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SECTION 1. SHORT TITLE.
This Act may be cited as the ``States Solid Waste Regulatory
Authority Act''.
SEC. 2. AUTHORITY TO REGULATE SOLID WASTE.
(a) Authority.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.) is amended by adding at the end the following new
section:
``SEC. 4011. STATE AUTHORITY TO REGULATE SOLID WASTE.
``(a) Laws Regulating Treatment and Disposal.--
``(1) Fees.--
``(A) Subject to the limitations described in this
paragraph, each State is authorized to enact and
enforce laws imposing and collecting fees in connection
with the treatment, disposal, or other disposition
within such State of solid waste generated in another
State.
``(B) Beginning in calendar year 1994, any increase
in a fee described in subparagraph (A) may not exceed
an amount which is equal to the base amount multiplied
by the applicable percentage for such calendar year.
``(C) The applicable percentage for calendar years,
beginning with calendar year 1994, shall be determined
in accordance with the following table:
The applicable
``In calendar year:
percentage is:
``1994................... 50
``1995................... 100
``1996................... 150
``1997................... 200
``1998 and thereafter.... (Such amount as
the receiving State
may determine).
``(D) For purposes of this paragraph, the term
`base amount' means the fee imposed by the State on
December 31, 1993, or, if no fee was imposed on
December 31, 1993, the fee first imposed by the State
after such date.
``(E) In the case of any State that imposes a fee
after December 31, 1993, the table in subparagraph (C)
shall be applied--
``(i) by substituting the first calendar
year beginning after the calendar year in which
such fee is imposed for 1994;
``(ii) by substituting the second calendar
year beginning after the calendar year in which
such fee is imposed for 1995;
``(iii) by substituting the third calendar
year beginning after the calendar year in which
such fee is imposed for 1996; and
``(iv) by substituting the fourth calendar
year beginning after the calendar year in which
such fee is imposed for 1997.
``(F) Notwithstanding any other provision of this
section, at any time the fee imposed by an exporting
State in connection with treatment, disposal, or other
disposition of solid waste exceeds the fee imposed by a
receiving State in connection with treatment, disposal,
or other disposition of solid waste, the receiving
State may impose and collect a fee in connection with
treatment, disposal, or other disposition of solid
waste received from an exporting State equal to that of
the fee imposed by the exporting State. For purposes of
this subparagraph, the term `exporting State' means a
State in which solid waste is generated and exported to
another State for treatment, disposal, or other
disposition, and the term `receiving State' means the
State which receives solid waste from another State for
treatment, disposal, or other disposition.
``(2) Bans on solid waste importation.--Each State is
authorized to enact and enforce laws imposing a ban on the
importation into such State of solid waste generated outside
such State if--
``(A) the 5-year period beginning on the date of
enactment of this section has expired; and
``(B) the State has an approved or effective solid
waste management plan meeting all of the requirements
of section 4003.
``(b) Definition.--As used in this section, the term `solid waste'
has the meaning provided in section 1004(27) of this Act, except that
such term does not include hazardous waste as defined under subtitle
C.''.
(b) Technical Amendment.--The table of contents for subtitle D of
the Solid Waste Disposal Act (contained in section 1001) is amended by
adding at the end the following new item:
``4011. State authority to regulate solid waste.''.
SEC. 3. STATE SOLID WASTE MANAGEMENT PLANS.
(a) Additional Plan Requirements.--(1) Section 4003(a) of the Solid
Waste Disposal Act (42 U.S.C. 6943(a)) is amended by striking out
paragraph (6) and inserting in lieu thereof the following:
``(6) The plan shall provide that the State, directly or through
regional or local planning units as may be established under section
4002(a)(1), shall (A) identify the amount of solid wastes by waste type
that are reasonably expected to be generated within the State or
accepted from another State during the 10-year period following the
date of the enactment of the States Solid Waste Regulatory Authority
Act, (B) identify the amount of solid waste to be reduced during such
10-year period through source reduction, recycling, and resource
recovery, and (C) establish a process to assure the availability of
solid waste treatment, storage, and disposal facilities, including
resource recovery and recycling facilities, with capacity adequate to
manage all such solid wastes in an environmentally sound manner. In
establishing the process to assure the availability of adequate solid
waste management capacity, the State shall take into account solid
waste management compacts in effect on the date of enactment of the
States Solid Waste Regulatory Authority Act that exist within the State
and one or more States.
``(7) The plan shall require laws, regulations, and ordinances for
development of new and expanded solid waste management facilities
necessary to provide adequate capacity, as determined by the process
established under paragraph (6), including the establishment of a
process for the siting of such facilities and a schedule for the
approval and construction of such facilities. To the extent any
capacity is provided outside the planning unit, the State shall act to
ensure such capacity is available and is identified in the plan. The
plan shall reserve to the State authority to take such actions as may
be necessary on behalf of a regional or local planning unit, including
compacts with other States if appropriate, to assure the availability
of such capacity when such planning unit has failed in a timely way to
provide adequate capacity for waste volumes identified in the plan
pursuant to paragraph (6).
``(8) The plan shall describe solid waste management practices and
programs, based on the State's environmental and economic conditions,
that promote source reduction and recycling. Such programs shall
include public education campaigns, and the plan's description of such
programs shall include, but not be limited to, the following areas:
``(A) Coordination among State and local officials,
including public education officials.
``(B) Course curriculum development for primary and
secondary schools regarding the benefits of and opportunities
to participate in source reduction and recycling programs.
``(C) Projects to inform all members of the public and
private sectors, including government agencies, institutions,
the industrial and business communities, and consumers, of the
benefits of and opportunities to participate in source
reduction and recycling programs.
``(9) The plan shall identify existing State and regional markets
for recyclable materials and actions that the State will take to
promote and develop recycling markets.
``(10) The plan shall provide for a program requiring that all
solid waste management facilities register with the State and requiring
that only registered facilities may manage solid waste identified in
the plan. Such registration shall, at a minimum, include the name and
address of the owner and operator of the facility, the address of the
solid waste management facility, the type of solid waste management
used at the facility, and the amounts of solid waste, by type and
source, to be managed at the facility.
``(11) The plan shall provide for technical and financial
assistance to local communities to meet the requirements of the plan.
``(12) The plan shall specify the conditions under which the State
will authorize a person to accept solid waste from other States, for
purposes of solid waste management other than transportation, and the
conditions shall ensure that such waste is managed in accordance with
the plan and that acceptance of such waste will not impede the ability
of the State to manage solid waste generated within its borders.''.
(2) Section 4003 of the Solid Waste Disposal Act (42 U.S.C. 6943)
is amended by striking out subsection (d) and inserting in lieu thereof
the following:
``(d) Waste-To-Energy Facilities.--It is the intention of this Act
and the planning process developed pursuant to this Act that
determinations regarding the need for or size of waste-to-energy
facilities for solid waste management shall not in any way interfere
with the achievement, to the maximum extent possible, of the objectives
and policies of this Act.
``(e) Additional Plan Provisions.--Any State plan submitted under
this subtitle shall include provisions to carry out each of the
following unless the State demonstrates, to the satisfaction of the
Administrator, that the inclusion of such a provision is not
practicable:
``(1) A policy requiring the State and political
subdivisions of the State to procure products made with
recyclable materials.
``(2) A program to encourage composting of yard waste,
agricultural waste, and other waste streams as appropriate.
``(3) A system for curbside pickup of recyclable materials
that have been separated at their source, or a system for
separation of recyclable materials at recycling facilities, or
both.
``(4)(A) A policy requiring--
``(i) that recyclable materials in solid waste from
residences, commercial establishments, and office
buildings be separated, to the maximum extent
economically practicable, prior to treatment or
disposal in solid waste management facilities; and
``(ii) the imposition of a surcharge on tipping
fees for any solid waste from commercial establishments
or office buildings that (I) is delivered to a
landfill, waste-to-energy facility, or waste treatment
facility, and (II) from which recyclable materials have
not been separated at their source.
``(B) In carrying out the policy of this paragraph, the
State shall include the following types of recyclable
materials; corrugated cardboard, office paper and paper
products, newspaper, glass, plastic materials and products,
ferrous and nonferrous metals, yard waste, and beverage
containers.''.
(b) Plan Approval.--(1) Section 4006 of the Solid Waste Disposal
Act (42 U.S.C. 6946) is amended by adding at the end the following:
``(d) Submission of Plans.--Not later than 6 months after the date
of enactment of the States Solid Waste Regulatory Authority Act, each
State shall, after consultation with interested parties and local
governments, submit to the Administrator for approval a plan that
complies with the requirements of section 4003(a).
``(e) Failure of the Administrator To Act on a State Plan.--If the
Administrator fails to approve or disapprove a plan under section
4007(a) within 6 months after a State plan has been submitted for
approval, the State plan as submitted shall become effective at the
expiration of 6 months after the date on which such plan was submitted.
The plan shall remain in effect as submitted and subject to review by
the Administrator and revision in accordance with section 4007(a).''.
(2) Section 4007(a) of the Solid Waste Disposal Act (42 U.S.C.
6947(a)) is amended in paragraph (1) and in paragraph (2)(A) by
striking out ``and (5)'' and inserting in lieu thereof ``and (5)
through (12)''. | States Solid Waste Regulatory Authority Act - Amends the Solid Waste Disposal Act to authorize each State to enact and enforce laws: (1) imposing fees on the treatment, disposal, and other disposition of solid waste; and (2) banning the importation of solid waste beginning five years after enactment of this Act if the State has an approved solid waste management plan.
Requires State solid waste management plans to require that the State: (1) identify the amount of solid wastes by waste type that are reasonably expected to be generated within the State or accepted from another State during the ten-year period following enactment of this Act; (2) identify the amount of solid waste to be reduced during such ten-year period through source reduction, recycling, and resource recovery; and (3) assure the availability of solid waste treatment, storage, and disposal facilities.
Requires that a State solid waste management plan: (1) require laws, regulations, and ordinances for the development of new and expanded solid waste management facilities; (2) describe solid waste management practices that promote source reduction and recycling; (3) identify existing State and regional markets for recyclable materials and actions that the State will take to develop recycling markets; (4) provide that all solid waste management facilities shall register with the State and that only registered facilities may manage solid waste identified in the plan; (5) provide for technical and financial assistance to local communities to meet plan requirements; and (6) specify the conditions under which the State will authorize a person to accept solid waste from other States.
Sets forth additional plan requirements, unless the State demonstrates that their inclusion is impracticable, including: (1) a policy requiring the procurement of recycled products; (2) a program to encourage composting; (3) a system for curbside pickup or separation of recyclable materials; and (4) a policy requiring the separation of recyclable materials prior to treatment or disposal and requiring a surcharge on tipping fees for solid waste from commercial establishments or office buildings that is not source-separated before delivery to waste facilities.
Requires States to submit plans for approval. | States Solid Waste Regulatory Authority Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Institutionalized Abuse Against
Children Act of 2005''.
SEC. 2. JUSTICE DEPARTMENT INVESTIGATIONS.
(a) In General.--In order to assure the safety and welfare of
American children residing in foreign-based institutions, the Attorney
General shall seek the cooperation of appropriate foreign authorities
in order to investigate such facilities or institutions periodically.
Such an investigation shall include a determination of the
institution's compliance with any local safety, health, sanitation and
educational laws and regulations, including all licensing requirements
applicable to the staff of the institution and compliance with this
section. The Attorney General shall seek the cooperation of appropriate
foreign authorities to remedy any threat to the safety or welfare of
those children, discovered through such an investigation.
(b) Rules and Enforcement.--(1) The Attorney General shall make
rules to protect the safety and wellbeing of American children who are
kept in a foreign based institution for purposes of behavior
modification.
(2) Whoever, being a United States citizen or national, or other
private entity organized under the laws of the United States or of any
State or political subdivision of the United States, violates a rule
made under this subsection shall be subject to a civil penalty not to
exceed $50,000.
(c) Definitions.--As used in this section--
(1) the term ``foreign-based institution'' means any
facility or institution--
(A) owned, operated, or managed by a United States
citizen or other private entity organized under the
laws of the United States; and
(B) for persons, including persons who are residing
in such facility or institution, for purposes of
receiving care or treatment or behavior modification;
and
(2) the term ``American children'' means American citizens
or nationals 18 years of age or younger.
SEC. 3. AMENDMENTS TO DEPARTMENT OF STATE'S COUNTRY REPORTS ON HUMAN
RIGHTS PRACTICES.
(a) Part I of Foreign Assistance Act of 1961.--Section 116 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n) is amended by adding
at the end the following new subsection:
``(g)(1) The report required by subsection (d) shall include,
wherever applicable, a description of the nature and extent of child
abuse or human rights violations against persons who are 18 years of
age or younger at institutions described in paragraph (2) that are
located in each foreign country.
``(2) An institution referred to in paragraph (1) is a facility or
institution--
``(A) owned, operated, or managed by a United States
citizen or other private entity organized under the laws of the
United States; and
``(B) for persons, including persons who are residing in
such facility or institution, for purposes of receiving care or
treatment or behavior modification.''.
(b) Part II of Foreign Assistance Act of 1961.--Section 502B of the
Foreign Assistance Act of 1961 (22 U.S.C. 2304) is amended by adding at
the end the following new subsection:
``(i)(1) The report required by subsection (b) shall include,
wherever applicable, a description of the nature and extent of child
abuse or human rights violations against persons who are 18 years of
age or younger at institutions described in paragraph (2) that are
located in each foreign country.
``(2) An institution referred to in paragraph (1) is a facility or
institution--
``(A) owned, operated, or managed by a United States
citizen or other private entity organized under the laws of the
United States; and
``(B) for persons, including persons who are residing in
such facility or institution, for purposes of receiving care or
treatment or behavior modification.''.
SEC. 4. GRANTS TO SUPPORT INSPECTIONS OF CHILD RESIDENTIAL TREATMENT
FACILITIES.
(a) In General.--The Child Abuse Prevention and Treatment Act (42
U.S.C. 5101 et seq.) is amended by adding at the end the following new
title:
``TITLE III--GRANTS TO STATES TO SUPPORT INSPECTIONS OF CHILD
RESIDENTIAL TREATMENT FACILITIES
``SEC. 301. GRANTS TO STATES.
``The Secretary is authorized to make grants to States to support
inspections of child residential treatment facilities.
``SEC. 302. APPLICATION.
``The Secretary may not make a grant to a State under section 301
unless the State submits to the Secretary an application for the grant
at such time, in such form and manner, and containing such information
as the Secretary may reasonably require.
``SEC. 303. ELIGIBILITY.
``(a) In General.--The Secretary may not make a grant to a State
under section 301 unless the State has in effect laws to require the
licensing of child residential treatment facilities in accordance with
the requirements of subsection (b) and the State is enforcing such
State laws in accordance with the requirements of subsection (c).
``(b) Licensing Requirements.--The licensing requirements referred
to in subsection (a) are the following:
``(1) The State requires any person who operates a child
residential treatment facility to be issued a license for the
operation of the facility, and the license is in effect.
``(2) The facility meets applicable standards of the State
for the provision of treatment services for children with
emotional, psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
``(3) In the case of each child who is a resident of the
facility and whose domicile is another State, the facility
meets the standards of such other State for the operation of
such a facility, including any licensing standards.
``(4) With respect to State law that prohibits the physical
or mental abuse of children and the neglect of children, the
law of the State in which the facility is located applies to
the facility standards for the care of children who are
residents of the facility, including enforcement standards,
that are equivalent to the standards applied by the State to
parents or legal guardians.
``(5) The State requires periodic, unannounced inspections
of the facility to determine compliance with applicable law,
including law regarding the licensing of health professionals
and law regarding the standards referred to in paragraph (4).
``(c) Enforcement Requirements.--The enforcement requirements
referred to in subsection (a) are the following:
``(1) In general.--
``(A) Civil penalty.--A person who operates a child
residential treatment facility in violation of the
requirements under subsection (b) is subject to a civil
penalty of $250 per day until the violation is
corrected, except that the number of days for which the
penalty is assessed may not exceed 60 days.
``(B) Order to terminate operations.--With respect
to a violation of the requirements under subsection
(b), if a civil penalty under subparagraph (A) for the
violation is assessed for 60 days, the State orders
that the child residential treatment facility involved
terminate all operations.
``(2) Abuse or neglect.--
``(A) Civil penalty.--If a child residential
treatment facility engages in the abuse or neglect of a
child who is a resident of the facility, each person
who owns or operates the facility, and each of the
officers, employees, or contractors thereof who engaged
in the abuse or neglect, is subject to a civil penalty
for each such violation in an amount determined by the
State, but not less than $20,000 for all violations
adjudicated in a single proceeding.
``(B) Criminal penalty.--If a child residential
treatment facility engages in the abuse or neglect of a
child who is a resident of the facility, each person
who owns or operates the facility, and each of the
officers, employees, or contractors thereof who engaged
in the abuse or neglect, shall be fined in accordance
with title 18, United States Code, or imprisoned not
more than five years, or both.
``(C) Abuse or neglect.--For purposes of
subparagraphs (A) and (B), the term `abuse or neglect',
with respect to a child, means a knowing act or
omission that the officer, employee, or contractor
involved knows or should know will result in death,
serious physical or emotional harm, sexual abuse or
exploitation, or will present an imminent risk of
serious harm.
``SEC. 304. USE OF FUNDS.
``A State that receives a grant under section 301 shall use amounts
under the grant to--
``(1) hire and train individuals who have appropriate
expertise in the health profession, including the mental health
profession, to carry out periodic, unannounced inspections of
child residential treatment facilities in accordance with
section 303(b)(5); and
``(2) collect and maintain data from the inspections of
such child residential treatment facilities to be included in
the report required by section 306.
``SEC. 305. MAINTENANCE OF EFFORT.
``A State that receives a grant under section 301 shall use amounts
under the grant only to supplement the level of non-Federal funds that,
in the absence of amounts under the grant, would be expended for
activities authorized under the grant, and not to supplant those non-
Federal funds.
``SEC. 306. REPORT.
``The Secretary may not make a grant to a State under section 301
unless the State agrees that it will submit to the Secretary for each
fiscal year for which it receives a grant under such section a report
that contains such information as the Secretary may reasonably require,
including a detailed description of the number of child residential
treatment facilities located in the State, the number of children
residing at such facilities, the State domicile of each child prior to
entry at such a facility, and the age, gender, and disability (if any)
of each child at such a facility.
``SEC. 307. DEFINITIONS.
``In this title:
``(1) Child.--The term `child' means an individual 18 years
of age or younger.
``(2) Child residential treatment facility; facility.--The
term `child residential treatment facility' or `facility' means
a facility that--
``(A) provides a 24-hour group living environment
for one or more children who are unrelated to the owner
or operator of the facility; and
``(B) offers for the children room or board and
specialized treatment, behavior modification,
rehabilitation, discipline, emotional growth or
rehabilitation services for youths with emotional,
psychological, developmental, or behavioral
dysfunctions, impairments, or chemical dependencies.
``(3) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(4) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$50,000,000 for each of the fiscal years 2006 and 2007.''.
(b) Clerical Amendment.--The table of contents of the Child Abuse
Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by adding
at the end the following:
``TITLE III--GRANTS TO STATES TO SUPPORT INSPECTIONS OF CHILD
RESIDENTIAL TREATMENT FACILITIES
``Sec. 301. Grants to States.
``Sec. 302. Application.
``Sec. 303. Eligibility.
``Sec. 304. Use of funds.
``Sec. 305. Maintenance of effort.
``Sec. 306. Report.
``Sec. 307. Definitions.
``Sec. 308. Authorization of appropriations.''. | End Institutionalized Abuse Against Children Act of 2005 - Sets forth protections for the safety and welfare of children in foreign-based or domestic residential treatment facilities or institutions.
Directs the Attorney General to: (1) seek the cooperation of appropriate foreign authorities periodically to investigate such institutions in a foreign country operated or managed by U.S. citizens or other private entities organized under U.S. laws (foreign-based institutions); and (2) make rules to protect children who are U.S. citizens or nationals and who are kept in foreign-based institutions for behavior modification. Sets forth civil penalties for U.S. citizens or such private entities who violate such rules.
Amends the Foreign Assistance Act of 1961 to require country reports on human rights practices to include descriptions of child abuse or human rights violations against any children at foreign-based institutions.
Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make grants to States to support inspections of child residential treatment facilities. Conditions such grants on State adoption and enforcement of laws with licensing requirements for such institutions, including certain criminal and civil penalties, set forth in this Act. | To assure the safety of American children in foreign-based and domestic institutions, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Strengthen Confidence
in Congress Act of 2006''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established in the legislative branch a commission to be
known as the ``Commission to Strengthen Confidence in Congress'' (in
this Act referred to as the ``Commission'').
SEC. 3. PURPOSES.
The purposes of the Commission are to--
(1) evaluate and report the effectiveness of current
congressional ethics requirements, if penalties are enforced
and sufficient, and make recommendations for new penalties;
(2) weigh the need for improved ethical conduct with the
need for lawmakers to have access to expertise on public policy
issues;
(3) determine and report minimum standards relating to
official travel for Members of Congress and staff;
(4) evaluate the range of gifts given to Members of
Congress and staff, determine and report the effects on public
policy, and make recommendations for limits on gifts;
(5) evaluate and report the effectiveness and transparency
of congressional disclosure laws and recommendations for
improvements;
(6) assess and report the effectiveness of the ban on
Member of Congress and staff from lobbying their former office
for 1 year and make recommendations for altering the time
frame;
(7) make recommendations to improve the process whereby
Members of Congress can earmark priorities in appropriations
Acts, while still preserving congressional power of the purse;
(8) evaluate the use of public and privately funded travel
by Members of Congress and staff, violations of Congressional
rules governing travel, and make recommendations on limiting
travel; and
(9) investigate and report to Congress on its findings,
conclusions, and recommendations for reform.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 10 members, of
whom--
(1) the chair and vice chair shall be selected by agreement
of the majority leader and minority leader of the House of
Representatives and the majority leader and minority leader of
the Senate;
(2) 2 members shall be appointed by the senior member of
the Senate leadership of the Republican Party, 1 of which is a
former member of the Senate;
(3) 2 members shall be appointed by the senior member of
the Senate leadership of the Democratic Party, 1 of which is a
former member of the Senate;
(4) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Republican Party, 1 of which is a former member of the House of
Representatives; and
(5) 2 members shall be appointed by the senior member of
the leadership of the House of Representatives of the
Democratic Party, 1 of which is a former member of the House of
Representatives.
(b) Qualifications; Initial Meeting.--
(1) Political party affiliation.--Five members of the
Commission shall be Democrats and 5 Republicans.
(2) Nongovernmental appointees.--An individual appointed to
the Commission may not be an officer or employee of the Federal
Government or any State or local government.
(3) Other qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent
United States citizens, with national recognition and
significant depth of experience in professions such as
governmental service, government consulting, government
contracting, the law, higher education, historian, business,
public relations, and fundraising.
(4) Deadline for appointment.--All members of the
Commission shall be appointed on a date 3 months after the date
of enactment of this Act.
(5) Initial meeting.--The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(c) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 5. FUNCTIONS OF COMMISSION.
The functions of the Commission are to submit to Congress a report
required by this Act containing such findings, conclusions, and
recommendations as the Commission shall determine, including proposing
organization, coordination, planning, management arrangements,
procedures, rules and regulations--
(1) related to section 3; or
(2) related to any other areas the commission unanimously
votes to be relevant to its mandate to recommend reforms to
strengthen ethical safeguards in Congress.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this Act--
(1) hold such hearings and sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) subject to subsection (b), require, by subpoena or
otherwise, the attendance and testimony of such witnesses and
the production of such books, records, correspondence,
memoranda, papers, and documents, as the Commission or such
designated subcommittee or designated member may determine
advisable.
(b) Subpoenas.--
(1) In general.--A subpoena may be issued under this
subsection only--
(A) by the agreement of the chair and the vice
chair; or
(B) by the affirmative vote of 6 members of the
Commission.
(2) Signature.--Subject to paragraph (1), subpoenas issued
under this subsection may be issued under the signature of the
chairman or any member designated by a majority of the
Commission, and may be served by any person designated by the
chairman or by a member designated by a majority of the
Commission.
(c) Obtaining Information.--Upon request of the Commission, the
head of any agency or instrumentality of the Federal Government shall
furnish information deemed necessary by the panel to enable it to carry
out its duties.
SEC. 7. ADMINISTRATION.
(a) Compensation.--Except as provided in subsection (b), members of
the Commission shall receive no additional pay, allowances, or benefits
by reason of their service on the Commission.
(b) Travel Expenses and Per Diem.--Each member of the Commission
shall receive travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United States Code.
(c) Staff and Support Services.--
(1) Staff director.--
(A) Appointment.--The Chair (or Co-Chairs) in
accordance with the rules agreed upon by the Commission
shall appoint a staff director for the Commission.
(B) Compensation.--The staff director shall be paid
at a rate not to exceed the rate established for level
V of the Executive Schedule under section 5315 of title
5, United States Code.
(2) Staff.--The Chair (or Co-Chairs) in accordance with the
rules agreed upon by the Commission shall appoint such
additional personnel as the Commission determines to be
necessary.
(3) Applicability of civil service laws.--The staff
director and other members of the staff of the Commission shall
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and shall be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates.
(4) Experts and consultants.--With the approval of the
Commission, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(d) Physical Facilities.--The Architect of the Capitol, in
consultation with the appropriate entities in the legislative branch,
shall locate and provide suitable office space for the operation of the
Commission on a nonreimbursable basis. The facilities shall serve as
the headquarters of the Commission and shall include all necessary
equipment and incidentals required for the proper functioning of the
Commission.
(e) Administrative Support Services and Other Assistance.--
(1) In general.--Upon the request of the Commission, the
Architect of the Capitol and the Administrator of General
Services shall provide to the Commission on a nonreimbursable
basis such administrative support services as the Commission
may request.
(2) Additional support.--In addition to the assistance set
forth in paragraph (1), departments and agencies of the United
States may provide the Commission such services, funds,
facilities, staff, and other support services as the Commission
may deem advisable and as may be authorized by law.
(f) Use of Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as Federal agencies
and shall, for purposes of the frank, be considered a commission of
Congress as described in section 3215 of title 39, United States Code.
(g) Printing.--For purposes of costs relating to printing and
binding, including the cost of personnel detailed from the Government
Printing Office, the Commission shall be deemed to be a committee of
the Congress.
SEC. 8. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
The appropriate Federal agencies or departments shall cooperate
with the Commission in expeditiously providing to the Commission
members and staff appropriate security clearances to the extent
possible pursuant to existing procedures and requirements, except that
no person shall be provided with access to classified information under
this Act without the appropriate security clearances.
SEC. 9. COMMISSION REPORTS; TERMINATION.
(a) Annual Reports.--The Commission shall submit--
(1) an initial report to Congress not later than July 1,
2006; and
(2) annual reports to Congress after the report required by
paragraph (1);
containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of Commission
members.
(b) Administrative Activities.--During the 60-day period beginning
on the date of submission of each annual report and the final report
under this section, the Commission shall--
(1) be available to provide testimony to committees of
Congress concerning such reports; and
(2) take action to appropriately disseminate such reports.
(c) Termination of Commission.--
(1) Final report.--At such time as a majority of the
members of the Commission determines that the reasons for the
establishment of the Commission no longer exist, the Commission
shall submit to Congress a final report containing information
described in subsection (a).
(2) Termination.--The Commission, and all the authorities
of this Act, shall terminate 60 days after the date on which
the final report is submitted under paragraph (1), and the
Commission may use such 60-day period for the purpose of
concluding its activities.
SEC. 10. FUNDING.
There are authorized such sums as necessary to carry out this Act. | Commission to Strengthen Confidence in Congress Act of 2006 - Establishes a Commission to Strengthen Confidence in Congress to evaluate and report to Congress on congressional ethics requirements, and recommend improvements to ethical safeguards. | A bill to establish a commission to strengthen confidence in Congress. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Leadership in Energy
Efficient Transportation Act of 2014'' or the ``FLEET Act''.
SEC. 2. PURPOSES.
The purposes of this Act are to provide for the upgrade of the
vehicle fleet of the United States Postal Service, to improve mail
delivery services to benefit customers and the environment, to increase
savings by reducing maintenance or other costs, and to set benchmarks
to maximize fuel economy and reduce emissions for the Postal fleet with
the goal of making the Postal Service a national leader in efficiency
and technology innovation.
SEC. 3. AUTHORITY TO ENTER INTO ENERGY SAVINGS PERFORMANCE CONTRACTS.
