearms.''.
(b) Effect of Attorney General Discretionary Denial Through the
National Instant Criminal Background Check System (nics) on Firearms
Permits.--Section 922(t) of such title is amended--
(1) in paragraph (1)(B)(ii), by inserting ``or State law,
or that the Attorney General has determined to deny the
transfer of a firearm pursuant to section 922A'' before the
semicolon;
(2) in paragraph (2), by inserting after ``or State law''
the following: ``or if the Attorney General has not determined
to deny the transfer of a firearm pursuant to section 922A'';
(3) in paragraph (3)(A)(i)--
(A) by striking ``and'' at the end of subclause
(I); and
(B) by adding at the end the following:
``(III) was issued after a check of the system established
pursuant to paragraph (1);'';
(4) in paragraph (3)(A)--
(A) by adding ``and'' at the end of clause (ii);
and
(B) by adding after and below the end the
following:
``(iii) the State issuing the permit agrees
to deny the permit application if such other
person is the subject of a determination by the
Attorney General pursuant to section 922B;'';
(5) in paragraph (4), by inserting after ``or State law,''
the following: ``or if the Attorney General has not determined
to deny the transfer of a firearm pursuant to section 922A,'';
and
(6) in paragraph (5), by inserting after ``or State law,''
the following: ``or if the Attorney General has determined to
deny the transfer of a firearm pursuant to section 922A,''.
(c) Unlawful Sale or Disposition of Firearm Based on Attorney
General Discretionary Denial.--Section 922(d) of such title is
amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or'';
(3) by inserting after paragraph (9) the following:
``(10) has been the subject of a determination by the
Attorney General pursuant to section 922A, 922B, 923(d)(1)(H),
or 923(e) of this title.''.
(d) Attorney General Discretionary Denial as Prohibitor.--Section
922(g) of such title is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the comma at the end of paragraph (9) and
inserting; ``; or''; and
(3) by inserting after paragraph (9) the following:
``(10) who has received actual notice of the Attorney
General's determination made pursuant to section 922A, 922B,
923(d)(1)(H), or 923(e) of this title.''.
(e) Attorney General Discretionary Denial of Federal Firearms
Licenses.--Section 923(d)(1) of such title is amended--
(1) by striking ``Any'' and inserting ``Except as provided
in subparagraph (H), any'';
(2) in subparagraph (F)(iii), by striking ``and'' at the
end;
(3) in subparagraph (G) by striking the period and
inserting ``; and''; and
(4) by adding at the end the following:
``(H) The Attorney General may deny a license
application if the Attorney General determines that the
applicant (including any responsible person) is known
(or appropriately suspected) to be or have been engaged
in conduct constituting, in preparation for, in aid of,
or related to terrorism, or providing material support
thereof, and the Attorney General has a reasonable
belief that the applicant may use a firearm in
connection with terrorism.''.
(f) Discretionary Revocation of Federal Firearms Licenses.--Section
923(e) of such title is amended--
(1) in the 1st sentence--
(A) by inserting after ``revoke'' the following:
``--(1)''; and
(B) by striking the period and inserting a
semicolon;
(2) in the 2nd sentence--
(A) by striking ``The Attorney General may, after
notice and opportunity for hearing, revoke'' and insert
``(2)''; and
(B) by striking the period and inserting ``; or'';
and
(3) by adding at the end the following:
``(3) any license issued under this section if the Attorney
General determines that the holder of the license (including
any responsible person) is known (or appropriately suspected)
to be or have been engaged in conduct constituting, in
preparation for, in aid of, or related to terrorism, or
providing material support thereof, and the Attorney General
has a reasonable belief that the applicant may use a firearm in
connection with terrorism.''.
(g) Attorney General's Ability To Withhold Information in Firearms
License Denial and Revocation Suit.--Section 923(f) of such title is
amended--
(1) in the 1st sentence of paragraph (1), by inserting ``,
except that if the denial or revocation is pursuant to
subsection (d)(1)(H) or (e)(3), then any information on which
the Attorney General relied for this determination may be
withheld from the petitioner if the Attorney General determines
that disclosure of the information would likely compromise
national security'' before the period; and
(2) in paragraph (3), by inserting after the 3rd sentence
the following: ``With respect to any information withheld from
the aggrieved party under paragraph (1), the United States may
submit, and the court may rely on, summaries or redacted
versions of documents containing information the disclosure of
which the Attorney General has determined would likely
compromise national security.''.
(h) Attorney General's Ability To Withhold Information in Relief
From Disabilities Lawsuits.--Section 925(c) of such title is amended by
inserting after the 3rd sentence the following: ``If receipt of a
firearms by the person would violate section 922(g)(10), any
information which the Attorney General relied on for this determination
may be withheld from the applicant if the Attorney General determines
that disclosure of the information would likely compromise national
security. In responding to the petition, the United States may submit,
and the court may rely on, summaries or redacted versions of documents
containing information the disclosure of which the Attorney General has
determined would likely compromise national security.''.
(i) Penalties.--Section 924(k) of such title is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) in paragraph (3), by striking ``, or'' and inserting
``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) constitutes an act of terrorism (as defined in
section 921(a)(36)), or material support thereof (as defined in
section 921(a)(37)), or''.
(j) Remedy for Erroneous Denial of Firearm or Firearm Permit
Exemption.--Section 925A of such title is amended--
(1) in the section heading, by striking ``Remedy for
erroneous denial of firearm'' and inserting ``Remedies'';
(2) by striking ``Any person denied a firearm pursuant to
subsection (s) or (t) of section 922'' and inserting the
following:
``(a) Except as provided in subsection (b), any person denied a
firearm pursuant to section 922(t) or pursuant to a determination made
under section 922B,''; and
(3) by adding after and below the end the following:
``(b) In any case in which the Attorney General has denied the
transfer of a firearm to a prospective transferee pursuant to section
922A or has made a determination regarding a firearm permit applicant
pursuant to section 922B, an action challenging the determination may
be brought against the United States. The petition must be filed not
later than 60 days after the petitioner has received actual notice of
the Attorney General's determination made pursuant to section 922A or
922B. The court shall sustain the Attorney General's determination on a
showing by the United States by a preponderance of evidence that the
Attorney General's determination satisfied the requirements of section
922A or 922B. To make this showing, the United States may submit, and
the court may rely on, summaries or redacted versions of documents
containing information the disclosure of which the Attorney General has
determined would likely compromise national security. On request of the
petitioner or the court's own motion, the court may review the full,
undisclosed documents ex parte and in camera. The court shall determine
whether the summaries or redacted versions, as the case may be, are
fair and accurate representations of the underlying documents. The
court shall not consider the full, undisclosed documents in deciding
whether the Attorney General's determination satisfies the requirements
of section 922A or 922B.''.
(k) Provision of Grounds Underlying Ineligibility Determination by
the National Instant Criminal Background Check System.--Section 103 of
the Brady Handgun Violence Prevention Act (Public Law 103-159) is
amended--
(1) in subsection (f)--
(A) by inserting after ``is ineligible to receive a
firearm,'' the following: ``or the Attorney General has
made a determination regarding an applicant for a
firearm permit pursuant to section 922B of title 18,
United States Code''; and
(B) by inserting after ``the system shall provide
such reasons to the individual,'' the following:
``except for any information the disclosure of which
the Attorney General has determined would likely
compromise national security''; and
(2) in subsection (g)--
(A) in the 1st sentence, by inserting after
``subsection (g) or (n) of section 922 of title 18,
United States Code or State law'' the following: ``or
if the Attorney General has made a determination
pursuant to section 922A or 922B of such title,'';
(B) by inserting ``, except any information the
disclosure of which the Attorney General has determined
would likely compromise national security'' before the
period; and
(C) by adding at the end the following: ``Any
petition for review of information withheld by the
Attorney General under this subsection shall be made in
accordance with section 925A of title 18, United States
Code.''.
(l) Unlawful Distribution of Explosives Based on Attorney General
Discretionary Denial.--Section 842(d) of such title is amended--
(1) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(2) by adding at the end the following:
``(10) has received actual notice of the Attorney General's
determination made pursuant to section 843(b)(8) or (d)(2) of
this title.''.
(m) Attorney General Discretionary Denial as Prohibitor.--Section
842(i) of such title is amended--
(1) by adding ``or'' at the end of paragraph (7); and
(2) by inserting after paragraph (7) the following:
``(8) who has received actual notice of the Attorney
General's determination made pursuant to section 843(b)(8) or
(d)(2),''.
(n) Attorney General Discretionary Denial of Federal Explosives
Licenses and Permits.--Section 843(b) of such title is amended--
(1) by striking ``Upon'' and inserting the following:
``Except as provided in paragraph (8), on''; and
(2) by inserting after paragraph (7) the following:
``(8) The Attorney General may deny the issuance of a
permit or license to an applicant if the Attorney General
determines that the applicant or a responsible person or
employee possessor thereof is known (or appropriately
suspected) to be or have been engaged in conduct constituting,
in preparation of, in aid of, or related to terrorism, or
providing material support thereof, and the Attorney General
has a reasonable belief that the person may use explosives in
connection with terrorism.''.
(o) Attorney General Discretionary Revocation of Federal Explosives
Licenses and Permits.--Section 843(d) of such title is amended--
(1) by inserting ``(1)'' in the first sentence after
``if''; and
(2) by striking the period at the end of the first sentence
and inserting the following: ``; or (2) the Attorney General
determines that the licensee or holder (or any responsible
person or employee possessor thereof) is known (or
appropriately suspected) to be or have been engaged in conduct
constituting, in preparation for, in aid of, or related to
terrorism, or providing material support thereof, and that the
Attorney General has a reasonable belief that the person may
use explosives in connection with terrorism.''.
(p) Attorney General's Ability To Withhold Information in
Explosives License and Permit Denial and Revocation Suits.--Section
843(e) of such title is amended--
(1) in the 1st sentence of paragraph (1), by inserting
``except that if the denial or revocation is based on a
determination under subsection (b)(8) or (d)(2), then any
information which the Attorney General relied on for the
determination may be withheld from the petitioner if the
Attorney General determines that disclosure of the information
would likely compromise national security'' before the period;
and
(2) in paragraph (2), by adding at the end the following:
``In responding to any petition for review of a denial or
revocation based on a determination under section 843(b)(8) or
(d)(2), the United States may submit, and the court may rely
on, summaries or redacted versions of documents containing
information the disclosure of which the Attorney General has
determined would likely compromise national security.''.
(q) Ability To Withhold Information in Communications to
Employers.--Section 843(h)(2) of such title is amended--
(1) in subparagraph (A), by inserting ``or section
843(b)(1) (on grounds of terrorism) of this title,'' after
``section 842(i),''; and
(2) in subparagraph (B)--
(A) by inserting ``or section 843(b)(8)'' after
``section 842(i)''; and
(B) in clause (ii), by inserting ``, except that
any information that the Attorney General relied on for
a determination pursuant to section 843(b)(8) may be
withheld if the Attorney General concludes that
disclosure of the information would likely compromise
national security'' before the semicolon.
(r) Conforming Amendment to Immigration and Nationality Act.--
Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(43)(E)(ii) is amended by striking `` or (5)'' and
inserting ``(5), or (10)''. | Denying Firearms and Explosives to Dangerous Terrorists Act of 2007 - Amends the federal criminal code to grant the Attorney General the authority to deny the transfer of firearms or the issuance of a federal firearms and explosives license to any individual if the Attorney General: (1) determines that such individual has been engaged in or has provided material support or resources for terrorist activities; and (2) has a reasonable belief that such individual may use a firearm or explosive in connection with terrorism. Allows any individual whose firearm or explosives license application has been been denied to bring legal action challenging the denial.
Prohibits the sale or disribution of firearms or explosives to any individual whom the Attorney General has determined to be engaged in terrorist activities.
Permits the Attorney General to withhold information in firearms and explosives license denial revocation suits if the Attorney General determines that the disclosure of such information would likely compromise national security
Authorizes the Attorney General to revoke firearms and explosives licenses and permits held by individuals determined to be engaged in terrorism. | To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wall Street Trading and Speculators
Tax Act''.
SEC. 2. TRANSACTION TAX.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is
amended by inserting after subchapter B the following new subchapter:
``Subchapter C--Tax on Trading Transactions
``Sec. 4475. Tax on trading transactions.
``SEC. 4475. TAX ON TRADING TRANSACTIONS.
``(a) Imposition of Tax.--There is hereby imposed a tax on each
covered transaction with respect to any security.
``(b) Rate of Tax.--The tax imposed under subsection (a) with
respect to any covered transaction shall be 0.03 percent of the
specified base amount with respect to such covered transaction.
``(c) Specified Base Amount.--For purposes of this section, the
term `specified base amount' means--
``(1) except as provided in paragraph (2), the fair market
value of the security (determined as of the time of the covered
transaction), and
``(2) in the case of any payment described in subsection
(h), the amount of such payment.
``(d) Covered Transaction.--For purposes of this section, the term
`covered transaction' means--
``(1) except as provided in paragraph (2), any purchase
if--
``(A) such purchase occurs or is cleared on a
facility located in the United States, or
``(B) the purchaser or seller is a United States
person, and
``(2) any transaction with respect to a security described
in subparagraph (D), (E), or (F) of subsection (e)(1), if--
``(A) such security is traded or cleared on a
facility located in the United States, or
``(B) any party with rights under such security is
a United States person.
``(e) Security and Other Definitions.--For purposes of this
section--
``(1) In general.--The term `security' means--
``(A) any share of stock in a corporation,
``(B) any partnership or beneficial ownership
interest in a partnership or trust,
``(C) any note, bond, debenture, or other evidence
of indebtedness,
``(D) any evidence of an interest in, or a
derivative financial instrument with respect to, any
security or securities described in subparagraph (A),
(B), or (C),
``(E) any derivative financial instrument with
respect to any currency or commodity, and
``(F) any notional principal contract.
``(2) Derivative financial instrument.--The term
`derivative financial instrument' includes any option, forward
contract, futures contract, or any similar financial
instrument.
``(3) Notional principal contract.--Except as otherwise
provided by the Secretary, the term `notional principal
contract' means any financial instrument which requires two or
more payments at specified intervals calculated by reference to
a specified index upon one or more notional principal amounts.
An amount shall not fail to be treated as a payment described
in the preceding sentence merely because such amount is fixed
on one date and paid or otherwise taken into account on a
different date.
``(4) Specified index.--The term `specified index' means
any 1 or more of any combination of--
``(A) a fixed rate, price, or amount, or
``(B) a variable rate, price, or amount,
``(C) any index based on any objectively
determinable information (including the occurrence or
nonoccurrence of any event) which is not within the
control of any of the parties to the instrument and is
not unique to any of the parties' circumstances, and
``(D) any other index as the Secretary may
prescribe.
``(5) Treatment of exchanges.--
``(A) In general.--An exchange shall be treated as
the sale of the property transferred and a purchase of
the property received by each party to the exchange.
``(B) Certain deemed exchanges.--In the case of a
distribution treated as an exchange for stock under
section 302 or 331, the corporation making such
distribution shall be treated as having purchased such
stock for purposes of this section.
``(f) Exceptions.--
``(1) Exception for initial issues.--No tax shall be
imposed under subsection (a) on any covered transaction with
respect to the initial issuance of any security described in
subparagraph (A), (B), or (C) of subsection (e)(1).
``(2) Exception for certain traded short-term
indebtedness.--A note, bond, debenture, or other evidence of
indebtedness which--
``(A) is traded on a trading facility located in
the United States, and
``(B) has a fixed maturity of not more than 100
days,
shall not be treated as described in subsection (e)(1)(C).
``(3) Exception for securities lending arrangements.--No
tax shall be imposed under subsection (a) on any covered
transaction with respect to which gain or loss is not
recognized by reason of section 1058.
``(g) By Whom Paid.--
``(1) In general.--The tax imposed by this section shall be
paid by--
``(A) in the case of a transaction which occurs or
is cleared on a facility located in the United States,
such facility, and
``(B) in the case of a purchase not described in
subparagraph (A) which is executed by a broker (as
defined in section 6045(c)(1)) which is a United States
person, such broker.
``(2) Special rules for direct, etc., transactions.--In the
case of any transaction to which paragraph (1) does not apply,
the tax imposed by this section shall be paid by--
``(A) in the case of a transaction described in
subsection (d)(1)--
``(i) the purchaser if the purchaser is a
United States person, and
``(ii) the seller if the purchaser is not a
United States person, and
``(B) in the case of a transaction described in
subsection (d)(2)--
``(i) the payor if the payor is a United
States person, and
``(ii) the payee if the payor is not a
United States person.
``(h) Certain Payments Treated as Separate Transactions.--Except as
otherwise provided by the Secretary, any payment with respect to a
security described in subparagraph (D), (E), or (F) of subsection
(e)(1) shall be treated as a separate transaction for purposes of this
section, including--
``(1) any net initial payment, net final or terminating
payment, or net periodical payment with respect to a notional
principal contract (or similar financial instrument),
``(2) any payment with respect to any forward contract (or
similar financial instrument), and
``(3) any premium paid with respect to any option (or
similar financial instrument).
``(i) Application to Transactions by Controlled Foreign
Corporations.--
``(1) In general.--For purposes of this section, a
controlled foreign corporation shall be treated as a United
States person.
``(2) Special rules for payment of tax on direct, etc.,
transactions.--In the case of any transaction which is a
covered transaction solely by reason of paragraph (1) and which
is not described in subsection (g)(1)--
``(A) Payment by united states shareholders.--Any
tax which would (but for this paragraph) be payable
under subsection (g)(2) by the controlled foreign
corporation shall, in lieu thereof, be paid by the
United States shareholders of such controlled foreign
corporation as provided in subparagraph (B).
``(B) Pro rata shares.--Each such United States
shareholder shall pay the same proportion of such tax
as--
``(i) the stock which such United States
shareholder owns (within the meaning of section
958(a)) in such controlled foreign corporation,
bears to
``(ii) the stock so owned by all United
States shareholders in such controlled foreign
corporation.
``(C) Definitions.--For purposes of this
subsection, the terms `United States shareholder' and
`controlled foreign corporation' have the meanings
given such terms in sections 951(b) and 957(a),
respectively.
``(j) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.
``(k) Guidance; Regulations.--The Secretary shall--
``(1) provide guidance regarding such information reporting
concerning covered transactions as the Secretary deems
appropriate, and
``(2) prescribe such regulations as are necessary or
appropriate to prevent avoidance of the purposes of this
section, including the use of non-United States persons in such
transactions.''.
(b) Credit With Respect to Certain Tax-Favored Accounts To Offset
Transaction Tax.--
(1) In general.--Subpart C of part IV of subchapter A of
chapter 1 of such Code is amended by inserting after section
36B the following new section:
``SEC. 36C. OFFSET FOR TRANSACTION TAX WITH RESPECT TO CERTAIN TAX-
FAVORED ACCOUNTS.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle for the taxable year an amount equal to
0.03 percent of the qualified tax-favored account contributions of the
taxpayer for the taxable year.
``(b) Qualified Tax-Favored Account Contributions.--For purposes of
this section, the term `qualified tax-favored account contributions'
means, with respect to any taxable year, the sum of--
``(1) with respect to qualified retirement plans (as
defined in section 4974(c)) of the taxpayer, the amount
contributed to such plans for such taxable year to the extent
that such contributions are allowable as a deduction or are
excludable from gross income (or, in the case of a Roth IRA (as
defined in section 408A(b)), the amount contributed),
``(2) with respect to Archer MSAs of the taxpayer, the
amount allowed as a deduction under section 220 for such
taxable year,
``(3) with respect to health savings accounts of the
taxpayer, the amount allowed as a deduction under section 223
for such taxable year, plus
``(4) with respect to qualified tuition programs (as
defined in section 529) and Coverdell education savings
accounts (as defined in section 530) with respect to which the
taxpayer is the designated beneficiary (or, in the case of a
designated beneficiary with respect to whom another taxpayer is
allowed a deduction under section 151, such other taxpayer in
lieu of such designated beneficiary), the amount contributed
for such taxable year.''.
(2) Conforming amendments.--
(A) Section 1324(b)(2) of title 31, United States
Code, is amended by inserting ``, 36C'' after ``36B''.
(B) The table of sections for subpart C of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting before the item
relating to section 37 the following new item:
``Sec. 36C. Offset for transaction tax on contributions to certain tax-
favored accounts.''.
(c) Information Reporting With Respect to Controlled Foreign
Corporations.--Subparagraph (B) of section 6038(a)(1) is amended by
inserting ``and transactions which are covered transactions for
purposes of section 4475 by reason of the application of section
4475(i)(1) to such corporation'' before the semicolon at the end.
(d) Clerical Amendment.--The table of subchapters for chapter 36 of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to subchapter B the following new item:
``Subchapter C. Tax on trading transactions.''.
(e) Effective Date.--The amendments made by this section shall
apply to transactions after December 31, 2013. | Wall Street Trading and Speculators Tax Act - Amends the Internal Revenue Code to impose a .03% excise tax on the purchase of a security if: (1) such purchase occurs or is cleared on a trading facility located in the United States, or (2) the purchaser or seller is a U.S. person. Defines "security" to include: (1) stocks, partnership interests, notes, bonds, debentures, or other evidences of indebtedness; (2) interests in a derivative financial instrument (i.e., any option, forward contract, futures contract, or any similar financial instrument) and (3) any notional principal contract. Exempts from such tax: (1) initial issues of securities; (2) any note, bond, debenture, or other evidence of indebtedness which is traded on a trading facility located in the United States and has a fixed maturity of not more than 100 days; and (3) securities traded pursuant to certain lending arrangements. Makes such tax applicable to transactions by controlled foreign corporations and payable by its U.S. shareholders. Allows an offset against such tax for contributions to certain tax-favored accounts, including tax-exempt retirement plans, Archer medical savings accounts, health savings accounts, and qualified tuition plans and Coverdell education savings accounts. | Wall Street Trading and Speculators Tax Act |
TITLE I--CALIFORNIA TRAIL INTERPRETIVE CENTER
SEC. 101. SHORT TITLE.
This title may be cited as the ``California Trail Interpretive
Act''.
SEC. 102. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the nineteenth-century westward movement in the United
States over the California National Historic Trail, which occurred
from 1840 until the completion of the transcontinental railroad in
1869, was an important cultural and historical event in--
(A) the development of the western land of the United
States; and
(B) the prevention of colonization of the west coast by
Russia and the British Empire;
(2) the movement over the California Trail was completed by
over 300,000 settlers, many of whom left records or stories of
their journeys; and
(3) additional recognition and interpretation of the movement
over the California Trail is appropriate in light of--
(A) the national scope of nineteenth-century westward
movement in the United States; and
(B) the strong interest expressed by people of the United
States in understanding their history and heritage.
(b) Purposes.--The purposes of this title are--
(1) to recognize the California Trail, including the Hastings
Cutoff and the trail of the ill-fated Donner-Reed Party, for its
national, historical, and cultural significance; and
(2) to provide the public with an interpretive facility devoted
to the vital role of trails in the West in the development of the
United States.
SEC. 103. DEFINITIONS.
In this title:
(1) California trail.--The term ``California Trail'' means the
California National Historic Trail, established under section
5(a)(18) of the National Trails System Act (16 U.S.C. 1244(a)(18)).
(2) Center.--The term ``Center'' means the California Trail
Interpretive Center established under section 104(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(4) State.--The term ``State'' means the State of Nevada.
SEC. 104. CALIFORNIA TRAIL INTERPRETIVE CENTER.
(a) Establishment.--
(1) In general.--In furtherance of the purposes of section 7(c)
of the National Trails System Act (16 U.S.C. 1246(c)), the
Secretary may establish an interpretation center to be known as the
``California Trail Interpretive Center'', near the city of Elko,
Nevada.
(2) Purpose.--The Center shall be established for the purpose
of interpreting the history of development and use of the
California Trail in the settling of the West.
(b) Master Plan Study.--To carry out subsection (a), the Secretary
shall--
(1) consider the findings of the master plan study for the
California Trail Interpretive Center in Elko, Nevada, as authorized
by page 15 of Senate Report 106-99; and
(2) initiate a plan for the development of the Center that
includes--
(A) a detailed description of the design of the Center;
(B) a description of the site on which the Center is to be
located;
(C) a description of the method and estimated cost of
acquisition of the site on which the Center is to be located;
(D) the estimated cost of construction of the Center;
(E) the cost of operation and maintenance of the Center;
and
(F) a description of the manner and extent to which non-
Federal entities shall participate in the acquisition and
construction of the Center.
(c) Implementation.--To carry out subsection (a), the Secretary
may--
(1) acquire land and interests in land for the construction of
the Center by--
(A) donation;
(B) purchase with donated or appropriated funds; or
(C) exchange;
(2) provide for local review of and input concerning the
development and operation of the Center by the Advisory Board for
the National Historic California Emigrant Trails Interpretive
Center of the city of Elko, Nevada;
(3) periodically prepare a budget and funding request that
allows a Federal agency to carry out the maintenance and operation
of the Center;
(4) enter into a cooperative agreement with--
(A) the State, to provide assistance in--
(i) removal of snow from roads;
(ii) rescue, firefighting, and law enforcement
services; and
(iii) coordination of activities of nearby law
enforcement and firefighting departments or agencies; and
(B) a Federal, State, or local agency to develop or operate
facilities and services to carry out this title; and
(5) notwithstanding any other provision of law, accept
donations of funds, property, or services from an individual,
foundation, corporation, or public entity to provide a service or
facility that is consistent with this title, as determined by the
Secretary, including 1-time contributions for the Center (to be
payable during construction funding periods for the Center after
the date of enactment of this Act) from--
(A) the State, in the amount of $3,000,000;
(B) Elko County, Nevada, in the amount of $1,000,000; and
(C) the city of Elko, Nevada, in the amount of $2,000,000.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$12,000,000.