Section 804(4) of the National Energy Conservation Policy Act (42
U.S.C. 8287c(4)) is amended--
(1) in subparagraph (A), by striking ``or'' after the
semicolon;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(c) in the case of a contract in which the United
States Postal Service is a party--
``(i) the purchase or lease of low emission
and fuel efficient vehicles;
``(ii) a measure to upgrade a vehicle
owned, operated, leased, or otherwise
controlled by or assigned to the United States
Postal Service to increase average fuel economy
and reduce the emissions of carbon dioxide of
such vehicle; or
``(iii) the construction of infrastructure,
including electric vehicle charging stations,
to support vehicles described in clauses (i)
and (ii).''.
SEC. 4. UPGRADE OF POSTAL FLEET.
(a) Postal Fleet Requirements.--
(1) Motor vehicle standards.--The Postmaster General shall
develop guidelines for contracted vehicles and vehicles
purchased or leased for use by the Postal Service, that, at a
minimum, provide--
(A) for light-duty vehicles--
(i) that emissions of carbon dioxide comply
with applicable standards developed by the
Environmental Protection Agency under title II
of the Clean Air Act (42 U.S.C. 7521 et seq.)
and may not exceed, on average, 250 grams per
mile; and
(ii) to meet applicable average fuel
economy standards developed by the National
Highway Traffic Safety Administration under
chapter 329 of title 49, United States Code, of
34.1 miles per gallon; and
(B) for medium-duty and heavy-duty vehicles, that
comply with applicable standards--
(i) for emissions of carbon dioxide
developed by the Environmental Protection
Agency under title II of the Clean Air Act (42
U.S.C. 7521 et seq.); and
(ii) for average fuel economy developed by
the National Highway Traffic Safety
Administration under chapter 329 of title 49,
United States Code.
(2) Applicability.--The standards described in paragraph
(1) shall apply to contracted vehicles and vehicles purchased
or leased for use by the Postal Service after the date that is
1 year after the date of enactment of this Act.
(3) Reduction in consumption of petroleum products.--The
Postmaster General shall reduce the total consumption of
petroleum products by vehicles in the Postal fleet by a minimum
of 2 percent annually through the end of fiscal year 2025,
relative to the baseline established for fiscal year 2005.
(b) Replacing Vehicles Within the Postal Fleet.--The Postmaster
General shall conduct a cost-benefit analysis of vehicles in the Postal
fleet to determine if the cost to maintain any such vehicle outweighs
the benefit or savings of replacing the vehicle.
(c) Route Requirements.--To inform and prioritize purchases, the
Postmaster General shall review and identify Postal delivery routes to
determine if motor vehicles used on such routes can be replaced with
technologies that increase average fuel economy or reduce emissions of
carbon dioxide.
(d) Reporting Requirements.--The Postmaster General shall submit a
report to Congress--
(1) not later than 1 year after the date of enactment of
this Act, that contains a plan to achieve the requirements of
subsection (a) and recommendations for vehicle body design
specifications for vehicles purchased for the Postal fleet that
would increase average fuel economy and reduce emissions of
carbon dioxide of any such vehicle; and
(2) annually, that describes--
(A) the progress in meeting the annual target
described in subsection (a)(3); and
(B) any changes to Postal delivery routes or
vehicle purchase strategies made pursuant to subsection
(c).
(e) Restrictions.--To meet the requirements of this Act, the
Postmaster General may not--
(1) reduce the frequency of delivery of mail to fewer than
6 days each week;
(2) close post offices or postal distribution facilities;
(3) take any action that would restrict or diminish a
collective bargaining agreement or eliminate or reduce any
employee benefits; or
(4) enter into a contract with a private company to perform
duties that, as of the date of enactment of this Act, are
performed by bargaining unit employees.
SEC. 5. DEFINITIONS.
In this Act the following definitions apply:
(1) Contracted vehicle.--The term ``contracted vehicle''--
(A) means any motor vehicle used in carrying out a
contract for surface mail delivery pursuant to section
5005(a)(3) of title 39, United States Code; and
(B) does not include any motor vehicle used in
carrying out a contract for surface mail delivery
pursuant to sections 406 and 407 of such title.
(2) Motor vehicle.--The term ``motor vehicle'' means any
self-propelled vehicle designed for transporting persons or
property on a street or highway.
(3) Postal delivery route.--The term ``Postal delivery
route'' means the transportation route for surface mail
delivery.
(4) Postal fleet.--The term ``Postal fleet'' means any
vehicle that is owned, operated, leased, or otherwise
controlled by or assigned to the Postal Service.
(5) Postal service.--The term ``Postal Service'' means the
United States Postal Service. | Federal Leadership in Energy Efficient Transportation Act of 2014 or the FLEET Act - Amends the National Energy Conservation Policy Act to expand the definition of "energy or water conservation measure" under such Act to include, in the case of a contract in which the U.S. Postal Service (USPS) is a party: (1) the purchase or lease of low emission and fuel efficient vehicles; (2) the upgrade of USPS vehicles to increase average fuel economy and reduce carbon dioxide emissions; or (3) the construction of infrastructure to support such vehicles, including electric vehicle charging stations. Directs the Postmaster General to develop guidelines for USPS vehicles that provide for specified carbon dioxide emissions and fuel economy standards. | FLEET Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chesapeake Bay Gateways and
Watertrails Act of 1997''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chesapeake bay gateways sites.--The term ``Chesapeake
Bay Gateways sites'' means the Chesapeake Bay Gateways sites
identified under section 5(a)(2).
(2) Chesapeake bay gateways and watertrails network.--The
term ``Chesapeake Bay Gateways and Watertrails Network'' means
the network of Chesapeake Bay Gateways sites and Chesapeake Bay
Watertrails created under section 5(a)(5).
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
Watershed'' shall have the meaning determined by the Secretary.
(4) Chesapeake bay watertrails.--The term ``Chesapeake Bay
Watertrails'' means the Chesapeake Bay Watertrails established
under section 5(a)(4).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (acting through the Director of the National
Park Service).
SEC. 3. FINDINGS.
Congress finds that--
(1) the Chesapeake Bay is a national treasure and a
resource of international significance;
(2) the region within the Chesapeake Bay watershed
possesses outstanding natural, cultural, historical, and
recreational resources that combine to form nationally
distinctive and linked waterway and terrestrial landscapes;
(3) there is a need to study and interpret the connection
between the unique cultural heritage of human settlements
throughout the Chesapeake Bay Watershed and the waterways and
other natural resources that led to the settlements and on
which the settlements depend; and
(4) as a formal partner in the Chesapeake Bay Program, the
Secretary has an important responsibility--
(A) to further assist regional, State, and local
partners in efforts to increase public awareness of and
access to the Chesapeake Bay;
(B) to help communities and private landowners
conserve important regional resources; and
(C) to study, interpret, and link the regional
resources with each other and with Chesapeake Bay
Watershed conservation, restoration, and education
efforts.
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to identify opportunities for increased public access
to and education about the Chesapeake Bay;
(2) to provide financial and technical assistance to
communities for conserving important natural, cultural,
historical, and recreational resources within the Chesapeake
Bay Watershed; and
(3) to link appropriate national parks, waterways,
monuments, parkways, wildlife refuges, other national historic
sites, and regional or local heritage areas into a network of
Chesapeake Bay Gateways sites and Chesapeake Bay Watertrails.
SEC. 5. CHESAPEAKE BAY GATEWAYS AND WATERTRAILS NETWORK.
(a) In General.--The Secretary shall provide technical and
financial assistance, in cooperation with other Federal agencies, State
and local governments, nonprofit organizations, and the private
sector--
(1) to identify, conserve, restore, and interpret natural,
recreational, historical, and cultural resources within the
Chesapeake Bay Watershed;
(2) to identify and utilize the collective resources as
Chesapeake Bay Gateways sites for enhancing public education of
and access to the Chesapeake Bay;
(3) to link the Chesapeake Bay Gateways sites with trails,
tour roads, scenic byways, and other connections as determined
by the Secretary;
(4) to develop and establish Chesapeake Bay Watertrails
comprising water routes and connections to Chesapeake Bay
Gateways sites and other land resources within the Chesapeake
Bay Watershed; and
(5) to create a network of Chesapeake Bay Gateways sites
and Chesapeake Bay Watertrails.
(b) Components.--Components of the Chesapeake Bay Gateways and
Watertrails Network may include--
(1) State or Federal parks or refuges;
(2) historic seaports;
(3) archaeological, cultural, historical, or recreational
sites; or
(4) other public access and interpretive sites as selected
by the Secretary.
SEC. 6. CHESAPEAKE BAY GATEWAYS GRANTS ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall establish a Chesapeake Bay
Gateways Grants Assistance Program to aid State and local governments,
local communities, nonprofit organizations, and the private sector in
conserving, restoring, and interpreting important historic, cultural,
recreational, and natural resources within the Chesapeake Bay
Watershed.
(b) Criteria.--The Secretary shall develop appropriate eligibility,
prioritization, and review criteria for grants under this section.
(c) Matching Funds and Administrative Expenses.--A grant under this
section--
(1) shall not exceed 50 percent of eligible project costs;
(2) shall be made on the condition that non-Federal
sources, including in-kind contributions of services or
materials, provide the remainder of eligible project costs; and
(3) shall be made on the condition that not more than 10
percent of all eligible project costs be used for
administrative expenses.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$3,000,000 for each fiscal year. | Chesapeake Bay Gateways and Watertrails Act of 1997 - Directs the Secretary of the Interior to provide technical and financial assistance to: (1) identify, conserve, restore, and interpret natural, recreational, historical, and cultural resources within the Chesapeake Bay watershed; (2) identify and utilize such sources as Chesapeake Bay Gateways sites for enhancing public education of and access to the Bay; (3) link such Gateways sites with trails, roads, byways, and other connections; (4) develop and establish Chesapeake Bay Watertrails comprising water routes and connections to the Gateways sites and other land resources within the watershed; and (5) create a network of Gateways sites and Watertrails, including within such network State or Federal parks or refuges, historic seaports, and archaeological, cultural, historical, or recreational sites.
Directs the Secretary to establish a Chesapeake Bay Gateways Grants Assistance Program.
Authorizes appropriations. | Chesapeake Bay Gateways and Watertrails Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Little Shell Tribe of Chippewa
Indians Restoration Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Little Shell Tribe of Chippewa Indians is a
political successor to signatories of the Pembina Treaty of
1863, under which a large area of land in the State of North
Dakota was ceded to the United States;
(2) the Turtle Mountain Band of Chippewa of North Dakota
and the Chippewa-Cree Tribe of the Rocky Boy's Reservation of
Montana, which also are political successors to the signatories
of the Pembina Treaty of 1863, have been recognized by the
Federal Government as distinct Indian tribes;
(3) the members of the Little Shell Tribe continue to live
in the State of Montana, as their ancestors have for more than
100 years since ceding land in the State of North Dakota as
described in paragraph (1);
(4) in the 1930s and 1940s, the Tribe repeatedly petitioned
the Federal Government for reorganization under the Act of June
18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the
``Indian Reorganization Act'');
(5) Federal agents who visited the Tribe and Commissioner
of Indian Affairs John Collier attested to the responsibility
of the Federal Government for the Tribe and members of the
Tribe, concluding that members of the Tribe are eligible for,
and should be provided with, trust land, making the Tribe
eligible for reorganization under the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian
Reorganization Act'');
(6) due to a lack of Federal appropriations during the
Depression, the Bureau of Indian Affairs lacked adequate
financial resources to purchase land for the Tribe, and the
members of the Tribe were denied the opportunity to reorganize;
(7) in spite of the failure of the Federal Government to
appropriate adequate funding to secure land for the Tribe as
required for reorganization under the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian
Reorganization Act''), the Tribe continued to exist as a
separate community, with leaders exhibiting clear political
authority;
(8) the Tribe, together with the Turtle Mountain Band of
Chippewa of North Dakota and the Chippewa-Cree Tribe of the
Rocky Boy's Reservation of Montana, filed 2 law suits under the
Act of August 13, 1946 (60 Stat. 1049) (commonly known as the
``Indian Claims Commission Act''), to petition for additional
compensation for land ceded to the United States under the
Pembina Treaty of 1863 and the McCumber Agreement of 1892;
(9) in 1971 and 1982, pursuant to Acts of Congress, the
tribes received awards for the claims described in paragraph
(8);
(10) in 1978, the Tribe submitted to the Bureau of Indian
Affairs a petition for Federal recognition, which is still
pending as of the date of enactment of this Act; and
(11) the Federal Government, the State of Montana, and the
other federally recognized Indian tribes of the State have had
continuous dealings with the recognized political leaders of
the Tribe since the 1930s.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means an individual who is
enrolled in the Tribe pursuant to section 7.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Little Shell Tribe
of Chippewa Indians of Montana.
SEC. 4. FEDERAL RECOGNITION.
(a) In General.--Federal recognition is extended to the Tribe.
(b) Effect of Federal Laws.--Except as otherwise provided in this
Act, all Federal laws (including regulations) of general application to
Indians and Indian tribes, including the Act of June 18, 1934 (25
U.S.C. 461 et seq.) (commonly known as the ``Indian Reorganization
Act''), shall apply to the Tribe and members.
SEC. 5. FEDERAL SERVICES AND BENEFITS.
(a) In General.--Beginning on the date of enactment of this Act,
the Tribe and each member shall be eligible for all services and
benefits provided by the United States to Indians and federally
recognized Indian tribes, without regard to--
(1) the existence of a reservation for the Tribe; or
(2) the location of the residence of any member on or near
an Indian reservation.
(b) Service Area.--For purposes of the delivery of services and
benefits to members, the service area of the Tribe shall be considered
to be the area comprised of Blaine, Cascade, Glacier, and Hill Counties
in the State of Montana.
SEC. 6. REAFFIRMATION OF RIGHTS.
(a) In General.--Nothing in this Act diminishes any right or
privilege of the Tribe or any member that existed before the date of
enactment of this Act.
(b) Claims of Tribe.--Except as otherwise provided in this Act,
nothing in this Act alters or affects any legal or equitable claim of
the Tribe to enforce any right or privilege reserved by, or granted to,
the Tribe that was wrongfully denied to, or taken from, the Tribe
before the date of enactment of this Act.
SEC. 7. MEMBERSHIP ROLL.
(a) In General.--As a condition of receiving recognition, services,
and benefits pursuant to this Act, the Tribe shall submit to the
Secretary, by not later than 18 months after the date of enactment of
this Act, a membership roll consisting of the name of each individual
enrolled as a member of the Tribe.
(b) Determination of Membership.--The qualifications for inclusion
on the membership roll of the Tribe shall be determined in accordance
with sections 1 through 3 of article 5 of the constitution of the Tribe
dated September 10, 1977 (including amendments to the constitution).
(c) Maintenance of Roll.--The Tribe shall maintain the membership
roll under this section.
SEC. 8. TRANSFER OF LAND.
(a) Homeland.--The Secretary shall acquire, for the benefit of the
Tribe, trust title to 200 acres of land within the service area of the
Tribe to be used for a tribal land base.
(b) Additional Land.--The Secretary may acquire additional land for
the benefit of the Tribe pursuant to section 5 of the Act of June 18,
1934 (25 U.S.C. 465) (commonly known as the ``Indian Reorganization
Act''). | Little Shell Tribe of Chippewa Indians Restoration Act of 2007 - Extends federal recognition to the Little Shell Tribe of Chippewa Indians of Montana. Makes the Tribe and each member eligible for all services and benefits provided by the United States to Indians and federally recognized Indian tribes, without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near an Indian reservation.
Directs the Tribe, as a condition of receiving recognition, services, and benefits pursuant to this Act, to submit to the Secretary of the Interior a membership roll consisting of the name of each individual enrolled as a member of the Tribe. Requires the Tribe to maintain such membership roll.
Directs the Secretary to acquire, for the benefit of the Tribe, trust title to 200 acres of land within the Tribe's service area to be used for a tribal land base. | A bill to extend the Federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Prior User Rights Act of
1994''.
SEC. 2. DEFENSE TO PATENT INFRINGEMENT BASED ON PRIOR USE.
(a) In General.--Chapter 28 of title 35, United States Code, is
amended by adding at the end thereof the following new section:
``Sec. 273. Rights based on prior use; defense to infringement
``(a) Definitions.--For purposes of this section--
``(1) the term `commercially used' means used in the
production of commercial products, whether or not the
processes, equipment, tooling, or other materials so used are
normally accessible, available, or otherwise known to the
public;
``(2) the term `effective and serious preparation' means
that a person has--
``(A) actually reduced to practice the subject
matter for which rights based on prior use are claimed;
and
``(B) made a substantial portion of the total
investment necessary, for the subject matter to be
commercially used; and
``(3) the `effective filing date' of an application for
patent is the earlier of the actual filing date of the
application or the filing date of any earlier United States,
foreign, or international application to which the subject
matter at issue is entitled under sections 119, 120, or 365 of
this title.
``(b) In General.--
``(1) Defense.--A person shall not be liable as an
infringer of a patent under section 271 of this title with
respect to any subject matter claimed in the patent that such
person had commercially used in the United States, or made
effective and serious preparation therefor in the United
States, before the effective filing date of the application for
the patent.
``(2) Good faith purchasers.--A person who purchases in
good faith a product that results directly from a use or
preparation therefor described in paragraph (1) shall not be
liable as an infringer for continuing the use of the product
purchased, or for selling to another person the product
purchased.
``(c) Limitation of Defense.--Rights based on prior use under this
section are not a general license under all claims of the patent, but,
subject to subsection (d), extend only to the claimed subject matter
that the person asserting the defense based on prior use had
commercially used or made effective and serious preparation therefor
before the effective filing date of the application for the patent.
``(d) Certain Variations and Improvements Not an Infringement.--The
rights under this section based on prior use shall include the right to
vary quantities or volumes, or to make improvements, that do not
infringe claims other than those claims that, but for subsection (b),
would have been infringed as of the effective date of the application
for patent.
``(e) Qualifications.--
``(1) Rights are personal.--The rights under this section
based on prior use are personal and may not be licensed or
assigned or transferred to any other person except in
connection with the good faith assignment or transfer of the
entire business or enterprise or the entire line of business or
enterprise to which the rights relate.
``(2) Exclusions.--(A) A person may not claim rights under
this section based on prior use if the activity under which
such person claims the rights was based on information obtained
or derived from the patentee or those in privity with the
patentee.
``(B) If the activity under which a person claims rights
under this section based on prior use is abandoned on or after
the effective filing date of the application for the patent,
such person may claim such rights only for that period of
activity which occurred before abandonment.
``(f) Burden of Proof.--In any action in which a person claims a
defense to infringement under this section, the burden of proof for
establishing the defense shall be on the person claiming rights based
on prior use.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 28 of title 35, United States Code, is amended by adding at the
end thereof the following:
``273. Rights based on prior use; defense to infringement.''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), this Act and
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Existing Patent Claims.--This Act and the amendments made by
this Act shall apply to any action for infringement that is brought, on
or after the date of the enactment of this Act, by a patentee in a case
in which the effective filing date (as defined in section 273(a)(2) of
title 35, United States Code) of the application for patent is before
such date of enactment, only if--
(1) no other action for the same act or acts of
infringement was brought before such date of enactment, and
(2) there has been no notice of infringement under section
287 of title 35, United States Code, as of October 1, 1994,
with respect to the same act or acts of infringement.
(c) Equitable Compensation.--In any action for infringement to
which subsection (b) applies and in which the defense of prior user
rights under section 273 of title 35, United States Code (as added by
this Act), is asserted and determined to be valid by the court, the
court may grant equitable compensation to the patentee, notwithstanding
subsection (b) of such section 273. Such equitable compensation may be
based on all actions of the person asserting the defense that were
carried out after notice of infringement under section 287 of title 35,
United States Code, which would constitute infringement of the patent
but for section 273 of such title (as added by this Act).
Passed the Senate October 8 (legislative day, September
12), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Patent Prior User Rights Act of 1994 - Provides that a person may not be liable as a patent infringer with respect to any subject matter claimed in the patent that such person had commercially used in the United States or made effective and serious preparation therefor in the United States before the effective filing date of the patent application. Declares that a person who purchases in good faith a product that results directly from such a use or preparation shall not be liable as an infringer for continuing the use of the product purchased or for selling such product to another person. Provides that rights based on prior use are not a general license under all claims of the patent but extend only to the claimed subject matter that the person asserting the prior use defense had commercially used or made effective and serious preparation therefor before the effective filing date of the patent application.
Includes within rights based on prior use the right to vary quantities or volumes or to make improvements that do not infringe claims other than those claims that would have been infringed as of the effective filing of the patent application.
Provides that rights based on prior use are personal and may not be licensed, assigned, or transferred to another except in connection with the assignment or transfer of the entire business or enterprise to which the rights relate.
Bars claims of rights based on prior use if the activity under which the person claims the rights was: (1) based on information derived from the patentee; or (2) abandoned on or after the effective filing date. (Permits such claims only for the period of activity that occurred before abandonment.)
Provides that the burden of proof for establishing the defense shall be on the person claiming rights based on prior use.
Establishes conditions under which this Act applies to actions for infringement in cases where the effective filing date of the patent application is before this Act's enactment date. Authorizes the court to grant equitable compensation to the patentee in such cases, subject to certain conditions. | Patent Prior User Rights Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Privacy Bill of Rights
Act of 1998''.
TITLE I--INTERNET PRIVACY PROTECTION FOR CHILDREN
SEC. 101. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH THE COLLECTION AND USE OF PERSONAL
INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.
(a) Regulations.--
(1) In general.--It shall be unlawful for any operator of a
website or online service that is directed to children, or any
operator that has actual knowledge that it is collecting
personal information from a child, to collect personal
information from a child under the age of 13 in violation of
the regulations prescribed under paragraph (2).
(2) Contents.--Not later than one year after the date of
enactment of this Act, the Commission shall prescribe
regulations to prevent the improper collection of information
from children under the age of 13. Such regulations shall--
(A) require that any website or online service that
is directed to children that collects personal
information from children--
(i) provide clear, prominent,
understandable notice of the information
collection, use, and disclosure practices of
the operator through the website or online
service;
(ii) obtain verifiable parental consent for
the collection, use, or disclosure of personal
information from children who are under the age
of 13; and
(iii) provide a parent--
(I) access to the personal
information of the child of that parent
collected by that website or online
service; and
(II) the opportunity to refuse to
permit any further use or future
collection of personal information
referred to in subclause (I) and notice
of that opportunity; and
(B) require that the operator of the website or
online service concerned to establish and maintain
reasonable procedures to ensure the confidentiality,
security, accuracy, and integrity of personal
information collected from children through the website
or online service.
(b) Enforcement.--
(1) Treatment of regulations.--A regulation prescribed
under subsection (a) shall be treated as a rule defining an
unfair or deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Enforcement.--Subject to section 103, a violation of a
regulation prescribed under subsection (a) 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.
SEC. 102. SAFE HARBORS.
(a) In General.--In prescribing regulations under section 101, the
Federal Trade Commission shall provide incentives for efforts of self-
regulation by commercial website operators to implement the protections
described in subsection (a) of that section.
(b) Safe Harbors.--The incentives referred to in subsection (a)
shall include provisions for ensuring that a person will be deemed to
be in compliance with the requirements of the regulations under section
101 if that person applies guidelines that--
(1) are issued by appropriate representatives of the
computer industry; and
(2) are approved by the Federal Trade Commission upon
making a determination that the guidelines meet the
requirements of the regulations issued under section 101.
SEC. 103. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.--Except as otherwise provided, this title shall be
enforced by the Federal Trade Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(b) Provisions.--Compliance with the requirements imposed under
this title shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25(a) of the Federal Reserve Act (12
U.S.C. 601 et seq. and 611 et seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, by the Secretary of
Transportation with respect to any air carrier or foreign air
carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (b) of its powers under any Act
referred to in that subsection, a violation of any requirement imposed
under this title shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision
of law specifically referred to in subsection (a), each of the agencies
referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this title, any
other authority conferred on it by law.
(d) Actions by the Commission.--The Federal Trade Commission shall
prevent any person from violating a rule of the Federal Trade
Commission under section 101 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 title. Any
entity that violates such rule shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this title.
(e) Effect on Other Laws.--Nothing contained in the Act shall be
construed to limit the authority of the Federal Trade Commission under
any other provisions of law.
SEC. 104. REVIEW.
(a) In General.--Not later than 5 years after the effective date of
the regulations initially issued under section 101, the Federal Trade
Commission shall--
(1) review the implementation of this title, including the
effect of the implementation of this title on practices
relating to the disclosure of information relating to children;
and
(2) prepare and submit to Congress a report the results of
the review under paragraph (1).
SEC. 105. DEFINITIONS.
In this title:
(1) Child.--The terms ``child'' and ``children'' means an
individual or individuals, respectively, under the age of 16.
(2) Operator.--The term ``operator'' means any person
operating a website on the World Wide Webs for commercial
purposes, or operating any online service, and includes any
person offering products or services for sale though that
website or online service, involving commerce--
(A) among the several States or with 1 or more
foreign nations;
(B) in any territory of the United States or in the
District of Columbia, or between any such territory--
(i) and another such territory; or
(ii) and any State or foreign nation; or
(C) between the District of Columbia and any State,
territory, or foreign nation.
Such term does not include any non-profit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).
(3) Disclosure.--The term ``disclosure'' means, with
respect to personal information--
(A) the release of information in identifiable form
by a person to any other person for any purpose; or
(B) making publicly available information in
identifiable form by any means including by a public
posting, through the use of a computer on or through--
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(4) Parent.--The term ``parent'' means a legal guardian,
including a biological or adoptive parent.
(5) Personal information.--The term ``personal
information'' means individually, identifiable information
about an individual, including--
(A) a first and last name;
(B) a home or other physical address;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number; or
(F) any other information that would facilitate or
enable the physical or online locating and contacting
of a specific individual, including information that is
associated with an identifier described in this
paragraph in such manner as to become identifiable to a
specific individual.
(6) Verifiable parental consent.--The term ``verifiable
parental consent'' means any reasonable effort (taking into
consideration available technology) to ensure that a parent of
a child authorizes the disclosure of personal information and
subsequent use of that information before that information is
collected from that child.
(7) Website directed to children.--The term ``website
directed to children''--
(A) means a commercial website that is--
(i) targeted to children;
(ii) directed to children by reason of the
subject matter, visual content, age of models,
language, characters, tone, message, or any
other similar characteristic of the website; or
(iii) used by a commercial website operator
to knowingly collect information from children;
and
(B) includes any commercial website any portion of
which is directed to children, as specified in
subparagraph (A).
TITLE II--EXAMINATIONS OF INTERNET PRIVACY PROTECTIONS FOR ADULTS
SEC. 201. FEDERAL TRADE COMMISSION EXAMINATION.
(a) Proceeding Required.--Within 6 months after the date of
enactment of this Act, the Federal Trade Commission shall commence a
proceeding--
(1) to determine whether consumers are able, and, if not,
the methods by which consumers may be enabled--
(A) to have knowledge that consumer information is
being collected about them through their utilization of
various telecommunications services and systems;
(B) to receive conspicuous notice that such
information could be used, or is intended to be used,
without authorization by the entity collecting the data
for reasons unrelated to the original communications,
or that such information could be sold (or is intended
to be sold) to other companies or entities;
(C) to give notice to indicate the particular
privacy preferences of the consumer with respect to the
practices described in subparagraphs (A) and (B);
(D) to exercise control over the collection of
personal information and to stop the unauthorized use,
reuse, disclosure, or sale of that information;
(2) to solicit and review comment from the public and the
National Telecommunication and Information Administration on
the changes proposed pursuant to paragraph (3); and
(3) to prepare recommendations to the Congress for any
legislative changes required to correct such defects.
(b) Schedule for Federal Trade Commission Responses.--The Federal
Trade Commission shall, within 1 year after the date of enactment of
this Act--
(1) complete any rulemaking required to revise Commission
regulations to correct any defects in such regulations
identified pursuant to subsection (a); and
(2) submit to Congress a report containing the
recommendations required by subsection (a)(5).
SEC. 202. FEDERAL COMMUNICATIONS COMMISSION EXAMINATION.
(a) Proceeding Required.--Within 6 months after the date of
enactment of this Act, the Federal Communications Commission shall
commence a proceeding--
(1) to examine the impact of interconnected communications
networks of telephone, cable, satellite, wireless devices, and
other technologies on the privacy rights and remedies of the
consumers of those technologies, as described in paragraphs (1)
and (2) of section 101(a);
(2) to determine whether consumers are able, and, if not,
the methods by which consumers may be enabled to exercise such
rights and remedies;
(3) to determine whether common carriers have taken
adequate steps to secure the communications infrastructure and
its components against unauthorized interception of
communications and other personal information;
(4) to propose changes in the Commission's regulations to
ensure that the effect on consumer privacy rights is considered
in the introduction of new telecommunications services and that
the protection of such privacy rights and network security is
incorporated as necessary in the design of such services or the
rules regulating such services;
(5) to propose changes in the Commission's regulations as
necessary to correct any defects identified pursuant to this
section in such rights, remedies, and security;
(6) to solicit and review comment from the public and the
National Telecommunication and Information Administration on
the changes proposed pursuant to paragraph (5); and
(7) to prepare recommendations to the Congress for any
legislative changes required to correct such defects.
(b) Schedule for Federal Communications Commission Responses.--The
Federal Communications Commission shall, within 1 year after the date
of enactment of this Act--
(1) complete any rulemaking required to revise Commission
regulations to correct defects in such regulations identified
pursuant to subsection (a); and
(2) submit to the Congress a report containing the
recommendations required by subsection (a)(6). | TABLE OF CONTENTS:
Title I: Internet Privacy Protection for Children
Title II: Examinations of Internet Privacy Protections for
Adults
Electronic Privacy Bill of Rights Act of 1998 -
Title I: Internet Privacy Protection for Children
- Makes it unlawful for any operator of a website or online service directed to children to collect personal information from a child under 13 in violation of mandated regulations. Treats violations as unfair or deceptive acts or practices under the Federal Trade Commission Act.
(Sec. 102) Requires that the regulations provide incentives for self-regulation, including deeming compliance if a person applies guidelines issued by computer industry representatives and approved by the Federal Trade Commission.
Title II: Examinations of Internet Privacy Protections for Adults
- Directs the Commission to report to the Congress and make related rule changes regarding: (1) whether consumers are able and, if not, how consumers may be enabled, to know that information is being collected about them through their use of telecommunications systems and to exercise control over the collection, use, reuse, disclosure, or sale of the information; (2) the impact of interconnected communications technologies on consumer privacy rights and remedies. | Electronic Privacy Bill of Rights Act of 1998 |
TITLE I--ADDITION OF CAT ISLAND TO GULF ISLANDS NATIONAL SEASHORE
SEC. 101. BOUNDARY ADJUSTMENT TO INCLUDE CAT ISLAND.
(a) In General.--The first section of Public Law 91-660 (16 U.S.C.
459h) is amended--
(1) in the first sentence, by striking ``That, in'' and
inserting the following:
``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.
``(a) Establishment.--In''; and
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and
indenting appropriately;
(B) by striking ``The seashore shall comprise'' and
inserting the following:
``(b) Composition.--
``(1) In general.--The seashore shall comprise the areas
described in paragraphs (2) and (3).
``(2) Areas included in boundary plan numbered ns-gi-
7100j.--The areas described in this paragraph are'': and
(C) by adding at the end the following:
``(3) Cat island.--Upon its acquisition by the Secretary,
the area described in this paragraph is the parcel consisting
of approximately 2,000 acres of land on Cat Island,
Mississippi, as generally depicted on the map entitled
`Boundary Map, Gulf Islands National Seashore, Cat Island,
Mississippi', numbered 635/80085, and dated November 9, 1999
(referred to in this title as the `Cat Island Map').
``(4) Availability of map.--The Cat Island Map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.''.
(b) Acquisition Authority.--Section 2 of Public Law 91-660 (16
U.S.C. 459h-1) is amended--
(1) in the first sentence of subsection (a), by striking
``lands,'' and inserting ``submerged land, land,''; and
(2) by adding at the end the following:
``(e) Acquisition Authority.--
``(1) In general.--The Secretary may acquire, from a
willing seller only--
``(A) all land comprising the parcel described in
subsection (b)(3) that is above the mean line of
ordinary high tide, lying and being situated in
Harrison County, Mississippi;
``(B) an easement over the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map for the purpose of implementing an agreement
with the owners of the parcel concerning the
development and use of the parcel; and
``(C)(i) land and interests in land on Cat Island
outside the 2,000-acre area depicted on the Cat Island
Map; and
``(ii) submerged land that lies within 1 mile
seaward of Cat Island (referred to in this title as the
`buffer zone'), except that submerged land owned by the
State of Mississippi (or a subdivision of the State)
may be acquired only by donation.
``(2) Administration.--
``(A) In general.--Land and interests in land
acquired under this subsection shall be administered by
the Secretary, acting through the Director of the
National Park Service.
``(B) Buffer zone.--Nothing in this title or any
other provision of law shall require the State of
Mississippi to convey to the Secretary any right,
title, or interest in or to the buffer zone as a
condition for the establishment of the buffer zone.
``(3) Modification of boundary.--The boundary of the
seashore shall be modified to reflect the acquisition of land
under this subsection only after completion of the
acquisition.''.
(c) Regulation of Fishing.--Section 3 of Public Law 91-660 (16
U.S.C. 459h-2) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) No Authority To Regulate Maritime Activities.--Nothing in
this title or any other provision of law shall affect any right of the
State of Mississippi, or give the Secretary any authority, to regulate
maritime activities, including nonseashore fishing activities
(including shrimping), in any area that, on the date of enactment of
this subsection, is outside the designated boundary of the seashore
(including the buffer zone).''.
(d) Authorization of Management Agreements.--Section 5 of Public
Law 91-660 (16 U.S.C. 459h-4) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
and
(2) by adding at the end the following:
``(b) Agreements.--
``(1) In general.--The Secretary may enter into
agreements--
``(A) with the State of Mississippi for the
purposes of managing resources and providing law
enforcement assistance, subject to authorization by
State law, and emergency services on or within any land
on Cat Island and any water and submerged land within
the buffer zone; and
``(B) with the owners of the approximately 150-acre
parcel depicted as the `Boddie Family Tract' on the Cat
Island Map concerning the development and use of the
land.
``(2) No authority to enforce certain regulations.--Nothing
in this subsection authorizes the Secretary to enforce Federal
regulations outside the land area within the designated
boundary of the seashore.''.
(e) Authorization of Appropriations.--Section 11 of Public Law 91-
660 (16 U.S.C. 459h-10) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Authorization for Acquisition of Land.--In addition to the
funds authorized by subsection (a), there are authorized to be
appropriated such sums as are necessary to acquire land and submerged
land on and adjacent to Cat Island, Mississippi.''.
TITLE II--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Pecos National Historical Park
Land Exchange Act of 2000''.
SEC. 202. DEFINITIONS.
As used in this title--
(1) the term ``Secretaries'' means the Secretary of the
Interior and the Secretary of Agriculture;
(2) the term ``landowner'' means Harold and Elisabeth
Zuschlag, owners of land within the Pecos National Historical
Park; and
(3) the term ``map'' means a map entitled ``Proposed Land
Exchange for Pecos National Historical Park'', numbered 430/
80,054, and dated November 19, 1999, revised September 18,
2000.
SEC. 203. LAND EXCHANGE.
(a) Upon the conveyance by the landowner to the Secretary of the
Interior of the lands identified in subsection (b), the Secretary of
Agriculture shall convey the following lands and interests to the
landowner, subject to the provisions of this title:
(1) Approximately 160 acres of Federal lands and interests
therein within the Santa Fe National Forest in the State of New
Mexico, as generally depicted on the map.
(2) The Secretary of the Interior shall convey an easement
for water pipelines to two existing well sites, located within
the Pecos National Historical Park, as provided in this
paragraph.
(A) The Secretary of the Interior shall determine
the appropriate route of the easement through Pecos
National Historical Park and such route shall be a
condition of the easement. The Secretary of the
Interior may add such additional terms and conditions
relating to the use of the well and pipeline granted
under this easement as he deems appropriate.
(B) The easement shall be established, operated,
and maintained in compliance with all Federal laws.
(b) The lands to be conveyed by the landowner to the Secretary of
the Interior comprise approximately 154 acres within the Pecos National
Historical Park as generally depicted on the map.
(c) The Secretary of Agriculture shall convey the lands and
interests identified in subsection (a) only if the landowner conveys a
deed of title to the United States, that is acceptable to and approved
by the Secretary of the Interior.
(d) Terms and Conditions.--
(1) In general.--Except as otherwise provided in this
title, the exchange of lands and interests pursuant to this
title shall be in accordance with the provisions of section 206
of the Federal Land Policy and Management Act (43 U.S.C. 1716)
and other applicable laws including the National Environmental
Policy Act (42 U.S.C. 4321 et seq.).
(2) Valuation and appraisals.--The values of the lands and
interests to be exchanged pursuant to this title shall be
equal, as determined by appraisals using nationally recognized
appraisal standards including the Uniform Appraisal Standards
for Federal Land Acquisition. The Secretaries shall obtain the
appraisals and insure they are conducted in accordance with the
Uniform Appraisal Standards for Federal Land Acquisition. The
appraisals shall be paid for in accordance with the exchange
agreement between the Secretaries and the landowner.
(3) Completion of the exchange.--The exchange of lands and
interests pursuant to this title shall be completed not later
than 180 days after National Environmental Policy Act
requirements have been met and after the Secretary of the
Interior approves the appraisals. The Secretaries shall report
to the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives upon the successful completion
of the exchange.
(4) Additional terms and conditions.--The Secretaries may
require such additional terms and conditions in connection with
the exchange of lands and interests pursuant to this title as
the Secretaries consider appropriate to protect the interests
of the United States.
(5) Equalization of values.--
(A) The Secretary of Agriculture shall equalize the
values of Federal land conveyed under subsection (a)
and the land conveyed to the Federal Government under
subsection (b)--
(i) by the payment of cash to the Secretary
of Agriculture or the landowner, as
appropriate, except that notwithstanding
section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), the
Secretary of Agriculture may accept a cash
equalization payment in excess of 25 percent of
the value of the Federal land; or
(ii) if the value of the Federal land is
greater than the land conveyed to the Federal
government, by reducing the acreage of the
Federal land conveyed.
(B) Disposition of funds.--Any funds received by
the Secretary of Agriculture as cash equalization
payment from the exchange under this section shall be
deposited into the fund established by Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C.
484a) and shall be available for expenditure, without
further appropriation, for the acquisition of land and
interests in the land in the State of New Mexico.
SEC. 204. BOUNDARY ADJUSTMENT AND MAPS.
(a) Upon acceptance of title by the Secretary of the Interior of
the lands and interests conveyed to the United States pursuant to
section 203 of this title, the boundaries of the Pecos National
Historical Park shall be adjusted to encompass such lands. The
Secretary of the Interior shall administer such lands in accordance
with the provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to establish
a National Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1, 2-4).
(b) The map shall be on file and available for public inspection in
the appropriate offices of the Secretaries.
(c) Not later than 180 days after completion of the exchange
described in section 203, the Secretaries shall transmit the map
accurately depicting the lands and interests conveyed to the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Resources of the United States House of Representatives.
Passed the Senate October 27 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | Declares that the State of Mississippi shall not be required to convey to the Secretary any right, title, or interest in or to the buffer zone as a condition for the establishment of such buffer zone.
Retains State of Mississippi regulatory authority over maritime activities, including nonseashore fishing activities in areas outside the designated seashore boundary (including the buffer zone).
Authorizes the Secretary to enter into agreements with: (1) the State of Mississippi for law enforcement and resource management purposes; and (2) the owners of the "Boddie Family Tract."
Authorizes appropriations for land acquisition.
Title II: Pecos National Historical Park Land Exchange
- Pecos National Historical Park Land Exchange Act of 2000 - Provides for a land exchange between private landowners, the Secretary of the Interior, and the Secretary of Agriculture under which certain lands will be added to the Pecos National Historical Park in New Mexico in exchange for certain lands (and a related easement) within the Santa Fe National Forest in New Mexico. Requires the equalization of values of lands exchanged. | Pecos National Historical Park Land Exchange Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prostate Cancer Detection Research
and Education Act''.
SEC. 2. PLAN TO DEVELOP AND VALIDATE A TEST OR TESTS FOR PROSTATE
CANCER.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary''), acting through the
Director of the National Institutes of Health, shall establish an
advisory council on prostate cancer (referred to in this Act as the
``advisory council'') to draft a plan for the development and
validation of an accurate test or tests, such as biomarkers or imaging,
to detect and diagnose prostate cancer.
(b) Advisory Council.--
(1) Membership.--
(A) Federal members.--The advisory council shall be
comprised of the following experts:
(i) A designee of the Centers for Disease
Control and Prevention.
(ii) A designee of the Centers for Medicare
& Medicaid Services.
(iii) A designee of the Office of the
Director of the National Cancer Institute.
(iv) A designee of the Director of the
Department of Defense Congressionally Directed
Medical Research Program.
(v) A designee of the Director of the
National Institute of Biomedical Imaging and
Bioengineering.
(vi) A designee of the Director of the
National Institute of General Medical Sciences.
(vii) A designee of the Director of the
National Institute on Minority Health and
Health Disparities.
(viii) A designee of the Office of the
Director of the National Institutes of Health.
(ix) A designee of the Food and Drug
Administration.
(x) A designee of the Agency for Healthcare
Research and Quality.
(xi) A designee of the Director of the
Telemedicine and Advanced Technology Research
Center of the Department of Defense.
(B) Non-federal members.--In addition to the
members described in subparagraph (A), the advisory
council shall include 8 expert members from outside the
Federal Government to be appointed by the Secretary,
which shall include--
(i) 2 prostate cancer patient advocates;
(ii) 2 health care providers with a range
of expertise and experience in prostate cancer;
and
(iii) 4 leading researchers with prostate
cancer-related expertise in a range of clinical
disciplines.
(2) Meetings.--The advisory council shall meet quarterly
and such meetings shall be open to the public.
(3) Advice.--The advisory council shall advise the
Secretary, or the Secretary's designee.
(4) Annual report.--Not later than 1 year after the date of
enactment of this Act, the advisory council shall provide to
the Secretary, or the Secretary's designee and Congress--
(A) an initial evaluation of all federally funded
efforts in prostate cancer research relating to the
development and validation of an accurate test or tests
to detect and diagnose prostate cancer;
(B) a plan for the development and validation of a
reliable test or tests for the detection and accurate
diagnosis of prostate cancer; and
(C) a set of standards for prostate cancer
screening, developed in coordination with the United
States Preventive Services Task Force, to ensure that
any tools for screening, detection, and diagnosis
developed in accordance with the plan under
subparagraph (B) will meet the requirements of the Task
Force for recommendation as a proven preventive or
diagnostic service.
(5) Termination.--The advisory council shall terminate on
December 31, 2016.
(c) Funding.--The Secretary may make available $1,000,000 from
amounts appropriated to the National Institutes of Health for each of
fiscal years 2013 through 2017 to carry out this section.
SEC. 3. COORDINATION AND INTENSIFICATION OF PROSTATE CANCER RESEARCH.
(a) In General.--The Director of the National Institutes of Health,
in consultation with the Secretary of Defense, shall coordinate and
intensify research in accordance with the plan developed under section
2(b)(4)(B), with particular attention provided to leveraging existing
research to develop and validate a test or tests, such as biomarkers or
imaging, to detect and accurately diagnose prostate cancer in order to
improve quality of life for millions of Americans, and decrease health
care system costs.
(b) Funding.--The Secretary may make available $30,000,000 from
amounts appropriated to the National Institutes of Health for each of
fiscal years 2014 through 2018 to carry out this section.
SEC. 4. PUBLIC AWARENESS AND EDUCATION CAMPAIGN.
(a) National Campaign.--The Secretary, in coordination with the
Director of the National Institutes of Health and the Director of the
Centers for Disease Control and Prevention, shall carry out a national
campaign to increase the awareness and knowledge of prostate cancer.
(b) Requirements.--The national campaign conducted under subsection
(a) shall include--
(1) roles for the National Cancer Institute, the National
Institute on Minority Health and Health Disparities, the Office
on Minority Health of the Department of Health and Human
Services, and the Office of Minority Health of the Centers for
Disease Control and Prevention; and
(2) the development and distribution of written educational
materials, and the development and placing of public service
announcements, that are intended to encourage men to seek
prostate cancer screening when symptoms are present, when they
have a family history of prostate cancer, or if they belong to
a high-risk population.
(c) Racial Disparities.--In developing the national campaign under
subsection (a), the Secretary shall recognize and address--
(1) the racial disparities in the incidences of prostate
cancer and mortality rates with respect to such disease; and
(2) any barriers in access to patient care and
participation in clinical trials that are specific to racial
minorities.
(d) Grants.--The Secretary shall establish a program to award
grants to nonprofit private entities to enable such entities to test
alternative outreach and education strategies to increase the awareness
and knowledge of Americans with respect to prostate cancer.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $5,000,000 for each of fiscal
years 2013 through 2017. | Prostate Cancer Detection Research and Education Act - Requires the Secretary of Health and Human Services (HHS), acting through the Director of the National Institutes of Health (NIH), to establish an advisory council on prostate cancer to draft a plan for the development and validation of an accurate test or tests to detect and diagnose prostate cancer. Terminates the advisory council on December 31, 2016.
Requires the Director of the National Institutes of Health (NIH) to coordinate and intensify research in accordance with the plan developed under this Act, with particular attention provided to leveraging existing research to develop and validate a test or tests, such as biomarkers or imaging, to detect and accurately diagnose prostate cancer.
Requires the Secretary to: (1) carry out a national campaign to increase the awareness and knowledge of prostate cancer, and (2) award grants to nonprofit private entities to test alternative outreach and education strategies to increase the awareness and knowledge of Americans with respect to prostate cancer. | To provide for research and education to improve screening, detection and diagnosis of prostate cancer. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Igniting American Research Act''.
SEC. 2. 1-YEAR EXTENSION OF RESEARCH CREDIT; ALTERNATIVE SIMPLIFIED
RESEARCH CREDIT INCREASED AND MADE PERMANENT.
(a) 1-Year Extension of Credit.--
(1) In general.--Subparagraph (B) of section 41(h)(1) of
the Internal Revenue Code of 1986 is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(2) Conforming amendment.--Subparagraph (D) of section
45C(b)(1) of such Code is amended by striking ``December 31,
2013'' and inserting ``December 31, 2014''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2013.
(b) Alternative Simplified Research Credit Increased and Made
Permanent.--
(1) Increased credit.--Subparagraph (A) of section 41(c)(5)
of such Code (relating to election of alternative simplified
credit) is amended by striking ``14 percent (12 percent in the
case of taxable years ending before January 1, 2009)'' and
inserting ``20 percent''.
(2) Credit made permanent.--
(A) In general.--Subsection (h) of section 41 of
such Code is amended by redesignating the paragraph (2)
relating to computation of taxable year in which credit
terminates as paragraph (4) and by inserting before
such paragraph the following new paragraph:
``(3) Termination not to apply to alternative simplified
credit.--Paragraph (1) shall not apply to the credit determined
under subsection (c)(5).''.
(B) Conforming amendment.--Paragraph (4) of section
41(h) of such Code, as redesignated by subparagraph
(A), is amended to read as follows:
``(4) Computation for taxable year in which credit
terminates.--In the case of any taxable year with respect to
which this section applies to a number of days which is less
than the total number of days in such taxable year, the amount
determined under subsection (c)(1)(B) with respect to such
taxable year shall be the amount which bears the same ratio to
such amount (determined without regard to this paragraph) as
the number of days in such taxable year to which this section
applies bears to the total number of days in such taxable
year.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after December 31, 2013.
SEC. 3. BIOTECHNOLOGY RESEARCH.
(a) 20 Percent Credit for Payments to Biotechnology Research
Consortium for Biotechnology Research.--
(1) In general.--Section 41(a)(3) of the Internal Revenue
Code of 1986 is amended by inserting ``or a biotechnology
research consortium for biotechnology research'' before the
period at the end.
(2) Limitation.--Section 41(a) of the Internal Revenue Code
of 1986 is amended by adding at the end the following flush
sentence: ``The amounts taken into account for purposes of
paragraph (3) for a taxable year may not exceed the greater of
20 percent of the amounts paid or incurred by the taxpayer
during the taxable year (including as contributions) to an
energy research consortium for energy research or 20 percent of
the amounts paid or incurred by the taxpayer during the taxable
year (including as contributions) to a biotechnology research
consortium for biotechnology research.''.
(b) Biotechnology Contract Research Expenses.--Section
41(b)(3)(D)(i) of the Internal Revenue Code of 1986 is amended by
striking ``energy research'' and inserting ``energy or biotechnology
research''.
(c) Special Rules.--Subparagraphs (A)(ii) and (B)(ii) of section
41(f)(1) of the Internal Revenue Code of 1986 are both amended by
striking ``consortiums,'' and inserting ``consortiums and to
biotechnology research consortiums,''.
(d) Biotechnology Research Consortium Defined.--Section 41(f) of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(7) Biotechnology research consortium.--
``(A) In general.--The term `biotechnology research
consortium' means any organization--
``(i) which is--
``(I) described in section
501(c)(3) and is exempt from tax under
section 501(a) and is organized and
operated primarily to conduct
biotechnology research, or
``(II) organized and operated
primarily to conduct biotechnology
research in the public interest (within
the meaning of section 501(c)(3)),
``(ii) which is not a private foundation,
``(iii) to which at least 3 unrelated
persons paid or incurred during the calendar
year in which the taxable year of the
organization begins amounts (including as
contributions) to such organization for
biotechnology research, and
``(iv) to which no single person paid or
incurred (including as contributions) during
such calendar year an amount equal to more than
50 percent of the total amounts received by
such organization during such calendar year for
biotechnology research.
``(B) Applicable rules.--For purposes of
subparagraph (A), rules similar to the rules of
subparagraphs (B), (C) (applied by substituting
`biotechnology' for `research'), and (D) of paragraph
(6) shall apply.
``(C) Biotechnology research.--The term
`biotechnology research' does not include--
``(i) any research which is not qualified
research, and
``(ii) any research which is energy
research.''.
(e) Energy Research Consortium.--Section 41(f)(A)(iii) of the
Internal Revenue Code of 1986 is amended by striking ``5 unrelated
persons'' and inserting ``3 unrelated persons''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013. | Igniting American Research Act - Amends the Internal Revenue Code, with respect to the tax credit for increasing research expenditures, to: (1) extend such credit through 2014; (2) increase the rate of the alternative simplified research tax credit to 20% and make such credit permanent; (3) allow a 20% research tax credit for payments to a tax-exempt biotechnology research consortium for biotechnology research; and (4) modify the requirements relating to the eligibility of an energy research consortium for the tax credit to require at least 3 unrelated persons (currently, 5 unrelated persons) to make payments to such a consortium for energy research. | Igniting American Research Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Independence and
Security Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal plain.--The term ``Coastal Plain'' means the
area described in appendix I to part 37 of title 50, Code of
Federal Regulations.
(2) Federal agreement.--The term ``Federal Agreement''
means the Federal Agreement and Grant Right-of-Way for the
Trans-Alaska Pipeline issued on January 23, 1974, in accordance
with section 28 of the Mineral Leasing Act (30 U.S.C. 185) and
the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651 et
seq.).
(3) Final statement.--The term ``Final Statement'' means
the final legislative environmental impact statement on the
Coastal Plain, dated April 1987, and prepared pursuant to--
(A) section 1002 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3142); and
(B) section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) Map.--The term ``map'' means the map entitled ``Arctic
National Wildlife Refuge'', dated September 2005, and prepared
by the United States Geological Survey.
(5) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior; or
(B) the designee of the Secretary.
SEC. 3. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.
(a) In General.--
(1) Authorization.--Congress authorizes the exploration,
leasing, development, production, and economically feasible and
prudent transportation of oil and gas in and from the Coastal
Plain.
(2) Actions.--The Secretary shall take such actions as are
necessary--
(A) to establish and implement, in accordance with
this Act, a competitive oil and gas leasing program
that will result in an environmentally sound program
for the exploration, development, and production of the
oil and gas resources of the Coastal Plain; and
(B) to administer this Act through regulations,
lease terms, conditions, restrictions, prohibitions,
stipulations, and other provisions that--
(i) ensure the oil and gas exploration,
development, and production activities on the
Coastal Plain will result in no significant
adverse effect on fish and wildlife, fish and
wildlife habitat, subsistence resources, and
the environment; and
(ii) require the application of the best
commercially available technology for oil and
gas exploration, development, and production to
all exploration, development, and production
operations under this Act in a manner that
ensures the receipt of fair market value by the
public for the mineral resources to be leased.
(b) Repeal.--
(1) Repeal.--Section 1003 of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3143) is repealed.
(2) Conforming amendment.--The table of contents contained
in section 1 of that Act (16 U.S.C. 3101 note) is amended by
striking the item relating to section 1003.
(c) Compliance With Requirements Under Certain Other Laws.--
(1) Compatibility.--For purposes of the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd et
seq.)--
(A) the oil and gas preleasing and leasing program,
and activities authorized by this section in the
Coastal Plain, shall be considered to be compatible
with the purposes for which the Arctic National
Wildlife Refuge was established; and
(B) no further findings or decisions shall be
required to implement that program and those
activities.
(2) Adequacy of the department of the interior's
legislative environmental impact statement.--The Final
Statement shall be considered to satisfy the requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) that apply with respect to preleasing, including
exploration programs and actions authorized to be taken by the
Secretary to develop and promulgate the regulations for the
establishment of a leasing program authorized by this Act
before the conduct of the first lease sale.
(3) Compliance with nepa for other actions.--
(A) In general.--Before conducting the first lease
sale under this Act, the Secretary shall prepare an
environmental impact statement in accordance with the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the actions authorized by
this Act that are not referred to in paragraph (2).
(B) Identification and analysis.--Notwithstanding
any other provision of law, in carrying out this
paragraph, the Secretary shall not--
(i) identify nonleasing alternative courses
of action; or
(ii) analyze the environmental effects of
those courses of action.
(C) Identification of preferred action.--Not later
than 1 year after the date of enactment of this Act,
the Secretary shall identify only a preferred action
and a single leasing alternative for the first lease
sale authorized under this Act.
(D) Effect of compliance.--Notwithstanding any
other provision of law, compliance with this paragraph
shall be considered to satisfy all requirements for the
analysis and consideration of the environmental effects
of proposed leasing under this Act.
(d) Relationship to State and Local Authority.--Nothing in this Act
expands or limits any State or local regulatory authority.
(e) Limitation on Closed Areas.--The Secretary shall not close land
within the Coastal Plain to oil and gas leasing or to exploration,
development, or production except in accordance with this Act.
(f) Regulations.--Not later than 1 year after the date of enactment
of this Act, in consultation with the State of Alaska, the North Slope
Borough, Alaska, and the Arctic Slope Regional Corporation, the
Secretary shall promulgate such regulations as are necessary to carry
out this Act.
SEC. 4. LEASE SALES.
(a) In General.--Land may be leased pursuant to this Act to any
person qualified to obtain a lease for deposits of oil and gas under
the Mineral Leasing Act (30 U.S.C. 181 et seq.).
(b) Procedures.--The Secretary shall, by regulation, establish
procedures for--
(1) receipt and consideration of sealed nominations for any
area in the Coastal Plain for inclusion in a lease sale;
(2) the holding of lease sales after the nomination process
described in paragraph (1); and
(3) public notice of and comment on designation of areas to
be included in, or excluded from, a lease sale.
(c) Lease Sale Bids.--Bidding for leases under this Act shall be by
sealed competitive cash bonus bids.
(d) Acreage Minimum in First Sale.--For the first lease sale under
this Act, the Secretary shall offer for lease those tracts the
Secretary considers to have the greatest potential for the discovery of
hydrocarbons, taking into consideration nominations received pursuant
to subsection (b)(1), but in no case less than 200,000 acres.
(e) Timing of Lease Sales.--The Secretary shall--
(1) not later than 18 months after the date of enactment of
this Act, conduct the first lease sale under this Act;
(2) not later than 1 year after the date on which the first
lease sale is conducted under paragraph (1), conduct a second
lease sale under this Act; and
(3) conduct additional sales at appropriate intervals if
sufficient interest in exploration or development exists to
warrant the conduct of the additional sales.
SEC. 5. GRANT OF LEASES BY THE SECRETARY.
(a) In General.--Upon payment by a lessee of such bonus as may be
accepted by the Secretary, the Secretary shall grant to the highest
responsible qualified bidder in a lease sale conducted pursuant to
section 4 a lease for any land on the Coastal Plain.
(b) Subsequent Transfers.--
(1) In general.--No lease issued under this Act may be
sold, exchanged, assigned, sublet, or otherwise transferred
except with the approval of the Secretary.
(2) Condition for approval.--Before granting any approval
described in paragraph (1), the Secretary shall consult with
and give due consideration to the opinion of the Attorney
General.