TITLE II--CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL
PURPOSES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Education Land Grant Act''.
SEC. 202. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR
EDUCATIONAL PURPOSES.
(a) Authority To Convey.--Upon written application, the Secretary
of Agriculture may convey National Forest System lands to a public
school district for use for educational purposes if the Secretary
determines that--
(1) the public school district seeking the conveyance will use
the conveyed land for a public or publicly funded elementary or
secondary school, to provide grounds or facilities related to such
a school, or for both purposes;
(2) the conveyance will serve the public interest;
(3) the land to be conveyed is not otherwise needed for the
purposes of the National Forest System;
(4) the total acreage to be conveyed does not exceed the amount
reasonably necessary for the proposed use;
(5) the land is to be used for an established or proposed
project that is described in detail in the application to the
Secretary, and the conveyance would serve public objectives (either
locally or at large) that outweigh the objectives and values which
would be served by maintaining such land in Federal ownership;
(6) the applicant is financially and otherwise capable of
implementing the proposed project;
(7) the land to be conveyed has been identified for disposal in
an applicable land and resource management plan under the Forest
and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1600 et seq.); and
(8) an opportunity for public participation in a disposal under
this section has been provided, including at least one public
hearing or meeting, to provide for public comments.
(b) Acreage Limitation.--A conveyance under this section may not
exceed 80 acres. However, this limitation shall not be construed to
preclude an entity from submitting a subsequent application under this
section for an additional land conveyance if the entity can demonstrate
to the Secretary a need for additional land.
(c) Costs and Mineral Rights.--(1) A conveyance under this section
shall be for a nominal cost. The conveyance may not include the
transfer of mineral or water rights.
(2) If necessary, the exact acreage and legal description of the
real property conveyed under this title shall be determined by a survey
satisfactory to the Secretary and the applicant. The cost of the survey
shall be borne by the applicant.
(d) Review of Applications.--When the Secretary receives an
application under this section, the Secretary shall--
(1) before the end of the 14-day period beginning on the date
of the receipt of the application, provide notice of that receipt
to the applicant; and
(2) before the end of the 120-day period beginning on that
date--
(A) make a final determination whether or not to convey
land pursuant to the application, and notify the applicant of
that determination; or
(B) submit written notice to the applicant containing the
reasons why a final determination has not been made.
(e) Reversionary Interest.--If, at any time after lands are
conveyed pursuant to this section, the entity to whom the lands were
conveyed attempts to transfer title to or control over the lands to
another or the lands are devoted to a use other than the use for which
the lands were conveyed, title to the lands shall revert to the United
States.
TITLE III--GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA
STUDY AREA AND THE CROSSROADS OF THE WEST HISTORIC DISTRICT
SEC. 301. AUTHORIZATION OF STUDY.
(a) Definitions.--For the purposes of this section:
(1) Golden spike rail study.--The term ``Golden Spike Rail
Study'' means the Golden Spike Rail Feasibility Study,
Reconnaissance Survey, Ogden, Utah to Golden Spike National
Historic Site'', National Park Service, 1993.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Study area.--The term ``Study Area'' means the Golden
Spike/Crossroads of the West National Heritage Area Study Area, the
boundaries of which are described in subsection (d).
(b) In General.--The Secretary shall conduct a study of the Study
Area which includes analysis and documentation necessary to determine
whether the Study Area--
(1) has an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of American
heritage worthy of recognition, conservation, interpretation, and
continuing use, and are best managed through partnerships among
public and private entities;
(2) reflects traditions, customs, beliefs, and folk-life that
are a valuable part of the national story;
(3) provides outstanding opportunities to conserve natural,
historic, cultural, or scenic features;
(4) provides outstanding recreational and educational
opportunities;
(5) contains resources important to the identified theme or
themes of the Study Area that retain a degree of integrity capable
of supporting interpretation;
(6) includes residents, business interests, nonprofit
organizations, and local and State governments who have
demonstrated support for the concept of a National Heritage Area;
and
(7) has a potential management entity to work in partnership
with residents, business interests, nonprofit organizations, and
local and State governments to develop a National Heritage Area
consistent with continued local and State economic activity.
(c) Consultation.--In conducting the study, the Secretary shall--
(1) consult with the State Historic Preservation Officer, State
Historical Society, and other appropriate organizations; and
(2) use previously completed materials, including the Golden
Spike Rail Study.
(d) Boundaries of Study Area.--The Study Area shall be comprised of
sites relating to completion of the first transcontinental railroad in
the State of Utah, concentrating on those areas identified on the map
included in the Golden Spike Rail Study.
(e) Report.--Not later than 3 fiscal years after funds are first
made available to carry out this section, the Secretary shall submit to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
findings and conclusions of the study and recommendations based upon
those findings and conclusions.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out the provisions of this section.
SEC. 302. CROSSROADS OF THE WEST HISTORIC DISTRICT.
(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution to our
national heritage of certain historic and cultural lands and
edifices of the Crossroads of the West Historic District; and
(2) to enhance cultural and compatible economic redevelopment
within the District.
(b) Definitions.--For the purposes of this section:
(1) District.--The term ``District'' means the Crossroads of
the West Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic buildings and any
other structure that the Secretary determines to be eligible for
listing on the National Register of Historic Places.
(c) Crossroads of the West Historic District.--
(1) Establishment.--There is established the Crossroads of the
West Historic District in the city of Ogden, Utah.
(2) Boundaries.--The boundaries of the District shall be the
boundaries depicted on the map entitled ``Crossroads of the West
Historic District'', numbered OGGO-20,000, and dated March 22,
2000. The map shall be on file and available for public inspection
in the appropriate offices of the Department of the Interior.
(d) Development Plan.--The Secretary may make grants and enter into
cooperative agreements with the State of Utah, local governments, and
nonprofit entities under which the Secretary agrees to pay not more
than 50 percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources within
the District;
(2) implementation of projects approved by the Secretary under
the development plan described in paragraph (1); and
(3) an analysis assessing measures that could be taken to
encourage economic development and revitalization within the
District in a manner consistent with the District's historic
character.
(e) Restoration, Preservation, and Interpretation of Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of Utah, local governments,
and nonprofit entities owning property within the District under
which the Secretary may--
(A) pay not more than 50 percent of the cost of restoring,
repairing, rehabilitating, and improving historic
infrastructure within the District;
(B) provide technical assistance with respect to the
preservation and interpretation of properties within the
District; and
(C) mark and provide interpretation of properties within
the District.
(2) Non-federal contributions.--When determining the cost of
restoring, repairing, rehabilitating, and improving historic
infrastructure within the District for the purposes of paragraph
(1)(A), the Secretary may consider any donation of property,
services, or goods from a non-Federal source as a contribution of
funds from a non-Federal source.
(3) Provisions.--A cooperative agreement under paragraph (1)
shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the property
except with the agreement of the property owner, the Secretary,
and any Federal agency that may have regulatory jurisdiction
over the property; and
(C) any construction grant made under this section shall be
subject to an agreement that provides--
(i) that conversion, use, or disposal of the project so
assisted for purposes contrary to the purposes of this
section shall result in a right of the United States to
compensation from the beneficiary of the grant; and
(ii) for a schedule for such compensation based on the
level of Federal investment and the anticipated useful life
of the project.
(4) Applications.--
(A) In general.--A property owner that desires to enter
into a cooperative agreement under paragraph (1) shall submit
to the Secretary an application describing how the project
proposed to be funded will further the purposes of the
management plan developed for the District.
(B) Consideration.--In making such funds available under
this subsection, the Secretary shall give consideration to
projects that provide a greater leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section not more than
$1,000,000 for any fiscal year and not more than $5,000,000 total.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Prescribes implementation guidelines, requiring the Secretary to: (1) consider the findings of the master plan study for such Center in Elko, Nevada; and (2) initiate a Center development plan.
Authorizes appropriations.
Title II: Conveyance of National Forest System Lands for Educational Purposes
- Education Land Grant Act - Authorizes the Secretary of Agriculture, upon written application, to convey National Forest System lands to a public school district for use for educational purposes if the Secretary makes specified determinations.
Sets forth an 80-acre conveyance limitation. Prohibits the transfer of mineral or water rights with such conveyance. Declares that title shall revert to the United States if there is any subsequent attempt to convey such lands to another entity, or the lands are devoted to a use other than for educational purposes.
Title III: Golden Spike-Crossroads of the West National Heritage Area Study Area and the Crossroads of the West Historic District
- Instructs the Secretary of the Interior to study and report to certain congressional committees on whether the West National Heritage Area Study Area should be developed as a National Heritage Area. Authorizes appropriations.
Establishes the Crossroads of the West Historic District (District) in the City of Ogden, Utah. Authorizes the Secretary to make grants and enter into cooperative agreements with the State of Utah, local governments, and nonprofit entities under which the Secretary agrees to pay not more than 50 percent of the expenses for: (1) Development Plan preparation; and (2) District historic infrastructure rehabilitation.
Prescribes implementation guidelines. Authorizes appropriations. | California Trail Interpretive Act |
SECTION 1. PREFERENTIAL INCOME TAX TREATMENT FOR POLITICAL
ORGANIZATIONS LIMITED TO PRINCIPAL CAMPAIGN COMMITTEES.
(a) In General.--The text of section 527 of the Internal Revenue
Code of 1986 (relating to political organizations) is amended by
striking ``political organization'' each place it appears and inserting
``principal campaign committee''.
(b) Technical and Conforming Amendments.--
(1) Subsection (b) of section 527 of such Code is amended
by striking ``the highest rate'' and inserting ``the
appropriate rates''.
(2) Section 527 of such Code is amended by striking
paragraph (1) of subsection (e), by moving paragraph (2) of
subsection (h) and inserting it before paragraph (2) of
subsection (e) and by redesignating such paragraph as paragraph
(1), and by striking the remainder of subsection (h).
(3) Section 527 of such Code is amended by striking
subsection (g) (relating to newsletter funds).
(4) Paragraph (1) of section 527(f) of such Code is amended
by adding at the end the following flush sentence:
``In applying subsection (b) for purposes of this subsection,
paragraph (1) of subsection (b) shall be applied by
substituting `the highest rate' for `the appropriate rates'.''
(5) The subsection heading for subsection (c) of section
527 of such Code is amended by striking ``Political
Organization'' and inserting ``Principal Campaign Committee''.
(6)(A) The section heading for section 527 of such Code is
amended to read as follows:
``SEC. 527. PRINCIPAL CAMPAIGN COMMITTEES.''
(B) The table of sections for part VI of subchapter F of
chapter 1 of such Code is amended by striking the item relating
to section 527 and inserting the following:
``Sec. 527. Principal campaign
committees.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 2. CANCELLATION OF LOAN TO A PRINCIPAL CAMPAIGN COMMITTEE INCLUDED
IN SUCH COMMITTEE'S TAXABLE INCOME.
(a) In General.--Subsection (c) of section 527 of the Internal
Revenue Code of 1986 (defining principal campaign committee taxable
income) is amended by adding at the end the following new paragraph:
``(4) Treatment of canceled loans.--
``(A) In general.--The term `exempt function
income' shall not include--
``(i) a contribution in the form of the
cancellation of any loan made to the principal
campaign committee, or
``(ii) any other contribution made directly
or indirectly from the lender of any loan to
the principal campaign committee if such
contribution is used directly or indirectly to
make payments on such loan.
``(B) Exceptions.--Subparagraph (A) shall not apply
with respect to--
``(i) any loan made by a bank (as defined
in section 581), or
``(ii) any loan made by a candidate for
Congress to the extent that the amount of
contributions referred to in subparagraph (A)
with respect to such loan does not exceed
$2,000.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. INCLUSION IN GROSS INCOME FOR CONTRIBUTIONS IN EXCESS OF $100
TO POLITICAL ORGANIZATIONS.
(a) In General.--Part VI of subchapter F of chapter 1 of the
Internal Revenue Code of 1986 (relating to political organizations) is
amended by adding at the end the following new section:
``SEC. 528. INCLUSION IN GROSS INCOME FOR CONTRIBUTIONS IN EXCESS OF
$100 TO POLITICAL ORGANIZATIONS.
``(a) In General.--Notwithstanding any other provision of law--
``(1) the gross income of any political organization shall
include any amount contributed in cash to such organization
during a calendar year by any person to the extent the amount
contributed directly or indirectly to such organization by such
person during such year exceeds $100, and
``(2) the amount included in gross income under paragraph
(1) shall be subject to tax under this chapter.
``(b) Political Organization.--The term `political organization'
means a party, committee, association, fund, or other organization
(whether or not incorporated) organized and operated primarily for the
purpose of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function (as defined in section
527(e)).''
(b) Clerical Amendment.--The table of sections for such part VI is
amended by adding at the end the following new item:
``Sec. 528. Inclusion in gross income for
contributions in excess of $100
to political organizations.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends Internal Revenue Code provisions governing the taxation of political organizations to apply those provisions only to principal campaign committees. Declares that the cancellation of loans to such a committee and contributions from a lender used directly or indirectly to make payments on the lender's loan are not included in the term "exempt function income," subject to exception.
Includes in the gross income of any political organization any cash contribution from an individual in excess of $100. Subjects that excess to taxation. | To amend the Internal Revenue Code of 1986 to provide that the preferential income tax treatment of political organizations shall apply only to principal campaign committees, to provide that a cancellation of a loan to such a committee shall be includible in such committee's taxable income, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working American Training Voucher
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Governor.--The term ``Governor'' means the chief
executive of any State.
(2) Private industry council.--The term ``private industry
council'' means a council nominated, appointed, and certified
in accordance with section 103 of the Job Training Partnership
Act (29 U.S.C. 1513) or a local workforce investment board
established in accordance with section 117 of the Workforce
Investment Act of 1998 (29 U.S.C. 2832).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(4) Service delivery area.--The term ``service delivery
area'' means a service delivery area designated in accordance
with section 101 of the Job Training Partnership Act (29 U.S.C.
1511) or a local workforce investment area designated in
accordance with section 116 of the Workforce Investment Act of
1998 (29 U.S.C. 2831).
(5) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
(6) State educational agency.--The term ``State educational
agency'' has the meaning given such term in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(7) Training entity.--The term ``training entity'' means an
administrative entity, as defined in section 4 of the Job
Training Partnership Act (29 U.S.C. 1503) or a one-step
operator designated or certified under section 121(d) of the
Workforce Investment Act of 1998 (29 U.S.C. 2841(d)).
SEC. 2. GENERAL AUTHORITY.
The Secretary shall make allotments to States that have State plans
approved under section 4 to enable the States to assist training
entities in service delivery areas in carrying out training voucher
programs under this Act.
SEC. 3. ALLOTMENTS AND ALLOCATIONS.
(a) Allotment.--
(1) Territories.--From the amount made available under
section 9 for each fiscal year, the Secretary shall reserve not
more than \1/4\ of 1 percent to make grants to the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic
of Palau. The Secretary shall issue regulations specifying the
requirements of this Act that shall apply to funds made
available through such grants.
(2) State reservation.--After determining the amounts to be
reserved under paragraph (1), the Secretary shall allot not
less than 90 percent of the remainder to the States for
allocation to service delivery areas within each State. Each
State shall allocate to each service delivery area within the
State the amount determined by the Secretary for such service
delivery area pursuant to the formula contained in subsection
(b). The remaining 10 percent shall be used by the State in
accordance with subsection (c).
(b) Allocation to Service Delivery Areas.--
(1) Formula.--Subject to the provisions of paragraph (2),
of the amounts allocated to service delivery areas for this Act
for each fiscal year--
(A) 33\1/3\ percent shall be allocated on the basis
of the relative number of unemployed individuals in
areas of substantial unemployment in each service
delivery area as compared to the total number of
unemployed individuals in areas of substantial
unemployment in all service delivery areas in all
States;
(B) 33\1/3\ percent shall be allocated on the basis
of the relative excess number of unemployed individuals
in each service delivery area as compared to the total
excess number of unemployed individuals in all service
delivery areas in all States; and
(C) 33\1/3\ percent shall be allocated on the basis
of the relative number of economically disadvantaged
adults in each service delivery area as compared to the
total number of economically disadvantaged adults in
all service delivery areas in all States.
(2) Limitations.--
(A) Minimum percentage.--No service delivery area
shall receive an allocation percentage for a fiscal
year that is less than 90 percent of the allocation
percentage of the service delivery area for the
preceding fiscal year.
(B) Maximum percentage.--No service delivery area
shall receive an allocation percentage for a fiscal
year that is more than 130 percent of the allocation
percentage of the service delivery area for the
preceding fiscal year.
(C) State minimum.--Notwithstanding subparagraphs
(A) and (B), the total allocation under this subsection
for all service delivery areas in any State for a
fiscal year shall not be less than \1/4\ of 1 percent
of the total allocation under this subsection for all
service delivery areas in all States for the fiscal
year.
(D) Allocation percentage.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraphs (A)
and (B), the allocation percentage of a service
delivery area for a fiscal year shall be the
percentage of funds allocated to the service
delivery area under this subsection.
(ii) Fiscal year 1999.--For purposes of
subparagraphs (A) and (B), the allocation
percentage of a service delivery area for
fiscal year 1999 shall be the percentage of
funds allocated to the service delivery area
under part A of title II of the Job Training
Partnership Act (29 U.S.C. 1601 et seq.) or
paragraph (2)(A) or (3) of section 133(b) of
the Workforce Investment Act of 1998 (29 U.S.C.
2863(b)).
(3) Recipient.--The training entity in a service delivery
area shall receive each allocation made to the area under this
subsection.
(c) State Activities.--The remaining 10 percent of funds available
for allotment to States under this part for each fiscal year may be
used for State administrative and oversight activities.
(d) Definitions and Rule.--
(1) Definitions.--In this section:
(A) Area of substantial unemployment.--The term
``area of substantial unemployment'' means any area
that is of sufficient size and scope to sustain a
program carried out under this Act and that has an
average rate of unemployment of at least 6.5 percent
for the most recent 12 months, as determined by the
Secretary. For purposes of this subparagraph,
determinations of areas of substantial unemployment
shall be made once each fiscal year.
(B) Economically disadvantaged adult.--The term
``economically disadvantaged adult'' means an
individual who is age 22 through 72 and who has
received an income, or is a member of a family that has
received a total family income, for the 6-month period
prior to application for the program involved that, in
relation to family size, does not exceed the higher
of--
(i) the poverty line (as defined by the
Office of Management and Budget, and revised
annually in accordance with section 673(2) of
the Omnibus Budget Reconciliation Act of 1981
(42 U.S.C. 9902(2)), for an equivalent period;
or
(ii) 70 percent of the lower living
standard income level, for an equivalent
period.
(C) Excess number.--The term ``excess number''
means, with respect to the excess number of unemployed
individuals in a service delivery area, the number of
unemployed individuals in excess of 4.5 percent of the
civilian labor force in the service delivery area, or
the number of unemployed individuals in excess of 4.5
percent of the civilian labor force in areas of
substantial unemployment in such service delivery area.
(D) State.--The term ``State'' means any of the
several States, the District of Columbia, and the
Commonwealth of Puerto Rico.
(2) Special rule.--For the purposes of this section, the
Secretary shall, as appropriate and to the extent practicable,
exclude college students and members of the Armed Forces from
the determination of the number of economically disadvantaged
adults.
SEC. 4. STATE PLAN.
In order for a State to receive an allotment under this Act, the
Governor of the State shall develop and submit a State plan to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require. At a minimum, the State plan shall
contain--
(1) information describing the use of all resources
provided to the State and the service delivery areas in the
State under this Act; and
(2) information identifying an entity within the State,
which may be the State educational agency, that will certify
training programs as eligible to receive vouchers under this
Act.
SEC. 5. LOCAL PLAN.
In order for a service delivery area in a State to receive an
allocation under this Act, the private industry council for the area
shall ensure the preparation, and submission to the Governor of the
State, of a local plan at such time, in such manner, and containing
such information as the Governor may require. At a minimum, the local
plan shall contain information describing the manner in which the
training entity will carry out a training voucher program in the area.
The local plan shall be developed, submitted, approved, and subject to
oversight in accordance with the requirements of section 103 of the Job
Training Partnership Act (29 U.S.C. 1513) or the requirements of
sections 117 and 118 of the Workforce Investment Act of 1998 (29 U.S.C.
2832, 2833), for job training plans.
SEC. 6. USE OF FUNDS.
(a) In General.--A training entity that receives an allocation for
a service delivery area under this Act shall use the funds made
available through the allocation to distribute training vouchers to
eligible employees, to enable the employees to participate in training
programs that are certified as described in section 4(2). The training
entity may not provide training programs under this Act.
(b) Vouchers.--The amount of a voucher made available under
subsection (a) shall be the lesser of--
(1) the amount necessary to pay for such a certified
training program for an employee for 1 year; or
(2) $1000.
(c) Eligible Employee.--To be eligible to apply for a training
voucher in a State under this Act, an employee shall--
(1) be employed by an employer who has 200 or fewer
employees for each working day in each of 20 or more calendar
weeks in the current or preceding calendar year; or
(2) in the case of an employee who applies during a period
for which the Governor of the State has provided a waiver under
section 7(c), be employed by an employer described in such
section.
(d) Application.--To be eligible to receive a training voucher
under this Act, an employee shall submit an application to the training
entity at such time, in such manner, and containing such information as
the entity may require. At a minimum, the application shall contain
information demonstrating that the employer of the employee approves of
the training program for which the voucher will be used.
SEC. 7. WAIVER AUTHORITY OF GOVERNOR.
(a) Report.--Not later than the 90th day of a fiscal year, each
training entity in a State shall submit to the Governor a report
containing information on--
(1) the amount of funds that the entity has received
through an allocation made under section 3 for the fiscal year
and has obligated for activities described in this Act; and
(2) if the entity has not obligated all of the funds
received, the reasons that a portion of the funds remains
unobligated.
(b) Determination.--Not later than the 120th day of the fiscal
year, the Governor shall determine whether to waive the requirements of
section 6(c)(1) for employees in the State for the remainder of the
fiscal year.
(c) Waiver.--If the Governor waives the requirements, an employee
shall be eligible to apply to receive a training voucher under this Act
if the employee is employed by an employer who has 500 or fewer
employees for each working day in each of 20 or more calendar weeks in
the current or preceding calendar year.
SEC. 8. REFERENCES.
Any reference in this Act to the Job Training Partnership Act (29
U.S.C. 1501 et seq.) ceases to be effective July 1, 2000, the effective
date of the repeal of the Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$1,100,000,000 for fiscal year 2000 and each subsequent fiscal year. | Working American Training Voucher Act - Establishes a training voucher system. Directs the Secretary of Labor to make allotments to States with approved plans to assist training entities in service delivery areas (SDAs) in carrying out training voucher programs.
Sets forth requirements for: (1) allotments and allocations of funds; and (2) State and local plans.
Requires training entities that receive such allocations for SDAs to use such funds to distribute training vouchers to eligible employees so that they may participate in certified training programs. Prohibits such a training entity from providing training programs under this Act.
Sets the amount of such a voucher at the lesser of: (1) the amount necessary to pay for such a certified training program for an employee for one year; or (2) $1,000.
Conditions eligibility to apply for a training voucher on an employee's being employed by an employer who has: (1) 200 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year; or (2) 500 or fewer employees for each such day in such weeks of the current or preceding year, if the application is made during a period for which the State Governor has provided a specified waiver under this Act.
Authorizes appropriations. | Working American Training Voucher Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maintaining dignity and Eliminating
unnecessary Restrictive Confinement of Youths Act of 2017'' or the
``MERCY Act''.
SEC. 2. JUVENILE SOLITARY CONFINEMENT.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5043. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
``(A) a juvenile who--
``(i) is being proceeded against under this
chapter for an alleged act of juvenile
delinquency; or
``(ii) has been adjudicated delinquent
under this chapter; or
``(B) a juvenile who is being proceeded against as
an adult in a district court of the United States for
an alleged criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of
delinquency under this chapter; or
``(B) detained prior to disposition or conviction;
and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a
juvenile facility for discipline, punishment, retaliation, or
any reason other than as a temporary response to a covered
juvenile's behavior that poses a serious and immediate risk of
physical harm to any individual, including the covered
juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before a staff member of
a juvenile facility places a covered juvenile
in room confinement, the staff member shall
attempt to use less restrictive techniques,
including--
``(I) talking with the covered
juvenile in an attempt to de-escalate
the situation; and
``(II) permitting a qualified
mental health professional, or a staff
member who has received training in de-
escalation techniques and trauma-
informed care, to talk to the covered
juvenile.
``(ii) Explanation.--If, after attempting
to use less restrictive techniques as required
under clause (i), a staff member of a juvenile
facility decides to place a covered juvenile in
room confinement, the staff member shall
first--
``(I) explain to the covered
juvenile the reasons for the room
confinement; and
``(II) inform the covered juvenile
that release from room confinement will
occur--
``(aa) immediately when the
covered juvenile regains self-
control, as described in
subparagraph (B)(i); or
``(bb) not later than after
the expiration of the time
period described in subclause
(I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered
juvenile is placed in room confinement because the
covered juvenile poses a serious and immediate risk of
physical harm to himself or herself, or to others, the
covered juvenile shall be released--
``(i) immediately when the covered juvenile
has sufficiently gained control so as to no
longer engage in behavior that threatens
serious and immediate risk of physical harm to
himself or herself, or to others; or
``(ii) if a covered juvenile does not
sufficiently gain control as described in
clause (i), not later than--
``(I) 3 hours after being placed in
room confinement, in the case of a
covered juvenile who poses a serious
and immediate risk of physical harm to
others; or
``(II) 30 minutes after being
placed in room confinement, in the case
of a covered juvenile who poses a
serious and immediate risk of physical
harm only to himself or herself.