SEC. 6. LEASE TERMS AND CONDITIONS.
(a) In General.--An oil or gas lease issued pursuant to this Act
shall--
(1) provide for the payment of a royalty of not less than
12\1/2\ percent of the amount or value of the production
removed or sold from the lease, as determined by the Secretary
in accordance with regulations applicable to other Federal oil
and gas leases;
(2) provide that the Secretary, after consultation with the
State of Alaska, North Slope Borough, Alaska, and the Arctic
Slope Regional Corporation, may close, on a seasonal basis,
such portions of the Coastal Plain to exploratory drilling
activities as are necessary to protect caribou calving areas
and other species of fish and wildlife;
(3) require that each lessee of land within the Coastal
Plain shall be fully responsible and liable for the reclamation
of land within the Coastal Plain and any other Federal land
that is adversely affected in connection with exploration,
development, production, or transportation activities within
the Coastal Plain conducted by the lessee or by any of the
subcontractors or agents of the lessee;
(4) provide that the lessee may not delegate or convey, by
contract or otherwise, the reclamation responsibility and
liability described in paragraph (3) to another person without
the express written approval of the Secretary;
(5) provide that the standard of reclamation for land
required to be reclaimed under this Act shall be, to the
maximum extent practicable--
(A) a condition capable of supporting the uses that
the land was capable of supporting prior to any
exploration, development, or production activities; or
(B) upon application by the lessee, to a higher or
better standard, as approved by the Secretary;
(6) contain terms and conditions relating to protection of
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment as required under section
3(a)(2); and
(7) provide that each lessee, and each agent and contractor
of a lessee, shall use their best efforts to provide a fair
share of employment and contracting for Alaska Natives and
Alaska Native Corporations from throughout the State of Alaska,
as determined by the level of obligation previously agreed to
in the Federal Agreement.
(b) Project Labor Agreements.--The Secretary, as a term and
condition of each lease under this Act, and in recognizing the
proprietary interest of the Federal Government in labor stability and
in the ability of construction labor and management to meet the
particular needs and conditions of projects to be developed under the
leases issued pursuant to this Act (including the special concerns of
the parties to those leases), shall require that each lessee, and each
agent and contractor of a lessee, under this Act negotiate to obtain a
project labor agreement for the employment of laborers and mechanics on
production, maintenance, and construction under the lease.
SEC. 7. COASTAL PLAIN ENVIRONMENTAL PROTECTION.
(a) No Significant Adverse Effect Standard To Govern Authorized
Coastal Plain Activities.--In accordance with section 3, the Secretary
shall administer this Act through regulations, lease terms, conditions,
restrictions, prohibitions, stipulations, or other provisions that--
(1) ensure, to the maximum extent practicable, that oil and
gas exploration, development, and production activities on the
Coastal Plain will result in no significant adverse effect on
fish and wildlife, fish and wildlife habitat, subsistence
resources, and the environment;
(2) require the application of the best commercially
available technology for oil and gas exploration, development,
and production on all new exploration, development, and
production operations; and
(3) ensure that the maximum surface acreage covered in
connection with the leasing program by production and support
facilities, including airstrips and any areas covered by gravel
berms or piers for support of pipelines, does not exceed 2,000
acres on the Coastal Plain.
(b) Site-Specific Assessment and Mitigation.--The Secretary shall
require, with respect to any proposed drilling and related activities
on the Coastal Plain, that--
(1) a site-specific environmental analysis be made of the
probable effects, if any, that the drilling or related
activities will have on fish and wildlife, fish and wildlife
habitat, subsistence resources, and the environment;
(2) a plan be implemented to avoid, minimize, and mitigate
(in that order and to the maximum extent practicable) any
significant adverse effect identified under paragraph (1); and
(3) the development of the plan occur after consultation
with--
(A) each agency having jurisdiction over matters
mitigated by the plan;
(B) the State of Alaska;
(C) North Slope Borough, Alaska; and
(D) the Arctic Slope Regional Corporation.
(c) Regulations To Protect Coastal Plain Fish and Wildlife
Resources, Subsistence Users, and the Environment.--Before implementing
the leasing program authorized by this Act, the Secretary shall prepare
and promulgate regulations, lease terms, conditions, restrictions,
prohibitions, stipulations, or other measures designed to ensure, to
the maximum extent practicable, that the activities carried out on the
Coastal Plain under this Act are conducted in a manner consistent with
the purposes and environmental requirements of this Act.
(d) Compliance With Federal and State Environmental Laws and Other
Requirements.--The regulations, lease terms, conditions, restrictions,
prohibitions, and stipulations for the leasing program under this Act
shall require--
(1) compliance with all applicable provisions of Federal
and State environmental law (including regulations); and
(2) implementation of and compliance with--
(A) standards that are at least as effective as the
safety and environmental mitigation measures, as
described in items 1 through 29 on pages 167 through
169 of the Final Statement;
(B) reclamation and rehabilitation requirements in
accordance with this Act for the removal from the
Coastal Plain of all oil and gas development and
production facilities, structures, and equipment on
completion of oil and gas production operations, except
in a case in which the Secretary determines that those
facilities, structures, or equipment--
(i) would assist in the management of the
Arctic National Wildlife Refuge; and
(ii) are donated to the United States for
that purpose; and
(C) reasonable stipulations for protection of
cultural and archaeological resources.
(e) Access to Public Land.--The Secretary shall--
(1) manage public land in the Coastal Plain in accordance
with subsections (a) and (b) of section 811 of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3121); and
(2) ensure that local residents shall have reasonable
access to public land in the Coastal Plain for traditional
uses.
SEC. 8. FEDERAL AND STATE DISTRIBUTION OF REVENUES.
(a) In General.--Notwithstanding any other provision of law, of the
amount of bonus, rental, and royalty revenues from oil and gas leasing
and operations authorized under this Act--
(1) 50 percent shall be paid to the State of Alaska; and
(2) the balance shall be deposited in the Treasury of the
United States.
(b) Payments to Alaska.--Payments to the State of Alaska under this
section shall be made on a monthly basis.
SEC. 9. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.
For purposes of section 1102(4)(A) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3162(4)(A)), any rights-of-way or
easements across the Coastal Plain for the exploration, development,
production, or transportation of oil and gas shall be considered to be
established incident to the management of the Coastal Plain under this
section.
SEC. 10. CONVEYANCE.
Notwithstanding section 1302(h)(2) of the Alaska National Interest
Lands Conservation Act (16 U.S.C. 3192(h)(2)), to remove any cloud on
title to land, and to clarify land ownership patterns in the Coastal
Plain, the Secretary shall--
(1) to the extent necessary to fulfill the entitlement of
the Kaktovik Inupiat Corporation under sections 12 and 14 of
the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613),
as determined by the Secretary, convey to that Corporation the
surface estate of the land described in paragraph (1) of Public
Land Order 6959, in accordance with the terms and conditions of
the agreement between the Secretary, the United States Fish and
Wildlife Service, the Bureau of Land Management, and the
Kaktovik Inupiat Corporation, dated January 22, 1993; and
(2) convey to the Arctic Slope Regional Corporation the
remaining subsurface estate to which that Corporation is
entitled under the agreement between that corporation and the
United States, dated August 9, 1983. | American Energy Independence and Security Act of 2014 - Authorizes the exploration, leasing, development, production, and economically feasible and prudent transportation of oil and gas in and from the Coastal Plain of Alaska. Directs the Secretary of the Interior to establish a competitive oil and gas leasing program for oil and gas exploration, development, and production on the Coastal Plain. Amends the Alaska National Interest Lands Conservation Act to repeal the prohibition against production of oil and gas from the Arctic National Wildlife Refuge. States that, in connection with specified environmental protection laws, the Secretary shall neither: (1) identify nonleasing alternative courses of action, nor (2) analyze the environmental effects of those actions. Prohibits the Secretary from closing land within the Coastal Plain to oil and gas leasing, exploration, development, or production except in accordance with this Act. Directs the Secretary, within one year after the first lease sale is conducted under this Act, to conduct a second lease sale (and additional sales if sufficient interest in exploration or development exists). Prescribes procedures for lease sales and lease grants on the Coastal Plain that include the requirement that the standard for land reclamation be either: (1) a condition capable of supporting the uses that the land was capable of supporting before any exploration, development, or production activities; or (2) a higher or better standard, as approved by the Secretary, upon the lessee's application. Prescribes Coastal Plain environmental protection standards that require the Secretary to administer this Act: (1) using a no significant adverse effect standard to govern authorized Coastal Plain activities; (2) implementing site-specific assessment and mitigation measures; (3) promulgating regulations to protect coastal plain fish and wildlife resources, subsistence users, and the environment; (4) requiring compliance with federal and state environmental laws; and (5) ensuring that local residents have reasonable access to public land for traditional uses. Prescribes a revenue allocation scheme derived from bonus, rental, and royalty revenues from federal oil and gas leasing and operations authorized under this Act, including monthly payments to the state of Alaska. Deems any rights-of-way or easements across the Coastal Plain for the exploration, development, production, or transportation of oil and gas to be established incident to the management of the Coastal Plain. Requires the Secretary to convey to: (1) the Kaktovik Inupiat Corporation the surface estate of certain land, and (2) the Arctic Slope Regional Corporation the remaining subsurface estate to which that Corporation is entitled under a specified agreement. | American Energy Independence and Security Act of 2014 |
SECTION 1. ADDITIONAL TAX ON MOTOR FUELS.
(a) 50-Cent Increase Over the Next 5 Calendar Years.--
(1) Gasoline.--Subparagraph (B)(iii) of section 4081(a)(2)
of the Internal Revenue Code of 1986 (relating to rates of tax)
is amended by striking ``2.5 cents a gallon'' and inserting
``2.5 cents a gallon, increased by 10 cents a gallon in each
calendar year beginning after December 31, 1993, and ending
before January 1, 1999''.
(2) Diesel fuel.--Paragraph (4) of section 4091(b) of the
Internal Revenue Code of 1986 (relating to rates of tax) is
amended by striking ``2.5 cents a gallon'' and inserting ``2.5
cents a gallon, increased by 10 cents a gallon in each calendar
year beginning after December 31, 1993, and ending before
January 1, 1999''.
(b) Floor Stocks Tax.--
(1) Imposition of tax.--On gasoline or diesel fuel subject
to tax under section 4081 or 4091 of the Internal Revenue Code
of 1986, which on the first day of any tax increase calendar
year is held by a dealer for sale, there is hereby imposed a
floor stocks tax equal to the tax increase for such year.
(2) Application of other laws.--All other provisions of
law, including penalties, applicable with respect to the taxes
imposed by sections 4081 and 4091 of such Code shall apply to
the floor stocks tax imposed by this subsection.
(3) Due date of tax.--The taxes imposed by this subsection
shall be paid before February 15th of the calendar year to
which the tax relates.
(4) Definitions.--For purposes of this subsection--
(A) Dealer.--The term ``dealer'' includes a
wholesaler, jobber, distributor, or retailer.
(B) Held by a dealer.--An article shall be
considered as ``held by a dealer'' if title thereto has
passed to such dealer (whether or not delivery to the
dealer has been made) and if, for purposes of
consumption, title to such article or possession
thereof has not at any time been transferred to any
person other than a dealer.
(C) Tax increase calendar year.--The term ``tax
increase calendar year'' means any calendar year
beginning after December 31, 1993, in which the deficit
reduction rate or the diesel deficit reduction rate has
increased over such rate for the preceding calendar
year.
(c) Conforming Amendments.--
(1) Section 4081(d)(3) of the Internal Revenue Code of 1986
is amended by striking ``1995'' and inserting ``1999''.
(2) Section 4091(b)(6)(D) of such Code is amended by
striking ``1995'' and inserting ``1999''.
(3) Section 4041(m)(1)(A) of such Code is amended by
striking ``1.25 cents per gallon'' and inserting ``one-half of
the deficit reduction rate in effect under section 4081 at the
time of such sale or use''.
(d) Effective Date.--The amendments made by this section shall
apply to gasoline removed (as defined in section 4082 of the Internal
Revenue Code of 1986) and sales of diesel fuel (as defined in section
4092(a)(2) of such Code) made after December 31, 1993.
SEC. 2. EXPANSION AND SIMPLIFICATION OF EARNED INCOME TAX CREDIT.
(a) General Rule.--Section 32 of the Internal Revenue Code of 1986
(relating to earned income credit) is amended by striking subsections
(a) and (b) and inserting the following:
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
credit percentage of so much of the taxpayer's earned income
for the taxable year as does not exceed the earned income
amount.
``(2) Limitation.--The amount of the credit allowable to a
taxpayer under paragraph (1) for any taxable year shall not
exceed the excess (if any) of--
``(A) the credit percentage of the earned income
amount, over
``(B) the phaseout percentage of so much of the
adjusted gross income (or, if greater, the earned
income) of the taxpayer for the taxable year as exceeds
the phaseout amount.
``(b) Percentages and Amounts.--For purposes of subsection (a)--
``(1) Percentages.--The credit percentage and the phaseout
percentage shall be determined as follows:
``(A) In general.--In the case of taxable years
beginning after 1994:
In the case of an eligible
individual with: The credit percentage is: The phaseout percentage is:
1 qualifying child.......... 34.37........................... 16.16
2 or more qualifying 39.66........................... 19.83
children.
No qualifying children...... 7.65............................ 7.65
``(B) Transitional percentages.--In the case of a
taxable year beginning in 1994:
In the case of an
eligible individual The credit percentage is: The phaseout percentage is:
with:
1 qualifying child...... 26.60........................... 16.16
2 or more qualifying 31.59........................... 15.79
children.
No qualifying children.. 7.65............................ 7.65
``(2) Amounts.--The earned income amount and the phaseout
amount shall be determined as follows:
``(A) In general.--In the case of taxable years
beginning after 1994:
In the case of an eligible
individual with: The earned income amount is: The phaseout amount is:
1 qualifying child.......... $6,000.......................... $11,000
2 or more qualifying $8,500.......................... $11,000
children.
No qualifying children...... $4,000.......................... $5,000
``(B) Transitional amounts.--In the case of a
taxable year beginning in 1994:
In the case of an
eligible individual The earned income amount is: The phaseout amount is:
with:
1 qualifying child...... $7,750.......................... $11,000
2 or more qualifying $8,500.......................... $11,000
children.
No qualifying children.. $4,000.......................... $5,000''.
(b) Eligible Individual.--Subparagraph (A) of section 32(c)(1) of
the Internal Revenue Code of 1986 (defining eligible individual) is
amended to read as follows:
``(A) In general.--The term `eligible individual'
means--
``(i) any individual who has a qualifying
child for the taxable year, or
``(ii) any other individual who does not
have a qualifying child for the taxable year,
if--
``(I) such individual's principal
place of abode is in the United States
for more than one-half of such taxable
year,
``(II) such individual (or, if the
individual is married, the individual's
spouse) has attained age 22 before the
close of the taxable year, and
``(III) such individual (or, if the
individual is married, the individual's
spouse) is not a dependent for whom a
deduction is allowable under section
151 to another taxpayer for any taxable
year beginning in the same calendar
year as such taxable year.''
(c) Inflation Adjustments.--Section 32(i) of the Internal Revenue
Code of 1986 (relating to inflation adjustments) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) In general.--In the case of any taxable year
beginning after 1994, each dollar amount contained in
subsection (b)(2)(A) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3), for the calendar year in which
the taxable year begins, by substituting `calendar year
1993' for `calendar year 1992'.'', and
(2) by redesignating paragraph (3) as paragraph (2).
(d) Conforming Amendments.--
(1) Subparagraph (D) of section 32(c)(3) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``clause (i) or (ii)'' in clause
(iii) and inserting ``clause (i)'',
(B) by striking clause (ii), and
(C) by redesignating clause (iii) as clause (ii).
(2) Paragraph (3) of section 162(l) of such Code is amended
to read as follows:
``(3) Coordination with medical deduction.--Any amount paid
by a taxpayer for insurance to which paragraph (1) applies
shall not be taken into account in computing the amount
allowable to the taxpayer as a deduction under section
213(a).''
(3) Section 213 of such Code is amended by striking
subsection (f).
(4) Subsection (b) of section 3507 of such Code is amended
by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively, and by inserting after paragraph (1) the
following new paragraph:
``(2) certifies that the employee has 1 or more qualifying
children (within the meaning of section 32(c)(3)) for such
taxable year,''.
(5) Subparagraph (B) of section 3507(c)(2) of such Code is
amended by striking clauses (i) and (ii) and inserting the
following:
``(i) of not more than the credit
percentage in effect under section 32(b)(1) for
an eligible individual with 1 qualifying child
and with earned income not in excess of the
earned income amount in effect under section
32(b)(2) for such an eligible individual, which
``(ii) phases out at the phaseout
percentage in effect under section 32(b)(1) for
such an eligible individual between the
phaseout amount in effect under section
32(b)(2) for such an eligible individual and
the amount of earned income at which the credit
under section 32(a) phases out for such an
eligible individual, or''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993. | Amends the Internal Revenue Code to increase the gasoline deficit reduction rate and the diesel fuel deficit reduction rate by ten cents a gallon beginning after December 31, 1993, and ending before January 1, 1999.
Increases the earned income credit and includes families without qualifying children. | A bill to reduce the Federal budget deficit and encourage energy conservation through an increase in the motor fuels excise tax, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors' Medication Copayment
Reduction Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A growing body of evidence demonstrates that patient-
level financial barriers, including copayments and coinsurance
for medications, systematically reduce the use of high value
medical services.
(2) Empirical studies demonstrate that reductions in cost-
sharing can mitigate the adverse health consequences
attributable to cost related decreases in the utilization of
prescription medications and reduce aggregate medical
expenditures as a result.
(3) Financial barriers to prescription medications that are
of high value should be reduced or eliminated to increase
adherence to prescribed medication.
(4) Value-Based Insurance Design recognizes that medical
services and prescription medications differ in the clinical
benefit achieved and that patient out-of-pocket costs should be
adjusted according to the value of the services provided.
(5) The current ``one size fits all'' copayment or
coinsurance design for medications provided under the Medicare
program does not recognize the well-established value
differences in health outcomes produced by various medical
interventions.
(6) The establishment by Medicare of copayment and
coinsurance requirements for medications using Value-Based
Insurance Design will optimize clinical gains for each dollar
spent, which would be a benefit to seniors and a fiscally
responsible use of taxpayer dollars.
SEC. 3. DEMONSTRATION PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Health and Human Services (in this
section referred to as the ``Secretary'') shall establish a
demonstration program to test Value-Based Insurance Design
methodologies for Medicare beneficiaries with chronic conditions.
(b) Demonstration Program Design.--
(1) In general.--The Secretary shall select not less than 2
Medicare Advantage plans to participate in this demonstration
program under this section initially.
(2) Requirements.--A plan selected to participate in the
demonstration program under paragraph (1) shall meet the
following requirements:
(A) The plan offers a coordinated Part D drug
benefit.
(B) The plan and organization offering such plan
meet such other criteria as the Secretary determines
appropriate.
(c) Duration.--
(1) In general.--Subject to subsection (b), the
demonstration program under this section shall be conducted for
a 5-year period.
(2) Expansion of demonstration program; implementation of
demonstration program results.--
(A) Expansion of demonstration program.--If the
report under paragraph subsection (e) or (f)(3)
contains an evaluation that the demonstration program
under this section--
(i) reduces expenditures under the Medicare
program; or
(ii) does not increase expenditures under
the Medicare program and increases the quality
of health care services provided to Medicare
beneficiaries,
then the Secretary shall continue the existing
demonstration program and may expand the demonstration
program.
(B) Implementation of demonstration program
results.--If the report under subsection (e) or (f)(3)
contains an evaluation contained in clause (i) or (ii)
of subparagraph (A), the Secretary may issue
regulations to implement, on a permanent basis, the
components of the demonstration program that are
beneficial to the Medicare program.
(d) Value-Based Insurance Design Methodology.--
(1) Reduction of copayments and coinsurance.--Utilizing
Value-Based Insurance Design methodologies, the Secretary shall
identify each medication for which the amount of the copayment
or coinsurance payable should be reduced or eliminated.
(2) Value-based insurance design.--For purposes of this
section, ``Value-Based Insurance Design'' is a methodology for
identifying specific medications or classes of medications for
which copayments or coinsurance should be reduced or eliminated
due to the high value and effectiveness of such medications
when prescribed for particular clinical conditions.
(3) Particular medications.--In identifying medications for
purposes of paragraph (1), the Secretary shall, at a minimum,
consider the medications utilized in the treatment of the
following conditions:
(A) Asthma.
(B) Atrial fibrillation.
(C) Deep venous thrombosis.
(D) Chronic obstructive pulmonary disease.
(E) Chronic renal failure.
(F) Congestive heart failure.
(G) Coronary artery disease.
(H) Myocardial infarction.
(I) Depression.
(J) Epilepsy.
(K) Diabetes mellitus.
(L) Hypertension.
(M) Hypothyroidism.
(N) Schizophrenia.
(O) Tobacco abuse disorder.
(e) Report on Implementation.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the implementation by the Secretary of the
demonstration program under this section.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A statement setting forth each medication
identified pursuant to subsection (d)(1).
(B) For each such medication, a statement of the
amount of the copayment or coinsurance required to be
paid for such medication and the amount of the
reduction from previous levels.
(f) Review and Assessment of Utilization of Methodologies.--
(1) In general.--The Secretary shall enter into a contract
or agreement with an independent entity having expertise in
Value-Based Insurance Design to review and assess the
implementation by the Secretary of the demonstration program
under this section. The review and assessment shall include the
following:
(A) An assessment of the utilization by the
Secretary of the methodologies referred to in
subsection (d).
(B) An analysis of whether reducing or eliminating
the copayment or coinsurance for each medication
identified by the Secretary pursuant to subsection
(d)(1) resulted in increased adherence to medication
regimens and better health outcomes.
(C) An analysis of the cost savings resulting from
reducing or eliminating the copayment or coinsurance
for each medication so identified.
(D) Such other matters as the Secretary considers
appropriate.
(2) Report.--The contract or agreement entered into under
paragraph (1) shall require the entity concerned to submit to
the Secretary a report on the review and assessment conducted
by the entity under that paragraph in time for the inclusion of
the results of such report in the report required by paragraph
(3).
(3) Report to congress.--Not later than 3 years after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the review and assessment conducted
under this subsection. The report shall include the following:
(A) A description of the results of the review and
assessment.
(B) Such recommendations as the Secretary considers
appropriate for enhancing the utilization of the
methodologies referred to in subsection (a)(1) so as to
reduce copayments and coinsurance paid by Medicare
beneficiaries for medications furnished under the
Medicare program and to otherwise improve the quality
of health care provided under such Medicare program.
(g) Waiver.--The Secretary may waive such provisions of titles XI
and XVIII of the Social Security Act as may be necessary to carry out
the demonstration program under this section.
(h) Implementation Funding.--For purposes of carrying out the
demonstration program under this section, the Secretary shall provide
for the transfer from the Federal Hospital Insurance Trust Fund under
section 1817 of the Social Security Act (42 U.S.C. 1395i) and the
Federal Supplementary Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t), including the Medicare
Prescription Drug Account in such Trust Fund, in such proportion as
determined appropriate by the Secretary, of such sums as may be
necessary. | Seniors' Medication Copayment Reduction Act of 2009 - Directs the Secretary of Health and Human Services to establish a demonstration program to test Value-Based Insurance Design methodologies for Medicare beneficiaries with chronic conditions.
Defines "Value-Based Insurance Design" as a methodology for identifying specific medications or classes of medications for which, because of their high value and effectiveness when prescribed for particular clinical conditions, copayments or coinsurance should be reduced or eliminated. | A bill to establish a demonstration program requiring the utilization of Value-Based Insurance Design in order to demonstrate that reducing the copayments or coinsurance charged Medicare beneficiaries for selected medications can increase adherence to prescribed medication, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breaking Addiction Act of 2014''.
SEC. 2. MEDICAID COMMUNITY-BASED INPATIENT SUBSTANCE USE DISORDER
TREATMENT DEMONSTRATION PROJECT.
(a) Authority.--The Secretary of Health and Human Services shall
establish a 5-year demonstration project (in this section referred to
as the ``demonstration project'') under which payment may be made to
each participating State (as described in subsection (b)), for any
medical assistance provided with respect to a qualified individual in a
community-based institution for mental diseases who is being treated in
such institution for a substance use condition.
(b) Participating States.--
(1) Eligibility.--A State is eligible to participate in the
demonstration project under this section if the State plan of
the State provides for payment under the plan for community-
based inpatient substance use disorder treatment services
furnished to qualified individuals.
(2) Application.--A State seeking to participate in the
demonstration project under this section shall submit to the
Secretary an application, at such time, in such form, and that
contains such information, provisions, and assurances, as the
Secretary may require.
(3) Selection.--The Secretary shall select, on a
competitive basis, from among the States that submit an
application under paragraph (1) to the satisfaction of the
Secretary, the States that will be participating in the
demonstration project. In selecting such participating States,
the Secretary shall seek to achieve an equitable geographic
distribution.
(c) Waiver Authority.--
(1) In general.--The Secretary shall waive the limitation
on payment for care and services imposed by the subdivision (B)
that follows paragraph (29) of section 1905(a) of the Social
Security Act (42 U.S.C. 1396d(a)) (relating to a limitation on
payments for care or services for any individual who is under
65 years of age and who is a patient in an institution for
mental diseases) with respect to payment for the medical
assistance described in subsection (a).
(2) Limited other waiver authority.--The Secretary may
waive other requirements of titles XI and XIX of the Social
Security Act (including the requirements of sections 1902(a)(1)
(relating to statewideness) (42 U.S.C. 1396a(a)(1)) and
1902(a)(10)(B) (relating to comparability) (42 U.S.C.
1396a(a)(10)(B)) of such Act) only to the extent necessary to
carry out the demonstration project under this section.
(d) Evaluation and Report to Congress.--
(1) Evaluation.--The Secretary shall conduct an evaluation
of the impact the demonstration project carried out under this
section has on the functioning of the health and substance use
disorder system and individuals enrolled in State plans under
the Medicaid program under title XIX of the Social Security
Act. The evaluation shall include each of the following:
(A) An assessment of the access such individuals
have to substance use disorder treatment services under
the demonstration project carried out under this
section, and with respect to such services, the average
lengths of inpatient stays and emergency room visits.
(B) An assessment of the discharge planning by the
health care providers furnishing such services.
(C) An assessment of the impact of the
demonstration project on the costs of the full range of
health care items and services, including inpatient,
emergency and ambulatory care, diversions from
inpatient and emergency care, and readmissions to
institutions for mental diseases.
(D) An analysis of the percentage of individuals
enrolled in such plans who are admitted to community-
based institutions for mental diseases as a result of
the demonstration project as compared to those admitted
to such institutions through other means.
(2) Report.--Not later than December 31, 2020, the
Secretary shall submit to Congress and make available to the
public a report that contains--
(A) the findings of the evaluation under paragraph
(1); and
(B) the recommendations of the Secretary regarding
whether--
(i) the limitation referred to in
subsection (c)(1) is a barrier to care that
needs to be reviewed by Congress; and
(ii) the demonstration project carried out
under this section should be continued after
December 31, 2020, and expanded on a national
basis.
(e) Funding.--
(1) Appropriation.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to carry out this
section, $300,000,000 for fiscal year 2015.
(2) 10-year availability.--Funds appropriated under
paragraph (1) shall remain available for obligation through
December 31, 2024.
(3) Funds allocated to states.--Funds shall be allocated to
participating States on the basis of criteria, including a
State's application and the availability of funds, as
determined by the Secretary.
(4) Payment to states.--For each calendar quarter beginning
on or after October 1, 2014, the Secretary shall pay to each
participating State, from the allocation made to the State
under paragraph (3), an amount equal to the Federal medical
assistance percentage of the amount expended during such
quarter for the medical assistance described in subsection (a).
(5) Limitation on payments.--In no case may--
(A) the aggregate amount of payments made by the
Secretary to participating States under this section
exceed $300,000,000; or
(B) payments be made by the Secretary to
participating States under this section after December
31, 2024.
(f) Definitions.--In this section:
(1) Federal medical assistance percentage.--The term
``Federal medical assistance percentage'' has the meaning given
such term in section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)).
(2) Institution for mental diseases.--The term
``institution for mental diseases'' has the meaning given such
term in section 1905(i) of the Social Security Act (42 U.S.C.
1396d(i)).
(3) Medical assistance.--The term ``medical assistance''
has the meaning given such term in section 1905(a) of the
Social Security Act (42 U.S.C. 1396d(a)).
(4) Qualified individual.--The term ``qualified
individual'' means an individual who, because of the
individual's substance use condition, requires substance use
disorder treatment and who--
(A) is over 21 years of age and under 65 years of
age; and
(B) is eligible for medical assistance under the
State plan under the Medicaid program under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
(5) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.). | Breaking Addiction Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a five-year demonstration project under which payment may be made to each participating state for any medical assistance provided with respect to a qualified individual being treated for a substance use condition in a community-based institution for mental diseases. | Breaking Addiction Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stolen Identity Refund Fraud
Prevention Act of 2016''.
SEC. 2. CENTRALIZED POINT OF CONTACT FOR IDENTITY THEFT VICTIMS.
The Secretary of the Treasury, or the Secretary's delegate, shall
establish and maintain an office at the Internal Revenue Service and
procedures to ensure that any taxpayer whose return has been delayed or
otherwise adversely affected due to the theft of the taxpayer's
identity has a centralized point of contact throughout the processing
of his or her case. The office shall coordinate with other offices
within the Internal Revenue Service to resolve the taxpayer's case as
quickly as possible.
SEC. 3. TAXPAYER NOTIFICATION OF SUSPECTED IDENTITY THEFT.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 7529. NOTIFICATION OF SUSPECTED IDENTITY THEFT.
``If the Secretary determines that there was an unauthorized use of
the identity of any taxpayer, the Secretary shall--
``(1) as soon as practicable and without jeopardizing an
investigation relating to tax administration, notify the
taxpayer and include with that notice--
``(A) instructions to the taxpayer about filing a
police report; and
``(B) the forms the taxpayer must submit to allow
investigating law enforcement officials to access the
taxpayer's personal information; and
``(2) if any person is criminally charged by indictment or
information relating to such unauthorized use, notify such
taxpayer as soon as practicable of such charge.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
such Code is amended by adding at the end the following new item:
``Sec. 7529. Notification of suspected identity theft.''.
(c) Effective Date.--The amendments made by this section shall
apply to determinations made after the date of the enactment of this
Act.
SEC. 4. REPORT ON ELECTRONIC FILING OPT OUT.
The Secretary of the Treasury (or the Secretary's delegate) shall
submit a feasibility study to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
describing a program under which a person who has filed an identity
theft affidavit with the Secretary may elect to prevent the processing
of any Federal tax return submitted in an electronic format by that
taxpayer or a person purporting to be that taxpayer. The study shall be
submitted within 180 days after the date of the enactment of this Act
and should also include a recommendation on whether to implement such a
program.
SEC. 5. USE OF INFORMATION IN DO NOT PAY INITIATIVE IN PREVENTION OF
IDENTITY THEFT REFUND FRAUD.
The Secretary of the Treasury, and the Secretary's delegate, shall
use the information available under the Do Not Pay Initiative
established under section 5 of the Improper Payments Elimination and
Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) to help prevent
identity theft refund fraud.
SEC. 6. REPORT ON IDENTITY THEFT REFUND FRAUD.
(a) In General.--Not later than September 30, 2018, and biannually
thereafter through September 30, 2023, the Secretary of the Treasury
(or the Secretary's delegate) shall report to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate on the extent and nature of fraud involving the use of a
misappropriated taxpayer identity with respect to claims for refund
under the Internal Revenue Code of 1986 during the preceding completed
income tax filing season, and the detection, prevention, and
enforcement activities undertaken by the Internal Revenue Service with
respect to such fraud, including--
(1) detailing efforts to combat identity theft fraud,
including an update on the victims' assistance unit;
(2) information on both the average and maximum amounts of
time that elapsed before the cases of victims of such fraud
were resolved; and
(3) discussing Internal Revenue Service efforts associated
with other avenues for addressing identity theft refund fraud.
(b) Additional Requirements.--In addition, each report shall
provide an update on the implementation of this Act and identify the
need for any further legislation to protect taxpayer identities.
(c) Progress on Outreach and Education.--In the first biannual
report on identity theft refund fraud under subsection (a), the
Secretary (or the Secretary's delegate) shall include--
(1) an assessment of the agency's progress on identity
theft outreach and education to the private sector, State
agencies, and external organizations; and
(2) the results of a feasibility study on the costs and
benefits to enhancing its taxpayer authentication approach to
the electronic tax return filing process.
SEC. 7. INFORMATION SHARING AND ANALYSIS CENTER.
(a) In General.--The Secretary (or the Secretary's delegate) shall
establish an information sharing and analysis center to centralize,
standardize, and enhance data compilation and analysis to facilitate
sharing actionable data and information with respect to identity theft.
(b) Report.--Not later than 1 year after establishment of the
information sharing and analysis center, the Secretary (or the
Secretary's delegate) shall submit a report to the Committee on Ways
and Means of the House of Representatives and Committee on Finance of
the Senate on the information sharing and analysis center described in
subsection (a). The report shall include the data that was shared, the
use of such data, and the results of the data sharing and analysis
center in combating identity theft.
SEC. 8. LOCAL LAW ENFORCEMENT LIAISON.
(a) Establishment.--The Commissioner of Internal Revenue shall
establish within the Criminal Investigation Division of the Internal
Revenue Service the position of Local Law Enforcement Liaison.
(b) Duties.--The Local Law Enforcement Liaison shall serve as the
primary source of contact for State and local law enforcement
authorities with respect to tax-related identity theft, having duties
that shall include--
(1) receiving information from State and local law
enforcement authorities;
(2) responding to inquiries from State and local law
enforcement authorities;
(3) administering authorized information-sharing
initiatives with State or local law enforcement authorities and
reviewing the performance of such initiatives;
(4) ensuring any information provided through authorized
information-sharing initiatives with State or local law
enforcement authorities is used only for the prosecution of
identity theft-related crimes and not re-disclosed to third
parties; and
(5) such other duties relating to tax-related identity
theft prevention as are delegated by the Commissioner of
Internal Revenue.
SEC. 9. IRS PHONE SCAM REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General for Tax Administration, in
consultation with the Federal Communications Commission and the Federal
Trade Commission, shall submit a report to Congress regarding identity
theft phone scams under which individuals attempt to obtain personal
information over the phone from taxpayers by falsely claiming to be
calling from or on behalf the Internal Revenue Service.
(b) Contents of Report.--Such report shall include--
(1) a description of the nature and form of such scams;
(2) an estimate of the number of taxpayers contacted
pursuant to, and the number of taxpayers who have been victims
of, such scams;
(3) an estimate of the amount of wrongful payments obtained
from such scams; and
(4) details of potential solutions to combat and prevent
such scams, including best practices from the private sector
and technological solutions.
SEC. 10. PROVIDING IDENTITY THEFT PREVENTION INFORMATION WHILE ON HOLD
WITH INTERNAL REVENUE SERVICE.
The Secretary of the Treasury, or the Secretary's delegate, shall
ensure that if a taxpayer is on hold with the Internal Revenue Service
on a taxpayer service telephone call the following information is
provided:
(1) Basic information about common identity theft tax
scams.
(2) Directions on where to report such activity.
(3) Tips on how to protect against identity theft tax
scams.
SEC. 11. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act and the amendments made by this Act. Such requirements shall
be carried out using amounts otherwise authorized.
Passed the House of Representatives May 16, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Stolen Identity Refund Fraud Prevention Act of 2016 This bill amends the Internal Revenue Code to require the Department of the Treasury and the Internal Revenue Service to take several actions to prevent and respond to tax-related identity theft and tax fraud. (Sec. 2) The Department of the Treasury must establish and maintain an office at the Internal Revenue Service (IRS) and procedures to ensure that any taxpayer whose return has been delayed or otherwise adversely affected due to identity theft has a centralized point of contact throughout the processing of the case. The office must coordinate with other IRS offices to resolve the case as quickly as possible. (Sec. 3) If the IRS determines that there was an unauthorized use of a taxpayer's identity, it must notify the taxpayer as soon as practicable without jeopardizing any investigation related to tax administration. The notice must include: (1) instructions for filing a police report, and (2) forms to allow law enforcement officials to access the taxpayer's personal information. The IRS must also notify the taxpayer as soon as practicable if criminal charges are brought against any person with respect to the unauthorized use of the identity. (Sec. 4) The IRS must submit to Congress a feasibility study regarding a program under which a person who has filed an identity theft affidavit with the IRS may elect to prevent the processing of any federal tax return submitted in an electronic format by that taxpayer or a person purporting to be that taxpayer. (Sec. 5) To help prevent identity theft tax refund fraud, the IRS must use information available from the Do Not Pay Initiative established by the Improper Payments Elimination and Recovery Improvement Act of 2012. (Sec. 6) The IRS must report to Congress biannually on fraud involving the use of a misappropriated taxpayer identity to claim tax refunds and IRS detection, prevention, and enforcement activities undertaken with respect to the fraud. The report must provide an update on the implementation of this bill and identify the need for any further legislation to protect taxpayer identities. The first biannual report must include: (1) an assessment of the agency's progress on identity theft outreach and education, and (2) the results of a feasibility study on the costs and benefits of enhancing its taxpayer authentication approach to the electronic tax return filing process. (Sec. 7) The IRS must establish and report to Congress on an information sharing and analysis center to centralize, standardize, and enhance data compilation and analysis to facilitate sharing actionable data and information with respect to identity theft. (Sec. 8) The IRS must establish within the Criminal Investigation Division of the IRS the position of Local Law Enforcement Liaison to interact with state and local law enforcement authorities to: receive information, respond to inquiries, administer and review the performance of information-sharing initiatives, ensure any information provided through the initiatives is used only for the prosecution of identity theft-related crimes and not re-disclosed to third parties, and carry out other duties relating to tax-related identity theft prevention. (Sec. 9) The Inspector General for Tax Administration must report to Congress regarding identity theft phone scams under which individuals attempt to obtain personal information over the phone from taxpayers by falsely claiming to be calling from or on behalf of the IRS. (Sec. 10) The IRS must provide the following information to taxpayers who are on hold during a taxpayer service telephone call: (1) basic information about common identity theft tax scams, (2) directions on where to report such activities, and (3) tips on how to protect against identity theft tax scams. (Sec. 11) No additional funds are authorized to carry out the requirements of this bill. | Stolen Identity Refund Fraud Prevention Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coptic Churches Accountability
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In August 2013, Islamist-led mobs, burned and destroyed
various Christian religious properties and properties owned by
Christians in the Arab Republic of Egypt, following the removal
of the government led by the Muslim Brotherhood.
(2) The succeeding government announced that the army would
rebuild the churches damaged during that sectarian violence at
government expense. President Sisi, then the Minister of
Defense of Egypt, ordered the engineering department of the
Egyptian armed forces ``to swiftly repair all the affected
churches, in recognition of the historical and national role
played by our Coptic brothers'' during that period of sectarian
violence.
(3) In January 2015, President Sisi was the first Egyptian
President to make an appearance at a Coptic Christian Christmas
liturgy.
(4) On January 6, 2016, President Sisi, speaking at St.
Mark's Cathedral in Cairo, Egypt, while attending the Christmas
liturgy, said, referring to the August 2013 sectarian violence,
``We have taken too long to fix and renovate the churches that
were burned . . . this year everything will be fixed. Please
accept our apologies for what happened . . . God willing . . .
by next year there won't be a single house or church that is
not restored. We will never forget the honorable, respectful,
and great stance you and the Pope took during this period.''.
(5) The Egyptian military has restored 26 of the 78
churches and other Christian buildings damaged during the
August 2013 sectarian violence. Private citizens have restored
an additional 23 damaged buildings. A total of 29 buildings in
24 locations have yet to be restored as of September 6, 2016.
(6) In August 2016, Egypt passed a new law with respect to
church construction that imposes significant burdens on the
ability to build a church.
(7) In general, government approval for building or
repairing churches has served as a justification for sectarian
violence targeting Christians in Egypt.
(8) In El-`Our, Minya, on March 27, 2015, dozens of
villagers protested the building of the new church in honor of
the Egyptian Christians beheaded by Da'esh militants in Libya
in February 2015. President Sisi had approved the construction
of that church in response to calls by Coptic Orthodox Church
leaders. A Coptic Orthodox clergyman from the region stated
that protestors besieged the existing village church with the
pastor and some of his family inside. According to a prominent
human rights group, the protestors were armed, threw Molotov
cocktails at the church, and set fire to a Christian-owned
vehicle. Protestors also threw bricks at the house of another
Christian victim.
(9) Egyptian government officials frequently participate in
informal reconciliation sessions to address such incidents of
sectarian violence or tension, saying that such sessions
prevented further violence. According to human rights groups,
however, the sessions have regularly led to outcomes
unfavorable to religious minorities and precluded recourse to
the judicial system by such minorities.
(10) St. Mark brought Christianity to Egypt, where the
Coptic Christians have been the indigenous people of Egypt for
over 2,000 years.
(11) The Coptic Church represents the largest Christian
community in the Middle East.
(12) United States diplomatic leadership contributes
meaningfully and materially to the international protection of
religious minorities and their faith-based practices and places
of worship.
(13) The International Religious Freedom Act of 1998 (22
U.S.C. 6401 et seq.) states that ``it shall be the policy of
the United States to condemn violations of religious freedom,
and to promote, and to assist other governments in the
promotion of, the fundamental right to freedom of religion.''.
(14) Religious freedom is an essential cornerstone of
democracy that promotes respect for individual liberty and
contributes to greater stability, and is a priority value for
the United States to promote in its engagement with other
countries.
SEC. 3. REPORT.
(a) Report on Progress of Restoration.--Not later than 180 days
after the date of the enactment of this Act, and annually thereafter
until 2021, the Secretary of State shall submit to the Committee on
Foreign Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report describing--
(1) the progress made in restoring or repairing burned,
damaged, or otherwise destroyed Christian religious property
and properties owned by Christians in the Arab Republic of
Egypt during the sectarian violence in August 2013, including a
description of any discussion between officials of the
Department of State and representatives of Egypt, occurring on
or after the date of the submission of the most recent report,
regarding the restoration or repair of such Christian religious
property or property owned by Christians;
(2) the implementation of the law described in section
2(6), including the number of permits issued for the
construction of Christian churches pursuant to such law; and
(3) the nature and extent of Egyptian laws and policies
regarding the construction of Christian churches or places of
worship.
(b) Inclusion of Information in Annual Country Reports on Human
Rights Practices and International Religious Freedom Reports.--The
Secretary of State shall ensure that each Country Report on Human
Rights Practices for Egypt required under sections 116(d) and 502B(b)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b))
and each Report on International Religious Freedom required under
section 102(b) of the International Religious Freedom Act of 1998 (22
U.S.C. 6412(b)) submitted after the date of the enactment of this Act
contains--
(1) a summary of the information described in subsection
(a)(1); and
(2) a list of each Christian church, place of worship, or
other Christian religious property (such as a monastery,
Christian school or hospital, monument, relic, or holy site)
and each item of property (such as artwork, manuscripts,
vestments, vessels, or other artifacts) belonging to a
Christian church that was burned, damaged, or otherwise
destroyed during the sectarian violence in August 2013. | Coptic Churches Accountability Act This bill directs the Department of State, until 2021, to submit an annual report describing: the progress made in restoring or repairing Christian religious property and property owned by Christians in Egypt that was damaged or destroyed during the August 2013 sectarian violence; implementation of the law Egypt passed in 2016 that imposes significant burdens on church building; and the nature and extent of Egyptian laws and policies regarding the construction of Christian churches or places of worship. The State Department shall ensure that each country report on human rights practices for Egypt and each report on international religious freedom contains: a summary of the progress made in restoring religious property; and a list of each Christian church, place of worship, or other Christian religious property and each item of property belonging to a Christian church that was damaged or destroyed. | Coptic Churches Accountability Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on the Future of
the Army Act of 2014''.
SEC. 2. PROHIBITION ON USE OF FISCAL YEAR 2015 FUNDS TO REDUCE END
STRENGTHS OF ARMY PERSONNEL.
None of the funds authorized to be appropriated or otherwise made
available for fiscal year 2015 for the Army may be used to reduce or
prepare to reduce personnel of the Army, including any cancellation of
training, below the authorized fiscal year end strengths for personnel
of the Army as follows:
(1) 450,000 for active duty personnel of the Army.
(2) 345,000 for the Army National Guard.
(3) 195,000 for the Army Reserve.
SEC. 3. LIMITATION ON USE OF FISCAL YEAR 2015 FUNDS FOR TRANSFER OR
DIVESTMENT OF CERTAIN AIRCRAFT ASSIGNED TO THE ARMY
NATIONAL GUARD.
(a) Limitation.--
(1) Aircraft.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2015
for the Army may be used to divest, retire, or transfer, or
prepare to divest, retire, or transfer, any AH-64 Apache
aircraft of the Army assigned to units of the Army National
Guard as of January 15, 2014.
(2) Personnel.--None of the funds authorized to be
appropriated or otherwise made available for fiscal year 2015
for the Army may be used to reduce personnel related to any AH-
64 Apache aircraft of the Army National Guard below the levels
of such personnel as of September 30, 2014.
(3) Readiness of aircraft and crews.--The Secretary of the
Army shall ensure the continuing readiness of the AH-64 Apache
aircraft referred to in paragraph (1) and the crews of such
aircraft during fiscal year 2015, including through the
allocation of funds for operation and maintenance and support
of such aircraft and for personnel connected with such aircraft
as described in paragraph (2).
(b) Scope of Limitation.--Nothing in subsection (a) shall be
construed to limit the use of funds described in that subsection for
the training of members of the Army National Guard or Army Reserve who
are pilots of Apache aircraft on any other aircraft.
(c) Exception.--Notwithstanding subsection (a), funds described in
that subsection may be used after the date of the report required by
section 5(b)(3) to prepare for the transfer of not more than 72 AH-64
Apache aircraft from the Army National Guard to the regular Army if the
Secretary of Defense certifies in writing to the congressional defense
committees that such a transfer would not--
(1) degrade the strategic depth or regeneration capacities
of the Army;
(2) degrade the Army National Guard in its role as the
combat reserve of the Army; and
(3) occur before October 1, 2014.
SEC. 4. NATIONAL COMMISSION ON THE FUTURE OF THE ARMY.
(a) Establishment.--There is established the National Commission on
the Future of the Army (in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of eight
members, of whom--
(A) 4 shall be appointed by the President;
(B) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(C) 1 shall be appointed by the Ranking Member of
the Committee on Armed Services of the Senate;
(D) 1 shall be appointed by the Chairman of the
Committee on Armed Services of the House of
Representatives; and
(E) 1 shall be appointed by the Ranking Member of
the Committee on Armed Services of the House of
Representatives.
(2) Appointment date.--The appointments of the members of
the Commission shall be made not later than 90 days after the
date of the enactment of this Act.
(3) Effect of lack of appointment by appointment date.--If
1 or more appointments under subparagraph (A) of paragraph (1)
is not made by the appointment date specified in paragraph (2),
the authority to make such appointment or appointments shall
expire, and the number of members of the Commission shall be
reduced by the number equal to the number of appointments so
not made. If an appointment under subparagraph (B), (C), (D),
or (E) of paragraph (1) is not made by the appointment date
specified in paragraph (2), the authority to make an
appointment under such subparagraph shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number otherwise appointable under such
subparagraph.
(4) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in reserve forces policy.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Chair and Vice Chair.--The Commission shall select a Chair and
Vice Chair from among its members.
(e) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its initial meeting.
(f) Meetings.--The Commission shall meet at the call of the Chair.
(g) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(h) Administrative and Procedural Authorities.--The following
provisions of law do not apply to the Commission:
(1) Section 3161 of title 5, United States Code.
(2) The Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 5. DUTIES OF THE COMMISSION.
(a) Study on Structure of the Army.--
(1) In general.--The Commission shall undertake a
comprehensive study of the structure of the Army, and policy
assumptions related to the size and force mixture of the Army,
in order--
(A) to determine the proper size and force mixture
of the regular component of the Army and the reserve
components of the Army, and
(B) to make recommendations on how the structure
should be modified to best fulfill current and
anticipated mission requirements for the Army in a
manner consistent with available resources and
anticipated future resources.
(2) Considerations.--In undertaking the study required by
subsection (a), the Commission shall give particular
consideration to the following:
(A) An evaluation and identification of a structure
for the Army that--
(i) has the depth and scalability to meet
current and anticipated requirements of the
combatant commands;
(ii) achieves a cost-efficiency balance
between the regular and reserve components of
the Army, taking advantage of the unique
strengths and capabilities of each, with a
particular focus on fully burdened and
lifecycle cost of Army personnel;
(iii) ensures that the regular and reserve
components of the Army have the capacity needed
to support current and anticipated homeland
defense and disaster assistance missions in the
United States;
(iv) provides for sufficient numbers of
regular members of the Army to provide a base
of trained personnel from which the personnel
of the reserve components of the Army could be
recruited; and
(v) maximizes and appropriately balances
affordability, efficiency, effectiveness,
capability, and readiness.
(B) An evaluation and identification of force
generation policies for the Army with respect to size
and force mixture in order to best fulfill current and
anticipated mission requirements for the Army in a
manner consistent with available resources and
anticipated future resources, including policies in
connection with--
(i) readiness;
(ii) training;
(iii) equipment;
(iv) personnel; and
(v) maintenance of the reserve components
in an operational state in order to maintain
the level of expertise and experience developed
since September 11, 2001.
(b) Study on Partial Transfer of Certain Aircraft.--
(1) In general.--The Commission shall also conduct a study
of the feasibility and advisability of a partial transfer of
Army National Guard AH-64 Apache aircraft from the Army
National Guard to the regular Army.
(2) Considerations.--In conducting the study required by
paragraph (1), the Commission shall consider the full cost and
cost savings of the Army Aviation Restructuring Initiative as
proposed for fiscal year 2015, including costs associated with
retraining, rebasing, and remissioning.
(3) Interim report.--Not later than 90 days after the
appointment date for members of the Commission specified in
section 4(b)(2), the Commission shall submit to the President
and the congressional defense committees a report setting forth
the results of the study conducted under paragraph (1).
(c) Final Report.--Not later than February 1, 2016, the Commission
shall submit to the President and the congressional defense committees
a report setting forth a detailed statement of the findings and
conclusions of the Commission as a result of the study required by
subsection (a), together with its recommendations for such legislation
and administrative actions as the Commission considers appropriate in
light of the results of the study.
SEC. 6. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission shall hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out its duties
under this Act.
(b) 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 this Act.
Upon request of the Chair of the Commission, the head of such
department or agency shall furnish such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government 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 services for the
Commission.
(c) Staff.--
(1) In general.--The Chair 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 of an executive director
shall be subject to confirmation by the Commission.
(2) Compensation.--The Chair of the Commission may fix the
compensation of the executive director and other personnel
without regard to 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 the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Commission may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates for
individuals which do not 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. 8. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its final report under section 5(c).
SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 10. FUNDING.
Amounts authorized to be appropriated for fiscal year 2015 and
available for operation and maintenance for the Army may be available
for the activities of the Commission under this Act. | National Commission on the Future of the Army Act of 2014 - Prohibits the use of funds made available for FY2015 for the Army to: (1) reduce Army personnel below the authorized fiscal year end strengths of 450,000 for active duty personnel of the Army, 345,000 for the Army National Guard, and 195,000 for the Army Reserve; or (2) divest, retire, or transfer any AH-64 Apache aircraft assigned to units of the Army National Guard as of January 15, 2014, or to reduce related personnel below the levels of such personnel as of September 30, 2014. Directs the Secretary of the Army to ensure the continuing readiness of the AH-64 Apache aircraft and crews during FY2015. Permits the use of such funds, after the Commission established by this Act submits its interim report, to prepare for the transfer of not more than 72 AH-64 Apache aircraft from the Army National Guard to the regular Army if the Secretary of Defense (DOD) certifies that such a transfer would not: (1) degrade the strategic depth or regeneration capacities of the Army, (2) degrade the Army National Guard in its role as the combat reserve of the Army, and (3) occur before October 1, 2014. Establishes the National Commission on the Future of the Army, which shall: (1) undertake a comprehensive study of the structure of the Army and policy assumptions related to its size and force mixture in order to make recommendations on how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources, and (2) submit a final report to the President and the congressional defense committees by February 1, 2016. Directs the Commission to study and submit an interim report on the feasibility and advisability of a partial transfer of Army National Guard AH-64 Apache aircraft from the Army National Guard to the regular Army. | National Commission on the Future of the Army Act of 2014 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Persian Gulf Security Cost Fairness
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) the several key oil-producing countries that relied on
the United States for their military protection in 1990 and
1991, including during the Persian Gulf conflict, and continue
to depend on the United States for their security and
stability, should share in the responsibility for that
stability and security commensurate with their national
capabilities; and
(2) the countries of the Gulf Cooperation Council (Bahrain,
Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab
Emirates) have the economic capability to contribute more
toward their own security and stability and therefore these
countries should contribute commensurate with that capability.
SEC. 3. EFFORTS TO INCREASE BURDENSHARING BY COUNTRIES IN THE PERSIAN
GULF REGION BENEFITTING FROM UNITED STATES MILITARY
PRESENCE.
The President shall seek to have each country in the Persian Gulf
region to which the United States extends military protection (either
through security agreements, basing arrangements, or mutual
participation in multinational military organizations or operations)
take one or more of the following actions:
(1) For any country in which United States military
personnel are assigned to permanent duty ashore, increase its
financial contributions to the payment of the nonpersonnel
costs incurred by the United States government for stationing
United States military personnel in that country, with the goal
of achieving by September 30, 2003, 75 percent of such costs.
An increase in financial contributions by any country under
this paragraph may include the elimination of taxes, fees, or
other charges levied on the United States military personnel,
equipment, or facilities stationed in that country.
(2) Increase its annual budgetary outlays for national
defense as a percentage of its gross domestic product by 10
percent or at least to a level commensurate to that of the
United States by September 30, 2001.
(3) Increase its annual budgetary outlays for foreign
assistance (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights) by 10 percent or at least to a level commensurate to
that of the United States by September 30, 2001.
(4) Increase the amount of military assets (including
personnel, equipment, logistics, support and other resources)
that it contributes, or would be prepared to contribute, to
military activities in the Persian Gulf region.
SEC. 4. AUTHORITIES TO ENCOURAGE ACTIONS BY UNITED STATES ALLIES.
In seeking the actions described in section 3 with respect to any
country, or in response to a failure by any country to undertake one or
more of such actions, the President may take any of the following
measures to the extent otherwise authorized by law:
(1) Reduce the end strength level of members of the Armed
Forces assigned to permanent or part-time duty in the Persian
Gulf region.
(2) Impose on those countries fees or other charges similar
to those that such countries impose on United States forces
stationed in such countries.
(3) Suspend, modify, or terminate any bilateral security
agreement the United States has with that country, consistent
with the terms of such agreement.
(4) Reduce (through rescission, impoundment, or other
appropriate procedures as authorized by law) any United States
bilateral assistance appropriated for that country.
(5) Take any other action the President determines to be
appropriate as authorized by law.
SEC. 5. REPORT ON PROGRESS IN INCREASING ALLIED BURDENSHARING.
Not later than March 1, 2001, the Secretary of Defense shall submit
to Congress a report on--
(1) steps taken by other countries to complete the actions
described in section 3;
(2) all measure taken by the President, including those
authorized in section 4, to achieve the actions described in
section 3;
(3) the difference between the amount allocated by other
countries for each of the actions described in section 3 during
the period beginning on October 1, 2000, and ending on
September 30, 2001, and during the period beginning on October
1, 2001, and ending on September 30, 2002; and
(4) the budgetary savings to the United States that are
expected to accrue as a result of the steps described under
paragraph (1).
SEC. 6. REVIEW AND REPORT ON NATIONAL SECURITY BASES FOR FORWARD
DEPLOYMENT AND BURDENSHARING RELATIONSHIPS.
(a) Review.--In order to ensure the best allocation of budgetary
resources, the President shall undertake a review of the status of
elements of the United States Armed Forces that are permanently
stationed outside the United States. The review shall include an
assessment of the following:
(1) The requirements that are to be found in agreements
between the United States and the allies of the United States
in the Persian Gulf region.
(2) The national security interests that support permanent
stationing of elements of the United States Armed Forces
outside the United States.
(3) The stationing costs associated with forward deployment
of elements of the United States Armed Forces.
(4) The alternatives available to forward deployment (such
as material prepositioning, enhanced airlift and sealift, or
joint training operations) to meet such requirements or
national security interests, with such alternatives identified
and described in detail.
(5) The costs and force structure configurations associated
with such alternatives to forward deployment.
(6) The financial contributions that allies of the United
States in the Persian Gulf region make to common defense
efforts (to promote democratization, economic stabilization,
transparency arrangements, defense economic conversion, respect
for the rule of law, and internationally recognized human
rights).