``(C) Risk of harm after maximum period of
confinement.--If, after the applicable maximum period
of confinement under subclause (I) or (II) of
subparagraph (B)(ii) has expired, a covered juvenile
continues to pose a serious and immediate risk of
physical harm described in that subclause--
``(i) the covered juvenile shall be
transferred immediately to another juvenile
facility or internal location where services
can be provided to the covered juvenile without
relying on room confinement; or
``(ii) if a qualified mental health
professional believes the level of crisis
service needed is not currently available, a
staff member of the juvenile facility shall
immediately transport the juvenile to--
``(I) an emergency medical
facility; or
``(II) an equivalent location that
can meet the needs of the covered
juvenile.
``(D) Action before expiration of time limit.--
Nothing in subparagraph (C) shall be construed to
prohibit an action described in clause (i) or (ii) of
that subparagraph from being taken before the
applicable maximum period of confinement under
subclause (I) or (II) of subparagraph (B)(ii) has
expired.
``(E) Conditions.--A room used for room confinement
for a juvenile shall--
``(i) have not less than 80 square feet of
floor space;
``(ii) have adequate lighting, heating or
cooling (as applicable), and ventilation for
the comfort of the juvenile;
``(iii) be suicide-resistant and
protrusion-free; and
``(iv) have access to clean potable water,
toilet facilities, and hygiene supplies.
``(F) Notice.--
``(i) Use of room confinement.--Not later
than 1 business day after the date on which a
juvenile facility places a covered juvenile in
room confinement, the juvenile facility shall
provide notice to the attorney of record for
the juvenile.
``(ii) Transfer.--Not later than 24 hours
after a covered juvenile is transferred from a
juvenile facility to another location, the
juvenile facility shall provide notice to--
``(I) the attorney of record for
the juvenile; and
``(II) an authorized parent or
guardian of the juvenile.
``(G) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.
``(c) Study and Report.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the Attorney
General shall submit to Congress a report that--
``(1) contains a detailed description of the type of
physical force, restraints, and room confinement used at
juvenile facilities;
``(2) describes the number of instances in which physical
force, restraints, or room confinement are used at juvenile
facilities, disaggregated by race, ethnicity, and gender; and
``(3) contains a detailed description of steps taken, in
each instance in which room confinement is used at a juvenile
facility, to address and remedy the underlying issue that led
to behavioral intervention resulting in the use of room
confinement, including any positive or negative outcomes.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 403 of title 18, United States Code, is amended by adding at
the end the following:
``5043. Juvenile solitary confinement.''. | Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2017 or the MERCY Act This bill amends the federal criminal code to prohibit juvenile solitary confinement, except as a temporary response to behavior that poses a serious and immediate risk of harm. | Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Georgian Fair Business Practices
Sanctions Act of 2017''.
SEC. 2. REPORT ON ACTIONS OF THE GOVERNMENT OF GEORGIA TO UNDERMINE
COMMITMENTS OR CONTRACTUAL AGREEMENTS MADE WITH UNITED
STATES PERSONS ENGAGING IN BUSINESS OPERATIONS IN THE
COUNTRY OF GEORGIA.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and not less frequently than once every 180 days
thereafter, the President shall submit to the appropriate congressional
committees a report that--
(1) includes a determination of the President of whether or
not the Government of Georgia is taking actions to undermine
the commitments or contractual agreements made with United
States persons engaging in business operations in the country
of Georgia; and
(2) identifies foreign persons who are current or former
officials of the Government of Georgia who are responsible for
any actions described in paragraph (1).
(b) Information.--The report required under subsection (a) shall
include--
(1) a summary of United States Government and nongovernment
investment in Georgia; and
(2) an assessment of the impact of actions described in
subsection (a)(1) on the future of United States investment in
Georgia.
(c) Form.--The report required under subsection (a) shall be
submitted in unclassified form but may include a classified annex.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF
GEORGIA AND RESPONSIBLE OFFICIALS OF THE GOVERNMENT OF
GEORGIA.
(a) In General.--If the President submits to the appropriate
congressional committees a report under section 2 that contains an
affirmative determination of the President as described in subsection
(a)(1) of such section--
(1) the President shall impose the sanctions described in
subsection (b) with respect to the Government of Georgia; and
(2) the President shall impose the sanctions described in
subsection (c) with respect to current or former officials of
the Government of Georgia who are identified in subsection
(a)(2) of such section.
(b) Sanctions With Respect to Government of Georgia Described.--The
sanctions described in this subsection are the following:
(1) No loan, credit guarantee, insurance, financing, or
other similar financial assistance be extended by any agency of
the Government of the United States (including the Export-
Import Bank of the United States or the Overseas Private
Investment Corporation) to the Government of Georgia, except
with respect to the provision of humanitarian goods and
agricultural or medical products.
(2) No funds available to the Trade and Development Agency
should be available for activities of the Agency in or for
Georgia.
(c) Sanctions With Respect to Responsible Officials Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The exercise of all powers
granted to the President by the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (except
that the requirements of section 202 of such Act (50
U.S.C. 1701) shall not apply) to the extent necessary
to block and prohibit all transactions in all property
and interests in property of an individual who is
subject to subsection (a)(2) if such property and
interests in property are in the United States, come
within the United States, or are or come within the
possession or control of a United States person.
(B) Aliens ineligible for visas, admission, or
parole.--
(i) Visas, admission, or parole.--An alien
who is subject to subsection (a)(2) is--
(I) inadmissible to the United
States;
(II) ineligible to receive a visa
or other documentation to enter the
United States; and
(III) otherwise ineligible to be
admitted or paroled into the United
States or to receive any other benefit
under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.).
(ii) Current visas revoked.--
(I) In general.--The issuing
consular officer, the Secretary of
State, or the Secretary of Homeland
Security shall revoke any visa or other
entry documentation issued to an alien
who is subject to subsection (a)(2),
regardless of when issued.
(II) Effect of revocation.--A
revocation under subclause (I) shall
take effect immediately and shall
automatically cancel any other valid
visa or entry documentation that is in
the possession of the alien.
(2) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of regulations prescribed under paragraph
(1)(A) to the same extent that such penalties apply to a person
that commits an unlawful act described in subsection (a) of
such section 206.
SEC. 4. TERMINATION OF SANCTIONS.
The sanctions described in section 3 shall cease to have effect
beginning on the day after the date on which the President submits to
the appropriate congressional committees a report under section 2 that
contains a negative determination of the President as described in
subsection (a)(1) of such section.
SEC. 5. DEFINITIONS.
In this Act:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Homeland Security,
the Committee on Financial Services, and the Committee
on Ways and Means of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
(3) Entity.--The term ``entity''--
(A) means a partnership, association, corporation,
or other organization, group, or subgroup; and
(B) includes a governmental entity.
(4) Person.--The term ``person'' means an individual or
entity.
(5) United states person.--The term ``United States
person'' means a United States citizen, permanent resident
alien, entity organized under the laws of the United States
(including foreign branches), or a person in the United States. | Georgian Fair Business Practices Sanctions Act of 2017 This bill directs the President to periodically submit to Congress a report: (1) determining whether or not the government of Georgia is undermining commitments or contractual agreements made with U.S. business persons operating in Georgia, and (2) identifying current or former Georgian officials who are responsible for such actions. The report shall include a summary of U.S. government and nongovernment investment in Georgia. If the President determines that Georgia has committed such actions, the President shall impose financial and trade assistance sanctions on the government of Georgia and visa and property blocking sanctions on identified officials. | Georgian Fair Business Practices Sanctions Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industry-Based Education Support
Act''.
SEC. 2. GRANT PROGRAM FOR CURRICULUM AND PROFESSIONAL DEVELOPMENT.
The Carl D. Perkins Vocational and Applied Technology Education Act
is amended by adding at the end of title III the following new part:
``PART I--CURRICULUM AND PROFESSIONAL DEVELOPMENT
``SEC. 391. FINDINGS.
``The Congress finds that--
``(1) vocational education is the ongoing school-based
component of a school-to-work transition system;
``(2) the Carl D. Perkins Vocational and Applied Technology
Education Act established a framework for integrating academic
and vocational education as a mechanism to improve the quality
of vocational education, improve student achievement, and
prepare students for the world of work;
``(3) there continues to be a need for curricula and
instructional materials that integrate academic and vocational
education at both the secondary and postsecondary level;
``(4) new curricula and instructional materials are needed
to provide a sequence of learning between the secondary and
postsecondary level;
``(5) in order to provide students with the skills
necessary to be successful participants in a global economy,
curricula and instructional materials are needed which reflect
the needs of business and industry;
``(6) the successful integration of academic and vocational
education organized around career majors or industry clusters
can be an effective means of reforming high schools; and
``(7) the effectiveness of integrated curricula is enhanced
through professional development and technical assistance
programs that support collaboration among academic and
vocational teachers to develop new and innovative approaches to
preparing all students for the world of work.
``SEC. 392. PURPOSE.
``It is the purpose of this part to provide assistance to State
educational agencies, educational service agencies, local educational
agencies, and schools to--
``(1) implement effective industry-based learning;
``(2) strengthen the school-based aspect of State School-
to-Work transition systems where such systems exist; and
``(3) implement the integration of academic and vocational
education.
``SEC. 393. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State educational
agencies, local educational agencies, educational service agencies or
to consortia which must include at lease one of such entities and may
include such entities as institutions of higher education, businesses
or labor unions to improve curriculum, develop instructional materials,
or provide professional development or a combination of all such
activities.
``SEC. 394. PROGRAM REQUIREMENTS.
``(a) In General.--To be eligible to receive a grant under this
part, an entity shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``(b) Grants for Curriculum Development and Instructional Materials
Development.--
``(1) Application.--Each application for curriculum
development and instructional materials shall include a
description of how the curriculum and instructional materials
shall--
``(A) integrate academic and vocational
instruction;
``(B) be aligned with career majors, career
pathways, or a coherent sequence of courses as defined
by the State educational agency or local educational
agency;
``(C) be tied to challenging State content
standards or challenging local content standards, and
challenging State student performance standards or
challenging local student performance standards;
``(D) take into account the most recent thinking on
skill standards as reflected in international,
national, State, or local skill standards;
``(E) allow for a smooth transition into post-
secondary education or into appropriate employment;
``(F) meet postsecondary education admission
requirements; and
``(G) take into account the special needs of all
students.
``(2) Special consideration.--In awarding grants under this
subsection, the Secretary shall give special consideration to
applications for the development of curricula or materials
which--
``(A) are linked to a program of professional
development;
``(B) encourage the use of applied teaching and
contextualized learning methodologies;
``(C) encourage collaboration between academic and
vocational educators;
``(D) show potential for effective use in other
State educational agencies or local educational
agencies; and
``(E) take into account the possibility that
students may be involved in work-based learning as
defined in the School-to-Work Opportunities Act.
``(c) Grants for Professional Development.--
``(1) Description.--Each application for professional
development shall include a description of a professional
development program that--
``(A) supports innovative instructional
methodologies which integrate academic and vocational
teaching and learning and which foster collaboration
among academic and vocational teachers;
``(B) trains teachers to implement upgraded
curricula such as those described in paragraph (1) of
subsection (b);
``(C) is developed and implemented in coordination
with professional development activities funded through
other Federal programs, including the School-to-Work
Opportunities Act and the Elementary and Secondary
Education Act of 1965;
``(D) is tied to challenging State content
standards or challenging local content standards, and
challenging State student performance standards or
challenging local student performance standards;
``(E) is of sufficient intensity and duration to
have positive and lasting impact on the teacher's
performance in the classroom; and
``(F) is designed in consultation with classroom
teachers and, where appropriate, administrators, pupil
service personnel and other school staff.
``(2) Funds.--Funds under this part may be used for--
``(A) the development and implementation of
professional development activities which meet the
requirements of paragraph (1);
``(B) planning time and release time for teachers,
and, where appropriate, other school staff, to allow
such personnel to participate in professional
development activities or to plan the development or
implementation of upgraded curriculum;
``(C) the development and implementation of
programs which familiarize teachers with the local work
environment, such as summer internships or work
placements;
``(D) professional development programs that train
teams of teachers, including vocational teachers,
academic teachers, and where appropriate, other school
staff and workplace mentors funded under the School-to-
Work Opportunities Act;
``(E) preparing teachers and, where appropriate,
other school personnel in assisting students involved
in work-based learning funded under the School-to-Work
Opportunities Act;
``(F) the establishment and maintenance of
professional development networks that allow exchange
of information among teachers on content and pedagogy;
``(G) preparing teachers in the effective use of
educational technology and assistive technology for
delivering professional development services;
``(H) the development and implementation of teacher
evaluation techniques which take into account
collaboration between academic and vocational teachers;
and
``(I) preparing teachers, pupil service personnel
or other staff to provide career guidance, counseling,
or exploration.
``SEC. 395. STATE TECHNICAL ASSISTANCE.
``(a) In General.--A State educational agency receiving funds under
this part may reserve not more than 10 percent of such funds to provide
technical assistance upon request to local educational agencies or
educational service agencies to assist in the development,
dissemination, and implementation of curricula, instructional materials
or professional development programs that support the integration of
academic and vocational instruction or the implementation of industry-
based career majors.
``(b) Assistance.--Such assistance may be provided directly through
the State educational agency or through educational service agencies,
institutions of higher education, or a consortium of such entities.
Such assistance shall be consistent with the requirements in section
394.
``SEC. 396. CONSOLIDATED APPLICATIONS.
``Entities seeking to receive a grant under this part may submit an
application under this part or may consolidate such application with an
application under this Act or that meets the requirements of part C of
title XIV of the Elementary and Secondary Education Act of 1965.
``SEC. 397. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $100,000,000 for fiscal
year 1996 and such sums as may be necessary for each of the fiscal
years 1997 through 2000.''. | Industry-Based Education Support Act - Amends the Carl D. Perkins Vocational and Applied Technology Education Act to authorize the Secretary of Education to make grants to State and local educational agencies, educational service agencies, or consortia of these and other entities, for vocational education curriculum, instructional materials, and professional development, with emphasis on integration of academic and vocational instruction.
Allows State educational agencies to reserve up to ten percent of such funds to provide technical assistance to local educational agencies or educational service agencies.
Allows consolidated applications.
Authorizes appropriations. | Industry-Based Education Support Act |
SECTION 1. EDUCATIONAL USE COPYRIGHT EXEMPTION.
(a) Short Title.--This Act may be cited as the ``Technology,
Education, and Copyright Harmonization Act of 2001''.
(b) Exemption of Certain Performances and Displays for Educational
Uses.--Section 110 of title 17, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) except with respect to a work produced or marketed
primarily for performance or display as part of mediated
instructional activities transmitted via digital networks, or a
performance or display that is given by means of a copy or
phonorecord that is not lawfully made and acquired under this
title, and the transmitting government body or accredited
nonprofit educational institution knew or had reason to believe
was not lawfully made and acquired, the performance of a
nondramatic literary or musical work or reasonable and limited
portions of any other work, or display of a work in an amount
comparable to that which is typically displayed in the course
of a live classroom session, by or in the course of a
transmission, if--
``(A) the performance or display is made by, at the
direction of, or under the actual supervision of an
instructor as an integral part of a class session
offered as a regular part of the systematic mediated
instructional activities of a governmental body or an
accredited nonprofit educational institution;
``(B) the performance or display is directly
related and of material assistance to the teaching
content of the transmission;
``(C) the transmission is made solely for, and, to
the extent technologically feasible, the reception of
such transmission is limited to--
``(i) students officially enrolled in the
course for which the transmission is made; or
``(ii) officers or employees of
governmental bodies as a part of their official
duties or employment; and
``(D) the transmitting body or institution--
``(i) institutes policies regarding
copyright, provides informational materials to
faculty, students, and relevant staff members
that accurately describe, and promote
compliance with, the laws of the United States
relating to copyright, and provides notice to
students that materials used in connection with
the course may be subject to copyright
protection; and
``(ii) in the case of digital
transmissions--
``(I) applies technological
measures that reasonably prevent--
``(aa) retention of the
work in accessible form by
recipients of the transmission
from the transmitting body or
institution for longer than the
class session; and
``(bb) unauthorized further
dissemination of the work in
accessible form by such
recipients to others; and
``(II) does not engage in conduct
that could reasonably be expected to
interfere with technological measures
used by copyright owners to prevent
such retention or unauthorized further
dissemination;''; and
(2) by adding at the end the following:
``In paragraph (2), the term `mediated instructional
activities' with respect to the performance or display of a
work by digital transmission under this section refers to
activities that use such work as an integral part of the class
experience, controlled by or under the actual supervision of
the instructor and analogous to the type of performance or
display that would take place in a live classroom setting. The
term does not refer to activities that use, in 1 or more class
sessions of a single course, such works as textbooks, course
packs, or other material in any media, copies or phonorecords
of which are typically purchased or acquired by the students in
higher education for their independent use and retention or are
typically purchased or acquired for elementary and secondary
students for their possession and independent use.
``For purposes of paragraph (2), accreditation--
``(A) with respect to an institution providing
post-secondary education, shall be as determined by a
regional or national accrediting agency recognized by
the Council on Higher Education Accreditation or the
United States Department of Education; and
``(B) with respect to an institution providing
elementary or secondary education, shall be as
recognized by the applicable state certification or
licensing procedures.
``For purposes of paragraph (2), no governmental body or
accredited nonprofit educational institution shall be liable
for infringement by reason of the transient or temporary
storage of material carried out through the automatic technical
process of a digital transmission of the performance or display
of that material as authorized under paragraph (2). No such
material stored on the system or network controlled or operated
by the transmitting body or institution under this paragraph
shall be maintained on such system or network in a manner
ordinarily accessible to anyone other than anticipated
recipients. No such copy shall be maintained on the system or
network in a manner ordinarily accessible to such anticipated
recipients for a longer period than is reasonably necessary to
facilitate the transmissions for which it was made.''.
(c) Ephemeral Recordings.--
(1) In general.--Section 112 of title 17, United States
Code, is amended--
(A) by redesignating subsection (f) as subsection (g); and
(B) by inserting after subsection (e) the following:
``(f)(1) Notwithstanding the provisions of section 106, and without
limiting the application of subsection (b), it is not an infringement
of copyright for a governmental body or other nonprofit educational
institution entitled under section 110(2) to transmit a performance or
display to make copies or phonorecords of a work that is in digital
form and, solely to the extent permitted in paragraph (2), of a work
that is in analog form, embodying the performance or display to be used
for making transmissions authorized under section 110(2), if--
``(A) such copies or phonorecords are retained and used
solely by the body or institution that made them, and no
further copies or phonorecords are reproduced from them, except
as authorized under section 110(2); and
``(B) such copies or phonorecords are used solely for
transmissions authorized under section 110(2).
``(2) This subsection does not authorize the conversion of print or
other analog versions of works into digital formats, except that such
conversion is permitted hereunder, only with respect to the amount of
such works authorized to be performed or displayed under section
110(2), if--
``(A) no digital version of the work is available to the
institution; or
``(B) the digital version of the work that is available to
the institution is subject to technological protection measures
that prevent its use for section 110(2).''.
(2) Technical and conforming amendment.--Section 802(c) of
title 17, United States Code, is amended in the third sentence
by striking ``section 112(f)'' and inserting ``section
112(g)''.
(d) Patent and Trademark Office Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act and after a period for public comment,
the Undersecretary of Commerce for Intellectual Property, after
consultation with the Register of Copyrights, shall submit to
the Committees on the Judiciary of the Senate and the House of
Representatives a report describing technological protection
systems that have been implemented, are available for
implementation, or are proposed to be developed to protect
digitized copyrighted works and prevent infringement, including
upgradeable and self-repairing systems, and systems that have
been developed, are being developed, or are proposed to be
developed in private voluntary industry-led entities through an
open broad based consensus process. The report submitted to the
Committees shall not include any recommendations, comparisons,
or comparative assessments of any commercially available
products that may be mentioned in the report.
(2) Limitations.--The report under this subsection--
(A) is intended solely to provide information to
Congress; and
(B) shall not be construed to affect in any way,
either directly or by implication, any provision of
title 17, United States Code, including the
requirements of clause (ii) of section 110(2)(D) of
that title (as added by this Act), or the
interpretation or application of such provisions,
including evaluation of the compliance with that clause
by any governmental body or nonprofit educational
institution.
Passed the Senate June 7, 2001.
Attest:
GARY SISCO,
Secretary. | Technology, Education, and Copyright Harmonization Act of 2001 - Revises Federal copyright law to extend the exemption from infringement liability for instructional broadcasting to digital distance learning or distance education. Excludes from such exemption (thus subjecting to infringement liability) any work produced or marketed primarily for performance or display as part of mediated instructional activities transmitted via digital networks, or a performance or display that is given by means of a copy or phonorecord that is not lawfully made and acquired and the transmitting government body or accredited nonprofit educational institution knew or had reasons to believe was not lawfully made and acquired. Allows under specified conditions the performance and display of reasonable and limited portions of any copyrighted work in an amount comparable to that which is typically displayed in the course of a live classroom session, by or in the course of a transmission.Revises the conditions of such transmission to: (1) require the performance or display to be made by or at the direction of, or under the actual supervision of an instructor as an integral part of a class session offered as a regular part of the systematic mediated instructional activities of a governmental body or an accredited nonprofit education institution; (2) limit its reception to students officially enrolled in the course for which it is made or officers or employees of governmental bodies as a part of their official duties or employment; and (3) require the transmitting body or institution to take specified actions to promote faculty, student, and staff compliance with copyright law. Requires the transmitting body or institution also, in the case of digital transmission, to: (1) apply technological measures that reasonably prevent retention of the work in accessible form by transmission recipients for longer than the class session, and any unauthorized further dissemination of the work in accessible form by such recipients to others; and (2) refrain from engaging in conduct that could reasonably be expected to interfere with technological measures used by copyright owners to prevent such retention or unauthorized further dissemination.Exempts governmental bodies and accredited nonprofit educational institutions from liability for infringement by reason of the transient or temporary storage of material carried out through the automatic technical process of a digital transmission of the performance or display of that material.Extends the current ephemeral recording exemption, under specified conditions, to copies or phonorecords embodying a performance or display in digital and analog form for use in making transmissions authorized by this Act.Declares that this Act does not authorize the conversion of print or other analog versions of works into digital formats, except that such conversion is permitted only with respect to the amount of such works authorized to be performed or displayed if: (1) no digital version of the work is available to the institution; or (2) such digital version is subject to technological protection measures that prevent its use.Requires the Undersecretary of Commerce for Intellectual Property to report to specified congressional committees on technological protection systems that have been implemented, are available for implementation, or are proposed to be developed to protect digitized copyrighted works and prevent infringement, including upgradeable and self-repairing systems, and systems that have been developed, are being developed, or are proposed to be developed in private voluntary industry-led entities through an open broad based consensus process. | A bill to amend chapter 1 of title 17, United States Code, relating to the exemption of certain performances or displays for educational uses from copyright infringement provisions, to provide that the making of copies or phonorecords of such performances or displays is not an infringement under certain circumstances, and for other purposes. |
SECTION 1. SHORT TITLE, FINDINGS.
(a) Short Title.--This Act may be cited as ``Fire Safe Cigarette
Act of 1998''.
(b) Findings.--The Congress finds that--
(1) cigarette ignited fires are the leading cause of fire
deaths in the United States,
(2) in 1995 there were 1,122 deaths from cigarette ignited
fires, 2,667 civilian injuries from such fires, and $507
million in property damage caused by such fires,
(3) over 100 children are killed each year from cigarette
related fires,
(4) the results accomplished under the Cigarette Safety Act
of 1984 and the Fire Safe Cigarette Act of 1990 complete the
necessary technical work for a cigarette fire safety standard,
(5) it is appropriate for the Congress to require by law
the establishment of a cigarette fire safety standard for the
manufacture and importation of cigarettes,
(6) the most recent study by the Consumer Product Safety
Commission found that the cost of the loss of human life and
personal property from not having a cigarette fire safety
standard is $4,000,000,000 a year, and
(7) it is appropriate that the regulatory expertise of the
Consumer Product Safety Commission be used to implement a
cigarette fire safety standard.
SEC. 2. CIGARETTE FIRE SAFETY STANDARD.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Consumer Product Safety Commission shall by
rule issue a cigarette fire safety standard for cigarettes to reduce
the risk of ignition presented by cigarettes. In establishing the
standard the Commission shall--
(1) consult with the National Institute of Standards and
Technology and make use of its capabilities as it deems
necessary and seek the advice and expertise of other Federal
and State agencies engaged in fire safety, and
(2) take into account the final report to the Congress made
by the Commission and the Technical Advisory Group established
under section 3 of the Fire Safe Cigarette Act of 1990 in which
it was found that cigarettes with a low ignition propensity are
already on the market.
(b) Stockpiling.--The Commission shall include in the rule issued
under subsection (a) a prohibition of stockpiling of cigarettes to
which the standard issued under subsection (a) will not apply. For
purposes of this subsection, the term ``stockpiling'' means the
manufacturing or importing of a cigarette between the date a standard
is issued under subsection (a) and the date the standard is to take
effect at a rate greater than the rate the cigarettes were manufactured
or imported for the one year period ending on the date the standard was
issued.
(c) Procedure.--
(1) In general.--The rule under subsection (a) shall be
issued in accordance with section 553 of title 5, United States
Code.
(2) Other provisions.--Sections 7, 9, and 30(d) of the
Consumer Product Safety Act (15 U.S.C. 2056,2058,2079(d)) do
not apply to the proceedings under this subsection and section
11 of such Act (15 U.S.C. 2060) shall not apply with respect to
any standard issued under such proceedings.
(d) Effective Date.--The Commission shall prescribe the effective
date of the rule issued under subsection (a), except that such date may
not be later than 30 months after the date of the enactment of this
Act.