(7) The contributions that allies of the United States in
the Persian Gulf region make to meeting the stationing costs
associated with the forward deployment of elements of the
United States Armed Forces.
(8) The annual expenditures of the United States and its
allies in the Persian Gulf region on national defense, and the
relative percentages of each country's gross domestic product
constituted by those expenditures.
(b) Report.--The President shall submit to Congress a report on the
review under subsection (a). The report shall be submitted not later
than March 1, 2001, in classified and unclassified form. | Directs the President to seek to have each country in the Persian Gulf region to which the United States extends military protection take one or more specified financial and budgetary actions to increase their burdensharing.
Authorizes the President, in seeking such actions or in responding to a country's failure to undertake one or more of them, to: (1) reduce the end strength level of members of the Armed Forces assigned to permanent or part-time duty in the Persian Gulf region; (2) impose on the country fees or other charges similar to those such countries impose on U.S. forces stationed in them; (3) suspend, modify, or terminate any bilateral security agreement the United States has with that country; (4) reduce any U.S. bilateral assistance appropriated for that country; or (5) take any other appropriate action.
Directs the Secretary of Defense to report to Congress on: (1) steps taken by other countries to complete the actions required by this Act; (2) all measures taken by the President to achieve such actions; (3) amounts such countries have allocated to take such actions; and (4) the budgetary savings to the United States expected to accrue as a result of the steps taken under this Act.
Requires the President to review and report to Congress on the status of elements of the U.S. Armed Forces permanently stationed outside the United States, including the national security bases for forward deployment and burdensharing relationships. | Persian Gulf Security Cost Fairness Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Use of Sanctions for
Killing Elephants and Rhinoceros Act of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) poaching of African elephants and rhinoceros has
increased dramatically since 2006, and has reached levels that
threaten the continued existence of many elephant and
rhinoceros populations;
(2) poaching of African elephants and rhinoceros is being
driven by increased demand for ivory and rhinoceros horn in
Asia, which has caused ivory and rhinoceros horn prices to rise
exponentially in recent years;
(3) high prices have drawn organized criminal elements into
the illegal trade of ivory and rhinoceros horn, and it is
widely recognized that transnational crime rings involved in
trafficking in drugs, guns, and humans are also responsible for
trafficking in large quantities of poached ivory and rhinoceros
horn from Africa to Asia;
(4) there is significant evidence that terrorist and
insurgent groups in Africa, including groups with ties to Al
Qaeda, are financing their operations through the sale of
illegal ivory and rhinoceros horn;
(5) the elephant and rhinoceros poaching crisis has become
so severe, and the tactics of poachers so sophisticated, that
traditional approaches to conservation law enforcement intended
to protect elephants and rhinoceros in their habitat in Africa
are failing;
(6) a number of countries that serve as major source,
transit, or destination points for illegal ivory and rhinoceros
horn have proven unable or unwilling to stop the product from
coming across their borders; and
(7) strategies to reduce demand for ivory and rhinoceros
horn through education and other nonbinding means are
necessary, but not sufficient, to conserve African elephant and
rhinoceros populations.
(b) Purpose.--The purpose of this Act is to provide a means by
which the United States can affect demand for and illegal trafficking
of African elephant ivory and rhinoceros horn in other countries by
requiring those countries to enter into consultations with the United
States to end the illegal ivory and rhinoceros horn trade, as a
condition of continued access to United States markets for other
natural resource products.
TITLE I--AMENDMENTS TO THE AFRICAN ELEPHANT CONSERVATION ACT
SEC. 101. ILLEGAL TRADE DEFINED.
Section 2305 of the African Elephant Conservation Act (16 U.S.C.
4244) is amended by redesignating paragraphs (5) through (13) as
paragraphs (6) through (14), respectively, and by inserting after
paragraph (4) the following:
``(5) Illegal trade.--The term `illegal trade' means any
sale, purchase, barter, transit, or exchange of raw ivory or
worked ivory that was taken, traded, imported, or exported in
violation of the laws of an ivory-producing country, or of
international wildlife trade agreements, including CITES.''.
SEC. 102. AMENDMENT TO FINDINGS IN AFRICAN ELEPHANT CONSERVATION ACT.
Section 2003 of the African Elephant Conservation Act (16 U.S.C.
4202) is amended by adding at the end the following:
``(10) Poaching and trafficking of wildlife has become a
global crisis, funding organized criminal syndicates and
terrorist organizations and harming elephant populations and
local communities. African elephant ivory is at the center of
this crisis, and immediate action is necessary to eliminate the
demand for ivory and the profit incentive for poachers and
traffickers.''.
SEC. 103. STATEMENT OF POLICY.
Section 2004 of the African Elephant Conservation Act (16 U.S.C.
4203) is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking the period at the end of paragraph (2) and
by inserting ``; and''; and
(3) by adding at the end the following:
``(3) to prevent additional African elephant ivory from
entering global commerce, and to reduce demand for ivory that
is driving elephant poaching by limiting natural resources-
related trade with countries whose nationals are engaged in
illegal ivory trade.''.
SEC. 104. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 2202 of the African Elephant Conservation Act (16 U.S.C.
4222) is amended by adding at the end the following:
``(g) Certification.--If the CITES Standing Committee identifies
any country as a country of primary concern because it is a significant
source or transit or destination point for illegal trade of ivory, the
Secretary shall issue a certification with respect to that country
under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).''.
SEC. 105. CONSULTATION AND SANCTION.
(a) In General.--Part II of the African Elephant Conservation Act
(16 U.S.C. 4221 et seq.) is amended by adding at the end the following:
``SEC. 2206. CONSULTATION AND SANCTION.
``(a) Consultation.--Not later than 30 days after a certification
with respect to a country under section 2202(g), the President, acting
through the Secretary of the Interior, shall seek to enter into
consultations with the government of the country for the purpose of
obtaining an agreement under which the country will immediately and
significantly reduce, and will commit to terminating, all illegal trade
of ivory into, out of, or within that country.
``(b) Prohibition on Trade in Related Natural Resources.--
``(1) In general.--If consultations with a government under
subsection (a) are not satisfactorily concluded within 90 days
or if a government refuses to enter into consultations, the
President shall direct the Secretary to prohibit the
importation into the United States of products of wildlife,
fish, and plants from that country until the earlier of--
``(A) the date an agreement with the country under
subsection (a) is finalized; or
``(B) the date the Secretary finds that the country
is no longer a significant source or transit or
destination point for illegal ivory trade.
``(2) Public notice.--The Secretary shall publish public
notice of any prohibition under this subsection not later than
30 days before the effective date of the prohibition.
``(c) Determination of Effectiveness of Sanctions.--Not later than
180 days after the effective date of a prohibition under subsection
(b), the Secretary shall determine and report to Congress whether--
``(1) the prohibition is sufficient to cause the country to
immediately and significantly reduce, and commit to
terminating, illegal trade of ivory into, out of, or within
that country; and
``(2) that country has retaliated against the United States
as a result of that prohibition.''.
(b) Countries Identified Before Enactment.--
(1) Application of prohibition.--Section 2206(b) of the
African Elephant Conservation Act, as amended by this section,
shall apply to a country that before the date of the enactment
of this Act was identified by the CITES Standing Committee as a
country of primary concern because it is a significant source
or transit or destination point for illegal trade of ivory, if
the CITES Standing Committee has not rescinded such
identification by that date of enactment.
(2) Consultation.--The President, acting through the
Secretary of the Interior, shall seek to enter into
consultations under section 2206(a) of the African Elephant
Conservation Act, as amended by this section, with a country
described in paragraph (1) of this subsection by not later than
30 days after the date of the enactment of this Act.
TITLE II--AMENDMENTS TO THE RHINOCEROS AND TIGER CONSERVATION ACT
SEC. 201. AMENDMENT TO FINDINGS.
Section 2 of the Rhinoceros and Tiger Conservation Act (16 U.S.C.
5301) is amended by adding at the end the following:
``(11) Poaching and trafficking of wildlife has become a
global crisis, funding organized criminal syndicates and
terrorist organizations and harming rhinoceros populations and
local communities. Rhinoceros horn is at the center of this
crisis, and immediate action is necessary to eliminate the
demand for rhinoceros horn and the profit incentive for
poachers and traffickers.''.
SEC. 202. AMENDMENT TO PURPOSES.
Section 3 of the Rhinoceros and Tiger Conservation Act (16 U.S.C.
5302) is amended by adding at the end the following:
``(4) To provide a means by which the United States can
affect demand for and illegal trafficking of rhinoceros horn in
other countries by requiring those countries to enter into
consultations with the United States to end the illegal trade
in rhinoceros horn, as a condition of continued access to
United States markets for other natural resource products.''.
SEC. 203. ILLEGAL TRADE DEFINED.
Section 4 of the Rhinoceros and Tiger Conservation Act (16 U.S.C.
5303) is amended by adding at the end the following:
``(7) Illegal trade.--The term `illegal trade' means any
sale, purchase, barter, transit, or exchange of raw rhinoceros
horn or worked rhinoceros horn that was taken in violation of
the laws of a country within the range of the black rhinoceros
or white rhinoceros, or of international wildlife trade
agreements, including CITES.''.
SEC. 204. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.
(a) In General.--The Rhinoceros and Tiger Conservation Act is
amended by redesignating sections 8, 9, and 10 (16 U.S.C. 5305b, 5305c,
and 5306) as sections 9, 10, and 11, respectively, and inserting after
section 7 (16 U.S.C. 5305a) the following:
``SEC. 8. CERTIFICATION, CONSULTATION, AND SANCTION.
``(a) Certification.--If the CITES Standing Committee identifies
any country as a country of primary concern because it is a significant
source or transit or destination point for illegal trade of rhinoceros
horn, the Secretary shall issue a certification with respect to that
country under section 8(a) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1978(a)).
``(b) Consultation.--Not later than 30 days after issuance of a
certification with respect to the country under subsection (a), the
President, acting through the Secretary of the Interior, shall seek to
enter into consultations with the government of the country for the
purpose of obtaining an agreement under which the country will
immediately and significantly reduce, and will commit to terminating,
all illegal trade of rhinoceros horn into, out of, or within that
country.
``(c) Prohibition on Trade in Related Natural Resources.--
``(1) In general.--If consultations with a government under
subsection (b) are not satisfactorily concluded within 90 days
or if a government refuses to enter into such consultations,
the President shall direct the Secretary to prohibit the
importation into the United States of products of wildlife,
fish, and plants from that country until the earlier of--
``(A) the date an agreement with the country under
subsection (b) is finalized; or
``(B) the date the Secretary finds that the country
is no longer a significant source or transit or
destination point for illegal trade of rhinoceros horn.
``(2) Public notice.--The Secretary shall publish public
notice of any prohibition under this subsection not later than
30 days before the effective date of the prohibition.
``(d) Determination of Effectiveness of Sanctions.--Not later than
180 days after the effective date of a prohibition under subsection
(c), the Secretary shall determine and report to Congress whether--
``(1) the prohibition is sufficient to cause the country to
immediately and significantly reduce, and commit to
terminating, illegal trade of rhinoceros horn into, out of, or
within that country; and
``(2) that country has retaliated against the United States
as a result of that prohibition.''.
(b) Countries Identified Before Enactment.--
(1) Application of prohibition.--Section 8(c) of the
Rhinoceros and Tiger Conservation Act, as amended by this
section, shall apply to a country that before the date of the
enactment of this Act was identified by the CITES Standing
Committee as a country of primary concern because it is a
significant source or transit or destination point for illegal
trade of rhinoceros horn, if the CITES Standing Committee has
not rescinded such identification by that date of enactment.
(2) Consultation.--The President, acting through the
Secretary of the Interior, shall seek to enter into
consultations under 8(c) of the Rhinoceros and Tiger
Conservation Act, as amended by this section, with a country
described in paragraph (1) of this subsection by not later than
30 days after the date of the enactment of this Act. | Targeted Use of Sanctions for Killing Elephants and Rhinoceros Act of 2015 This bill amends the African Elephant Conservation Act to make it a policy to prevent additional African elephant ivory from entering global commerce, and to reduce demand for ivory that is driving elephant poaching by limiting natural resources-related trade with countries whose nationals are engaged in illegal ivory trade. The Department of Commerce shall issue a certification under the Fishermen's Protective Act of 1967 authorizing the President to prohibit the importation of any products from any country identified by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Standing Committee as a significant source or transit or destination point for illegal ivory trade. The President, acting through the Department of the Interior, shall enter into consultations with the offending country, within 30 days after receiving a certification, to obtain an agreement under which the country will immediately and significantly reduce, and will commit to terminating, all illegal ivory trade into, out of, or within that country. If such consultations are not concluded within 90 days or if the country refuses to enter into consultations, the President shall direct the Department of Commerce to prohibit the importation into the United States of wildlife, fish, and plant products from that country until the earlier of: the finalizing of the agreement, or the Department finds that the country is no longer a significant source or transit or destination point for illegal ivory trade. Directs the Secretary, within 180 days after the prohibition, to determine whether: the prohibition is sufficient to cause the offending country to immediately and significantly reduce, and commit to terminating, illegal ivory trade, and that country has retaliated against the United States as a result of that prohibition. The bill also amends the Rhinoceros and Tiger Conservation Act to make the same requirements for U.S. action against the illegal trade in rhinoceros horn. | Targeted Use of Sanctions for Killing Elephants and Rhinoceros Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commonsense Legislative Exceptional
Events Reforms Act of 2017''.
SEC. 2. CLEAN AIR ACT EXCEPTIONAL EVENTS.
Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is
amended--
(1) in paragraph (1)(B)--
(A) in clause (i), by inserting ``or'' after the
semicolon;
(B) by striking clause (ii); and
(C) by redesignating clause (iii) as clause (ii);
and
(2) in paragraph (3)--
(A) in subparagraph (B)(iv), by striking ``to
petition the Administrator to'' and inserting ``to
submit a petition (in this section referred to as an
`exceptional event demonstration') to the Administrator
to''; and
(B) by adding at the end the following:
``(C) Criteria for determination of exceptional
event demonstration.--
``(i) In general.--The criteria for
evidence, analyses, and documentation
applicable to approval or disapproval of an
exceptional event demonstration under the
regulations under this section shall be stated
with specificity in order to minimize the
discretion of the Administrator in approving or
disapproving that demonstration.
``(ii) State participation.--The
Administrator shall develop the criteria in
conjunction with input from the States.
``(iii) Contents.--The criteria shall
reflect the varying levels of technical
expertise and resources available in State and
local agencies and the varying availability of
meteorological and other monitoring data in
rural areas, and may vary with respect to
different regions.
``(iv) Considerations.--In developing the
criteria, the Administrator shall consider the
use of an expedited or streamlined approval
process and conditions under which exceptional
event demonstrations may be suitable for such a
process.
``(D) Timing of determination of exceptional event
demonstration.--
``(i) Deadline for determination.--
``(I) In general.--Not later than
90 days after submission of an
exceptional event demonstration, the
Administrator shall approve,
disapprove, or request additional
information from a State regarding the
exceptional event demonstration.
``(II) Administration.--If the
Administrator does not approve,
disapprove, or request additional
information relating to an exceptional
event demonstration within the 90-day
period described in subclause (I), the
demonstration shall be considered to be
approved on the day after the date on
which that 90-day period ends.
``(ii) Deadline if additional information
requested.--
``(I) In general.--If the
Administrator requests additional
information from a State regarding an
exceptional event demonstration under
clause (i), not later than 90 days
after the submission of that additional
information, the Administrator shall
approve or disapprove the
demonstration.
``(II) Administration.--If the
Administrator does not approve or
disapprove a demonstration for which
additional information is submitted
within the 90-day period described in
subclause (I), the demonstration shall
be considered to be approved.
``(E) Burden of proof.--The regulations promulgated
under this section shall provide that--
``(i) a determination by the Administrator
with respect to approval or disapproval of an
exceptional event demonstration be based on a
preponderance of the evidence; and
``(ii) in making a determination, the
Administrator--
``(I) shall accord substantial
deference to the findings of the State
exceptional event demonstration; and
``(II) may develop and use analyses
and consider evidence not provided in
the exceptional event demonstration,
subject to the condition that the
analyses are developed by the
Environmental Protection Agency.
``(F) Appeals.--
``(i) Disapproval.--
``(I) In general.--Subject to
subclause (II), disapproval by the
Administrator of an exceptional event
demonstration shall be considered final
action subject to judicial review under
section 307(b).
``(II) Limitation.--Notwithstanding
subclause (I), disapproval by the
Administrator of an exceptional event
demonstration shall only be subject to
appeal by the State that submitted the
exceptional event demonstration.
``(ii) Approval.--Approval by the
Administrator of an exceptional event
demonstration shall not be subject to appeal or
other judicial action.''.
SEC. 3. REVISION OF REGULATIONS.
After providing for a notice and comment period, but not later than
180 days after the date of enactment of this Act, the Administrator of
the Environmental Protection Agency shall revise the regulations under
section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) to carry out
the amendments made by this Act. | Commonsense Legislative Exceptional Events Reforms Act of 2017 This bill amends the Clean Air Act to revise the criteria used by the Environmental Protection Agency in reviewing state air quality monitoring data influenced by exceptional events. Currently, an exceptional event affects air quality, is not reasonably controllable or preventable, and is caused by a natural event or by human activity that is unlikely to recur at a particular location. This bill allows an exceptional event to include a meteorological event involving high temperatures or lack of precipitation. Under current law, states may petition the EPA to exclude air quality monitoring data that are affected by an exceptional event in determining whether there were exceedances or violations of the National Ambient Air Quality Standards. The bill requires the criteria used by the EPA in determining whether an exceptional event was demonstrated by a state to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration. The EPA must make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. The demonstration is approved if the EPA does not make a determination by that deadline. A determination must be based on a preponderance of the evidence and give substantial deference to the findings of the state exceptional event demonstration. An appeal process for reviewing a disapproval of a demonstration is established. | Commonsense Legislative Exceptional Events Reforms Act of 2017 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Adjudication and Appeals Improvements Act of 1993''.
(b) References to Title 38, United States 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 title 38, United States Code.
TITLE I--ADJUDICATION IMPROVEMENTS
SEC. 101. ELIMINATION OF REQUIREMENT FOR ANNUAL INCOME QUESTIONNAIRES.
Section 1506 is amended--
(1) in paragraph (2), by striking out ``shall'' and
inserting in lieu thereof ``may''; and
(2) in paragraph (3), by striking out ``file a revised
report'' and inserting in lieu thereof ``notify the
Secretary''.
SEC. 102. TIME PERIOD FOR RESPONDING TO NOTICE OF INCOMPLETE
APPLICATION.
Section 5103(a) is amended by striking out ``one year'' and
inserting in lieu thereof ``120 days''.
SEC. 103. RESTATEMENT OF BURDEN OF PROOF, DUTY TO ASSIST, AND BENEFIT
OF DOUBT.
The text of section 5107 is amended to read as follows:
``(a) Except as otherwise provided in this title, a person who
submits a claim for benefits under a law administered by the Secretary
shall bear the burden of establishing such claim by submitting evidence
sufficient to justify a belief by a fair and impartial individual that
the claim is well grounded. A claim shall be considered to be well
grounded if the evidence presented is sufficient to evoke a reasonable
probability that the claim is valid. Mere allegations, unsupported by
evidence, shall not form the basis for a conclusion that the claim is
well grounded.
``(b) The Secretary shall provide reasonable assistance to a
claimant in developing the facts pertinent to the claim. Except in the
case of evidence or information within the control of the Department or
other Federal department or agency, the duty to provide such assistance
shall be considered to be met upon a showing of a good faith effort by
the Secretary to obtain such evidence. Nothing in this subsection shall
be construed as shifting from the claimant to the Secretary the burden
specified in subsection (a).
``(c) When, after consideration of all evidence and material of
record in a case before the Department with respect to benefits under
law administered by the Secretary, there is an approximate balance of
positive and negative evidence regarding the merits of an issue
material to the determination of the matter, the benefit of doubt in
resolving each such issue shall be given to the claimant.''.
SEC. 104. CLARIFICATION OF REVIEW ON REOPENED CLAIMS.
Section 5108 is amended by adding at the end the following: ``Such
review shall be limited to the issue to which the new and material
evidence is related.''.
SEC. 105. LIMIT ON RETROACTIVE AWARDS.
Section 5110 is amended by adding at the end the following:
``(o) The effective date of an award or an increased award based on
a finding of clear and unmistakable error in fact or law in a prior
decision shall be in accordance with the facts found, but shall not be
retroactive for more than ten years before receipt of the allegation of
error.''.
SEC. 106. PLAN FOR REORGANIZATION OF ADJUDICATION DIVISIONS IN REGIONAL
OFFICES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a plan
to provide for the reorganization of adjudication divisions located
within the regional offices of the Veterans Benefits Administration to
a number of such divisions that would result in greater efficiency in
the processing of claims filed by veterans, their survivors, or other
eligible persons for benefits administered by the Secretary.
SEC. 107. TRANSFER OF MILITARY MEDICAL RECORDS FROM DEPARTMENT OF
DEFENSE.
The Secretary of Veterans Affairs shall, not later than 90 days
after the date of the enactment of this Act, seek to enter into an
agreement with the Secretary of Defense to implement a plan to provide
for the immediate transfer to the Department of Veterans Affairs, upon
the separation of a member of the Armed Forces from active duty, of the
service medical records of that member.
TITLE II--BOARD OF VETERANS' APPEALS IMPROVEMENTS-
SEC. 201. COMPOSITION OF BOARD OF VETERANS' APPEALS.
(a) Repeal of Limitation on Size of Board.--Section 7101(a) is
amended by striking out ``(not more than 65)''.
(b) Ethical and Legal Limitations on Chairman.--Section 7101(b)(1)
is amended by inserting after the first sentence the following: ``The
Chairman shall be subject to the same ethical and legal limitations and
restrictions concerning involvement in partisan political activities as
apply to judges of the United States Court of Veterans Appeals.''.
(c) Temporary Members of the Board.--Section 7101(c)(1) is amended
to read as follows:
``(1) The number of temporary members of the Board may not exceed
10 percent of the total number of Board members at any time.''.
(d) Repeal of Report Requirement.--Paragraph (3) of section 7101(c)
is repealed.
SEC. 202. ASSIGNMENT OF MATTERS BEFORE THE BOARD.
Section 7102 is redesignated as section 7103 and is amended to read
as follows:
``Sec. 7103. Assignment of matters before the Board
``(a) Subject to subsection (b), the Chairman may determine any
matter before the Board, rule on any motion in connection therewith, or
may assign any such matter or motion to any other Board member or a
panel of members for determination. Any such assignment by the Chairman
shall not be reviewed by any other official or by any court, whether by
an action in the nature of mandamus or otherwise.
``(b) The authority granted under subsection (a) shall expire on
September 30, 1995.''.
SEC. 203. DETERMINATIONS BY THE BOARD.
Section 7103 is redesignated as section 7104 and the text thereof
is amended to read as follows:
``(a) When the Chairman retains a matter or submits it to another
Board member or panel of members for determination in accordance with
section 7102 of this title, or to a panel of Board members in
accordance with subsection (e), the Board member or members shall do
the following:
``(1) Issue an order dismissing any appeal, in whole or in
part, which fails to allege specific error of fact or law in
the determination being appealed or in which the determination
being appealed has become moot. Each order of dismissal shall
include a written statement of the Board's findings and
conclusions, and the reasons and bases for those findings and
conclusions, in support of the dismissal.
``(2) Issue an order remanding the case, in whole or in
part, to the agency of original jurisdiction for such
additional development as the member or panel of members may
consider necessary for proper disposition of the case.
``(3) Render a written decision with respect to any issues
not dismissed or remanded, which shall constitute the Board's
final disposition of the issues so decided. Such decision shall
be based on the entire record in the proceeding, upon
consideration of all evidence and material of record, and upon
applicable provisions of law and regulation.
``(b) Each decision of a Board member or of a panel of members
shall include--
``(1) a written statement of the Board's findings and
conclusions, and the reasons and bases for those findings and
conclusions, on all material issues of fact and law presented
on the record; and
``(2) an order granting appropriate relief or denying
relief.
``(c)(1) Decisions by a panel of Board members under this section
shall be based on a majority vote of the members of the panel.
``(2) The decision of a Board member or of a panel of members is
final unless the Chairman grants an administrative allowance as
authorized under subsection (d) or orders reconsideration of the case
pursuant to subsection (e).
``(d) Except in the case of a claim which has been the subject of
reconsideration pursuant to subsection (e), if a Board member other
than the Chairman is of the opinion that an otherwise final denial of a
claim should be revised or amended to allow the claim in whole or in
part based on a difference of opinion as to how the evidence should be
evaluated rather than on any error in the prior decision, the Board
member may recommend allowance of the claim to the Chairman. If the
Chairman agrees with the Board member, the Chairman shall approve the
award of any benefit or increase therein, on the basis of such
difference of opinion.
``(e)(1) A claimant may seek reconsideration of a final decision of
the Board by filing a motion for reconsideration with the Board within
120 days after the date on which notice of the Board's decision is
mailed pursuant to section 7104(e) of this title.
``(2) The Chairman or Vice Chairman shall review each motion for
reconsideration and may order such reconsideration upon a showing of
good cause. The decision of the Chairman or Vice Chairman to order
reconsideration or to deny such reconsideration shall not be reviewed
by any other official or by any court by an action in the nature of
mandamus or otherwise. If a motion for reconsideration is granted,
there shall be no further review by the Board of the matter except as
provided in this subsection.
``(3) If the Chairman or Vice Chairman orders reconsideration of an
appeal, the matter shall be referred to a panel of not less than three
Board members, not including the Board member who rendered the initial
decision, which shall render its decision after reviewing the entire
record before the Board.
``(4) The standard of review upon reconsideration shall be whether
the decision under consideration involved an obvious error in fact or
law affecting the result.
``(f) After reaching a determination under any of the provisions of
this section, the Board shall promptly mail a copy of its written
decision to the claimant and the claimant's authorized representative
(if any) at the last known address of the claimant and the last known
address of such representative (if any).
``(g) The Board shall be bound in its decisions by regulations of
the Department, and precedent opinions of the chief legal officer of
the Department.
``(h) A claim disallowed by the Board may not thereafter be
reopened except as provided in section 5108 of this title.''.
SEC. 204. JURISDICTION OF THE BOARD.
Section 7104 is transferred so as to appear after section 7101,
redesignated as section 7102, and amended to read as follows:
``Sec. 7102. Jurisdiction of the Board
``All questions in a matter which under section 511(a) of this
title is subject to decision by the Secretary shall be subject to one
review on appeal to the Secretary. Final decisions on such appeals
shall be made by the Board.''.
SEC. 205. FILING OF NOTICE OF DISAGREEMENT AND APPEAL.
(a) Period for Filing Notice of Disagreement.--Section 7105(b)(1)
is amended--
(1) by striking out ``one year'' in the first sentence and
inserting in lieu thereof ``120 days''; and
(2) by striking out ``one-year'' in the second sentence and
inserting in lieu thereof ``120-day''.
(b) Finality of Action or Determination.--Section 7105(d)(3) is
amended by adding after the third sentence the following: ``If no
formal appeal is received within this time period, the action or
determination shall become final and the claim may not thereafter be
reopened or allowed, except as may otherwise be provided by regulations
not inconsistent with this title.''.
(c) Repeal of Grounds for Dismissal.--Section 7105(d) is amended by
striking out paragraph (5).
SEC. 206. PERIOD FOR ADMINISTRATIVE APPEAL.
Section 7106 is amended by striking out ``one-year'' and inserting
in lieu thereof ``120-day''.
SEC. 207. HEARINGS.
Section 7110 is amended to read as follows:
``Sec. 7110. Hearings
``(a) The Board shall decide an appeal only after affording a
claimant an opportunity for a hearing.
``(b) A hearing docket shall be maintained and formal recorded
hearings shall be held by such member or members of the Board as the
Chairman may designate. Such Board member or members conducting such
hearing shall participate in the final determination in the claim.
``(c) A claimant may request a personal hearing before the Board at
either its principal location or at a regional office of the
Department. Any hearing held at a regional office of the Department
shall be scheduled for hearing in the order in which the requests for
hearings in that area are received by the Department. Other than a
hearing authorized under subsection (d), the Chairman may not authorize
more than 1,000 hearings by Board members at regional offices in any
fiscal year.
``(d) At the request of the Chairman, the Secretary may provide
suitable facilities and equipment to the Board or other components of
the Department to enable a claimant located at a regional office to
participate, through picture or voice transmission (or both) by
electronic or other means, in a hearing with a Board member or members
sitting at the Board's principal location. When such facilities and
equipment are available, the Chairman may afford a claimant an
opportunity to participate in a hearing before the Board through the
use of such facilities and equipment in lieu of a personal appearance
before the Board member or members. Any such hearing shall be conducted
in the same manner as, and be considered the equivalent of, a personal
hearing.''.
SEC. 208. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 71 is amended--
(1) by striking out the items relating to sections 7102,
7103, and 7104 and inserting in lieu thereof the following:
``7102. Jurisdiction of the Board.
``7103. Assignment of matters before the Board.
``7104. Filing of notice of disagreement and appeal.''; and
(2) by striking out the item relating to section 7110 and
inserting in lieu thereof the following:
``7110. Hearings.''.
SEC. 209. EFFECTIVE DATE.
The amendments made by this title shall take effect 60 days after
the date of the enactment of this Act.
TITLE III--COURT OF VETERANS APPEALS IMPROVEMENTS
SEC. 301. RECORD BEFORE COURT.
Section 7252(b) is amended by inserting ``entire'' after ``shall be
on the''.
SEC. 302. SCOPE OF REVIEW.
Section 7261(c) is amended by striking out the period at the end
and inserting in lieu thereof the following: ``, nor shall the Court
consider an issue not presented on appeal to the Board of Veterans'
Appeals.''.
SEC. 303. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to cases
for which an appeal is filed with the United States Court of Veterans
Appeals after the end of the 60-day period beginning on the date of the
enactment of this Act. | TABLE OF CONTENTS:
Title I: Adjudication Improvements
Title II: Board of Veterans' Appeals Improvements
Title III: Court of Veterans Appeals Improvements
Veterans' Adjudication and Appeals Improvements Act of 1993 -
Title I: Adjudication Improvements
- Authorizes (currently, directs) the Secretary of Veterans Affairs to require an annual income statement from persons receiving pension benefits from the Department of Veterans Affairs.
Reduces from one year to 120 days the time period for a Department claim applicant to respond to a notice of an incomplete application.
Limits the review of reopened claims to the issue to which the new and material evidence is related.
Limits the retroactive effective date of an award based on clear error to ten years before receipt of the allegation of such error.
Directs the Secretary to: (1) report to specified congressional committees a plan for the reorganization of adjudication divisions located within the regional offices of the Veterans Benefits Administration; and (2) enter into an agreement with the Secretary of Defense for the immediate transfer to the Department of the service medical records of individuals separated from the armed forces.
Title II: Board of Veterans' Appeals Improvements
- Repeals the current 65-person limit on the size of the Board of Veterans' Appeals. Requires the Chairman of the Board to be subject to the same ethical and legal limitations that apply to judges of the U.S. Court of Veterans Appeals. Repeals the requirement of an annual report on the number of temporary members appointed to the Board. Revises provisions concerning: (1) assignment of matters before the Board from the Chairman to other Board members; (2) determinations made by Board members (with a review of each decision by the Chairman or Vice Chairman); and (3) Board jurisdiction.
Reduces from one year to 120 days: (1) the period for the filing of a notice of disagreement and appeal to a Board decision; and (2) administrative appeals of decisions by designated officials of the Department.
Provides procedures for a Board hearing of an applicant's appeal, allowing such hearing to take place at either the Board's principal location or a regional office of the Department.
Title III: Court of Veterans Appeals Improvements
- Requires the U.S. Court of Veterans Appeals to review the entire record (currently, the record) of the previous proceedings before the Secretary and the Board. Prohibits the Court from considering an issue not presented on appeal to the Board. | Veterans' Adjudication and Appeals Improvements Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Law Enforcement Museum
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum Act
(Public Law 106-492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc. to build the National
Law Enforcement Museum on Federal land in the District of
Columbia to honor and commemorate the service and sacrifice of
law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the
street from the National Law Enforcement Officers Memorial in
Judiciary Square.
(3) The National Law Enforcement Museum will formally open
in September of 2018.
(4) The National Law Enforcement Museum's mission is--
(A) to honor and commemorate the extraordinary
service and sacrifice of America's law enforcement
officers;
(B) to serve as an important bridge between law
enforcement's past and present, between the heroes of
yesteryear and those who have followed in their
footsteps, and between America's peace officers and the
public they serve; and
(C) increase public understanding and support for
law enforcement and to promote law enforcement safety.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coin:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the National Law Enforcement Museum
and the service and sacrifice of law enforcement officers
throughout the history of the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Law Enforcement
Officers Memorial Fund, Inc.; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2021.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Law Enforcement Officers Memorial Fund, Inc.
for educational and outreach programs and exhibits.
(c) Audits.--The National Law Enforcement Officers Memorial Fund,
Inc., shall be subject to the audit requirements of section 5134(f)(2)
of title 31, United States Code, with regard to the amounts received
under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | National Law Enforcement Museum Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins that are emblematic of the National Law Enforcement Museum in Washington, DC, and the service and sacrifice of law enforcement officers throughout the history of the United States. All sales of such coins shall include specified surcharges, which shall be distributed to the National Law Enforcement Officers Memorial Fund, Inc., for educational and outreach programs and exhibits. | National Law Enforcement Museum Commemorative Coin Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau Advisory Opinion Act''.
SEC. 2. ADVISORY OPINIONS.
Section 1022(b) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5512(b)) is amended by adding at the end the following:
``(5) Advisory opinions.--
``(A) Establishing procedures.--
``(i) In general.--The Director shall
establish a procedure to provide responses to
specific inquiries by a covered person
concerning conformance of prospective conduct
with the Federal consumer financial law. In
establishing the procedures the Director shall
consult with the prudential regulators and such
other Federal departments and agencies as the
Director determines appropriate, and obtain the
views of all interested persons through a
public notice and comment period.
``(ii) Hypothetical inquiries prohibited.--
An inquiry may only be made by a covered person
under this paragraph with respect to conduct
that the person intends to engage in.
``(iii) Right to withdraw inquiry.--Any
covered person making an inquiry under this
paragraph may withdraw such inquiry at any time
prior to the Director issuing an opinion in
response to such inquiry, and any opinion based
on an inquiry that has been withdrawn shall
have no force or effect.
``(B) Issuance of opinions.--
``(i) In general.--The Director shall,
within 90 days after receiving an inquiry under
this paragraph, issue an opinion in response to
that inquiry. Such opinion shall state whether
or not the specified prospective conduct would,
for purposes of Bureau's present enforcement
policy, violate Federal consumer financial law.
``(ii) Extension permitted.--If the
Director determines that the Bureau requires
additional time to issue an opinion on an
inquiry, the Director may make a single
extension of the deadline described under
clause (i) of 45 days or less.
``(C) Rebuttable presumption.--In any action
brought under the Federal consumer financial law, there
shall be a rebuttable presumption that any conduct for
which the Director has issued an opinion that such
conduct is in conformity with the Bureau's
interpretation of Federal consumer financial law, is in
compliance with Federal consumer financial law. Such a
presumption may be rebutted by a preponderance of the
evidence. In considering such presumption, a court
shall weigh all relevant factors, including whether the
information submitted to the Director was accurate and
complete and whether the conduct at issue in the action
was within the scope of the conduct addressed in the
opinion of the Director.
``(D) Confidentiality.--Any document or other
material that is received by or prepared by the Bureau
or any other Federal department or agency in connection
with an inquiry under this paragraph, including any
opinion issued by the Director under this paragraph,
shall be exempt from disclosure under section 552 of
title 5, United States Code (commonly referred to as
the Freedom of Information Act) and may not, except
with the consent of the covered person making such
inquiry, be made publicly available, regardless of
whether the Director responds to such inquiry or the
covered person withdraws such inquiry before receiving
an opinion.
``(E) Assistance for small businesses.--
``(i) In general.--The Bureau shall assist,
to the maximum extent practicable, small
businesses in preparing inquiries under this
paragraph.
``(ii) Small business defined.--For
purposes of this clause, the term `small
business' has the meaning given the term `small
business concern' under section 3 of the Small
Business Act (15 U.S.C. 632).''. | Bureau Advisory Opinion Act - Amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to: (1) establish a procedure to respond to specific inquiries by a covered person concerning conformance of prospective conduct with federal consumer financial law, and (2) issue an opinion in response to the inquiry within 90 days (with a single allowable extension of another 45 days). (A "covered person" under the Act is: (1) any person that engages in offering or providing a consumer financial product or service, and (2) any affiliate of that person if the affiliate acts as a service provider to the person.) Creates a rebuttable presumption in any action brought under federal consumer financial law that any conduct for which the Director has issued an opinion that it is in conformity with the opinion is indeed in compliance with federal consumer financial law. Exempts such inquiries and advisory opinions from disclosure under the Freedom of Information Act. | Bureau Advisory Opinion Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Defense Overhead Cost
Savings and Transparency Act''.
SEC. 2. SUBMISSION OF REPORT.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees the covered study and any supporting
information used by the Defense Business Board to conduct such study.
(b) Public Release.--Pursuant to section 122a of title 10, United
States Code, the Secretary shall ensure that the covered study is made
publicly available.
(c) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(2) The term ``covered study'' means the study conducted by
the Defense Business Board titled ``Transforming Department of
Defense's Core Business Processes for Revolutionary Change''.
SEC. 3. EXPEDITED CONSIDERATION OF LEGISLATION TO IMPLEMENT STUDY.
(a) Qualifying Legislation Defined.--In this section, the term
``qualifying legislation'' means a bill or joint resolution of the
House of Representatives or the Senate--
(1) that is introduced by the Chairman or ranking member of
the Committee on Armed Services of the House of
Representatives, the Chairman or ranking member of the
Committee on Armed Services of the Senate, the Majority Leader
of the House of Representatives, the Minority Leader of the
House of Representatives, the Majority Leader of the Senate, or
the Minority Leader of the Senate;
(2) the title of which is as follows: ``To implement cost
savings in the Department of Defense as identified by the
Defense Business Board.''; and
(3) consists solely of the following provisions:
(A) Provisions that allow for a short title,
findings, or other text that does not affect the
authority or responsibility of the President or a
department or agency of the Federal Government.
(B) Provisions that implement not less than 80
percent of the cost savings in the Department of
Defense as identified by the Defense Business Board in
the study titled ``Transforming Department of Defense's
Core Business Processes for Revolutionary Change'' and
submitted to Congress pursuant to section 2.
(b) Consideration.--
(1) Committee referral.--Qualifying legislation that is
introduced in the House of Representatives shall be referred to
the Committee on Armed Services of the House of
Representatives. Qualifying legislation introduced in the
Senate shall be referred to the Committee on Armed Services of
the Senate.
(2) Reporting and discharge.--If the committee to which
qualifying legislation is referred has not reported the
qualifying legislation within 10 session days after the date of
referral of the legislation, the committee shall be discharged
from further consideration of the legislation, and the
qualifying legislation shall be placed on the appropriate
calendar of the House involved.
(3) Consideration.--On or after the third day after the
date on which the committee to which qualifying legislation is
referred has reported, or has been discharged under paragraph
(2) from further consideration of, such legislation, it is in
order (even though a previous motion to the same effect has
been disagreed to) for any Member of the respective House to
move to proceed to the consideration of the qualifying
legislation. A Member may make the motion only on the day after
the calendar day on which the Member announces to the House
concerned the Member's intention to make the motion, except
that, in the case of the House of Representatives, the motion
may be made without such prior announcement if the motion is
made by direction of the committee to which the qualifying
legislation was referred. All points of order against the
qualifying legislation (and against consideration of the
qualifying legislation) are waived. The motion is highly
privileged in the House of Representatives and is privileged in
the Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed to
the consideration of the qualifying legislation is agreed to,
the respective House shall immediately proceed to consideration
of the qualifying legislation without intervening motion,
order, or other business, and the qualifying legislation shall
remain the unfinished business of the respective House until
disposed of.
(4) Debate.--Debate on qualifying legislation, and on all
debatable motions and appeals in connection therewith, shall be
limited to not more than 20 hours, which shall be divided
equally between, and controlled by, the Majority Leader and the
Minority Leader or their designees. A motion to further limit
debate is in order and not debatable. The only amendments to
the qualifying legislation that are in order are amendments
that seek to ensure the qualifying legislation meets the
criteria under subsection (a)(3). A motion to postpone, or a
motion to proceed to the consideration of other business, or a
motion to recommit the qualifying legislation is not in order.
A motion to reconsider the vote by which the qualifying
legislation is agreed to or disagreed to is not in order.
(5) Vote on passage.--Immediately following the conclusion
of the debate on the qualifying legislation and a single quorum
call at the conclusion of the debate if requested in accordance
with the rules of the appropriate House, the vote on final
passage of the qualifying legislation shall occur.
(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of the rules
of the Senate or the House of Representatives, as the case may
be, to the procedure relating to qualifying legislation shall
be decided without debate.
(c) Consideration by Other House.--
(1) In general.--If, before the passage by one House of
qualifying legislation of that House, that House receives from
the other House qualifying legislation, then the following
procedures shall apply:
(A) The qualifying legislation of the other House
shall not be referred to a committee and may not be
considered in the House receiving it except in the case
of final passage as provided in subparagraph (B)(ii).
(B) With respect to any qualifying legislation of
the House receiving the qualifying legislation--
(i) the procedure in that House shall be
the same as if no qualifying legislation had
been received from the other House; but
(ii) the vote on final passage shall be on
the qualifying legislation of the other House.
(2) Disposition.--Upon disposition of the qualifying
legislation received from the other House, it shall no longer
be in order to consider the qualifying legislation that
originated in the receiving House.
(d) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of qualifying legislation described in
subsection (a)(1), and supersedes other rules only to the
extent that this section is inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Department of Defense Overhead Cost Savings and Transparency Act This bill requires the Department of Defense (DOD) to: (1) submit to specified congressional committees the Defense Business Board study entitled "Transforming Department of Defense's Core Business Processes for Revolutionary Change" and any supporting information used by the board to conduct such study, and (2) make such study publicly available. The bill sets forth House and Senate procedures for the expedited consideration of legislation to implement at least 80% of the DOD cost savings identified in such study. | Department of Defense Overhead Cost Savings and Transparency Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Insurance Rate Authority Act
of 2010''.
SEC. 2. ENSURING THAT CONSUMERS GET VALUE FOR THEIR DOLLARS.
(a) In General.--Part C of title XXVII of the Public Health Service
Act (42 U.S.C. 300gg-91 et seq.) is amended by adding at the end the
following:
``SEC. 2793. ENSURING THAT CONSUMERS GET VALUE FOR THEIR DOLLARS.
``(a) Initial Rate Review Process.--
``(1) In general.--
``(A) Establishment.--The Secretary, in conjunction
with States, shall establish a uniform process for the
review, beginning with the 2011 plan year, of
potentially unreasonable increases in rates for health
insurance coverage, which shall include premiums.
``(B) Electronic reporting.--The process
established under subparagraph (A) shall include an
electronic reporting system established by the
Secretary through which health insurance issuers
shall--
``(i) report to the Secretary and State
insurance commissioners the information
requested by the Secretary pursuant to this
subsection; and
``(ii) submit data to the uniform data
collection system in accordance with paragraph
(6)(A).
``(C) Authority of states.--Nothing in subparagraph
(A) or (B) shall be construed to prohibit a State from
imposing additional requirements on health insurance
issuers with respect to increases in rates for health
insurance coverage, including with respect to reporting
information to a State.
``(2) Justification and disclosure.--The process
established under paragraph (1) shall require health insurance
issuers to submit to the Secretary and the relevant State a
justification for a potentially unreasonable rate increase
prior to the implementation of the increase. Such issuers shall
prominently post such information on their Internet websites.
The Secretary shall ensure the public disclosure of information
on such increases and justifications for all health insurance
issuers.
``(3) Health insurance rate authority.--
``(A) In general.--The Secretary shall establish a
Health Insurance Rate Authority (referred to in this
paragraph as the `Authority') to be composed of 7
members to be appointed by the Secretary, of which--
``(i) at least 2 members shall be a
consumer advocate with expertise in the
insurance industry;
``(ii) at least 1 member shall be an
individual who is a medical professional;
``(iii) at least 1 member shall be a
representative of health insurance issuers; and
``(iv) such remaining members shall be
individuals who are recognized for their
expertise in health finance and economics,
actuarial science, health facility management,
health plans and integrated delivery systems,
reimbursement of health facilities, and other
related fields, who provide broad geographic
representation and a balance between urban and
rural members.
``(B) Role.--In addition to the other duties of the
Authority set forth in this subsection, the Authority
shall advise and make recommendations to the Secretary
concerning the Secretary's duties under this
subsection.
``(4) Corrective action for unreasonable rate increases.--
``(A) In general.--Pursuant to the procedures set
forth in this paragraph, the Secretary or the relevant
State insurance commissioner shall--
``(i) in accordance with the process
established under paragraph (1), review
potentially unreasonable increases in rates and
determine whether such increases are
unreasonable; and
``(ii) take action to ensure that any rate
increase found to be unreasonable under clause
(i) is corrected, through mechanisms
including--
``(I) denial of the rate increase;
``(II) modification of the rate
increase;
``(III) ordering rebates to
consumers; or
``(IV) any other actions that
correct for the unreasonable increase.
``(B) Required report; definition.--The Secretary
shall ensure that, not later than 6 months after the
date of enactment of this section, the National
Association of Insurance Commissioners (referred to in
this section as the `Association'), in conjunction with
States, or other appropriate body, will provide to the
Secretary and the Authority--
``(i) a report on--
``(I) State authority to review
rates and take corrective action in
each insurance market, and
methodologies used in such reviews;
``(II) rating requests received by
the State in the previous 12 months and
subsequent actions taken by States to
approve, deny, or modify such requests;
and
``(III) justifications by insurance
issuers for rate requests; and
``(ii)(I) a recommended definition of
unreasonable rate increase, which shall
consider a lack of actuarial justification for
such increase; and
``(II) other recommended definitions for
the purposes of carrying out this subsection.
``(C) Determination of who conducts reviews for
each state.--Using the report submitted pursuant to
subparagraph (B), the Secretary shall determine not
later than 1 year after the date of enactment of this
section and periodically thereafter--
``(i) for which States the State insurance
commissioner shall undertake the actions
described in subparagraph (A)--
``(I) based on the Secretary's
determination that the State has
sufficient authority and capability to
deny rates, modify rates, provide
rebates, or take other corrective
actions; and
``(II) as a condition of receiving
a grant under subsection (c)(1); and
``(ii) for which States the Secretary shall
undertake the actions described in subparagraph
(A), in consultation with the relevant State
insurance commissioner, based on the
Secretary's determination that such States lack
the authority and capability described in
clause (i).
``(D) Transition period.--Until the Secretary makes
the determinations described in subparagraph (C), the
relevant State insurance commissioner shall, as a
condition of receiving a grant under subsection (c)(1),
carry out the actions described in subparagraph (A) to
the extent permissible under State law.
``(5) Prioritizing potentially unreasonable rate increases
for review.--The Secretary or the relevant State insurance
commissioner may prioritize--
``(A) rate increases that will impact large numbers
of consumers;
``(B) rate reviews requested from States, if
applicable; and
``(C) rate reviews in the individual and small
group markets.
``(6) Annual report.--
``(A) Uniform data collection system.--The
Secretary, in consultation with the Association and the
Authority, shall develop, and may contract with the
Association to operate, a uniform data collection
system for new and increased rate information, which
shall include information on rates, medical loss
ratios, consumer complaints, solvency, reserves, and
any other relevant factors of market conduct.
``(B) Preparation of annual report.--Using the data
obtained in accordance with subparagraph (A), the
Authority shall annually produce a single, aggregate
report on insurance market behavior, which includes at
least State-by-State information on rate increases from
one year to the next, including by health insurance
issuer and by market and including medical trends,
benefit changes, and relevant demographic changes.
``(C) Distribution.--The Authority shall share the
annual report described in subparagraph (B) with
States, and include such report in the information
disclosed to the public.
``(b) Continuing Rate Review Process.--As a condition of receiving
a grant under subsection (c)(1), a State, through the applicable State
insurance commissioner, shall provide the Secretary with information
about trends in rate increases in health insurance coverage in premium
rating areas in the State, in accordance with the uniform data
collection system established under subsection (a)(6)(A).
``(c) Grants in Support of Process.--
``(1) Rate review grants.--The Secretary shall carry out a
program to award grants to States beginning with fiscal year
2010 to assist such States in carrying out subsection (a),
including--
``(A) in reviewing and, if appropriate under State
law, approving or taking corrective action with respect
to rate increases for health insurance coverage; and
``(B) in providing information to the Secretary
under subsection (b).
``(2) Funding.--
``(A) In general.--There is authorized to be
appropriated to the Secretary $250,000,000, to be
available for expenditure for grants under paragraph
(1).
``(B) Allocation.--The Secretary shall establish a
formula for determining the amount of any grant to a
State under this subsection. Under such formula--
``(i) the Secretary shall consider the
number of plans of health insurance coverage
offered in each State and the population of the
State; and
``(ii) no State qualifying for a grant
under paragraph (1) shall receive more than
$5,000,000 for a grant year.
``(d) Authorization of Appropriations.--In addition to the amount
authorized under subsection (c)(2), there are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2010
and such sums as may be necessary for each subsequent fiscal year.''.
(b) Enforcement.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended--
(1) in section 2722--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2793'' after ``this part''; and
(ii) in paragraph (2), by inserting ``or
section 2793'' after ``this part''; and
(B) in subsection (b)--
(i) in paragraph (1), by inserting ``and
section 2793'' after ``this part''; and
(ii) in paragraph (2), by inserting ``or
section 2793'' after ``this part'' each place
such term appears; and
(2) in section 2761--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``and
section 2793'' after ``this part''; and
(ii) in paragraph (2)--
(I) by inserting ``or section
2793'' after ``set forth in this
part''; and
(II) by inserting ``and section
2793'' after ``the requirements of this
part''; and
(B) in subsection (b)--
(i) by inserting ``and section 2793'' after
``this part''; and
(ii) by inserting ``and section 2793''
after ``part A''.
(c) Effective Date.--The amendment made by this section shall take
effect on the date of enactment of this Act. | Health Insurance Rate Authority Act of 2010 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to establish a uniform process for the review of potentially unreasonable increases in rates for health insurance coverage, including premiums.
Directs the Secretary to establish a Health Insurance Rate Authority to advise and make recommendations to the Secretary.
Sets forth corrective actions for unreasonable increases in rates.
Requires the Secretary to ensure that the National Association of Insurance Commissioners or other appropriate body will provide to the Secretary and the Authority a report on: (1) state authority to review rates and take corrective action; (2) rating requests received by a state and actions taken; (3) justifications by insurance issuers for rate requests; and (4) a recommended definition of unreasonable rate increase. Requires the Secretary to determine for which states: (1) the state insurance commissioner will review rate increases and take corrective action; and (2) the Secretary will undertake such actions based on the Secretary's determination that such states lack sufficient authority and capability.
Directs the Secretary to develop a uniform data collection system for new and increased rate information.
Requires the Authority to produce annually a single, aggregate report on insurance market behavior.
Directs states, as a condition of receiving a grant under this Act, to provide the Secretary with information about trends in rate increases in health insurance coverage in premium rating areas in the state.
Requires the Secretary to carry out a program to award grants to states to carry out this Act.
Authorizes the Secretary to enforce this Act if a state does not substantially enforce its provisions. Establishes civil penalties for violations. | To provide for the establishment of a Health Insurance Rate Authority to establish limits on premium rating, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Representative Reform Act
Stop Special Treatment Provision''.
TITLE I--CONGRESSIONAL EXEMPTIONS
SEC. 101. APPLICATION.
(a) General Rule.--Notwithstanding any other provision of law, the
laws specified in subsection (b) shall, to the extent that they relate
to the terms and conditions of employment (including hiring, promotion
or demotion, salary, benefits, work assignments or reassignments,
overtime, and termination), the health and safety of employees, and the
rights and responsibilities of employers and employees, apply to the
Congress in the same manner and to the same extent as they apply--
(1) in the case of a private person, to such a person; and
(2) in the case of an Executive agency (as defined by
section 105 of title 5, United States Code), to such an agency.
(b) Laws Made Applicable to Congress by This Act.--The laws
referred to in subsection (a) are the following:
(1) Social Security Act (42 U.S.C. 301 et seq.).
(2) National Labor Relations Act (29 U.S.C. 151 et seq.).
(3) Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.).
(4) Civil Rights Act of 1964.
(5) Age Discrimination in Employment Act of 1967 (29 U.S.C.
621 et seq.).
(6) Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.).
(7) Title IX of the Education Amendments of 1972.
(8) Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(9) Privacy Act of 1974 (5 U.S.C. 552a, 552a note).
(10) Age Discrimination Act of 1975 (42 U.S.C. 6101 et
seq.).
(11) Ethics in Government Act of 1978.
(12) Americans with Disabilities Act of 1990.
(c) Application of the Freedom of Information Act.--The Congress,
and the instrumentalities of Congress, shall be subject to section 552
of title 5, United States Code (commonly referred to as the ``Freedom
of Information Act'') to the same extent that Executive agencies (as
defined by section 105 of title 5, United States Code) are subject to
such section 552.
(d) Application of Independent Counsel Provisions.--Chapter 40 of
title 28, United States Code (relating to independent counsel), shall
apply to the Congress, such that the individuals referred to in
subsection (e)(1), (2), (3), (6), and (7) of this Act shall be deemed
to be included in section 519(b) of title 28, United States Code.
(e) Individuals Covered by Act.--This Act shall apply to the
following individuals:
(1) A Senator or Representative in, or Resident
Commissioner or Delegate to, the Congress (hereafter in this
Act referred to as ``Members'').
(2) An employee of either House of Congress, of a committee
of either House, or a joint committee of the two Houses.
(3) An elected officer of either House who is not a Member.
(4) The Legislative Counsel of either House and an employee
of the Legislative Counsel.
(5) A member of the Capitol Police.
(6) An employee of a Member if the pay of the employee is
paid by the Secretary of the Senate or the Clerk of the House
of Representatives.
(7) An employee of the instrumentalities of Congress,
including the Congressional Research Service, the Office of
Technology Assessment, the General Accounting Office, the
Office of the Architect of the Capitol, the Botanic Gardens,
the Government Printing Office, the Library of Congress, the
Congressional Budget Office, and the Copyright Royalty
Tribunal.
(f) Employees in the District or State Office of a Member.--For the
purposes of determining whether the individuals employed in the
district or State office of a Member are subject to the laws set forth
in section 2, the district or State office shall be treated as if it
were an affiliated branch of a private employer under the laws in
section 2.
(g) Place of Residence and Political Affiliation.--Notwithstanding
the laws set forth in section 2, a Member may consider the political
affiliation and place of residence of an individual seeking employment
on the personal staff of that Member.
(h) Conforming Amendment.--Section 509 of the Americans with
Disabilities Act of 1990 (104 Stat. 373) is repealed.
(i) Application of Small Business Exemption to Members.--To the
extent that a law referred to in section 2 contains an exemption for a
small business, such an exemption shall apply to a Member if the
aggregate number of employees of the Member and employees attributable
to the Member does not exceed the number of employees necessary to
qualify as a small business under the exemption. For the purposes of
this subsection, the number of employees attributable to a Member
equals the result of the sum of the employees specified in subsection
(e)(2), (3), (4), (6) and (7) who work in the District of Columbia and
are employed by the House in which that Member sits, divided by the
number of Members of that House.
SEC. 102. RIGHT OF APPEAL.
If any individual referred to in section 2(e) is aggrieved by an
action taken pursuant to this Act, such individual may seek review of
that action in a Federal district court of competent jurisdiction and
shall have the same rights and remedies provided to private persons
under the laws referred to in section 2.
TITLE II--CONGRESSIONAL PERKS
SEC. 201. PAYMENT FOR MEDICAL CARE FOR MEMBERS OF CONGRESS.
(a) Payment.--All Members of the House of Representatives and
Senators shall pay full market value for all medical services, medical
tests, and medications provided by the Office of the Attending
Physician.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund within the contingent fund of the
House of Representatives to be known as the Office of the Attending
Physician Revolving Fund (hereafter in this section referred to as the
``revolving fund'').
(c) Deposits and Expenditures.--
(1) All moneys received by the Office of the Attending
Physician from payments made under subsection (a) or from any
other source shall be deposited to the fund credit of the
revolving fund. Moneys in the revolving fund shall be available
without fiscal year limitation for disbursement by the Sergeant
at Arms and Doorkeeper of the House of Representatives for
necessary supplies and expenses of the Office of the Attending
Physician.