(e) Judicial Review.--
(1) General rule.--Any person who is adversely affected by
a rule issued under subsection (a) may, at any time before the
60th day after the Commission issues the rule, file a petition
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which such person
resides or has its principal place of business to obtain
judicial review of the rule. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary. The Commission shall file in the court the record of
the proceedings on which the Commission based the rule as
provided in section 2112 of title 28, United States Code.
(2) Additional evidence.--If the petitioner applies to the
court for leave to adduce additional evidence, and shows to the
satisfaction of the court that such additional evidence is
material and that there was no opportunity to adduce such
evidence in the proceeding before the Commission, the court may
order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Commission in a hearing or in
such other manner, and upon such terms and conditions, as the
court deems proper. The Commission may modify the Commission's
findings as to the facts, or make new findings, by reason of
the additional evidence so taken, and the Commission shall file
such modified or new findings, and the Commission's
recommendations, if any, for the modification of the rule.
(3) Court jurisdiction.--Upon the filing of a petition
under paragraph (1), the court shall have jurisdiction to
review the rule of the Commission, as modified, in accordance
with chapter 7 of title 5, United States Code.
SEC. 3. ENFORCEMENT.
(a) Prohibition.--No person--
(1) may manufacture or import a cigarette unless the
cigarette is in compliance with a cigarette fire safety
standard issued under section 2(a); or
(2) shall fail to provide information as required under
this Act.
(b) Penalty.--A violation of subsection (a) shall be considered a
violation of section 19 of the Consumer Product Safety Act.
SEC. 4. PREEMPTION.
(a) In General.--This Act and the cigarette fire safety standard
promulgated under section 2(a) do not preempt or otherwise affect in
any way any law of a State or political subdivision which prescribes a
fire safety standard for cigarettes which is more stringent than the
standard promulgated under section 2(a).
(b) Defenses.--In any civil action for damages compliance with the
fire safety standard promulgated under section 2(a) may not be admitted
as a defense.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term ``Commission'' means the Consumer Product
Safety Commission.
(2) The term ``cigarette'' has the meaning prescribed by
section 3 of the Federal Cigarette Labeling and Advertising
Act. | Fire Safe Cigarette Act of 1998 - Directs the Consumer Product Safety Commission to promulgate within a specified time a fire safety standard for cigarettes, including a prohibition on stockpiling standard-exempt cigarettes. Prohibits the manufacture or import of cigarettes not in compliance with such standard. Authorizes a person adversely affected by such standard to file a petition for judicial review within a specified time period. | Fire Safe Cigarette Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Cigarette Labeling Act of
2006''.
SEC. 2. PROHIBITION ON CLAIMS REGARDING TAR OR NICOTINE YIELD LEVELS OF
CIGARETTES.
(a) Findings.--Congress finds the following:
(1) Cigarette manufacturers (through use of words,
graphics, and color) have sold, distributed, and falsely
marketed brands of cigarettes to consumers as ``light'', ``low-
tar'', ``ultra light'', ``mild'', ``natural'', and ``low-
nicotine'' cigarettes, implying that the cigarettes are less
harmful than other brands of cigarettes.
(2) The National Cancer Institute has found that many
smokers mistakenly believe that cigarettes with the labels
described in paragraph (1) cause fewer health problems than
other cigarettes, and this belief misleads smokers who may
choose these cigarettes as an alternative to not smoking.
(3) The Federal Trade Commission has concluded that
``cigarette tar and nicotine ratings cannot predict the amount
of tar and nicotine [a person] get[s] from any particular
cigarette.''.
(4) Recent studies have demonstrated that there has been no
reduction in risk on a population-wide basis from the
cigarettes described in paragraph (1), and such cigarettes may
actually increase the risk of tobacco use.
(5) The dangers of marketing one brand of cigarettes as
less harmful than another brand of cigarettes when in fact
there are no reduced risks, is a compelling reason for the
Government to ensure statements, claims, or other
representations about cigarettes are truthful and not
deceptive.
(b) Definitions.--In this section:
(1) Health descriptor.--The term ``health descriptor''
includes the words ``light'', ``low'', ``low tar'',
``ultralight'', ``mild'', ``natural'', or any other word, or
any graphic or color, which reasonably could be expected to
result in a consumer believing that smoking such brand may
result in a lower risk of disease or be less hazardous to
health than smoking another brand of cigarette.
(2) Brand.--The term ``brand'' means a variety of tobacco
product distinguished by the type of tobacco used, tar content,
nicotine content, the flavoring used, size, filtration,
packaging, logo, registered trademark or brand name,
identifiable pattern of colors, or any combination thereof.
(3) Cigarette.--The term ``cigarette'' has the meaning
given such term in section 3(1) of the Federal Cigarette
Labeling and Advertising Act (15 U.S.C. 1332(1)), but also
includes tobacco, in any form, that is functional in the
product, which, because of its appearance, the type of tobacco
used in the filler, or its packaging and labeling, is likely to
be offered to, or purchased by, consumers as a cigarette or as
roll-your-own tobacco.
(4) Roll-your-own tobacco.--The term ``roll-your-own
tobacco'' means any tobacco which, because of its appearance,
type, packaging, or labeling, is suitable for use and likely to
be offered to, or purchased by, consumers as tobacco for making
cigarettes.
(c) Prohibition on Use of Health Descriptors and Federal Trade
Commission Testing Method.--
(1) In general.--Notwithstanding any other provision of
law, effective 120 days after the date of the enactment of this
Act, a cigarette manufacturer may not use a health descriptor
on the label or the advertising of any brand of cigarette.
(2) Prohibition on use of federal trade commission testing
method.--Notwithstanding any other provision of law, effective
120 days after the date of the enactment of this Act, a
cigarette manufacturer may not make any claims or any other
representations based on data derived from the cigarette
testing method established by the Federal Trade Commission in
effect on the day before the date of the enactment of this Act.
(3) Enforcement.--
(A) Unfair or deceptive act or practice.--A
violation of the prohibition described in paragraphs
(1) or (2) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(B) Actions by the commission.--The Federal Trade
Commission shall enforce this section in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this section. | Truth in Cigarette Labeling Act of 2006 - Prohibits a cigarette manufacturer from: (1) using a health descriptor (e.g., "light" or "low tar") on the label or the advertising of any brand of cigarette; or (2) making any claims or other representations based on data derived from the cigarette testing method established by the Federal Trade Commission (FTC) before enactment of this Act. Treats any violation as an unfair or deceptive act or practice under the Federal Trade Commission Act. | A bill to prohibit cigarette manufacturers from making claims regarding tar or nicotine yield levels of cigarettes, and for other purposes. |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``Empowerment Zone
and Renewal Community Enhancement Act of 2006''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EXTENSION OF BENEFITS.
(a) Empowerment Zones and Enterprise Communities.--
(1) Rounds i and ii designations.--Subsection (d)(1)(A)(i)
of section 1391 is amended--
(A) by striking ``December 31, 2009'' and inserting
``December 31, 2015'', and
(B) by adding at the end the following new flush
sentence:
``For purposes of section 1396, subparagraph (A) shall be
applied by substituting `December 31, 2009' for `December 31,
2015' in the case of designations made under subsection (a).''.
(2) Round iii designations.--Subsection (h)(2) of section
1391 is amended by striking ``December 31, 2009'' and inserting
``December 31, 2015''.
(b) Renewal Communities.--
(1) Sections 1400E(b) and 1400I(g) are each amended by
striking ``December 31, 2009'' and inserting ``December 31,
2015''.
(2) Sections 1400E(b)(3), 1400F(b), and 1400J(b) are each
amended by striking ``January 1, 2010'' and inserting ``January
1, 2016''.
(3) Section 1400F(d) is amended--
(A) by striking ``December 31, 2010'' and inserting
``December 31, 2016'', and
(B) by striking ``December 31, 2014'' and inserting
``December 31, 2020''.
(4) Section 1400I(d)(2)(A) is amended by striking ``2010''
and inserting ``2016''.
SEC. 3. REVISION OF BENEFITS.
(a) Safe Harbor for Meeting Requirement That 35 Percent of
Employees Be Residents of Zone.--Paragraph (2) of section 1394(b)
(defining enterprise zone facility) is amended by adding at the end the
following new subparagraph:
``(D) Additional safe harbor for meeting
requirement that 35 percent of employees be residents
of zone.--The requirements of subsections (b)(6) and
(c)(7) of section 1397C shall not fail to be treated as
met for any period with respect to a qualified business
if--
``(i) as of the date of issuance of the
issue, it is reasonably expected that within 3
years after such date the business will
increase employment by at least the lesser of--
``(I)(aa) 500 full-time employees
in the case of a business located in a
renewal community or in a rural area
(as defined in section 1393(a)(2)) in
an empowerment zone or enterprise
community, or
``(bb) 1,000 full-time employees in
the case of a business located outside
a rural area (as so defined) in an
empowerment zone or enterprise
community, or
``(II) 10 percent of the number of
full-time employees estimated to have
been employed in such zone or community
on the date of its designation,
``(ii) as of the date of issuance of the
issue, it is reasonably expected that as a
result of the bonds the business will increase
employment by at least one job for each
$150,000 in face amount of the issue,
``(iii) at any time within 3 years after
the date of issuance of the issue, the
requirements of such subsections are met, or
``(iv) the business enters into a binding
agreement with the appropriate local government
employment agency to apply a first source rule
to advertise and prioritize employment
opportunities with such business for qualified
residents of such zone or community.''.
(b) Eligibility of Businesses Developing or Holding Intangibles.--
Paragraph (4) of section 1397C(d) is amended by inserting before the
period ``unless the intangibles are developed within the empowerment
zone''.
(c) Reduced Wage Credit Allowable for Zone Residents Employed
Outside the Zone; Employees Need Not Be Residents of Zone in Which
Employed.--
(1) In general.--Subsection (b) of section 1396 is amended
to read as follows:
``(b) Applicable Percentage.--
``(1) Qualified zone employees who perform substantially
all of their services in an empowerment zone.--The applicable
percentage is 20 percent with respect to qualified zone
employees who would meet the requirement of subsection (d)(1)
if only services performed within an empowerment zone were
taken into account.
``(2) Other qualified zone employees.--
``(A) In general.--The applicable percentage is--
``(i) 20 percent in the case of designated
qualified zone employees of employers which are
enterprise zone businesses, and
``(ii) 10 percent in the case of any other
designated qualified zone employee.
``(B) Limitations on number of designated
employees.--
``(i) In general.--For purposes of
subparagraph (A), the term `designated
qualified zone employee' means a qualified zone
employee--
``(I) to whom paragraph (1) does
not apply, and
``(II) who is designated under this
subparagraph.
``(ii) Manner of designations.--
Designations under this subparagraph shall be
made by the local government or governments
which nominated the area to be an empowerment
zone.
``(iii) Limitation on designations.--The
number of employees for whom a designation
under this subparagraph is in effect at any one
time with respect to each empowerment zone
shall not exceed--
``(I) 500 for purposes of
subparagraph (A)(i), and
``(II) 2,000 for purposes of
subparagraph (A)(ii).''.
(2) Qualified zone employee.--Paragraph (1) of section
1396(d) is amended--
(A) by striking ``within an empowerment zone'' in
subparagraph (A), and
(B) by striking ``such empowerment zone'' in
subparagraph (B) and inserting ``an empowerment zone''.
(d) Carryforward of Unallocated State Commercial Revitalization
Expenditure Ceiling.--Paragraph (1) of section 1400I(d) is amended to
read as follows:
``(1) In general.--The aggregate commercial revitalization
expenditure amount which a commercial revitalization agency may
allocate for any calendar year is the amount equal to the sum
of--
``(A) the amount of the State commercial
revitalization expenditure ceiling determined under
this paragraph for such calendar year for such agency
(determined without regard to subparagraph (B)), and
``(B) the aggregate of the unused State commercial
revitalization expenditure ceilings determined under
this paragraph for such agency for each of the 2
preceding calendar years.
For purposes of subparagraph (B), amounts of expenditure
ceiling shall be treated as allocated by an agency first from
unused amounts for the second preceding calendar year, then
from unused amounts for the 1st preceding calendar year, and
then from amounts from the current year State allocation.''.
(e) Authority to Expand Boundaries of Zones and Communities.--
(1) Empowerment zones and enterprise communities.--Section
1391 is amended by adding at the end the following new
subsection:
``(i) Authority to Expand Boundaries of Designated Areas.--At the
request of all governments which nominated an area as an empowerment
zone or enterprise community, the appropriate Secretary may expand the
area of such zone or community to include 1 or more noncontiguous areas
if such governments establish to the satisfaction of the appropriate
Secretary that such expansion furthers the purposes of the designation
of the initial area as such a zone or community.''.
(2) Renewal communities.--Section 1400E is amended by
adding at the end the following new subsection:
``(h) Authority to Expand Boundaries of Designated Areas.--At the
request of all governments which nominated an area as a renewal
community, the Secretary of Housing and Urban Development may expand
the area of such community to include 1 or more noncontiguous areas if
such governments establish to the satisfaction of such Secretary that
such expansion furthers the purposes of the designation of the initial
area as a renewal community.''.
(f) Modification of Requirement for Expanding Designated Area Based
on 2000 Census.--Clause (ii) of section 1400E(g)(1)(A) is amended to
read as follows:
``(ii) such tract has a poverty rate using
2000 census data--
``(I) which is at least 20 percent,
or
``(II) which exceeds the poverty
rate for such tract using 1990 census
data.''.
(g) Repeal of Exclusion of Central Business District From
Eligibility as Designated Area.--Paragraph (3) of section 1392(a) is
amended by adding ``and'' at the end of subparagraph (B), by striking
``, and'' at the end of subparagraph (C) and inserting a period, and by
striking subparagraph (D).
(h) Carryover of Unused Increased Section 179 Expensing Limit.--
(1) In general.--Subparagraph (A) of section 1397A(a)(1) is
amended to read as follows:
``(A) the sum of--
``(i) $35,000, and
``(ii) the aggregate of the unused
increased limitations for each of the 2
preceding taxable years, or''.
(2) Unused increased limitation.--Section 1392 is amended
by adding at the end the following new subsection:
``(c) Unused Increased Limitation.--For purposes of subsection
(a)(1)(A)--
``(1) In general.--The unused increased limitation for any
taxable year is the excess (but not more than $35,000) of the
limitation under section 179(b)(1) as increased under
subsection (a) over the cost of section 179 property which is
qualified zone property placed in service during the taxable
year.
``(2) Ordering rule.--The limitation under section
179(b)(1) as increased under subsection (a) shall be treated as
used first from unused limitation for the second preceding
calendar year, then from unused limitation for the 1st
preceding calendar year, and then from such limitation for the
current year.''.
(i) Election of Financing Arrangement in Lieu of Tax Benefits.--
Section 1396 is amended by adding at the end the following new
subsection:
``(e) Election of Financing Arrangement in Lieu of Tax Benefits.--
``(1) In general.--At the election of any significant
empowerment zone business, for the payment period of the debt
obligation designated in such election by such business--
``(A) such business--
``(i) shall not be treated as an enterprise
zone business for purposes of section 1396, and
``(ii) shall not be allowed any deduction
for depreciation under section168 with respect
to qualified zone property, and
``(B) the Secretary shall make the payments
described in paragraph (2) to the holder of such debt
obligation.
``(2) Payments.--
``(A) In general.--At the beginning of each year of
the payment period, the Secretary shall pay (out of any
money in the Treasury not otherwise appropriated) to
the holder of the debt obligation designated by such
zone business an amount equal to the value of the tax
benefits under this chapter for such year to which such
zone business would be entitled but for the election
under this subsection.
``(B) Assumptions.--For purposes of valuing tax
benefits under subparagraph (A), the Secretary shall
assume that--
``(i) the business is an enterprise zone
business for purposes of section 1396,
``(ii) all qualified zone property placed
in service by the zone business is a single
property with a recovery period under section
168 of 15 years, and
``(iii) the rate of tax under this chapter
is 25 percent.
``(C) Payment period.--The payment period is the
period of 15 calendar years beginning with the earlier
of--
``(i) the calendar year specified (before
the beginning of such year) by the taxpayer as
the 1st year of the payment period, or
``(ii) the 5th calendar year beginning
after the date that the election under this
subsection is made.
``(3) Significant empowerment zone business.--For purposes
of this subsection, the term `significant empowerment zone
business' means any trade or business operating in an
empowerment zone if--
``(A) such business is nominated by the State or
local government which nominated the area taken into
account under section 1396 to be an empowerment zone,
and
``(B) the Secretary of Housing and Urban
Development determines that it is reasonably
anticipated that such business will increase employment
in such zone during the first 3 years of the payment
period by at least the lesser of--
``(i) 1,000 full-time employees, or
``(ii) 10 percent of the number of full-
time employees estimated to have been employed
in such zone on the date of its designation.''.
(j) Certain Federally Guaranteed Bonds Issued to Provide
Investments in Empowerment Zones and Renewal Communities Permitted to
Be Tax-Exempt, etc.--Subparagraph (A) of section 149(b)(3) 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 a Federal Home Loan
Bank for a bond 95 percent or more of the net
proceeds of which are to be used to provide
property in an empowerment zone or renewal
community.''.
(k) Tax-Exempt Interest of Financial Institutions on Zone Facility
Bonds Not Subject to Interest Disallowance.--Subparagraph (B) of
section 265(b)(3) (defining qualified bond) is amended by adding at the
end the following new clause:
``(iii) Enterprise zone facility bonds.--
The term `qualified tax-exempt obligation'
includes any obligation which is treated as an
exempt facility bond by section 1394.''.
(l) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(m) Reporting.--The Secretary of the Treasury (or the Secretary's
delegate) shall annually submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate
a report detailing for each empowerment zone, enterprise community, and
renewal community the amount and type of claimed tax benefits. | Empowerment Zone and Renewal Community Enhancement Act of 2006 - Amends Internal Revenue Code provisions relating to tax-preferred empowerment zones, enterprise communities, and renewal communities to: (1) extend the period of designation for empowerment zones and renewal communities through 2015; (2) provide a safe harbor standard for employee residency requirements in empowerment zones; (3) eliminate certain residency requirements for the empowerment zone employment tax credit; (4) grant authority to expand the boundaries of empowerment zones and enterprise communities; (5) allow carryovers of unused expensing allowances for enterprise zone businesses; (6) allow certain empowerment zone businesses to elect to receive payments in lieu of tax benefits; and (7) allow federal guarantees and tax exemptions for enterprise zone facility bonds. | To amend the Internal Revenue Code of 1986 to extend and expand the benefits for businesses operating in empowerment zones, enterprise communities, or renewal communities, and for other purposes. |
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Project authorizations.
Sec. 4. Project modifications.
Sec. 5. Cost-sharing of environmental projects.
Sec. 6. Recovery of costs for clean up of hazardous or toxic
substances.
Sec. 7. Collaborative research and development.
Sec. 8. National inventory of dams.
Sec. 9. Hydroelectric power project uprating.
Sec. 10. Engineering and environmental innovations of national
significance.
Sec. 11. Federal lump-sum payments for federal operation and
maintenance costs.
Sec. 12. Cost-sharing for removal of existing project features.
Sec. 13. Technical advisory committee.
Sec. 14. Technical corrections.
Sec. 15. Project deauthorizations.
Sec. 16. Contract goals for small disadvantaged business concerns and
historically black colleges and
universities or minority institutions.
Sec. 17. Cost-sharing for dam safety work.
Sec. 18. Revocation of section 211, River and Harbor Act of 1950.
Sec. 19. Research and development in support of Army Civil Works
Program.
Sec. 20. Interagency and international support authority.
Sec. 21. Expansion of section 1135 program.
Sec. 22. Regulatory program fund.
SEC. 2. DEFINITIONS.
For purposes of this Act, the term ``Secretary'' means the
Secretary of the Army.
SEC. 3. PROJECT AUTHORIZATIONS.
[RESERVED]
SEC. 4. PROJECT MODIFICATIONS.
[RESERVED]
SEC. 5. COST-SHARING OF ENVIRONMENTAL PROJECTS.
Section 103(c) of the Water Resources Development Act of 1986 (100
Stat. 4085) is amended by adding the following new subsection:
``(7) environmental protection and restoration: 25
percent.''.
SEC. 6. RECOVERY OF COSTS FOR CLEAN UP OF HAZARDOUS OR TOXIC
SUBSTANCES.
Amounts recovered under section 107 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9607) for any response action taken by the Secretary in support
of the Army Civil Works Program shall be credited to the appropriate
trust fund account from which the cost of such response action has been
paid or will be charged.
SEC. 7. COLLABORATIVE RESEARCH AND DEVELOPMENT.
Section 7 of the Water Resources Development Act of 1988 (102 Stat.
4022) is amended by--
(1) redesignating subsections (b), (c) and (d) as
paragraphs (1), (2) and (3);
(2) deleting subsection (e); and,
(3) adding the following new subsection:
``(b) Pre-agreement Temporary Protection of Technology.--If the
Secretary determines that information developed as a result of research
and development activities conducted by the Corps of Engineers is
likely to be subject to a cooperative research and development
agreement within 2 years of its development and that such information
would be a trade secret or commercial or financial information that
would be privileged or confidential if the information had been
obtained from a non-Federal party participating in a cooperative
research and development agreement under section 12 of the Stevenson-
Wydler Technology Innovation Act of 1980, the Secretary may provide
appropriate protection against the dissemination of such information,
including exemption from subchapter II of chapter 5 of title 5, United
States Code, until the earlier of the date the Secretary enters into
such an agreement with respect to such information or the last day of
the 2-year period beginning on the date of such determination. Any
information covered by this subsection which becomes the subject of a
cooperative research and development agreement shall be accorded the
protection provided under 15 U.S.C. 3710a(c)(7)(B) as if such
information had been developed under a cooperative research and
development agreement.''.
SEC. 8. NATIONAL INVENTORY OF DAMS.
Section 13 of Public Law 92-367, 33 U.S.C. 467l, is amended by
striking the second sentence in its entirety and replacing it with the
following: ``There is authorized to be appropriated up to $500,000 each
fiscal year for the purpose of carrying out this section.''.
SEC. 9. HYDROELECTRIC POWER PROJECT UPRATING.
(a) In accomplishing the maintenance, rehabilitation, and
modernization of hydroelectric power generating facilities at water
resources projects under the justification of the Department of the
Army, the Secretary is authorized to increase the efficiency of energy
production and the capacity of these facilities if, after consulting
with other appropriate Federal and State agencies, the Secretary
determines that such uprating--
(1) is economically justified and financially feasible;
(2) will not result in significant adverse effects on the
other purposes for which the project is authorized;
(3) will not result in significant adverse environmental
impacts; and
(4) will not involve major structural or operation changes
in the project.
(b) This section does not affect the authority of the Secretary and
the Administrator of the Bonneville Power Administration under section
2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-1).
SEC. 10. ENGINEERING AND ENVIRONMENTAL INNOVATIONS OF NATIONAL
SIGNIFICANCE.
To encourage innovative and environmentally sound engineering
solutions and innovative environmental solutions to problems of
national significance, the Secretary may undertake surveys, plans, and
studies and prepare reports which may lead to work under existing civil
works authorities or to recommendations for authorizations. There is
authorized to be appropriated up to $3,000,000 each fiscal year for the
purpose of carrying out this section. The Secretary may also accept and
expend additional funds from other Federal agencies, States, or non-
Federal entities for purposes of carrying out this section.
SEC. 11. FEDERAL LUMP-SUM PAYMENTS FOR FEDERAL OPERATION AND
MAINTENANCE COSTS.
(a) At a water resources project where the non-Federal interest is
responsible for performing the operation, maintenance, replacement, and
rehabilitation of the project and the Federal Government is responsible
for paying a portion of the operation, maintenance, replacement, and
rehabilitation costs, the Secretary may provide, under terms and
conditions acceptable to the Secretary, a payment of the estimated
total Federal share of such costs to the non-Federal interest after
completion of construction of the project or a separable element
thereof.
(b) The amount to be paid shall be equal to the present value of
the Federal payments over the life of the project, as estimated by the
Government, and shall be computed using an interest rate determined by
the Secretary of the Treasury taking into consideration current market
yields on outstanding marketable obligations of the United States with
maturities comparable to the remaining life of the project.
(c) The Secretary may make a payment under this section only if the
non-Federal interest has entered into a binding agreement with the
Secretary to perform the operation, maintenance, replacement, and
rehabilitation of the project or separable element. The agreement must
be in accordance with the requirements of section 221 of the Flood
Control Act of 1970 (84 Stat. 1818), and must contain provisions
specifying the terms and conditions under which a payment may be made
under this section and the rights of, and remedies available to, the
Federal Government to recover all or a portion of a payment made under
this section in the event the non-Federal interest suspends or
terminates its performance of operation, maintenance, replacement, and
rehabilitation of the project or separable element, or fails to perform
such activities in a manner satisfactory to the Secretary.
(d) Except as provided in subsection (c), a payment provided to the
non-Federal interest under this section shall relieve the Government of
any future obligations for paying any of the operation, maintenance,
replacement, and rehabilitation costs for the project or separable
element.
SEC. 12. COST-SHARING FOR REMOVAL OF EXISTING PROJECT FEATURES.
After the date of enactment of this Act, any proposal submitted to
the Congress by the Secretary for modification of an existing
authorized water resources development project by removal of one or
more of the project features which would significantly and adversely
impact the authorized project purposes or outputs shall include the
recommendation that the non-Federal sponsor shall bear 50 percent of
the cost of any such modification, including the costs of acquiring any
additional interests in lands which become necessary for accomplishing
the modification.
SEC. 13. TECHNICAL ADVISORY COMMITTEE.
The Technical Advisory Committee established pursuant to section
310(a) of Public Law 101-640 shall no longer exist after the date of
enactment of this Act.
SEC. 14. TECHNICAL CORRECTIONS.
(a) Section 203(b) of the Water Resources Development Act of 1992
(106 Stat. 4826) is amended by striking out ``(8662)'' and inserting in
lieu thereof ``(8862)''.
(b) Section 225(c) of the Water Resources Development Act of 1992
(106 Stat. 4838) is amended by striking out ``(8662)'' in the second
sentence and inserting in lieu thereof ``(8862)''.
SEC. 15. PROJECT DEAUTHORIZATIONS.
(a) Section 1001 of the Water Resources Development Act of 1986 as
amended (33 U.S.C. 579a) is further amended by--
(1) striking ``10'' where it appears in the first sentence
of paragraph (2) of subsection (b) and replacing it with ``5'';
(2) striking the word ``Before'' at the beginning of the
second sentence of paragraph (2) of subsection (b) and
replacing it with the words ``Upon official''; and
(3) inserting the words ``planning, designing, or''
immediately before the word ``construction'' in the last
sentence of paragraph (2) of subsection (b).
(b) Section 52(a) of the Water Resources Development Act of 1988
(102 Stat. 4044) is repealed.
SEC. 16. CONTRACT GOALS FOR SMALL DISADVANTAGED BUSINESS CONCERNS AND
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES OR MINORITY
INSTITUTIONS.
(a) Goal.--Except as provided in subsection (c), the Secretary
shall establish a goal of 5 percent of the total amount of civil works
funds obligated for contracts and subcontracts entered into by the
Department of the Army for fiscal years 1994 through 2000 for award to
small business concerns owned and controlled by socially and
economically disadvantaged individuals (as such term is used in section
8(d) of the Small Business Act (15 U.S.C. 637(d)) and regulations under
that section), the majority of the earnings of which directly accrue to
such individuals, and to historically Black colleges and universities
or minority institutions (as defined in paragraphs (3), (4), and (5) of
section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058)).
(b) Competitive Procedure.--To the extent practicable and when
necessary to facilitate achievement of the 5 percent goal in subsection
(a)--
(1) the Secretary is authorized to enter into contracts
using less than full and open competitive procedures, but shall
pay a price not exceeding the fair market cost by more than 10
percent in payment per contract to contractors or
subcontractors of contracts described in subsection (a); and
(2) the Secretary shall maximize the number of small
disadvantaged business concerns, historically Black colleges
and universities, and minority institutions participating in
the program.
(c) Exception.--The Secretary shall adjust the percentage specified
in subsection (b)(1) of this section for any industry category if
available information clearly indicates that nondisadvantaged small
business concerns in such industry category are generally being denied
a reasonable opportunity to compete for contracts because of the use of
that percentage.
(d) Nonapplicability.--Subsection (a) does not apply if--
(1) the Secretary determines that the existence of a
national emergency requires otherwise; and
(2) the Secretary notifies the Congress of such
determination and the reasons therefor.
SEC. 17. COST-SHARING FOR DAM SAFETY WORK.
Section 1203(a)(1) of the Water Resources Development Act of 1986
is amended by inserting the following language immediately after the
first sentence: ``Where cost sharing was not based on a cost
allocation, 15 percent of the modification costs shall be assigned
among project purposes in the same manner as costs were originally
assigned, as determined by the Secretary.''.
SEC. 18. REVOCATION OF SECTION 211, RIVER AND HARBOR ACT OF 1950.
Section 211 of the River and Harbor Act of 1950, Public Law 516,
81st Congress, is hereby repealed.
SEC. 19. RESEARCH AND DEVELOPMENT IN SUPPORT OF ARMY CIVIL WORKERS
PROGRAM.
(a) In carrying out research and development in support of the
Civil Works program of the Department of the Army, the Secretary may
utilize contracts, cooperative research and development agreements,
cooperative agreements, and grants with non-Federal entities, including
State and local governments, colleges and universities, consortia,
professional and technical societies, public and private scientific and
technical foundations, research institutions, educational
organizations, and non-profit organizations.
(b) With respect to contracts for research and development, the
Secretary may include requirements that have potential commercial
application and may also use such potential application as an
evaluation factor where appropriate.
SEC. 20. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
The Secretary may engage in activities in support of other Federal
agencies or international organizations on problems of national
significance to the United States. The Secretary may engage in
activities in support of international organizations only after
consulting with the Department of State. The Secretary may apply the
technical and managerial expertise of the Army Corps of Engineers to
domestic and international problems related to water resources,
infrastructure development and environmental protection. There is
authorized to be appropriated up to $3,000,000 each fiscal year for the
purpose of carrying out this section. The Secretary may also accept and
expend additional funds from other Federal agencies or international
organizations for purposes of carrying out this section.
SEC. 21. EXPANSION OF SECTION 1135 PROGRAM.
Section 1135 of the Water Resources Development Act of 1986 (33
U.S.C. 2309a) is amended by--
(1) striking the period at the end of subsection (a) and
inserting the following: ``and to determine if the operation of
such projects has contributed to the degradation of the quality
of the environment.'';
(2) striking the last two sentences of subsection (b); and,
(3) redesignating subsections (c), (d), and (e) as (e),
(f), and (g) and inserting the following new subsections:
``(c) If the Secretary determines that operation of a water
resources project has contributed to the degradation of the quality of
the environment, the Secretary may also undertake measures for
restoration of environmental quality, provided such measures are
feasible and consistent with the authorized project purposes.
``(d) The non-Federal share of the cost of any modifications or
measures carried out or undertaken pursuant to subsections (b) or (c)
of this section shall be 25 percent. No more than $5,000,000 in Federal
funds may be expended on any single modification or measure carried out
or undertaken pursuant to this section.''.
SEC. 22. REGULATORY PROGRAM FUND.
(a) There is hereby established in the Treasury of the United
States the ``Army Civil Works Regulatory Program Fund'' (hereafter
referred to as the ``Regulatory Program Fund'') into which shall be
deposited fees collected by the Secretary of the Army pursuant to
paragraph (b) of this section. Amounts deposited into the Regulatory
Program Fund are authorized to be appropriated to the Secretary of the
Army to cover a portion of the expenses incurred by the Department of
the Army in administering laws pertaining to the regulation of the
navigable waters of the United States as well as wetlands.
(b) Regulatory Fees.--(1) To the extent provided for in
appropriation Acts, the Secretary of the Army shall establish and
collect fees for the evaluation of commercial permit applications; for
the recovery of costs associated with the preparation of Environmental
Impact Statements required by the National Environmental Policy Act of
1969; and for the recovery of costs associated with wetlands
delineations for major developments affecting wetlands. Amounts
collected pursuant to this paragraph shall be deposited into the
Regulatory Program Fund established by paragraph (a) of this section.
(2) The fees described in paragraph (1) of this subsection shall be
established by the Secretary of the Army at rates that will allow for
the recovery of receipts at amounts as provided for in appropriation
Acts.
S 2233 IS----2
S 2233 IS----3 | Water Resources Development Act of 1994 - Amends the Water Resources Development Act of 1986 to require a 25 percent non-Federal share of the cost of environmental protection and restoration activities under the Act.
(Sec. 6) Requires amounts recovered by the Secretary of the Army for the cleanup of hazardous or toxic substances in support of the Army Civil Works program to be credited to the appropriate trust fund Account from which the cost of taking such action is paid.
(Sec. 7) Amends the Act to provide for the temporary protection of technology developed as a result of research and development (R&D) activities conducted by the Corps of Engineers which is likely to be subject to a cooperative R&D agreement within two years of such development.
(Sec. 8) Amends the National Dam Safety Act to authorize appropriations annually (currently through FY 1992) for continuously maintaining an updated inventory of all dams located in the United States.
(Sec. 9) Authorizes the Secretary, in maintaining hydroelectric power generating facilities at projects under the jurisdiction of the Army, to increase the efficiency of energy production and the capacity of such facilities, if certain conditions are met.
(Sec. 10) Authorizes the Secretary to undertake surveys, plans, and studies and to prepare reports which may lead to work under existing civil works authorities or to recommendations for authorizations. Authorizes appropriations.
(Sec. 11) Authorizes the Secretary to make lump-sum payments to non-Federal sponsors for the Federal share of operation, maintenance, replacement, and rehabilitation costs of civil works projects after completion of construction of the project or a separation element thereof, with conditions.
(Sec. 12) Requires recommendation to the Congress by the Secretary that a non-Federal sponsor bear 50 percent of the cost of any proposed modification of an existing authorized project by removal of a project feature which would significantly and adversely impact the project purpose or output.
(Sec. 13) Amends the Water Resources Development Act of 1990 to terminate the technical advisory committee established to provide to the Secretary and the Corps recommendations on reservoir monitoring and research.
(Sec. 15) Amends the: (1) Act to revise a reporting requirement and to defeat a project deauthorization if funds for planning or design (currently, only construction) have been obligated within a 30-month period; and (2) Water Resources Development Act of 1988 to repeal a five-year limitation on the period during which funds must be obligated to prevent project deauthorization.
(Sec. 16) Directs the Secretary to establish a goal of awarding five percent of the total amount of civil works funds obligated for Army contracts and subcontracts for FY 1994 through 2000 to small business concerns owned and controlled by socially and economically disadvantaged individuals and to historically Black colleges and minority institutions. Outlines procurement procedures.
(Sec. 17) Amends the Act to revise provisions concerning cost-sharing for dam safety work.
(Sec. 18) Repeals a provision of the River and Harbor Act of 1950 providing for expenses of Corps representatives at international engineering or scientific conferences.
(Sec. 19) Authorizes the Secretary to enter into contracts, cooperative agreements, and grants with non-Federal entities for R&D in support of Army civil works programs.
(Sec. 20) Authorizes the Secretary to engage in activities in interagency or international support of problems of national significance to the United States, with conditions. Authorizes appropriations.
(Sec. 21) Amends the Act to allow the Secretary to take appropriate measures if he determines that the operation of a water resource project has contributed to the degradation of the quality of the environment.
(Sec. 22) Establishes in the Treasury the Army Civil Works Regulatory Program Fund for deposit of fees collected for commercial permits, environmental impact statements, and wetlands delineations. Authorizes the appropriation of the funds collected to the Secretary for administrative costs related to regulation of navigable waters and wetlands of the United States. | Water Resources Development Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Sanctuary for Illegals Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Illegal entry of aliens who are members of dangerous
gangs, such as MS-13, into the United States is a direct threat
to the security of the United States.
(2) The continuing rise of illegal immigration increases
the chances that a terrorist will gain entry into the United
States undetected.
(3) The rising cost to taxpayers of the United States to
support housing, health care, education expenses, and criminal
justice for illegal aliens has reached between $11,000,000,000
and $22,000,000,000 per year.
(4) Any attempt to deal with illegal aliens currently
living in the United States must start with the United States
securing its borders.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the worsening crisis of illegal
immigration must be solved.
SEC. 4. BORDER SECURITY.
(a) Full-Time Active-Duty Border Patrol Agents.--In order to
fulfill the requirement under section 5202 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3734) (relating to an increase in the number of positions for full-time
active-duty border patrol agents within the Department of Homeland
Security), and subject to the availability of appropriations for such
purpose, the Secretary of Homeland Security (in this Act referred to as
the ``Secretary'') shall--
(1) increase incentives to recruit individuals to become
such agents by offering such individuals repayment of higher
education loans, not to exceed $6,000 per year and a maximum of
$40,000; and
(2) develop incentives to retain experienced border patrol
agents through the establishment of a retention program.
(b) Deployment of Technology.--In accordance with section 2(a)(1)
of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701
note), the Secretary is authorized to deploy newly developed and
cutting-edge technologies to secure the international land and maritime
borders of the United States.
(c) Construction of Border Fence.--The Secretary shall--
(1) make a priority the construction of the border fencing
required under section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8
U.S.C. 1103 note); and
(2) not later than December 31, 2010, submit to Congress a
report on the progress and expected completion date of such
construction.
SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS.
If an alien who is unlawfully present in the United States is
arrested for any offense by a State or local law enforcement agency,
the head of such agency shall immediately notify United States
Immigration and Customs Enforcement (in this Act referred to as
``ICE'') of such arrest and the identity of such alien.
SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS.
(a) Action by ICE; Expedited Removal.--Upon notification under
section 5, the alien arrested under such section shall be immediately
detained by ICE and presented before an immigration judge (as defined
in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(4))). The name and fingerprints of such alien shall be added to
an appropriate watch list maintained by the Department of Homeland
Security concerning aliens who have been unlawfully present in the
United States, and such immigration judge shall order such alien
immediately removed from the United States without being released from
detention and without further hearing or review in the same manner as
an alien described in section 235(b)(1)(A)(i) of such Act (8 U.S.C.
1225(b)(1)(A)(i)) is subject to immediate removal from the United
States under the provisions of such section.
(b) Permanent Ineligibility for Admission to United States.--
Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate
period of more than 1 year'' and inserting ``for any period of time''.
(c) Criminal Penalties for Subsequent Unlawful Presence.--An alien
who is removed from the United States under subsection (a) and who is
subsequently determined to be unlawfully present in the United States
shall be imprisoned for not more than 5 years and fined in accordance
with section 3571 of title 18, United States Code, and shall be removed
from the United States in accordance with the expedited removal
proceedings described in such subsection after the completion of such
alien's term of imprisonment.
SEC. 7. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED
STATES.
(a) In General.--Section 301 of the Immigration and Nationality Act
(8 U.S.C. 1401) is amended--
(1) by inserting ``(a) In General.--'' before ``The
following'';
(2) by redesignating subsections (a) through (h) as
paragraphs (1) through (8); and
(3) by adding at the end the following:
``(b) Definition.--Acknowledging the right of birthright
citizenship established by section 1 of the 14th Amendment to the
Constitution, a person born in the United States shall be considered
`subject to the jurisdiction' of the United States for purposes of
subsection (a)(1) if the person is born in the United States of
parents, one of whom is--
``(1) a citizen or national of the United States;
``(2) an alien lawfully admitted for permanent residence in
the United States whose residence is in the United States; or
``(3) an alien performing active service in the Armed
Forces (as defined in section 101 of title 10, United States
Code).''.
(b) Applicability.--The amendment made by subsection (a)(3) shall
not be construed to affect the citizenship or nationality status of any
person born before the date of the enactment of this Act.
SEC. 8. PROHIBITION ON DISTRIBUTION OF FEDERAL FUNDS.
(a) In General.--No officer or employee of the Federal Government
may provide Federal funds to any State, or political subdivision of a
State, that is determined by the Secretary to be interfering with
efforts to enforce Federal immigration laws.
(b) Termination of Funding Prohibition.--Subsection (a) shall cease
to be effective with respect to a State or political subdivision denied
funds under such subsection when the Secretary certifies that the State
or political subdivision has entered into an agreement with the
Secretary to cease such interference. | No Sanctuary for Illegals Act - Directs the Secretary of Homeland Security (DHS) to: (1) increase border patrol recruitment incentives by offering a ($40,000 maximum) repayment of higher education loans; and (2) develop border patrol retention incentives through the establishment of a retention program.
Authorizes the Secretary to deploy newly developed technologies to secure U.S. international land and maritime borders.
Directs the Secretary to: (1) prioritize border fence construction; and (2) report to Congress regarding such construction's progress.
Requires that if an alien who is unlawfully present in the United States is arrested for any offense by a state or local law enforcement agency the head of such agency shall immediately notify United States Immigration and Customs Enforcement (ICE) of the arrest and the alien's identity.
Requires that such an arrested alien be detained by ICE and presented before an immigration judge for expedited U.S. removal without release from detention and without further hearing or review. Provides for criminal penalties and expedited removal for such a removed alien who subsequently returns unlawfully to the United States.
Amends the Immigration and Nationality Act (INA) to make inadmissible an alien who has been unlawfully present in the United States for any period of time and who enters or seeks to enter the United States unlawfully. (Current law requires the period of unlawful presence to be more than one year.)
Amends INA to consider a person born in the United States "subject to the jurisdiction" of the United States for citizenship at birth purposes if the person is born in the United States of parents, one of whom is: (1) a U.S. citizen or national; (2) a lawful permanent resident alien whose residence is in the United States; or (3) an alien performing active service in the U.S. Armed Forces.
Prohibits a federal government officer or employee from providing federal funds to any state or political subdivision that is determined to be interfering with efforts to enforce federal immigration laws. Terminates such prohibition when the state or political subdivision enters into an agreement with the Secretary to cease such interference. | To end the cycle of illegal immigration in the United States and withdraw Federal funds from States and political subdivisions of States that interfere with the enforcement of Federal immigration law. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Dependent Care Affordability
Act of 1997''.
SEC. 2. REFUNDABLE FAMILY CARE CREDIT AND INCREASE OF CERTAIN
LIMITATIONS APPLICABLE TO CREDIT.
(a) Refundable Credit and Increase of Amount of Employment-Related
Expenses Taken Into Account and Amount at Which Phase-Down of
Percentage Begins.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 34 the following new section:
``SEC. 34A. EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SERVICES
NECESSARY FOR GAINFUL EMPLOYMENT.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who
maintains a household which includes as a member one or more
qualifying individuals (as defined in subsection (b)(1)), there
shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the applicable
percentage of the employment-related expenses (as defined in
subsection (b)(2)) paid by such individual during the taxable
year.
``(2) Applicable percentage defined.--For purposes of
paragraph (1), the term `applicable percentage' means 30
percent reduced (but not below 20 percent) by 1 percentage
point for each $2,000 (or fraction thereof) by which the
taxpayer's adjusted gross income for the taxable year exceeds
$20,000.
``(b) Definitions of Qualifying Individual and Employment-Related
Expenses.--For purposes of this section--
``(1) Qualifying individual.--The term `qualifying
individual' means--
``(A) a dependent of the taxpayer who is under the
age of 13 and with respect to whom the taxpayer is
entitled to a deduction under section 151(c),
``(B) a dependent of the taxpayer who is physically
or mentally incapable of caring for himself, or
``(C) the spouse of the taxpayer, if he is
physically or mentally incapable of caring for himself.
``(2) Employment-related expenses.--
``(A) In general.--The term `employment-related
expenses' means amounts paid for the following
expenses, but only if such expenses are incurred to
enable the taxpayer to be gainfully employed for any
period for which there are 1 or more qualifying
individuals with respect to the taxpayer:
``(i) expenses for household services, and
``(ii) expenses for the care of a
qualifying individual.
Such term shall not include any amount paid for
services outside the taxpayer's household at a camp
where the qualifying individual stays overnight.
``(B) Exception.--Employment-related expenses
described in subparagraph (A) which are incurred for
services outside the taxpayer's household shall be
taken into account only if incurred for the care of--
``(i) a qualifying individual described in
paragraph (1)(A), or
``(ii) a qualifying individual (not
described in paragraph (1)(A)) who regularly
spends at least 8 hours each day in the
taxpayer's household.
``(C) Dependent care centers.--Employment-related
expenses described in subparagraph (A) which are
incurred for services provided outside the taxpayer's
household by a dependent care center (as defined in
subparagraph (D)) shall be taken into account only if--
``(i) such center complies with all
applicable laws and regulations of a State or
unit of local government, and
``(ii) the requirements of subparagraph (B)
are met.
``(D) Dependent care center defined.--For purposes
of this paragraph, the term `dependent care center'
means any facility which--
``(i) provides care for more than six
individuals (other than individuals who reside
at the facility), and
``(ii) receives a fee, payment, or grant
for providing services for any of the
individuals (regardless of whether such
facility is operated for profit).
``(c) Dollar Limit on Amount Creditable.--The amount of the
employment-related expenses incurred during any taxable year which may
be taken into account under subsection (a) shall not exceed--
``(1) $3,600 if there is 1 qualifying individual with
respect to the taxpayer for such taxable year, or
``(2) $5,400 if there are 2 or more qualifying individuals
with respect to the taxpayer for such taxable year.
The amount determined under paragraph (1) or (2) (whichever is
applicable) shall be reduced by the aggregate amount excludable from
gross income under section 129 for the taxable year.
``(d) Earned Income Limitation.--
``(1) In general.--Except as otherwise provided in this
subsection, the amount of the employment-related expenses
incurred during any taxable year which may be taken into
account under subsection (a) shall not exceed--
``(A) in the case of an individual who is not
married at the close of such year, such individual's
earned income for such year, or
``(B) in the case of an individual who is married
at the close of such year, the lesser of such
individual's earned income or the earned income of his
spouse for such year.
``(2) Special rule for spouse who is a student or incapable
of caring for himself.--In the case of a spouse who is a
student or a qualifying individual described in subsection
(b)(1)(C), for purposes of paragraph (1), such spouse shall be
deemed for each month during which such spouse is a full-time
student at an educational institution, or is such a qualifying
individual, to be gainfully employed and to have earned income
of not less than--
``(A) $200 if subsection (c)(1) applies for the
taxable year, or
``(B) $400 if subsection (c)(2) applies for the
taxable year.
In the case of any husband and wife, this paragraph shall apply
with respect to only one spouse for any one month.
``(e) Special Rules.--For purposes of this section--
``(1) Maintaining household.--An individual shall be
treated as maintaining a household for any period only if over
half the cost of maintaining the household for such period is
furnished by such individual (or, if such individual is married
during such period, is furnished by such individual and his
spouse).
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(3) Marital status.--An individual legally separated from
his spouse under a decree of divorce or of separate maintenance
shall not be considered as married.
``(4) Certain married individuals living apart.--If--
``(A) an individual who is married and who files a
separate return--
``(i) maintains as his home a household
which constitutes for more than one-half of the
taxable year the principal place of abode of a
qualifying individual, and
``(ii) furnishes over half of the cost of
maintaining such household during the taxable
year, and
``(B) during the last 6 months of such taxable year
such individual's spouse is not a member of such
household,
such individual shall not be considered as married.
``(5) Special dependency test in case of divorced parents,
etc.--If--
``(A) paragraph (2) or (4) of section 152(e)
applies to any child with respect to any calendar year,
and
``(B) such child is under the age of 13 or is
physically or mentally incapable of caring for himself,
in the case of any taxable year beginning in such calendar
year, such child shall be treated as a qualifying individual
described in subparagraph (A) or (B) of subsection (b)(1)
(whichever is appropriate) with respect to the custodial parent
(within the meaning of section 152(e)(1)), and shall not be
treated as a qualifying individual with respect to the
noncustodial parent.
``(6) Payments to related individuals.--No credit shall be
allowed under subsection (a) for any amount paid by the
taxpayer to an individual--
``(A) with respect to whom, for the taxable year, a
deduction under section 151(c) (relating to deduction
for personal exemptions for dependents) is allowable
either to the taxpayer or his spouse, or
``(B) who is a child of the taxpayer (within the
meaning of section 151(c)(3)) who has not attained the
age of 19 at the close of the taxable year.
For purposes of this paragraph, the term `taxable year' means
the taxable year of the taxpayer in which the service is
performed.
``(7) Student.--The term `student' means an individual who
during each of 5 calendar months during the taxable year is a
full-time student at an educational organization.
``(8) Educational organization.--The term `educational
organization' means an educational organization described in
section 170(b)(1)(A)(ii).
``(9) Identifying information required with respect to
service provider.--No credit shall be allowed under subsection
(a) for any amount paid to any person unless--
``(A) the name, address, and taxpayer
identification number of such person are included on
the return claiming the credit, or
``(B) if such person is an organization described
in section 501(c)(3) and exempt from tax under section
501(a), the name and address of such person are
included on the return claiming the credit.
In the case of a failure to provide the information required
under the preceding sentence, the preceding sentence shall not
apply if it is shown that the taxpayer exercised due diligence
in attempting to provide the information so required.
``(f) Inapplicability if Adjusted Gross Income Over $50,000
($80,000 for Joint Returns).--No credit shall be allowed under
subsection (a) if the taxpayer's adjusted gross income for the taxable
year exceeds $50,000 ($80,000 in the case of a joint return).
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''
(b) Conforming Amendments.--
(1) Repeal of section 21.--Subpart A of part IV of
subchapter A chapter 1 of such Code (relating to nonrefundable
personal credits) is amended by striking section 21.
(2) Additional conforming amendments.--Each of the
following provisions of such Code is amended by striking
``section 21'' and inserting ``section 34A'':
(A) Section 129(a)(2)(C).
(B) Section 129(b)(2).
(C) Section 129(e)(1).
(D) Section 213(e).
(c) Clerical Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 34 the following new item:
``Sec. 34A. Expenses for household and
dependent care services
necessary for gainful
employment.''
(2) The table of sections for subpart A of part IV of
subchapter A chapter 1 of such Code is amended by striking the
item relating to section 21.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996. | Family Dependent Care Affordability Act of 1997 - Amends the Internal Revenue Code to increase the dependent care credit and make it refundable. | Family Dependent Care Affordability Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities of Color Teen Pregnancy
Prevention Act of 2006''.
SEC. 2. COMMUNITY-BASED INTERVENTION PROGRAMS.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') shall make grants to
public and nonprofit private entities for the purpose of carrying out
projects to prevent teen pregnancies in racial or ethnic minority or
immigrant communities with a substantial incidence or prevalence of
cases of teen pregnancy as compared to the average number of such cases
in communities in the State involved (referred to in this Act as
``eligible communities'').
(b) Requirements Regarding Purpose of Grants.--A grant may be made
under subsection (a) only if, with respect to the expenditure of the
grant to carry out the purpose described in such subsection, the
applicant involved agrees to use one or more of the following
strategies:
(1) Promote effective communication among families about
preventing teen pregnancy, particularly communication among
parents or guardians and their children.
(2) Educate community members about the consequences of
teen pregnancy.
(3) Encourage young people to postpone sexual activity and
prepare for a healthy, successful adulthood.
(4) Provide educational information, including medically
accurate contraceptive information, for young people in such
communities who are already sexually active or are at risk of
becoming sexually active and inform young people in such
communities about the responsibilities and consequences of
being a parent, and how early pregnancy and parenthood can
interfere with educational and other goals.
(c) Utilizing Effective Strategies.--A grant may be made under
subsection (a) only if the applicant involved agrees that, in carrying
out the purpose described in such subsection, the applicant will,
whenever possible, use strategies that have been demonstrated to be
effective, or that incorporate characteristics of effective programs.
(d) Report.--A grant may be made under subsection (a) only if the
applicant involved agrees to submit to the Secretary, in accordance
with the criteria of the Secretary, a report that provides information
on the project under such subsection, including outcomes. The Secretary
shall make such reports available to the public.
(e) Evaluations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary shall, directly or through
contract, provide for evaluations of six projects under subsection (a),
which evaluations--
(1) describe the activities carried out with the grant; and
(2) how such activities increased education and awareness
services relating to the prevention of teen pregnancy.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $40,000,000
for each of the fiscal years 2007 through 2011.
SEC. 3. SCHOOL-BASED PROJECTS.
(a) In General.--The Secretary may make grants to public and
nonprofit private entities for the purpose of establishing and
operating for eligible communities, in association with public
secondary schools for such communities, projects for one or more of the
following:
(1) To carry out activities, including counseling, to
prevent teen pregnancy.
(2) To provide necessary social and cultural support
services regarding teen pregnancy.
(3) To provide health and educational services related to
the prevention of teen pregnancy.
(4) To promote better health and educational outcomes among
pregnant teens.
(5) To provide training for individuals who plan to work in
school-based support programs regarding the prevention of teen
pregnancy.
(b) Priority.--In making grants under subsection (a), the Secretary
shall give priority to providing for projects under such subsection in
eligible communities.
(c) Required Coalition.--A grant may be made under subsection (a)
only if the applicant involved has formed an appropriate coalition of
entities for purposes of carrying out a project under such subsection,
including--
(1) one or more public secondary schools for the eligible
community involved; and
(2) entities to provide the services of the project.
(d) Training.--A grant under subsection (a) may be expended to
train individuals to provide the services described in paragraphs (1)
and (2) of such subsection for the project involved.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $10,000,000
for each of the fiscal years 2007 through 2011.
SEC. 4. MULTIMEDIA CAMPAIGNS.
(a) In General.--The Secretary shall make grants to public and
nonprofit private entities for the purpose of carrying out multimedia
campaigns to provide public education and increase awareness with
respect to the issue of teen pregnancy and related social and emotional
issues.
(b) Priority.--In making grants under subsection (a), the Secretary
shall give priority to campaigns described in such subsection that are
directed toward eligible communities.
(c) Requirements.--A grant may be made under subsection (a) only if
the applicant involved agrees that the multimedia campaign under such
subsection will--
(1) provide information on the prevention of teen
pregnancy;
(2) provide information that identifies organizations in
the communities involved that--
(A) provide health and educational services related
to the prevention of teen pregnancy; and
(B) provide necessary social and cultural support
services; and
(3) coincide with efforts of the National Clearinghouse for
Teen Pregnancy Prevention that are made under section 5(b)(1).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $6,000,000 for
each of the fiscal years 2007 through 2011.
SEC. 5. NATIONAL CLEARINGHOUSE.
(a) In General.--The Secretary shall make grants to a nonprofit
private entity to establish and operate a National Clearinghouse for
Teen Pregnancy Prevention (referred to in this section as the
``Clearinghouse'') for the purposes described in subsection (b).
(b) Purposes of Clearinghouse.--The purposes referred to in
subsection (a) regarding the Clearinghouse are as follows:
(1) To provide information and technical assistance to
States, Indian tribes, local communities, and other public or
private entities to develop content and messages for teens and
adults that address and seek to reduce the rate of teen
pregnancy.
(2) To support parents in their essential role in
preventing teen pregnancy by equipping parents with information
and resources to promote and strengthen communication with
their children about sex, values, and positive relationships,
including healthy relationships.
(c) Requirements for Grantee.--A grant may be made under subsection
(a) only if the applicant involved is an organization that meets the
following conditions:
(1) The organization is a nationally recognized,
nonpartisan organization that focuses exclusively on preventing
teen pregnancy and has at least 10 years of experience in
working with diverse groups to reduce the rate of teen
pregnancy.
(2) The organization has a demonstrated ability to work
with and provide assistance to a broad range of individuals and
entities, including teens; parents; the entertainment and news
media; State, tribal, and local organizations; networks of teen
pregnancy prevention practitioners; businesses; faith and
community leaders; and researchers.
(3) The organization has experience in the use of
culturally competent and linguistically appropriate methods to
address teen pregnancy in eligible communities.
(4) The organization conducts or supports research and has
experience with scientific analyses and evaluations.
(5) The organization has comprehensive knowledge and data
about strategies for the prevention of teen pregnancy.
(6) The organization has experience in carrying out
functions similar to the functions described in subsection (b).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $1,500,000 for
each of the fiscal years 2007 through 2011.
SEC. 6. RESEARCH.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall make grants to public
or nonprofit private entities to conduct, support, and coordinate
research on the prevention of teen pregnancy in eligible communities,
including research on the factors contributing to the disproportionate
rates of teen pregnancy in such communities.
(b) Research.--In carrying out subsection (a), the Secretary shall
support research that--
(1) investigates and determines the incidence and
prevalence of teen pregnancy in communities described in such
subsection;
(2) examines--
(A) the extent of the impact of teen pregnancy on--
(i) the health and well-being of teenagers
in the communities; and
(ii) the scholastic achievement of such
teenagers;
(B) the variance in the rates of teen pregnancy
by--
(i) location (such as inner cities, inner
suburbs, and outer suburbs);
(ii) population subgroup (such as Hispanic,
Asian-Pacific Islander, African-American,
Native American); and
(iii) level of acculturation;
(C) the importance of the physical and social
environment as a factor in placing communities at risk
of increased rates of teen pregnancy; and
(D) the importance of aspirations as a factor
affecting young women's risk of teen pregnancy; and
(3) is used to develop--
(A) measures to address race, ethnicity,
socioeconomic status, environment, and educational
attainment and the relationship to the incidence and
prevalence of teen pregnancy; and
(B) efforts to link the measures to relevant
databases, including health databases.
(c) Priority.--In making grants under subsection (a), the Secretary
shall give priority to research that incorporates--
(1) interdisciplinary approaches; or
(2) a strong emphasis on community-based participatory
research.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $7,500,000 for
each of the fiscal years 2007 through 2011.
SEC. 7. GENERAL REQUIREMENTS.
(a) Medically Accurate Information.--A grant may be made under this
Act only if the applicant involved agrees that all information provided
pursuant to the grant will be age-appropriate, factually and medically
accurate and complete, and scientifically based.
(b) Cultural Context of Services.--A grant may be made under this
Act only if the applicant involved agrees that information, activities,
and services under the grant that are directed toward a particular
population group will be provided in the language and cultural context
that is most appropriate for individuals in such group.
(c) Application for Grant.--A grant may be made under this Act only
if an application for the grant is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary determines to
be necessary to carry out the program involved.
SEC. 8. DEFINITIONS.
For purposes of this Act:
(1) The term ``eligible community'' has the meaning
indicated for such term in section 2(a).
(2) The term ``racial or ethnic minority or immigrant
communities'' means communities with a substantial number of
residents who are members of racial or ethnic minority groups
or who are immigrants.
(3) The term ``Secretary'' has the meaning indicated for
such term in section 2(a). | Communities of Color Teen Pregnancy Prevention Act of 2006 - Requires the Secretary of Health and Human Services to make grants for projects to prevent teen pregnancies in racial, ethnic minority, or immigrant communities with a substantial incidence or prevalence of cases of teen pregnancy as compared to the average number of such cases in communities in the state involved.
Allows the Secretary to make grants to: (1) provide necessary social and cultural support services regarding teen pregnancy; (2) provide health and educational services related to the prevention of teen pregnancy; (3) promote better health and educational outcomes among pregnant teens; (4) provide training for individuals who plan to work in school-based support programs regarding the prevention of teen pregnancy; and (5) provide public education and increase awareness with respect to the issue of teen pregnancy and related social and emotional issues.
Requires the Secretary to make grants to establish and operate a National Clearinghouse for Teen Pregnancy Prevention.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to conduct, support, and coordinate research on the prevention of teen pregnancy in such communities.
Allows a grant to be made under this Act only if the applicant agrees that: (1) all information provided pursuant to the Act will be age-appropriate, factually and medically accurate and complete, and scientifically based; and (2) information, activities, and services under the grant will be provided in the language and cultural context that is most appropriate for individual groups. | To make grants to carry out activities to prevent teen pregnancy in racial or ethnic minority or immigrant communities, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be referred to as ``The Well America Act''.
SEC. 2. WELLNESS TRUST FUND.
(a) Establishment.--There is hereby created on the books of the
Treasury of the United States a trust fund to be known as the
``Wellness Trust Fund''. The Wellness Trust Fund shall consist of such
gifts and bequests as may be made and such amounts as may be deposited
in, or appropriated to, such fund.
(b) There are hereby appropriated to the Trust Fund for each year 4
percent of all health care premiums, as well as 4 percent of all
Federal expenditures on health care for populations served outside of
health care plans.
SEC. 3. WELLNESS PROGRAM.
(a) Wellness Voucher.--The Secretary shall issue to each enrollee
satisfying the conditions of paragraph (b) a wellness voucher card
which may be used for identification, verifying eligibility for
benefits under this section, and processing of payments under this
section to participating wellness providers selected by the enrollee.
The wellness voucher card shall bear an indication of its total value
as computed under paragraph (g), the portion of its value used and the
portion remaining at any time. The wellness voucher card function may
be incorporated into the health security card.
(b) Eligibility.--Those eligible for wellness benefits are:
(1) Any enrollee thirty years of age or older;
(2) Any enrollee under thirty years of age who is certified
by his or her primary care provider as in special need of
wellness benefits as a result of unusual physical
characteristics or conditions; or
(3) Any enrollee under thirty years of age who uses
tobacco, for the purpose of a tobacco-use-cessation program; or
whose cholesterol condition is certified by his primary care
provider to place him or her at high health risk, for the
purpose of a weight-loss, nutrition, or exercise program; or
whose body weight is certified by his primary care physician to
place him or her at high health risk, for the purpose of a
weight-loss, nutrition or exercise program.
(c) Benefits.--Benefits provided under this section are intended to
promote greater health and reduced injury and illness through programs
which increase general health status, or promote healthier lifestyles
by changing health related behaviors, such as hygiene or nutritional
education programs. They are not intended to duplicate or substitute
for therapeutic or rehabilitative services more properly included in
treatments for illnesses, injuries or conditions covered by medical
benefits. In addition to the activities specified in paragraph (b)(3),
States shall periodically determine the range of other services
eligible for reimbursement from wellness voucher funds. Enrollees
eligible under paragraph (b)(2) are eligible only for such benefits
related to the characteristic or condition certified by the primary
care provider.
(d) Enrollee Use.--An eligible enrollee obtains benefits under this
section by presenting the wellness voucher card to a participating
wellness provider in return for covered benefits up to the total value
remaining on the card. Covered benefits costing more than the value
remaining on the card may be purchased, but the enrollee is personally
responsible for the portion of the cost which exceeds the value
remaining on the voucher card.
(e) Participating Providers.--
(1) Wellness providers must be licensed under any
applicable State laws relating to the activities provided. The
States may establish standards for minimum solvency and
insurance (which may include bonding) for participating
providers.
(2) As a condition of participation in the program
established by this section, providers agree to provide a
defined course of covered benefits in return for the payment
made by the Secretary under this section, to provide covered
benefits in return for payment in full by the Secretary from a
portion of the value of the wellness voucher, or to provide
covered benefits to be paid in part by payment from the
Secretary under this section.
(3) As a condition of participation in the program
established by this section, providers must agree to inform the
enrollee's primary care physician of the services rendered and
consult with the primary care physician if requested on any
ongoing course of services.
(4) Each State shall maintain a list of wellness providers
satisfying the requirements of this Act, which it shall make
public and shall transmit to the Secretary, and shall promptly
notify the Secretary of any additions thereto or deletions
therefrom.
(f) Payment.--The Secretary shall establish a mechanism for paying
to participating providers from the Wellness Trust Fund the cost of
covered benefits under this section as they are provided, and as claims
for same are made. In no event shall the Secretary be liable for so
much of claims which individually or in the aggregate exceed the value
of the enrollee's wellness voucher.
(g) Computation of Wellness Voucher Value.--Prior to the beginning
of each year, the Secretary shall project the total income to the
Wellness Trust Fund for the coming year, and shall divide this figure,
less a contingency reserve not to exceed 2 percent, by the number of
enrollees whom the Secretary projects will be eligible for benefits
under this section in that year. The quotient is the value of the
wellness voucher of each eligible enrollee for that year, except that
the Secretary may adjust the value of wellness vouchers relative to
each other to take into consideration differences in the cost of
services among States or alliance service areas. Such process of
adjustment shall not increase the total aggregate value of all wellness
vouchers.
SEC. 4. DEFINITIONS.--
For purposes of this title:
(a) ``Enrollee'' means an individual--
(i) who is entitled to participate in an alliance
or who is provided health benefits through a Federal
health care program outside of an alliance, and
(ii) who is entitled to receive services under this
Act.
(b) ``Primary care providers'' means a primary care
physician with the training and experience to assess and treat
the full range of basic health care needs, and properly
coordinate and refer to others for specialized treatment, or,
if licensed or certified as such under State law, a nurse
practitioner with equivalent training and experience.
(c) ``Provider'' means any person who provides services to
enrollees or to other providers for enrollees within the
meaning of this Act.
(d) ``Participating provider'' means providers who have
agreed to abide by the conditions and requirements of this Act.
(e) ``Secretary'' means the Secretary of the Treasury
unless otherwise specified.
(f) ``Services'' includes goods, such as equipment. | Well America Act - Directs the Secretary of the Treasury to issue a voucher card to each enrollee in the wellness program established by this Act who is: (1) age 30 or older; (2) under age 30 and certified by his or her primary care provider as in special need of wellness benefits resulting from unusual physical characteristics or conditions; or (3) under age 30 and uses tobacco for a tobacco-use-cessation program or whose cholesterol condition or body weight is certified by his or her primary care provider to place the individual at high health risk for the purpose of a weight-loss, nutrition, or exercise program.
Establishes in the Treasury the Wellness Trust Fund from which the cost of covered benefits under this Act and related claims shall be paid to participating providers.
Appropriates to such Fund for each year four percent of all health care premiums and Federal expenditures on health care populations served outside of health care plans. | Well America Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil and Gas Traders Oversight Act of
2006''.
SEC. 2. REPORTING AND RECORDKEEPING FOR POSITIONS INVOLVING ENERGY
COMMODITIES.
(a) In General.--Section 2(h) of the Commodity Exchange Act (7
U.S.C. 2(h)) is amended by adding at the end the following:
``(7) Reporting and recordkeeping for positions involving
energy commodities.--
``(A) Definitions.--In this paragraph:
``(i) Domestic terminal.--The term
`domestic terminal' means a technology,
software, or other means of providing
electronic access within the United States to a
contract, agreement, or transaction traded on a
foreign board of trade.
``(ii) Energy commodity.--The term `energy
commodity' means a commodity or the derivatives
of a commodity that is used primarily as a
source of energy, including--
``(I) coal;
``(II) crude oil;
``(III) gasoline;
``(IV) heating oil;
``(V) diesel fuel;
``(VI) electricity;
``(VII) propane; and
``(VIII) natural gas.
``(iii) Reportable contract.--The term
`reportable contract' means--
``(I) a contract, agreement, or
transaction involving an energy
commodity, executed on an electronic
trading facility, or
``(II) a contract, agreement, or
transaction for future delivery
involving an energy commodity for which
the underlying energy commodity has a
physical delivery point within the
United States and that is executed
through a domestic terminal.
``(B) Record keeping.--The Commission, by rule,
shall require any person holding, maintaining, or
controlling any position in any reportable contract
under this section--
``(i) to maintain such records as directed
by the Commission for a period of 5 years, or
longer, if directed by the Commission; and
``(ii) to provide such records upon request
to the Commission or the Department of Justice.
``(C) Reporting of positions involving energy
commodities.--The Commission shall prescribe rules
requiring such regular or continuous reporting of
positions in a reportable contract in accordance with
such requirements regarding size limits for reportable
positions and the form, timing, and manner of filing
such reports under this paragraph, as the Commission
shall determine.
``(D) Other rules not affected.--
``(i) In general.--Except as provided in
clause (ii), this paragraph does not prohibit
or impair the adoption by any board of trade
licensed, designated, or registered by the
Commission of any bylaw, rule, regulation, or
resolution requiring reports of positions in
any agreement, contract, or transaction made in
connection with a contract of sale for future
delivery of an energy commodity (including such
a contract of sale), including any bylaw, rule,
regulation, or resolution pertaining to filing
or recordkeeping, which may be held by any
person subject to the rules of the board of
trade.
``(ii) Exception.--Any bylaw, rule,
regulation, or resolution established by a
board of trade described in clause (i) shall
not be inconsistent with any requirement
prescribed by the Commission under this
paragraph.
``(E) Contract, agreement, or transaction for
future delivery.--Notwithstanding sections 4(b) and 4a,
the Commission shall subject a contract, agreement, or
transaction for future delivery in an energy commodity
to the requirements established by this paragraph.''.
(b) Conforming Amendments.--Section 4a(e) of the Commodity Exchange
Act (7 U.S.C. 6a(e)) is amended--
(1) in the first sentence--
(A) by inserting ``or by an electronic trading
facility operating in reliance on section 2(h)(3)''
after ``registered by the Commission''; and
(B) by inserting ``electronic trading facility,''
before ``or such board of trade''; and
(2) in the second sentence, by inserting ``or by an
electronic trading facility operating in reliance on section
2(h)(3)'' after ``registered by the Commission''. | Oil and Gas Traders Oversight Act of 2006 - Amends the Commodity Exchange Act to prescribe reporting and recordkeeping requirements for positions involving energy commodities (a commodity or the derivatives of a commodity used primarily as a source of energy).
Directs the Commodity Futures Trading Commission to subject to the requirements of this Act a contract, agreement, or transaction for future delivery in an energy commodity. | To amend the Commodity Exchange Act to add a provision relating to reporting and recordkeeping for positions involving energy commodities. |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Mercy Ships was founded in 1978 and has worked in more
than 70 countries, providing services valued at more than $1.3
billion, treating more than 2.56 million direct beneficiaries.
(2) Mercy Ships owns and operates the world's largest
private hospital ship, the Africa Mercy that has five state-of-
the-art operating rooms and ward bed space for 82 patients.
(3) Mercy Ships vessels are staffed by professional
volunteer crew including surgeons, nurses, doctors, dentists,
cooks, engineers, agriculturalists, teachers, and others.
(4) Mercy Ships has performed more than 82,000 life-
changing or life-saving operations such as cleft lip and palate
repair, cataract removal, orthopedic procedures, facial
reconstruction, obstetric fistula repair, and tumor removal.
(5) Mercy Ships has treated over 147,000 dental patients
including over 390,000 dental procedures.
(6) Mercy Ships has trained more than 5,900 local
professionals (including surgeons) who have in turn trained
many others.
(7) Mercy Ships has trained over 38,100 local professionals
in their area of expertise including anesthesiology, midwifery,
sterilization, orthopedic and reconstructive surgery, and
leadership, thereby increasing medical capacity in the host
nation.
(8) Mercy Ships has taught over 198,000 local people in
basic health care.
(9) Mercy Ships has completed over 1,100 infrastructure
development projects focusing on water and sanitation
education, agriculture and construction projects which improve
local health care delivery systems.
(10) Annually, Mercy Ships has over 1,600 volunteers who
help in locations around the world, 900 of which serve in
Africa. At any given time, there are more than 400 crew from 40
nations onboard the Africa Mercy.
(11) The Africa Mercy alone has had over 4,900 crew from 74
countries serve onboard since its inception in 2007. In
addition, more than 950 local Day Workers from 12 different
countries have served alongside since it first docked in
Africa.
(12) Mercy Ships has served some of the world's poorest
populations and completed over 589 port visits in 55 developing
nations and 18 developed nations for a total of 73 nations
including: Australia, Bahamas, Benin, Belgium, Belize, Brazil,
Canada, China, Congo Brazzaville, Columbia, Cuba, Denmark,
Dominican Republic, El Salvador, Estonia, Faroe Islands, Fiji,
France, Gabon, The Gambia, Germany, Ghana, Greece, Grenada,
Guatemala, Guinea (West Africa), Guinea-Bissau, Guyana, Haiti,
Honduras, Italy, Ivory Coast, Jamaica, Korea, Latvia, Liberia,
Lithuania, Madagascar, Malta, Mexico, Montserrat, The
Netherlands, New Caledonia, New Zealand, Nicaragua, Norway,
Panama, Papua New Guinea, Philippines, Poland, Russia, Samoa,
Senegal, Sierra Leone, Solomon Islands, South Africa, Spain,
St. Eustatius (NL), St. Kitts, St. Thomas, St. Vincent, Sweden,
Tahiti, Togo, Tonga, Trinidad, the United Kingdom, the United
States, and Vanuatu.
(13) Through the years, Mercy Ships has had four hospital
ships that have served in some of the poorest ports in the
world. Those include:
(A) The 16,500-ton Africa Mercy is the world's
largest nongovernmental hospital ship and is dedicated
to the continent of Africa.
(B) The 522-foot Anastasis was the flag ship, and
completed her first relief mission in 1982 to
Guatemala. Her crew of 400 worked in Africa until she
was decommissioned in 2007.
(C) Acquired in 1994, the 265-foot Caribbean Mercy
with her crew of 150 focused on the Caribbean basin and
Central America with its Eye Surgery Unit. The ship was
sold in 2006.
(D) Donated in 1983, the 172-foot Good Samaritan
served the Caribbean, Central and South America for 11
years with a crew of 60. Renamed the Island Mercy, she
was redeployed to the South Pacific in 1994 and served
there until sold in 2001.
(E) Mercy Ships is currently building a new
hospital ship to serve Africa's most needy for the next
50 years with delivery expected in 2018. The new
vessel, larger than the Africa Mercy, will assume the
title of world's largest private hospital ship with
increased capacity building and a focus on healthcare
training. It will also further the commitment of Mercy
Ships to provide and promote through teaching, safe
surgery globally as demonstrated by their membership in
the G4 Alliance.
(14) Mercy Ships has hosted Presidents and other heads of
state from many nations around the world onboard their hospital
ships who commended the free health care provided to their
people.
(15) Mercy Ships has been endorsed by President Nelson
Mandela, President George Bush, Desmund Tutu, President Ellen
Johnson Sirleaf, Sir John Major, President Dr. Ernest Bai
Koroma, Tony Blair, President Jimmy Carter and First Lady Mary
Flake de Flores.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design to Don Stephens, President and
Founder of Mercy Ships.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Don Stephens, President and Founder of Mercy Ships. | To award a Congressional Gold Medal to Don Stephens, President and Founder of Mercy Ships, in recognition of his 38 years of service as the leader of a humanitarian relief organization that exemplifies the compassionate character of America. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Protection Agency
Office of Research and Development and Science Advisory Board
Authorization Act of 1999''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Agency;
(2) the term ``Agency'' means the Environmental Protection
Agency; and
(3) the term ``Assistant Administrator'' means the
Assistant Administrator for Research and Development of the
Agency.
SEC. 3. OFFICE OF RESEARCH AND DEVELOPMENT.
(a) In General.--There are authorized to be appropriated to the
Administrator for the Office of Research and Development for
environmental research and development and scientific research,
development, and demonstration programs for which specific sums are not
authorized under other authority of law $504,022,100 for fiscal year
2000 and $519,940,600 for fiscal year 2001, to remain available until
expended, of which $2,000,000 for fiscal year 2000 and $2,000,000 for
fiscal year 2001 shall be for the Mickey Leland Urban Air Toxics
Research Center, and of which $5,000,000 for fiscal year 2000 and
$5,000,000 for fiscal year 2001 shall be for the Gulf Coast Hazardous
Substance Research Center.
(b) Limitation.--None of the amounts authorized under subsection
(a) may be obligated until 30 days after the Administrator submits to
the Committee on Science and the Committee on Appropriations of the
House of Representatives, and the Committee on Environment and Public
Works and the Committee on Appropriations of the Senate, a report
detailing, for fiscal year 2000 and each of the 2 previous fiscal
years, for all Office of Research and Development environmental
research and development and scientific research, development, and
demonstration programs, projects and activities, by appropriation goal
and objectives--
(1) a description of, and funding requested or allocated
for, each such program, project and activity;
(2) an identification of all recipients of funds to conduct
such programs, projects and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
(c) Exclusion.--In the computation of the 30-day period described
in subsection (b), there shall be excluded any day on which either
House of Congress is not in session because of an adjournment of more
than 3 days to a day certain.
SEC. 4. SCIENTIFIC RESEARCH REVIEW.
(a) In General.--The Administrator shall assign to the Assistant
Administrator the duties of--
(1) developing a strategic plan for environmental research
and development and scientific research, development, and
demonstration programs throughout the Agency;
(2) integrating that strategic plan into ongoing Agency
environmental research and development and scientific research,
development, and demonstration planning activities; and
(3) reviewing all Agency environmental research and
development and scientific research, development, and
demonstration programs to ensure the research, development, and
demonstration--
(A) is of high quality; and
(B) does not duplicate any other environmental
research and development and scientific research,
development, and demonstration programs being conducted
by the Agency.
(b) Report.--The Assistant Administrator shall transmit annually to
the Administrator and to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate, a report detailing--
(1) all Agency environmental research and development and
scientific research, development, and demonstration programs
the Assistant Administrator finds is not of sufficiently high
quality; and
(2) all Agency environmental research and development and
scientific research, development, and demonstration programs
the Assistant Administrator finds duplicate other Agency
environmental research and development and scientific research,
development, and demonstration programs.
SEC. 5. SCIENCE TO ACHIEVE RESULTS (STAR) GRADUATE STUDENT FELLOWSHIP
PROGRAM.
In carrying out the Science To Achieve Results (STAR) Graduate
Student Fellowship Program, the Administrator shall ensure that any
fellowship award to a student selected after the date of the enactment
of this Act is used only to support scientific research that would
further missions of the Office of Research and Development.
SEC. 6. SCIENCE ADVISORY BOARD.
(a) Annual Report.--The Science Advisory Board shall submit to
Congress and to the Administrator an annual report that contains the
views of the Science Advisory Board on proposed environmental research
and development and scientific research, development, and demonstration
programs as described in the Agency's budget. Such report shall be
submitted to Congress as soon as practicable after the submission of
the Agency's budget to Congress. The Administrator shall cooperate with
the Chairperson of the Science Advisory Board, particularly with
respect to the timely provision of budget information to the Science
Advisory Board, to allow the Science Advisory Board to carry out its
duties under this subsection.
(b) Evaluation.--The Science Advisory Board shall conduct periodic
evaluations of selected areas of the current and planned environmental
research and development and scientific research, development, and
demonstration programs of the Agency. The areas of evaluation shall be
selected by the Administrator, in consultation with the Science
Advisory Board, the Office of Research and Development, and other
Agency programs, or by the appropriate committees of the Congress in
consultation with the Science Advisory Board. Reports containing the
Science Advisory Board's evaluations and recommendations shall be filed
with such committees and the Administrator. The Administrator shall
provide to such committees a written response to the Science Advisory
Board's evaluation and recommendations within 60 days after the Science
Advisory Board's report has been submitted.
(c) Submission to Congress.--The Administrator shall submit to the
Congress any report required by law to be submitted to the
Administrator by the Science Advisory Board. The Administrator shall
make any such submission not later than 60 days after the Administrator
receives the report from the Science Advisory Board.
(d) Authorization.--There are authorized to be appropriated to the
Administrator $2,636,200 for fiscal year 2000 and $2,768,000 for fiscal
year 2001 for activities of the Science Advisory Board.
SEC. 7. NOTICE.
(a) Reprogramming.--The Administrator may use for any authorized
activities of the Office of Research and Development or the Science
Advisory Board under this Act--
(1) up to the lesser of $250,000 or 5 percent of the total
funding for a fiscal year of an environmental research or
development or scientific research, development, or
demonstration program, project or activity of the Office of
Research and Development or the Science Advisory Board; or
(2) after the expiration of 60 days after transmitting to
the Committee on Science and the Committee on Appropriations of
the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate, a report described in subsection
(b), up to 25 percent of the total funding for a fiscal year of
an environmental research or development or scientific
research, development, or demonstration program, project or
activity of the Office of Research and Development or the
Science Advisory Board.
(b) Report.--(1) The report referred to in subsection (a)(2) is a
report containing a full and complete statement of the action proposed
to be taken and the facts and circumstances relied upon in support of
such proposed action.
(2) In the computation of the 60-day period under subsection
(a)(2), there shall be excluded any day on which either House of
Congress is not in session because of an adjournment of more than 3
days to a day certain.
(c) Limitations.--In no event may funds be used pursuant to
subsection (a) for an environmental research or development or
scientific research, development, or demonstration program, project or
activity for which funding has been requested to the Congress but which
has not been funded by the Congress.
(d) Annual Operating Plan.--The Administrator shall provide
simultaneously to the Committee on Science and the Committee on
Appropriations of the House of Representatives, and to the Committee on
Environment and Public Works and the Committee on Appropriations of the
Senate, any annual operating plan or other operational funding
document, including any additions or amendments thereto, provided to
any committee of Congress.
(e) Copy of Reports.--In addition to the documents required under
subsection (d), the Administrator shall provide copies simultaneously
to the Committee on Science and the Committee on Appropriations of the
House of Representatives, and to the Committee on Environment and
Public Works and the Committee on Appropriations of the Senate, of any
report relating to the environmental research or development or
scientific research, development, or demonstration programs, projects
or activities of the Office of Research and Development or the Science
Advisory Board prepared at the direction of any committee of Congress.
(f) Notice of Reorganization.--The Administrator shall provide
notice to the Committee on Science and the Committee on Appropriations
of the House of Representatives, and to the Committee on Environment
and Public Works and the Committee on Appropriations of the Senate, not
later than 15 days before any major reorganization of any environmental
research or development or scientific research, development, or
demonstration program, project or activity of the Office of Research
and Development or the Science Advisory Board.
SEC. 8. BUDGET REQUEST FORMAT.
The Administrator shall provide to the Congress, to be transmitted
at the same time as the Agency's annual budget request submission, a
detailed justification for budget authorization for the programs,
projects and activities for which funds are authorized by this Act.
Each such document shall include, for the fiscal year for which funding
is being requested and for the 2 previous fiscal years--
(1) a description of, and funding requested or allocated
for, each such program, project and activity;
(2) an identification of all recipients of funds to conduct
such programs, projects and activities; and
(3) an estimate of the amounts to be expended by each
recipient of funds identified under paragraph (2).
The document required by this section shall be presented in the format
employed by, and with the level of detail included in, the document
entitled ``Department of Energy FY 2000 Congressional Budget Request,
DOE/CR-0062, Volume 3'', dated February 1999.
SEC. 9. LIMITS ON USE OF FUNDS.
(a) Travel.--Not more than 1 percent of the funds authorized by
this Act may be used either directly or indirectly to fund travel costs
of the Agency or travel costs for persons awarded contracts or
subcontracts by the Agency. As part of the Agency's annual budget
request submission to the Congress, the Administrator shall submit a
report to the Committee on Science and the Committee on Appropriations
of the House of Representatives, and to the Committee on Environment
and Public Works and the Committee on Appropriations of the Senate,
that identifies--
(1) the estimated amount of travel costs by the Agency and
for persons awarded contracts or subcontracts by the Agency for
the fiscal year of such budget submission, as well as for the 2
previous fiscal years;
(2) the major purposes for such travel; and
(3) the sources of funds for such travel.
(b) Trade Associations.--No funds authorized by this Act may be
used either directly or indirectly to fund a grant, contract,
subcontract, or any other form of financial assistance awarded by the
Agency to a trade association on a noncompetitive basis. As part of the
Agency's annual budget request submission to the Congress, the
Administrator shall submit a report to the Committee on Science and the
Committee on Appropriations of the House of Representatives, and to the
Committee on Environment and Public Works and the Committee on
Appropriations of the Senate, that identifies--
(1) the estimated amount of funds provided by the Agency to
trade associations, by trade association, for the fiscal year
of such budget submission, as well as for the 2 previous fiscal
years;
(2) the services either provided or to be provided by each
such trade association; and
(3) the sources of funds for services provided by each such
trade association.
(c) Kyoto Protocol.--None of the funds authorized by this Act may
be used to propose or issue rules, regulations, decrees, or orders for
the purpose of implementation, or in preparation for implementation, of
the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto,
Japan, at the Third Conference of the Parties to the United Nations
Framework Convention on Climate Change, which has not been submitted to
the Senate for advice and consent to ratification pursuant to article
II, section 2, clause 2 of the United States Constitution, and which
has not entered into force pursuant to article 25 of the Protocol.
(d) Environmental Research, Development, and Demonstration
Project.--Of the amounts authorized under section 3(a), $1,000,000 for
fiscal year 2000 shall be for a field-scale environmental research and
development project at an existing site for remediation of soils
contaminated by recalcitrant hydrocarbon and lead contaminants using
technologies and processes capable of homogenizing soil while injecting
both oxidizers and catalysts to the degree necessary for chemical
oxidation to occur and that renders lead contaminants essentially
inert.
SEC. 10. LIMITATION ON DEMONSTRATIONS.
The Agency shall provide funding for scientific demonstration
projects of the Office of Research and Development or the Science
Advisory Board only for technologies or processes that can be
reasonably expected to yield new, measurable benefits to the cost,
efficiency, or performance of the technology or process.
SEC. 11. FEDERAL ACQUISITION REGULATION.
(a) Requirement.--None of the funds authorized to be appropriated
by this Act may be used to award, amend, or modify a contract of the
Office of Research and Development or the Science Advisory Board in a
manner that deviates from the Federal Acquisition Regulation, unless
the Administrator grants, on a case-by-case basis, a waiver to allow
for such a deviation. The Administrator may not delegate the authority
to grant such a waiver.
(b) Congressional Notice.--At least 60 days before a contract
award, amendment, or modification for which the Administrator intends
to grant such a waiver, the Administrator shall submit to the Committee
on Science and the Committee on Appropriations of the House of
Representatives, and to the Committee on Environment and Public Works
and the Committee on Appropriations of the Senate, a report notifying
the committees of the waiver and setting forth the reasons for the
waiver.
SEC. 12. REQUESTS FOR PROPOSALS.
None of the funds authorized to be appropriated by this Act may be
used by the Agency to prepare or initiate Requests for Proposals (RFPs)
for a program, project or activity if the program, project or activity
has not been specifically authorized by Congress.
SEC. 13. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES.
None of the funds authorized to be appropriated by this Act may be
used by any program, project or activity of the Office of Research and
Development or the Science Advisory Board to produce or provide
articles or services for the purpose of selling the articles or
services to a person outside the Federal Government, unless the
Administrator determines that comparable articles or services are not
available from a commercial source in the United States.
SEC. 14. ELIGIBILITY FOR AWARDS.
(a) In General.--The Administrator shall exclude from consideration
for grant agreements made after fiscal year 1999 by the Office of
Research and Development or the Science Advisory Board, under the
programs, projects and activities for which funds are authorized under
this Act, any person who received funds, other than those described in
subsection (b), appropriated for a fiscal year after fiscal year 1999,
under a grant agreement from any Federal funding source for a project
that was not subjected to a competitive, merit-based award process,
except as specifically authorized by this Act. Any exclusion from
consideration pursuant to this section shall be effective for a period
of 5 years after the person receives such Federal funds.
(b) Exception.--Subsection (a) shall not apply to the receipt of
Federal funds by a person due to the membership of that person in a
class specified by law for which assistance is awarded to members of
the class according to a formula provided by law or under circumstances
permitting other than full and open competition under the Federal
Acquisition Regulation.
(c) Definition.--For purposes of this section, the term ``grant
agreement'' means a legal instrument whose principal purpose is to
transfer a thing of value to the recipient to carry out a public
purpose of support or stimulation authorized by a law of the United
States, and does not include the acquisition (by purchase, lease, or
barter) of property or services for the direct benefit or use of the
United States Government. Such term does not include a cooperative
agreement (as such term is used in section 6305 of title 31, United
States Code) or a cooperative research and development agreement (as
such term is defined in section 12(d)(1) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))).
SEC. 15. INTERNET AVAILABILITY OF INFORMATION.
The Administrator shall make available through the Internet home
page of the Environmental Protection Agency the abstracts relating to
all research grants and awards made with funds authorized by this Act.
Nothing in this section shall be construed to require or permit the
release of any information prohibited by law or regulation from being
released to the public.
Amend the title to read as follows: ``A bill to authorize
appropriations for fiscal years 2000 and 2001 for the
environmental research and development and scientific research,
development, and demonstration programs of the Office of
Research and Development and Science Advisory Board of the
Environmental Protection Agency, and for other purposes.''. | (Sec. 4) Requires the Administrator to assign to the Assistant Administrator for Research and Development the duties of: (1) developing a strategic plan for environmental research and development and scientific research, development, and demonstration programs throughout EPA; (2) integrating such plan into ongoing EPA planning activities; and (3) reviewing such programs to ensure that the research, development, and demonstration is of high quality and does not duplicate other EPA programs. Directs the Assistant Administrator to submit an annual report to the Administrator and specified congressional committees detailing such EPA programs found not to be of high quality and those that are duplicative of other programs.
(Sec. 5) Requires the Administrator, in carrying out the Science To Achieve Results Graduate Student Fellowship Program, to ensure that any fellowship award is used only to support scientific research that would further missions of the Office.
(Sec. 6) Directs the Science Advisory Board (Board) to report annually to the Administrator and Congress its views on proposed EPA environmental research and development and scientific research, development, and demonstration programs. Provides for periodic Board evaluations of selected areas of such programs.
Authorizes appropriations for FY 2000 and 2001 for the Board.
(Sec. 7) Sets forth provisions regarding reprogramming and limitations on funds as well as certain reporting requirements. Requires notice to specified congressional committees before any major reorganization of any Office or Board program or activity described by this Act.
(Sec. 8) Sets forth requirements for the submission of a detailed justification for budget authorization for the programs and activities authorized by this Act.
(Sec. 9) Limits the use of funds authorized by this Act for travel costs.
Bars the use of funds authorized by this Act for: (1) grants or contracts awarded by EPA to a trade association on a noncompetitive basis; or (2) implementation of the Kyoto Protocol if it has not been submitted to the Senate for ratification and entered into force.
Earmarks specified funds for FY 2000 for a field scale environmental research and development project at an existing site for remediation of soils contaminated by recalcitrant hydrocarbon and lead contaminants using specified technologies capable of homogenizing soil and rendering such contaminants inert.
(Sec. 10) Permits funding for Office or Board scientific demonstration projects only for technologies or processes that can be reasonably expected to yield new, measurable benefits to the cost, efficiency, or performance of the technology or process.
(Sec. 11) Prohibits the use of funds authorized by this Act to award or modify an Office or Board contract in a manner that deviates from the Federal Acquisition Regulation unless the Administrator grants a waiver to allow for such deviation.
(Sec. 12) Prohibits the use of funds authorized to be appropriated by this Act by: (1) EPA to prepare or initiate Requests for Proposals for programs under this Act not specifically authorized by Congress; and (2) Office or Board programs under this Act to produce or provide articles or services for purposes of selling them to a person outside the Federal Government unless the Administrator determines that such articles or services are not available from a U.S. commercial source.
(Sec. 14) Excludes from consideration for grant agreements for programs described by this Act made by the Office or the Board after FY 1999 any person who received funds appropriated for a fiscal year after FY 1999 under a grant agreement from any Federal funding source for a program that was not subjected to a competitive, merit-based award process. Makes such exclusions effective for a period of five years after the person receives such Federal funds.
(Sec. 15) Requires the Administrator to make available through the EPA Internet home page the abstracts relating to all research grants and awards made with funds authorized by this Act. | Environmental Protection Agency Office of Research and Development and Science Advisory Board Authorization Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build America Bonds Act of 2012''.
SEC. 2. BUILD AMERICA BONDS MADE PERMANENT.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or during a
period beginning on or after the date of the enactment of the Build
America Bonds Act of 2012,'' after ``January 1, 2011,''.
(b) Reduction in Credit Percentage to Bondholders.--Subsection (b)
of section 54AA of such Code is amended to read as follows:
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any interest payment date
for a build America bond is the applicable percentage of the
amount of interest payable by the issuer with respect to such
date.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined under the
following table:
``In the case of a bond issued The applicable
during calendar year: percentage is:
2009 or 2010........................................... 35
2012................................................... 32
2013................................................... 31
2014................................................... 30
2015................................................... 29
2016 and thereafter.................................... 28.''.
(c) Extension of Payments to Issuers.--
(1) In general.--Section 6431 of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Build America
Bonds Act of 2012,'' after ``January 1, 2011,'' in
subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Build America
Bonds Act of 2012,'' after ``January 1, 2011,'', and
(B) by striking ``qualified Bonds Issued Before
2011'' in the heading and inserting ``certain Qualified
Bonds''.
(d) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
``In the case of a qualified bond The applicable
issued during calendar year: percentage is:
2009 or 2010........................................... 35
2012................................................... 32
2013................................................... 31
2014................................................... 30
2015................................................... 29
2016 and thereafter.................................... 28.''.
(e) Current Refundings Permitted.--Subsection (g) of section 54AA
of such Code is amended by adding at the end the following new
paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section 147(b)(2)(A).
``(D) Issuance restriction not applicable.--
Subsection (d)(1)(B) shall not apply to a refunding
bond referred to in subparagraph (A).''.
(f) Clarification Related to Levees and Flood Control Projects.--
Subparagraph (A) of section 54AA(g)(2) of such Code is amended by
inserting ``(including capital expenditures for levees and other flood
control projects)'' after ``capital expenditures''.
(g) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act.
SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) Denial of Deduction.--Paragraph (4) of section 199(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(E) Special rule for certain oil and gas
income.--In the case of any taxpayer who is a major
integrated oil company (as defined in section
167(h)(5)(B)) for the taxable year, the term `domestic
production gross receipts' shall not include gross
receipts from the production, refining, processing,
transportation, or distribution of oil, gas, or any
primary product (within the meaning of subsection
(d)(9)) thereof.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years ending after the date of the enactment of this Act. | Build America Bonds Act of 2012 - Amends the Internal Revenue Code to: (1) make permanent the issuance authority for Build America Bonds and the authority for payments to issuers of such bonds; (2) make phased reductions in the credit percentage to bondholders and the percentage of payments to issuers of such bonds; (3) allow refundings of currently issued bonds; (4) allow the use of Build America bonds to fund capital expenditures for levees and flood control projects; and (5) deny a tax deduction to major integrated oil companies for income attributable to the production, refining, processing, transportation, or distribution of oil, gas, or any primary product thereof. | To amend the Internal Revenue Code of 1986 to permanently extend the tax treatment for certain build America bonds, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Budget Integrity Act''.
SEC. 2. LONG-TERM COST ANALYSES OF LEGISLATION BY CBO.
Section 402 of the Congressional Budget Act of 1974 is amended by
inserting ``(a) Cost Estimates.--'' after ``Sec. 402.'' and by adding
at the end the following new subsections:
``(b) Long-Term Cost Estimates.--(1) Whenever the Director of the
Congressional Budget Office prepares an analysis of the costs of a bill
or joint resolution under subsection (a), and upon the request of the
chair or ranking minority member of the Committee on the Budget of the
House of Representatives or the Senate, the Director shall prepare and
submit to such committee the information requested under paragraphs
(1), (2), and (3) of subsection (a) for any such bill or joint
resolution that would have a significant fiscal impact, except that
such information shall be for, if practicable, at least each of the
next two ten-fiscal-year periods beginning with the first fiscal year
after the last fiscal year for which an analysis was prepared under
subsection (a).
``(2) As used in paragraph (1) and in subsection (c), the term
`significant fiscal impact', when applied to either of the two ten-
fiscal-year periods referred to in that paragraph, means any gross
budgetary impact of at least 0.25 percent of gross domestic product.''.
SEC. 3. POINT OF ORDER AGAINST LEGISLATION INCREASING LONG-TERM
DEFICITS.
(a) Point of Order.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, motion, or conference report that would cause a net increase
in on-budget deficits in excess of $5,000,000,000 in any of the two
consecutive 10-fiscal-year periods described in section 402(b) of the
Congressional Budget Act of 1974.
(b) Supermajority Waiver and Appeal in the Senate.--
(1) Waiver.--This section may be waived or suspended only
by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(2) Appeal.--An affirmative vote of three-fifths of the
Members, duly chosen and sworn, shall be required to sustain an
appeal of the ruling of the Chair on a point of order raised
under this section.
(c) Determinations of Budget Levels.--For purposes of this section,
the levels of net deficit increases shall be determined on the basis of
estimates provided by the Committee on the Budget of the House of
Representatives or the Senate, as applicable.
SEC. 4. CBO AND OMB PROJECTIONS.
(a) Congressional Budget Office.--(1) Section 308 of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new subsections:
``(e) Long-Term Projections.--Each year, the Director of the
Congressional Budget Office shall issue a report projecting total
spending, revenue, deficits, and debt for at least 40 years beginning
with the first fiscal year after the last fiscal year covered in the
most recently enacted concurrent resolution on the budget as a
percentage of current projected gross domestic product annually based
on current law and current law levels as modified to maintain current
policy.''.
(2) Section 202(e)(1) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new sentence: ``Such report
shall also include an analysis of the long-term projections of current
policy and proposed policy in the budget submitted by the President for
such fiscal year.''.
(b) Office of Management and Budget.--Section 1105(a) of title 31,
United States Code, is amended by adding at the end the following new
paragraph:
``(40) long-term projections of total spending over 40
years as a percentage of gross domestic product annually and
the impact of proposed policies over that period.''.
SEC. 5. ESTABLISHMENT OF STATUTORY LIMIT ON THE PUBLIC DEBT.
The Rules of the House of Representatives are amended by adding at
the end the following new rule:
``RULE XXX
``Establishment of Statutory Limit on the Public Debt
``1. Upon adoption by Congress of a concurrent resolution on the
budget for a fiscal year under section 301 or 304 of the Congressional
Budget Act of 1974 that sets forth, as the appropriate level of the
public debt for that fiscal year, an amount that is different from the
amount of the statutory limit on the public debt that otherwise would
be in effect for that fiscal year, the Clerk shall prepare an
engrossment of a joint resolution increasing or decreasing, as the case
may be, the statutory limit on the public debt in the form prescribed
in clause 2. Upon engrossment of the joint resolution, the vote by
which the concurrent resolution on the budget was finally agreed to in
the House shall also be considered as a vote on passage of the joint
resolution in the House, and the joint resolution shall be considered
as passed by the House and duly certified and examined. The engrossed
copy shall be signed by the Clerk and transmitted to the Senate for
further legislative action.
``2. The matter after the resolving clause in a joint resolution
described in clause 1 shall be as follows: `That subsection (b) of
section 3101 of title 31, United States Code, is amended by striking
out the dollar limitation contained in such subsection and inserting in
lieu thereof ``$___''.', with the blank being filled with a dollar
limitation equal to the appropriate level of the public debt set forth
pursuant to section 301(a)(5) of the Congressional Budget Act of 1974
for the budget year in the relevant concurrent resolution described in
clause 1.
``3. (a) The report of the Committee on the Budget on a concurrent
resolution described in clause 1 and the joint explanatory statement of
the managers on a conference report to accompany such a concurrent
resolution each shall contain a clear statement of the effect the
eventual enactment of a joint resolution engrossed under this rule
would have on the statutory limit on the public debt.
``(b) It shall not be in order for the House to consider a
concurrent resolution described in clause 1, or a conference report
thereon, unless the report of the Committee on the Budget or the joint
explanatory statement of the managers complies with paragraph (a).
``4. Nothing in this rule shall be construed as limiting or
otherwise affecting--
``(a) the power of the House or the Senate to consider and
pass bills or joint resolutions, without regard to the
procedures under clause 1, that would change the statutory
limit on the public debt; or
``(b) the rights of Members, Delegates, the Resident
Commissioner, or committees with respect to the introduction,
consideration, and reporting of such bills or joint
resolutions.
``5. In this rule the term `statutory limit on the public debt'
means the maximum face amount of obligations issued under authority of
chapter 31 of title 31, United States Code, and obligations guaranteed
as to principal and interest by the United States (except such
guaranteed obligations as may be held by the Secretary of the
Treasury), as determined under section 3101(b) of such title after the
application of section 3101(a) of such title, that may be outstanding
at any one time.''.
SEC. 6. STUDY BY THE GOVERNMENT ACCOUNTABILITY OFFICE OF LONG-TERM
DEBT.
(a) GAO Study.--Title IV of the Congressional Budget Act of 1974 is
amended by inserting after section 402 the following new section:
``study by the government accountability office of long-term debt
``Sec. 403. The Government Accountability Office shall study the
effect of the public debt over the 75-year period commencing with the
year of the study of social service programs not included as
liabilities on the balance sheet of the annual consolidated financial
statements of the Government and report such results to the Congress.
Such report shall be revised annually.''.
(b) Table of Contents.--The table of contents set forth in section
1(b) of the Congressional Budget and Impoundment Act of 1974 is amended
by inserting after the item relating to section 402 the following new
item:
``Sec. 403. Study by the Government Accountability Office of long-term
debt.''. | Budget Integrity Act This bill amends the Congressional Budget Act of 1974 to require the Congressional Budget Office (CBO) to prepare long-term cost estimates for reported legislation with a gross budgetary impact of at least 0.25% of gross domestic product in either of the next two 10-year periods. The bill also creates a point of order against considering legislation in the House or the Senate that would cause a net increase in on-budget deficits above $5 billion in either of the two periods. The CBO and the Office of Management and Budget must issue long-term budget projections that cover 40 years. The Government Accountability Office must report on the effects of long-term debt. The bill amends the Rules of the House of Representatives to deem the House to have passed any necessary changes to the statutory debt limit upon adoption of the budget resolution. | Budget Integrity Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the crime of identity theft has become one of the major
law enforcement challenges of the new economy, as vast
quantities of sensitive, personal information are now
vulnerable to criminal interception and misuse;
(2) in November 2002, Americans were alerted to the dangers
of identity theft when Federal prosecutors announced that 3
individuals had allegedly sold the credit and personal
information of 30,000 people, the largest single identity theft
case in United States history;
(3) hundreds of thousands of Americans are victims of
identity theft each year, resulting in an annual cost to
industry of more than $3,500,000,000.
(4) several indicators reveal that despite increased public
awareness of the crime, the number of incidents of identity
theft continues to rise;
(5) in December 2001, the Federal Trade Commission received
an average of more than 3,000 identity theft calls per week, a
700 percent increase since the Identity Theft Data
Clearinghouse began operation in November 1999;
(6) allegations of social security number fraud increased
by 500 percent between 1998 and 2001, from 11,000 to 65,000;
(7) a national credit reporting agency reported that
consumer requests for fraud alerts increased by 53 percent
during fiscal year 2001;
(8) identity theft violates the privacy of American
citizens and ruins their good names;
(9) victims of identity theft may suffer restricted access
to credit and diminished employment opportunities, and may
spend years repairing the damage to credit histories caused by
identity theft;
(10) businesses and government agencies that handle
sensitive personal information of consumers have a
responsibility to protect this information from identity
thieves; and
(11) the private sector can better protect consumers by
implementing effective fraud alerts, affording greater consumer
access to credit reports, truncating of credit card numbers,
and establishing other prevention measures.
SEC. 3. IDENTITY THEFT PREVENTION.
(a) Changes of Address.--
(1) Duty of issuers of credit.--Section 132 of the Truth in
Lending Act (15 U.S.C. 1642) is amended--
(A) by inserting ``(a) In General.--'' before ``No
credit''; and
(B) by adding at the end the following:
``(b) Confirmation of Changes of Address.--If a card issuer
receives a request for an additional credit card with respect to an
existing credit account not later than 30 days after receiving
notification of a change of address for that account, the card issuer
shall--
``(1) not later than 5 days after sending the additional
card to the new address, notify the cardholder of the request
at both the new address and the former address; and
``(2) provide to the cardholder a means of promptly
reporting incorrect changes.''.
(2) Enforcement.--
(A) Federal trade commission.--Except as provided
in subparagraph (B), compliance with section 132(b) of
the Truth in Lending Act (as added by this subsection)
shall be enforced by the Federal Trade Commission in
the same manner and with the same power and authority
as the Commission has under the Fair Debt Collection
Practices Act to enforce compliance with that Act.
(B) Other agencies in certain cases.--
(i) In general.--Compliance with section
132(b) of the Truth in Lending Act shall be
enforced under--
(I) section 8 of the Federal
Deposit Insurance Act, in the case of a
card issuer that is--
(aa) a national bank or a
Federal branch or Federal
agency of a foreign bank, by
the Office of the Comptroller
of the Currency;
(bb) a member bank of the
Federal Reserve System (other
than a national bank), a branch
or agency of a foreign bank
(other than a Federal branch,
Federal agency, or insured
State branch of a foreign
bank), a commercial lending
company owned or controlled by
a foreign bank, or an
organization operating under
section 25 or 25A of the
Federal Reserve Act, by the
Board of Governors of the
Federal Reserve System;
(cc) a bank insured by the
Federal Deposit Insurance
Corporation (other than a
member of the Federal Reserve
System or a national nonmember
bank) or an insured State
branch of a foreign bank, by
the Board of Directors of the
Federal Deposit Insurance
Corporation; and
(dd) a savings association,
the deposits of which are
insured by the Federal Deposit
Insurance Corporation, by the
Director of the Office of
Thrift Supervision; and
(II) the Federal Credit Union Act,
by the Administrator of the National
Credit Union Administration in the case
of a card issuer that is a Federal
credit union, as defined in that Act.
(C) Violations treated as violations of other
laws.--
(i) In general.--For the purpose of the
exercise by any agency referred to in this
paragraph of its powers under any Act referred to in this paragraph, a
violation of section 132(b) of the Truth in Lending Act (as added by
this subsection) shall be deemed to be a violation of a requirement
imposed under that Act.
(ii) Agency authority.--In addition to its
powers under any provision of law specifically
referred to in subparagraph (A) or (B), each of
the agencies referred to in those subparagraphs
may exercise, for the purpose of enforcing
compliance with section 132(b) of the Truth in
Lending Act, any other authority conferred on
such agency by law.
(b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following:
``(g) Fraud Alerts.--
``(1) Defined term.--In this subsection, the term `fraud
alert' means a statement in the file of a consumer that
notifies all prospective users of a consumer report made with
respect to that consumer that--
``(A) the consumer's identity may have been used,
without the consumer's consent, to fraudulently obtain
goods or services in the consumer's name; and
``(B) the consumer does not authorize the issuance
or extension of credit in the name of the consumer
unless the issuer of such credit--
``(i) obtains express preauthorization from
the consumer at a telephone number designated
by the consumer; or
``(ii) utilizes another reasonable means of
communications to obtain the express
preauthorization of the consumer.
``(2) Inclusion of fraud alert in consumer file.--Upon the
request of a consumer and upon receiving proper identification,
a consumer reporting agency shall include a fraud alert in the
file of that consumer.
``(3) Notice sent by consumer reporting agencies.--A
consumer reporting agency shall notify each person procuring
consumer credit information with respect to a consumer of the
existence of a fraud alert in the file of that consumer,
regardless of whether a full credit report, credit score, or
summary report is requested.
``(4) Procedures to receive fraud alerts.--Any person who
uses a consumer credit report in connection with a credit
transaction shall establish reasonable procedures to receive
fraud alerts transmitted by consumer reporting agencies.
``(5) Violations.--
``(A) Consumer reporting agency.--Any consumer
reporting agency that fails to notify any user of a
consumer credit report of the existence of a fraud
alert in that report shall be in violation of this
section.
``(B) User of a consumer report.--Any user of a
consumer report that fails to comply with
preauthorization procedures contained in a fraud alert
and issues or extends credit in the name of the
consumer to a person other than the consumer shall be
in violation of this section.
``(6) Exceptions.--
``(A) Resellers.--
``(i) In general.--The provisions of this
subsection do not apply to a consumer reporting
agency that acts as a reseller of information
by assembling and merging information contained
in the database of another consumer reporting
agency or multiple consumer reporting agencies,
and does not maintain a permanent database of
the assembled or merged information from which
new consumer reports are produced.
``(ii) Limitation.--A reseller of assembled
or merged information shall preserve any fraud
alert placed on a consumer report by another
consumer reporting agency.
``(B) Exempt institutions.--The requirement under
this subsection to place a fraud alert in a consumer
file shall not apply to--
``(i) a check services company, which
issues authorizations for the purpose of
approving or processing negotiable instruments,
electronic funds transfers, or similar methods
of payments; or
``(ii) a demand deposit account information
service company, which issues reports regarding
account closures due to fraud, substantial
overdrafts, ATM abuse, or similar negative
information regarding a consumer, to inquiring
banks or other financial institutions for use
only in reviewing a consumer request for a
demand deposit account at the inquiring bank or
financial institution.''.
SEC. 4. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS.
(a) In General.--Except as provided in this section, no person,
firm, partnership, association, corporation, or limited liability
company that accepts credit cards for the transaction of business shall
print more than the last 5 digits of the credit card account number or
the expiration date upon any receipt provided to the cardholder.
(b) Limitation.--This section--
(1) applies only to receipts that are electronically
printed; and
(2) does not apply to transactions in which the sole means
of recording the cardholder's credit card account number is by
handwriting or by an imprint or copy of the credit card.
(c) Effective Date.--This section shall take effect--
(1) on the date that is 4 years after the date of enactment
of this Act, with respect to any cash register or other machine
or device that electronically prints receipts for credit card
transactions that is in use prior to the date of enactment of
this Act; and
(2) on the date that is 18 months after the date of
enactment of this Act, with respect to any cash register or
other machine or device that electronically prints receipts for
credit card transactions that is first put into use on or after
the date of enactment of this Act.
(d) Effect on State Law.--Nothing in this section prevents a State
from imposing requirements that are the same or substantially similar
to the requirements of this section at any time before the effective
date of this section.
SEC. 5. FREE ANNUAL CREDIT REPORT.
Section 612(c) of the Fair Credit Reporting Act (15 U.S.C.
1681j(c)) is amended to read as follows:
``(c) Free Annual Disclosure.--Upon the request of the consumer and
without charge to the consumer, a consumer reporting agency shall make
all the disclosures listed under section 609 once during any 12-month
period.''. | Identity Theft Prevention Act - Amends the Truth in Lending Act to prescribe procedural guidelines under which a credit card issuer must confirm changes of address.Confers enforcement jurisdiction upon: (1) the Federal Trade Commission; and (2) designated Federal agencies in specified circumstances.Amends the Fair Credit Reporting Act to prescribe procedural guidelines under which a consumer reporting agency shall: (1) notify the requester of a discrepancy in the address in the consumer file; and (2) include a fraud alert in the file of a requesting consumer.Mandates truncation of credit card account numbers, so that an entity that accepts credit cards for the transaction of business is prohibited from printing more than the last five digits of the credit card account number or the expiration date upon any receipt provided to the cardholder.Mandates that one annual credit report be furnished free by a consumer reporting agency upon consumer request. | A bill to prevent identity theft, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Responding to
Urgent needs of Survivors of the Holocaust Act'' or the ``RUSH Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Findings.
TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS
Subtitle A--Definition, Grants, and Other Programs
Sec. 101. Definition.
Sec. 102. Organization.
Sec. 103. Area plans.
Sec. 104. State plans.
Sec. 105. Consumer contributions.
Sec. 106. Program authorized.
Sec. 107. Prevention of elder abuse, neglect, and exploitation.
Subtitle B--Functions Within Administration for Community Living To
Assist Holocaust Survivors
Sec. 121. Designation of individual within the Administration.
Sec. 122. Annual report to Congress.
TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS
Sec. 201. Nutrition services.
TITLE III--TRANSPORTATION SERVICES AND RESOURCES
Sec. 301. Transportation services.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to include ``older individuals who are Holocaust
survivors'' in the list of groups that receive preference for
services as defined in section 305(a)(2)(E) of the Older
Americans Act of 1965 (42 U.S.C. 3025(a)(2)(E));
(2) to designate within the Administration on Aging an
individual to have responsibility for older individuals who are
Holocaust survivors;
(3) to ensure that meals provided by the Act meet any
special health-related or other dietary needs of program
participants, including needs based on religious, cultural, or
ethnic requirements; and
(4) to support programs that enable the mobility and self-
sufficiency of older individuals with greatest economic need
and individuals with greatest social need by providing
transportation services and resources.
SEC. 3. FINDINGS.
Congress finds the following:
(1) During the Holocaust, which took place between 1933 and
1945, an estimated 6,000,000 Jews, as well as millions from
other targeted groups, were murdered by the Nazis and their
collaborators.
(2) The United States Holocaust Memorial Museum
Encyclopedia estimates that more than 200,000 Jews found refuge
in the United States from 1933 to 1945 and that approximately
137,000 Jewish refugees had settled in the United States from
1945 to 1952.
(3) Jewish refugees continued to immigrate to the United
States from Europe and countries of the former Soviet Union
over the subsequent decades.
(4) According to the Conference on Jewish Material Claims
Against Germany's 2011 Worldbook: A Guide to Claims Conference
Programs Worldwide, the ``Estimated Nazi Victim Population'' in
the United States is 120,935, down from an estimated 127,300 in
2010.
(5) According to the Conference on Jewish Material Claims
Against Germany's 2011 Worldbook: A Guide to Claims Conference
Programs Worldwide, 3 in 5 of Nazi victims currently residing
in the United States are women, and while the average age of a
Nazi victim is 80, nearly one-quarter are age 85 or older.
(6) Holocaust survivors continue to live with the unique
mental and physical scars of the unconscionable trauma caused
by the Holocaust, and while institutionalized settings are
beneficial for some older people, the consequences of
institutionalization can have a particular adverse effect on
Holocaust survivors.
(7) For many Holocaust survivors, institutionalized
settings produce sights, sounds, smells, emotions, and routines
that can induce panic, anxiety, and re-traumatization as a
result of experiences from the Holocaust.
(8) According to Findings from the National Jewish
Population Survey 2000-01, a Jewish Federations of North
America Report produced in December 2003, ``victims are more
economically and socially vulnerable, report poorer health and
more health problems, and have somewhat greater social service
needs''. They also report poorer health and more disabilities
that limit daily activities compared to non-victims.
(9) Low-income Holocaust survivors are more reliant on
social service programs than most other older Americans, and
proportionally more Holocaust survivors need services such as
personal care, home-delivered and congregate meals,
transportation, counseling, and mental health support to
promote health and quality of life.
(10) Community organizations serving Holocaust survivors
report that approximately two-thirds of Holocaust survivors
live alone, and living alone is a risk factor for
hospitalization and nursing home admission, poverty, falls,
depression, poor nutrition, social isolation, and loneliness,
which have been associated with poor health outcomes and an
increased risk of death.
(11) According to Findings from the National Jewish
Population Survey 2000-01, more than half of all Holocaust
survivors who immigrated to the United States from the former
Soviet Union after 1965 have annual incomes beneath the Federal
poverty threshold and constitute an extremely vulnerable at-
risk population in the United States.
(12) Community organizations serving Holocaust survivors
report that transportation is vital to help Holocaust survivors
attend medical appointments, shop and purchase necessary items,
visit family and friends, and participate in cultural,
recreational, or social events, such as congregate meals or
religious services.
(13) As the general population of older adults increases
and public or philanthropic resources remain constant,
providers serving older adults including Holocaust survivors
need additional capacity to cover the needed services.
(14) The Administration for Community Living in the United
States Department of Health and Human Services serves as the
Federal agency responsible for increasing access to community
supports, while focusing attention and resources on the unique
needs of older Americans and people with disabilities across
the lifespan.
(15) The Administration for Community Living's mission is
to maximize the independence, well-being, and health of older
adults, people with disabilities, and their families and
caregivers.
(16) Many social service agencies that receive funding
under the Older Americans Act for home-delivered or congregate
meals serve diverse seniors with specialized dietary needs
based on religious, cultural, or ethnic requirements, and the
necessary special meals often cost more than non-special meals.
TITLE I--RESPONDING TO THE NEEDS OF HOLOCAUST SURVIVORS
Subtitle A--Definition, Grants, and Other Programs
SEC. 101. DEFINITION.
Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is
amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C)(ii), by striking the period
at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) status as a Holocaust survivor.'';
(2) by redesignating paragraphs (26) through (54) as
paragraphs (27) through (55); and
(3) by inserting after paragraph (25) the following:
``(26) The term `Holocaust survivor' means an individual
who--
``(A)(i) lived in a country between 1933 and 1945
under a Nazi regime, under Nazi occupation, or under
the control of Nazi collaborators; or
``(ii) fled from a country between 1933 and 1945
under a Nazi regime, under Nazi occupation, or under
the control of Nazi collaborators;
``(B) was persecuted between 1933 and 1945 on the
basis of race, religion, physical or mental disability,
sexual orientation, political affiliation, ethnicity,
or other basis; and
``(C) was a member of a group that was persecuted
by the Nazis.''.
SEC. 102. ORGANIZATION.
Section 305(a) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)) is amended--
(1) in paragraph (1)(E), by inserting ``older individuals
who are Holocaust survivors,'' after ``proficiency,'' each
place it appears; and
(2) in paragraph (2)(E), by inserting ``older individuals
who are Holocaust survivors,'' after ``proficiency,''.
SEC. 103. AREA PLANS.
Section 306 of the Older Americans Act of 1965 (42 U.S.C. 3026) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``older
individuals who are Holocaust survivors,'' after
``proficiency,'' each place it appears;
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i)(I)(bb), by
inserting ``older individuals who are
Holocaust survivors,'' after
``proficiency,''; and
(II) in clause (ii), by inserting
``older individuals who are Holocaust
survivors,'' after ``proficiency,''
each place it appears;
(ii) in subparagraph (B)(i)--
(I) in subclause (VI), by striking
``and'' at the end; and
(II) by inserting after subclause
(VII) the following:
``(VIII) older individuals who are
Holocaust survivors; and''; and
(iii) in subparagraph (B)(ii), by striking
``subclauses (I) through (VI)'' and inserting
``subclauses (I) through (VIII)''; and
(C) in paragraph (7)(B)(iii), by inserting ``in
particular, older individuals who are Holocaust
survivors,'' after ``placement,''; and
(2) in subsection (b)(2)(B), by inserting ``older
individuals who are Holocaust survivors,'' after ``areas,''.
SEC. 104. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) in paragraph (4), by inserting ``older individuals who
are Holocaust survivors,'' after ``proficiency,'';
(2) in paragraph (16)--
(A) in subparagraph (A)--
(i) in clause (v), by striking ``and'' at
the end; and
(ii) by adding at the end the following:
``(vii) older individuals who are Holocaust
survivors; and''; and
(B) in subparagraph (B), by striking ``clauses (i)
through (vi)'' and inserting ``clauses (i) through
(vii)''; and
(3) in paragraph (28)(B)(ii), by inserting ``older
individuals who are Holocaust survivors,'' after ``areas,''.
SEC. 105. CONSUMER CONTRIBUTIONS.
Section 315 of the Older Americans Act of 1965 (42 U.S.C. 3030c-2)
is amended--
(1) in subsection (c)(2), by inserting ``older individuals
who are Holocaust survivors,'' after ``proficiency,''; and
(2) in subsection (d), by inserting ``older individuals who
are Holocaust survivors,'' after ``proficiency,''.
SEC. 106. PROGRAM AUTHORIZED.
Section 373(c)(2)(A) of the Older Americans Act of 1965 (42 U.S.C.
3030s-1(c)(2)(A)) is amended by striking ``individuals)'' and inserting
``individuals and older individuals who are Holocaust survivors)''.
SEC. 107. PREVENTION OF ELDER ABUSE, NEGLECT, AND EXPLOITATION.
Section 721(b)(12) of the Older Americans Act of 1965 (42 U.S.C.
3058i(b)(12)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) older individuals who are Holocaust
survivors.''.
Subtitle B--Functions Within Administration for Community Living To
Assist Holocaust Survivors
SEC. 121. DESIGNATION OF INDIVIDUAL WITHIN THE ADMINISTRATION.
The Administrator for Community Living is authorized to designate
within the Administration for Community Living a person who has
specialized training, background, or experience with Holocaust survivor
issues to have responsibility for implementing services for older
individuals who are Holocaust survivors.
SEC. 122. ANNUAL REPORT TO CONGRESS.
The Administrator for Community Living, with assistance from the
individual designated under section 121, shall prepare and submit to
Congress an annual report on the status and needs, including the
priority areas of concern, of older individuals (as defined in section
102 of the Older Americans Act of 1965 (42 U.S.C. 3002)) who are
Holocaust survivors.
TITLE II--NUTRITION SERVICES FOR ALL OLDER INDIVIDUALS
SEC. 201. NUTRITION SERVICES.
(a) In General.--Section 339(2) of the Older Americans Act of 1065
(42 U.S.C. 3030g-21(2)) is amended--
(1) in subparagraph (A), by amending clause (iii) to read
as follows:
``(iii) to the maximum extent practicable,
are adjusted and appropriately funded to meet
any special health-related or other dietary
needs of program participants, including needs
based on religious, cultural, or ethnic
requirements,'';
(2) in subparagraph (J), by striking ``appropriate, and''
and inserting ``appropriate,'';
(3) in subparagraph (K), by striking the period and
inserting ``, and''; and
(4) by adding at the end the following:
``(L) encourages and educates individuals who
distribute nutrition services under subpart 2 to engage
in conversation with homebound older individuals and to
be aware of the warning signs of medical emergencies,
injury, or abuse in order to reduce isolation and
promote well-being.''.
(b) Study of Nutrition Projects.--Section 317(a)(2) of the Older
Americans Act Amendments of 2006 (Public Law 106-365) is amended--
(1) in subparagraph (B), by striking ``; and'' and
inserting a semicolon;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) an analysis of service providers' abilities
to obtain viable contracts for special foods necessary
to meet a religious requirement, required dietary need,
or ethnic consideration.''.
TITLE III--TRANSPORTATION SERVICES AND RESOURCES
SEC. 301. TRANSPORTATION SERVICES.
(a) In General.--Section 411(a) of the Older Americans Act of 1065
(42 U.S.C. 3032(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the support of programs that enable the mobility and
self-sufficiency of older individuals with the greatest
economic need and older individuals with the greatest social
need by providing transportation services and resources; and''. | Responding to Urgent Needs of Survivors of the Holocaust Act or RUSH Act - Amends the Older Americans Act of 1965 to include specifically within its purview older Americans who are Holocaust survivors. Authorizes the Administrator for Community Living to designate, within the Administration for Community Living of the Department of Health and Human Services (HHS), a person with specialized training, background, or experience with issues of Holocaust survivors to implement services for them. Requires a state nutrition project to: (1) ensure that project meals meet the dietary needs of program participants based on religious, cultural, or ethnic requirements; and (2) encourage individuals who distribute nutrition services to engage in conversation with homebound older individuals and to be aware of the warning signs of medical emergencies, injury, or abuse in order to reduce isolation and promote wellbeing. Amends the Older Americans Act Amendments of 2006 to require the study of nutrition projects to analyze the abilities of service providers to obtain viable contracts for special foods necessary to meet a religious requirement, required dietary need, or ethnic consideration. Authorizes the HHS Assistant Secretary for Aging to make grants to or contract with states, public agencies, private nonprofit agencies, institutions of higher education, and organizations, including tribal organizations, to support programs that provide transportation services and resources to older individuals with the greatest economic or social need. | RUSH Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CT Colonography Screening for
Colorectal Cancer Act of 2015''.
SEC. 2. COVERAGE OF COMPUTED TOMOGRAPHY COLONOGRAPHY SCREENING AS A
COLORECTAL CANCER SCREENING TEST UNDER MEDICARE.
(a) In General.--Section 1861(pp)(1) of the Social Security Act (42
U.S.C. 1395x(pp)(1)) is amended--
(1) by redesignating subparagraph (D) as subparagraph (E);
and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Screening computed tomography
colonography.''.
(b) Frequency Limits and Payment.--Section 1834(d) of such Act (42
U.S.C. 1395m(d)) is amended by adding at the end the following new
paragraph:
``(4) Screening computed tomography colonography.--
``(A) Fee schedule.--With respect to a colorectal
cancer screening test consisting of screening computed
tomography colonography, subject to subparagraph (B),
payment under section 1848 shall be consistent with
payment under such section for similar or related
services.
``(B) Payment limit.--In the case of screening
computed tomography colonography, payment under this
part shall not exceed such amount as the Secretary
specifies, based upon rates recognized for diagnostic
computed tomography colonography.
``(C) Facility payment limit.--Notwithstanding any
other provision of this title, in the case of an
individual who receives screening computed tomography
colonography--
``(i) in computing the amount of any
applicable coinsurance, the computation of such
coinsurance shall be based upon the fee
schedule under which payment is made for the
services; and
``(ii) the amount of such coinsurance shall
not exceed 25 percent of the payment amount
under the fee schedule described in
subparagraph (A).
``(D) Frequency limit.--No payment may be made
under this part for a colorectal cancer screening test
consisting of a screening computed tomography
colonography--
``(i) if the individual is under 50 years
of age; or
``(ii)(I) in the case of individuals at
high risk for colorectal cancer, if the
procedure is performed within the 23 months
after a previous screening computed tomography
colonography or a previous screening
colonoscopy; or
``(II) in the case of an individual who is
not at high risk for colorectal cancer, if the
procedure is performed within the 119 months
after a previous screening colonoscopy or
within the 59 months after a previous screening
flexible sigmoidoscopy or a previous screening
computed tomography colonography.''.
(c) Conforming Frequency Limits for Other Colorectal Cancer
Screening Tests.--
(1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii)
of section 1834(d) of the Social Security Act (42 U.S.C.
1395m(d)) is amended by inserting ``or screening computed
tomography colonography'' after ``previous screening flexible
sigmoidoscopy''.
(2) Screening colonoscopy.--Paragraph (3)(E) of such
section is amended--
(A) by inserting ``or screening computed tomography
colonography'' after ``23 months after a previous
screening colonoscopy''; and
(B) by inserting ``or screening computed tomography
colonography'' after ``screening flexible
sigmoidoscopy''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2017.
SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM
SPECIAL RULE ON PAYMENT FOR IMAGING SERVICES.
(a) In General.--Section 1848(b)(4)(B) of the Social Security Act
(42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening
computed tomography colonography'' after ``diagnostic and screening
mammography''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to items and services furnished on or after January 1, 2017.
SEC. 4. REPORTS ON THE STATUS OF COVERING COMPUTED TOMOGRAPHY
COLONOGRAPHY AS A COLORECTAL CANCER SCREENING TEST UNDER
MEDICARE.
(a) Preliminary Report.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall submit a preliminary report to Congress on the status of coverage
of computed tomography colonography as a colorectal cancer screening
test under the Medicare program under title XVIII of the Social
Security Act, including the extent to which such coverage as required
by the amendments made by sections 2 and 3 has been implemented.
(b) Annual Report.--Not later than September 30 of each fiscal year
during the 5-year period beginning with fiscal year 2018, the Secretary
shall submit to the Congress, a status report on the following:
(1) The impact of screening computed tomography
colonography on the change in colorectal cancer screening
compliance of Medicare beneficiaries.
(2) The various utilization rates with respect to Medicare
beneficiaries for each available colorectal cancer screening
option before and after the availability of and coverage of
screening computed tomography colonography under the Medicare
program pursuant to the enactment of this Act, including--
(A) by initial CRC screening performed with respect
to a Medicare beneficiary per year, including the age
of the beneficiary when the initial screening was
performed; and
(B) by follow-on screening performed, whereby the
analysis demonstrates to what extent screening computed
tomography colonography was used as a substitute for a
previous screening procedure.
(3) Access to screening computed tomography colonography by
Medicare beneficiaries, especially in rural areas or
underserved populations, before and after the date of
implementation of coverage of such screening benefit under the
Medicare program pursuant to the enactment of this Act.
(4) Recommendations for such legislation and administrative
action as the Secretary determines appropriate to implement
this Act. | CT Colonography Screening for Colorectal Cancer Act of 2015 This bill amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography colonography (CTC) as a colorectal cancer screening test, and (2) exclude screening CTC from a special Medicare payment rule applicable to certain imaging services. | CT Colonography Screening for Colorectal Cancer Act of 2015 |