(2) On or before December 31 of each year, the House
Administrator of the House of Representatives shall withdraw
from the revolving fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in excess of
$5,000 in the revolving fund at the close of the preceding
fiscal year.
(3) Disbursements from the revolving fund shall be made
upon vouchers signed by the Sergeant at Arms.
SEC. 202. ELIMINATION OF HOUSE BARBER SHOPS AND BEAUTY SALONS.
(a) Notwithstanding any other provision of law, all beauty shops
and barber shops located on the premises of any property belonging to
the House of Representatives shall be closed ninety days after the date
of enactment of this Act.
SEC. 203. EXPRESSING A SENSE OF CONGRESS THAT PAYMENT SHOULD BE MADE
FOR PARKING AT NATIONAL AIRPORT FOR MEMBERS OF CONGRESS.
It is the sense of the House of Representatives that Members of
Congress should be charged rates comparable to those in other parking
facilities at Washington National Airport, and that records of such
expenses be made accessible to the public.
SEC. 204. ESTABLISH MARKET RATES FOR HEALTH FACILITIES FOR MEMBERS OF
CONGRESS.
(a) Payment.--All Members of the House of Representatives shall pay
full market value for the use of the health facilities located on the
premises of the Capitol or any House office building.
(b) Deposit.--The House Administrator shall submit amounts paid
under subsection (a) for deposit in the general fund of the Treasury.
SEC. 205. EXPRESSING A SENSE OF CONGRESS THAT MEMBERS OF CONGRESS
SHOULD PAY THE ENTIRE EXPENSE ASSOCIATED WITH THEIR
HEALTH INSURANCE.
It is the sense of the House of Representatives that the Federal
Government shall not bear any of the cost of health insurance for
Members of the House of Representatives.
SEC. 206. STUDY TO IDENTIFY THE ALL BENEFITS THAT ACCRUE TO MEMBERS OF
THE HOUSE OF REPRESENTATIVES.
(a) Study.--The General Accounting Office shall conduct a study to
identify all benefits that accrue to Members of the House of
Representatives and shall determine the market value or a close
approximation of each of those benefits and the extent to which tax
dollars are used to pay for each service.
(b) Report to Congress.--Before the end of the six month period
beginning on the date of enactment of this Act, the General Accounting
Office shall submit a report to the Congress on the findings and
conclusions made with respect to the study under subsection (a).
TITLE III--MISCELLANEOUS
SEC. 301. PROMULGATION OF IMPLEMENTING REGULATIONS.
Not later than a one hundred and eighty-day period beginning on the
date of enactment of this Act, the House of Representatives and the
Senate shall each promulgate rules and regulations to carry out this
Act, including specifically implementing each of the laws set forth in
section 101. Such rules and regulations shall be consistent with
Federal law. | TABLE OF CONTENTS:
Title I: Congressional Exemptions
Title II: Congressional Perks
Title III: Miscellaneous
Citizen Representative Reform Act Stop Special Treatment Provision -
Title I: Congressional Exemptions
- Makes applicable to the Congress the following Federal laws, to the extent that they relate to the terms and conditions of employment, the health and safety of employees, and the rights and responsibilities of employers and employees: (1) Social Security Act; (2) National Labor Relations Act; (3) Fair Labor Standards Act of 1938; (4) Civil Rights Act of 1964; (5) Age Discrimination in Employment Act of 1967; (6) Occupational Safety and Health Act of 1970; (7) title IX of the Education Amendments of 1972; (8) Rehabilitation Act of 1973; (9) Privacy Act of 1974; (10) Age Discrimination Act of 1975; (11) Ethics in Government Act of 1978 and (12) Americans with Disabilities Act of 1990.
Makes applicable to the Congress the Freedom of Information Act and specified provisions of Federal law relating to the independent counsel.
Title II: Congressional Perks
- Directs all Members of Congress to pay full market value for all medical services, medical tests, and medications provided by the Office of the Attending Physician.
Establishes the Office of Attending Physician Revolving Fund in the Treasury (within the contingent fund of the House of Representatives) for deposit of such payments and monies received from any other source.
Orders the closing of all beauty and barber shops on the premises of any property belonging to the House of Representatives.
Expresses the sense of the House of Representatives that: (1) Members of Congress should be charged rates comparable to those in other parking facilities at Washington National Airport; and (2) records of such expenses should be made accessible to the public.
Directs all Members of the House to pay full market value for the use of the health facilities on the premises of the Capitol or any House office building.
Expresses the sense of the House of Representatives that the Federal Government shall not bear any of the cost of health insurance for its Members.
Directs the General Accounting Office to: (1) identify and report to the Congress on all benefits that accrue to Members of the House; and (2) determine the market value or a close approximation of each of those benefits and to what extent tax dollars are used to pay for them.
Title III: Miscellaneous
- Requires the House and the Senate to promulgate rules and regulations to carry out this Act. | Citizen Representative Reform Act Stop Special Treatment Provision |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Investor Protections
Enhancement Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Senior.--The term ``senior'' means an individual who is
62 years of age or older.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 77b et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a et seq.), and the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.).
SEC. 3. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1933.
(a) Civil Actions.--Section 20(d)(2) of the Securities Act of 1933
(15 U.S.C. 77t(d)(2)) is amended by adding at the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(b) Other Violations.--Section 24 of the Securities Act of 1933 (15
U.S.C. 77x) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of a fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 4. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1934.
(a) Civil Actions.--Section 21(d)(3)(B) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end
the following:
``(iv) Special rule for seniors.--
Notwithstanding clauses (i), (ii), and (iii),
the amount of penalty for each violation
described in subparagraph (A) that may be
imposed under clause (i), (ii), or (iii) may be
increased by not more than $50,000, if the
violation is primarily directed toward,
targets, or is committed against an individual
who, at the time of the violation, is 62 years
of age or older.''.
(b) Willful Violations.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the
following:
``(4) Special rule for seniors.--Notwithstanding paragraphs
(1), (2), and (3), the amount of penalty for each violation
described in subsection (a) that may be imposed under paragraph
(1), (2), or (3) may be increased by not more than $50,000, if
the violation is primarily directed toward, targets, or is
committed against an individual who, at the time of the
violation, is 62 years of age or older.''.
(c) Other Violations.--Section 32 of the Securities Exchange Act of
1934 (15 U.S.C. 78ff) is amended by adding at the end the following:
``(d) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 5. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT COMPANY ACT OF
1940.
(a) Willful Violations.--Section 9(d)(2) of the Investment Company
Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(b) Civil Actions.--Section 42(e)(2) of the Investment Company Act
of 1940 (15 U.S.C. 80a-41(l)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(c) Other Violations.--Section 49 of the Investment Company Act of
1940 (15 U.S.C. 80a-48) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 6. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT ADVISERS ACT OF
1940.
(a) Willful Violations.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at
the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(b) Civil Actions.--Section 209(e)(2) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation under this title that may be imposed
under subparagraph (A), (B), or (C) may be increased by
not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an
individual who, at the time of the violation, is 62
years of age or older.''.
(c) Other Violations.--Section 217 of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-17) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 7. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guideline offense levels and enhancements appropriately punish
violations of the securities laws against seniors.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that section 2B1.1 and 2C1.1 of the Federal
sentencing guidelines (and any successors thereto) apply to and
punish offenses in which the victim of a violation of the
securities laws is a senior;
(2) ensure reasonable consistency with other relevant
directives, provisions of the Federal sentencing guidelines,
and statutory provisions;
(3) make any necessary and conforming changes to the
Federal sentencing guidelines, in accordance with the
amendments made by this Act; and
(4) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code. | Senior Investor Protections Enhancement Act of 2008 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to increase to a maximum of $50,000 the civil penalty for a violation of the Act primarily directed toward or committed against a senior (age 62 or older).
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors. | A bill to enhance penalties for violations of securities protections that involve targeting seniors. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Wall Street Pay for the
Restoration of Main Street Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Our Nation continues to be hamstrung by a recession
that led to the current jobless recovery and record deficits.
(2) The unemployment rate is now 10.2 percent and most
economists expect it to climb higher.
(3) The Federal deficit has reached $1,400,000,000,000 for
2009.
(4) The jobless recovery suggests that the Federal
Government must continue to prime the economy, but the record
deficit is a real obstacle.
(5) Following their $700,000,000,000 bailout, Wall Street
is now enjoying a resurgence in profits and bonuses.
(6) A robust economy needs more than Wall Street profits.
Main Street America is strengthened by good paying jobs for all
Americans, not just Wall Street bankers.
(7) To restore Main Street America, a small securities
transaction tax on Wall Street should be invested in job
creation for Main Street America.
(8) A securities transaction tax on Wall Street has a
negligible impact on the average investor and pension funds.
(9) This transfer tax would be assessed on the sale and
purchase of financial instruments such as stocks, options, and
futures. A quarter percent (0.25 percent) tax on financial
transactions could raise approximately $150,000,000,000 a year.
(10) The United States had a transfer tax from 1914 to
1966. The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331,
38 Stat. 745)) levied a 0.2 percent tax on all sales or
transfers of stock. In 1932, Congress more than doubled the tax
to help financial recovery and job creation during the Great
Depression.
(11) Half the revenue generated by this transaction tax
will be used to directly reduce the deficit.
(12) Half of the revenue generated by this transaction tax
will deposited in a Job Creation Reserve to fund the creation
of good paying jobs and put Americans back to work rebuilding
our Nation.
SEC. 3. JOB CREATION RESERVE FOR INVESTMENTS IN MIDDLE CLASS JOBS.
(a) In General.--For budgetary purposes, half the additional
Federal receipts by reason of the enactment of this Act shall be held
in a separate account to be known as the ``Job Creation Reserve''. The
Job Creation Reserve shall be available to offset the additional costs
from the Surface Transportation Authorization Act of 2009 and
subsequent legislation to fund job creation in the United States
provided that the subsequent legislation--
(1) promotes jobs that pay at least the median wage of the
United States;
(2) promotes manufacturing and other jobs we are losing to
unfair overseas competition; and
(3) prohibits any recipient of the Troubled Asset Relief
Program from directly benefitting from any funds in this
reserve.
(b) Procedure for Adjustments.--
(1) Budget committee chairman.--After the reporting of a
bill or joint resolution, or the offering of an amendment
thereto or the submission of a conference report thereon,
providing funding for the purposes set forth in subsection (a)
in excess of the amounts provided for those purposes for fiscal
year 2010, the chairman of the Committee on the Budget of the
applicable House of Congress shall make the adjustments set
forth in paragraph (2) for the amount of new budget authority
and outlays in that measure and the outlays flowing from that
budget authority.
(2) Matters to be adjusted.--The adjustments referred to in
paragraph (1) are to be made to--
(A) the discretionary spending limits, if any, set
forth in the appropriate concurrent resolution on the
budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a) of the Congressional Budget
Act of 1974; and
(C) the budget aggregates contained in the
appropriate concurrent resolution on the budget as
required by section 301(a) of the Congressional Budget
Act of 1974.
(3) Amounts of adjustments.--The adjustments referred to in
paragraphs (1) and (2) shall not exceed half the receipts
estimated by the Congressional Budget Office that are
attributable to this Act for the fiscal year in which the
adjustments are made.
SEC. 4. DEFICIT REDUCTION.
It is the Sense of Congress that half the additional Federal
receipts by reason of the enactment of this Act shall not be expended
and therefore reduce the Federal deficit. The Committee on the Budget
shall clearly report this deficit reduction in the committee report for
the budget resolution.
SEC. 5. RECOUPMENT OF WALL STREET BAILOUT.
(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 Securities Transactions
``Sec. 4475. Tax on securities transactions.
``SEC. 4475. TAX ON SECURITIES TRANSACTIONS.
``(a) Imposition of Tax.--
``(1) Stocks.--There is hereby imposed a tax on each
covered transaction in a stock contract of 0.25 percent of the
value of the instruments involved in such transaction.
``(2) Futures.--There is hereby imposed a tax on each
covered transaction in a futures contract of 0.02 percent of
the value of the instruments involved in such transaction.
``(3) Swaps.--There is hereby imposed a tax on each covered
transaction in a swaps contract of 0.02 percent of the value of
the instruments involved in such transaction.
``(4) Credit default swaps.--There is hereby imposed a tax
on each covered transaction in a credit default swaps contract
of 0.02 percent of the value of the instruments involved in
such transaction.
``(5) Options.--There is hereby imposed a tax on each
covered transaction in an options contract with respect to a
transaction described in paragraph (1), (2), (3), or (4) of--
``(A) the rate imposed with respect to such
underlying transaction under paragraph (1), (2), (3),
or (4) (as the case may be), multiplied by
``(B) the premium paid on such option.
``(b) Exception for Retirement Accounts, etc.--No tax shall be
imposed under subsection (a) with respect to any stock contract,
futures contract, swaps contract, credit default swap, or options
contract which is held in any plan, account, or arrangement described
in section 220, 223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530.
``(c) Exception for Interests in Mutual Funds.--No tax shall be
imposed under subsection (a) with respect to the purchase or sale of
any interest in a regulated investment company (as defined in section
851) or of any derivative of such an interest.
``(d) 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 on
a trading facility located in the United States, such
trading facility, or
``(B) in any other case, the purchaser with respect
to the transaction.
``(2) Withholding if buyer is not a united states person.--
See section 1447 for withholding by seller if buyer is a
foreign person.
``(e) Covered Transaction.--The term `covered transaction' means
any purchase or sale if--
``(1) such purchase or sale occurs on a trading facility
located in the United States, or
``(2) the purchaser or seller is a United States person.
``(f) Administration.--The Secretary shall carry out this section
in consultation with the Securities and Exchange Commission and the
Commodity Futures Trading Commission.''.
(b) Credit for First $100,000 of Stock Transactions Per Year.--
Subpart C of part IV of subchapter A of chapter 1 of such Code is
amended by inserting after section 36A the following new section:
``SEC. 36B. CREDIT FOR SECURITIES TRANSACTION TAXES.
``(a) Allowance of Credit.--In the case of any purchaser with
respect to a covered transaction, there shall be allowed as a credit
against the tax imposed by this subtitle for the taxable year an amount
equal to the lesser of--
``(1) the aggregate amount of tax imposed under section
4475 on covered transactions during the taxable year with
respect to which the taxpayer is the purchaser, or
``(2) $250 ($500 in the case of a joint return).
``(b) Aggregation Rule.--For purposes of this section, all persons
treated as a single employer under subsection (a) or (b) of section 52,
or subsection (m) or (o) of section 414, shall be treated as one
taxpayer.
``(c) Definitions.--For purposes of this section, any term used in
this section which is also used in section 4475 shall have the same
meaning as when used in section 4475.''.
(c) Withholding.--Subchapter A of chapter 3 of such Code is amended
by adding at the end the following new section:
``SEC. 1447. WITHHOLDING ON SECURITIES TRANSACTIONS.
``(a) In General.--In the case of any outbound securities
transaction, the transferor shall deduct and withhold a tax equal to
the tax imposed under section 4475 with respect to such transaction.
``(b) Outbound Securities Transaction.--For purposes of this
section, the term `outbound securities transaction' means any covered
transaction to which section 4475(a) applies if--
``(1) such transaction does not occur on a trading facility
located in the United States, and
``(2) the purchaser with respect to such transaction in not
a United States person.''.
(d) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36B,'' after ``36A,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(3) 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 securities transactions.''.
(4) The table of sections for subchapter A of chapter 3 of
such Code is amended by adding at the end the following new
item:
``Sec. 1447. Withholding on securities transactions.''.
(5) 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 36A the following new item:
``Sec. 36B. Credit for securities transaction taxes.''.
(e) Effective Date.--The amendments made by this section shall
apply to transactions occurring more than 180 days after the date of
the enactment of this Act. | Let Wall Street Pay for the Restoration of Main Street Act of 2009 - Amends the Internal Revenue Code to impose an excise tax on certain securities transactions, including transactions in stocks, futures, swaps, credit default swaps, and options. Exempts transactions for securities held in tax-exempt retirement accounts, health savings accounts, educational accounts, and regulated investment companies. Allows the purchaser of securities a credit against the excise tax for the lesser of the tax incurred or $250 ($500 for married couples filing joint tax returns). Requires withholding of excise tax amounts by the transferor of securities subject to the tax.
Requires one-half of the tax revenues raised by this Act to be held in a separate Job Creation Reserve account to offset additional costs from the Surface Transportation Authorization Act of 2009 and subsequent legislation to fund job creation.
Expresses the sense of Congress that one-half of the tax revenues raised by this Act shall be used to reduce the federal deficit. | To amend the Internal Revenue Code of 1986 to impose a tax on certain securities transactions to fund job creation and deficit reduction. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patriot Penalty Elimination Act of
2005''.
SEC. 2. INCOME PRESERVATION PAY FOR RESERVES SERVING ON ACTIVE DUTY IN
SUPPORT OF A CONTINGENCY OPERATION.
(a) Authority.--Chapter 1209 of title 10, United States Code, is
amended by inserting after section 12316 the following new section:
``Sec. 12316a. Reserves: income preservation pay
``(a) Requirement To Pay.--The Secretary of the military department
concerned shall pay income preservation pay under this section to an
eligible member of a reserve component of the armed forces in
connection with the member's active-duty service as described in
subsection (b).
``(b) Eligible Member.--A member is eligible for income
preservation pay if--
``(1) the member is called or ordered to active duty (other
than voluntarily) under a provision of law referred to in
section 101(a)(13)(B) of this title;
``(2) pursuant to such call or order, the member serves on
active duty outside the United States during at least 6 out of
12 consecutive months; and
``(3) with respect to such active-duty service, the amount
of the member's preservice earned income determined under
subparagraph (A) of subsection (c)(1) exceeds the amount of the
member's military service income determined under subparagraph
(B) of such subsection.
``(c) Amount.--(1) Subject to paragraph (2), the amount payable
under this section to a member in connection with active-duty service
is the amount equal to the excess (if any) of--
``(A) the amount computed by multiplying--
``(i) the preservice average monthly earned income
of the member, by
``(ii) the total number of the member's service
months for such active-duty service, over
``(B) the amount computed by multiplying--
``(i) the military service average monthly income
of the member, by
``(ii) the total number of months determined under
subparagraph (A)(ii).
``(2) The total amount of income preservation pay that is paid to a
member under this section may not exceed $50,000.
``(d) Preservice Average Monthly Earned Income.--For the purposes
of this section, the preservice average monthly earned income of a
member who serves on active duty as described in subsection (b) shall
be computed by dividing 12 into the total amount of the member's earned
income for the 12 months immediately preceding the member's first
service month of the period for which income preservation pay is to be
paid to the member under this section.
``(e) Military Service Average Monthly Income.--For the purposes of
this section, the military service average monthly income of a member
who serves on active duty as described in subsection (b) is the amount
determined by dividing--
``(1) the sum of the total amount of the member's earned
income (other than basic pay) and the total amount of the
member's basic pay (under section 204 of title 37) for the
member's service months for such active-duty service, by
``(2) the total number of such months.
``(f) Time and Manner of Payment.--(1) Subject to paragraph (2),
the total amount of income preservation pay that is payable under this
section to a member in connection with service on active duty is due
and payable, in one lump sum, not later than 30 days after the date on
which the member is released from the active duty.
``(2) The Secretary concerned may make advance payment of income
preservation pay in whole or in part under this section to a member,
under such terms and conditions as the Secretary determines
appropriate, if it is clear from the circumstances that it is likely
that the member's active-duty service will satisfy the requirements of
subsection (b). In any case in which advance payment is made to a
member whose period of such active-duty service does not satisfy such
requirements, the Secretary concerned may waive recoupment of the
advance payment if the Secretary determines that recoupment would be
against equity and good conscience or would be contrary to the best
interests of the United States.
``(g) Definitions.--In this section:
``(1) The term ``earned income'' has the meaning given such
term in section 32(c)(2) of the Internal Revenue Code of 1986.
``(2) The term `service month', with respect to service of
a member of a reserve component of the armed forces on active
duty, means a month during any part of which the member serves
on active duty.
``(h) Termination of Authority.--This section shall cease to be
effective on the first day of the first month that begins on or after
the date that is five years after the date of the enactment of the
Patriot Penalty Elimination Act of 2005.''.
(b) Recharacterization of Existing Section on Payment of Certain
Reserves on Active Duty.--The heading of section 12316 of title 10,
United States Code, is amended to read as follows:
``Sec. 12316. Reserves: payment of other entitlement instead of pay and
allowances''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 of title 10, United States Code, is amended by striking
the item relating to section 12316 and inserting the following new
items:
``12316. Reserves: payment of other entitlement instead of pay and
allowances.
``12316a. Reserves: income preservation pay.''.
(d) Effective Date.--Section 12316a of title 10, United States Code
(as added by subsection (a)), shall take effect as of January 1, 2003,
and shall apply with respect to active-duty service that begins on or
after such date.
SEC. 3. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by inserting after section 45I the following new
section:
``SEC. 45J. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.
``(a) General Rule.--For purposes of section 38, the Ready Reserve-
National Guard employee credit determined under this section for any
taxable year with respect to each Ready Reserve-National Guard employee
of the taxpayer is an amount equal to 50 percent of the lesser of--
``(1) the actual compensation amount with respect to such
employee for such taxable year, or
``(2) $30,000.
``(b) Definition of Actual Compensation Amount.--For purposes of
this section, the term `actual compensation amount' means the amount of
compensation paid or incurred by a taxpayer with respect to a Ready
Reserve-National Guard employee on any day when the employee was absent
from employment for the purpose of performing qualified active duty.
``(c) Limitations.--No credit shall be allowed with respect to any
day that a Ready Reserve-National Guard employee who performs qualified
active duty was not scheduled to work (for reason other than to
participate in qualified active duty).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty outside the United States under
an order or call for a period in excess of 179 days or
for an indefinite period, other than the training duty
specified in section 10147 of title 10, United States
Code (relating to training requirements for the Ready
Reserve), or section 502(a) of title 32, United States
Code (relating to required drills and field exercises
for the National Guard), in connection with which an
employee is entitled to reemployment rights and other
benefits or to a leave of absence from employment under
chapter 43 of title 38, United States Code, and
``(B) hospitalization incident to such duty.
``(2) Compensation.--The term `compensation' means any
remuneration for employment, whether in cash or in kind, which
is paid or incurred by a taxpayer and which is deductible from
the taxpayer's gross income under section 162(a)(1).
``(3) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' means an employee who
is a member of the Ready Reserve of a reserve component of an
Armed Force of the United States as described in sections 10142
and 10101 of title 10, United States Code.
``(4) Certain rules to apply.--Rules similar to the rules
of section 52 shall apply.
``(e) Termination.--This section shall not apply with respect to
amounts paid or incurred in taxable years that begin more than 5 years
after the date of enactment of the Patriot Penalty Elimination Act of
2005.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 (relating to general
business credit) is amended by striking ``plus'' at the end of
paragraph (18), by striking the period at the end of paragraph (19) and
inserting ``, plus'', and by adding at the end the following:
``(20) the Ready Reserve-National Guard employee credit
determined under section 45J(a).''.
(c) Denial of Double Benefit.--Section 280C(a) of the Internal
Revenue Code of 1986 (relating to rule for employment credits) is
amended by inserting ``45J(a),'' after ``45A(a),''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45I the
following:
``Sec. 45J. Ready Reserve-National Guard
employee credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2004, in taxable
years ending after such date. | Patriot Penalty Elimination Act of 2005 - Directs the Secretary of the military department concerned to pay income preservation pay to a member of the reserves: (1) who is called or ordered to active duty (other than voluntarily); (2) who serves on such duty outside the United States during at least six out of 12 consecutive months; and (3) whose preservice income exceeds the amount earned from the military service. Provides a formula for determining the appropriate income preservation amount, with a limit of $50,000. Terminates such pay authority five years after the enactment of this Act.
Amends the Internal Revenue Code to allow a Ready Reserve-National Guard employee credit equal to 50 percent of the lesser of the actual compensation amount with respect to the employee for the taxable year, or $30,000. Provides such credit, with respect to such employee, for: (1) active duty outside the United States under a call or order for a period in excess of 179 days or for an indefinite period, in connection with which the employee is entitled to reemployment rights and other benefits or to a leave of absence from employment; and (2) hospitalization incident to such duty. Terminates such credit five years after the enactment of this Act. | A bill to amend title 10, United States Code, to protect the financial condition of members of the reserve components of the Armed Forces who are ordered to long-term active duty in support of a contingency operation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fostering Innovation in Medical
Imaging Act of 2017''.
SEC. 2. APPROVAL OF APPLICATIONS FOR CERTAIN DIAGNOSTIC MEDICAL IMAGING
DEVICES.
Section 520 of the Federal Food, Drug, and Cosmetic Act (42 U.S.C.
360j) is amended by adding at the end the following:
``Diagnostic Imaging Devices Intended for Use With Contrast Agents
``(p)(1) The Secretary may, subject to the succeeding provisions of
this subsection, approve an application (or supplement to such an
application) submitted under section 515 with respect to an applicable
medical imaging device, or, in the case of an applicable medical
imaging device for which a notification was submitted under section
510(k) (or a supplement to such a notification), may make a substantial
equivalence determination with respect to such applicable medical
imaging device, if the indications and conditions of use proposed in
such application or notification do not involve the use of a contrast
agent--
``(A) in a concentration, rate of administration, or route
of administration that is different from those described in the
approved labeling of the contrast agent;
``(B) in a region, organ, or system of the body that is
different from those described in the approved labeling of the
contrast agent, unless the Secretary determines, based on
information contained in the application or notification
involved, that the difference does not reduce the safety of the
contrast agent when used with the device;
``(C) in a new patient population for which the contrast
agent is determined by the Secretary to pose an increased risk;
or
``(D) in an imaging modality (such as an ultrasonic,
ionizing radiation, or magnetic resonance imagine modality)
that is different from those described in the approved labeling
of the contrast agent.
``(2) The agency center charged with premarket review of devices
shall have primary jurisdiction with respect to the review of an
application or notification described in paragraph (1). In conducting
such review, such agency center may--
``(A) consult with the agency center charged with the
premarket review of drugs and biological products; and
``(B) review information and data provided to the Secretary
by the sponsor of a contrast agent in an application submitted
under section 505, so long as the sponsor of such contrast
agent has provided to the sponsor of the applicable medical
imaging device that is the subject of such review a right of
reference or use.
``(3) An application submitted under section 515 or a notification
submitted under section 510(k) with respect to an applicable medical
imaging device shall be subject to the requirements of such respective
section, and shall not be subject to subsection (d) or (e) of section
505 (including the substantial evidence standard specified in such
subsections).
``(4) An application submitted under section 515 or a notification
submitted under section 510(k) with respect to an applicable medical
imaging device intended for use in conjunction with a contrast agent to
which clause (ii) or (iii) of section 505(c)(3)(E) applies shall refer
to such contrast agent by trade or brand name, rather than to a class
of drugs.
``(5) For purposes of this subsection and section 505(y)--
``(A) the term `applicable medical imaging device' means a
device intended to be used in conjunction with a contrast agent
(or class of contrast agents) for a use that is not described
in the indications and usage section of the approved labeling
of such contrast agent (or the approved labeling of any
contrast agent in the same class as such contrast agent); and
``(B) the term `contrast agent' means a drug that--
``(i) is a radioactive drug (as defined in section
310.3(n) of title 21, Code of Federal Regulations); or
``(ii)(I) is approved under section 505;
``(II) is intended for use in conjunction with a
diagnostic imaging device; and
``(III) achieves its intended use by enhancing the
contrast between a target tissue, structure, or fluid
and the surrounding tissues or structures within the
body.''.
SEC. 3. APPLICATIONS FOR APPROVAL OF CONTRAST AGENTS INTENDED FOR USE
WITH CERTAIN DIAGNOSTIC MEDICAL IMAGING DEVICES.
Section 505 of the Federal Food, Drug, and Cosmetic Act (42 U.S.C.
355) is amended by adding at the end the following:
``(y) Contrast Agents Intended for Use With Applicable Medical
Imaging Devices.--
``(1) The sponsor of a contrast agent for which an
application has been approved under this section may submit a
supplement to the application seeking approval for the use of
the contrast agent for a new contrast indication.
``(2) In reviewing a supplement submitted under this
subsection, the agency center charged with the premarket review
of drugs may--
``(A) consult with the center charged with the
premarket review of devices; and
``(B) review information and data submitted to the
Secretary by the sponsor of an applicable medical
imaging device pursuant to section 515 or 510(k), so
long as the sponsor of such applicable medical imaging
device has provided to the sponsor of the contrast
agent a right of reference or use.
``(3) For purposes of this subsection--
``(A) the term `new contrast indication' means a
use of a contrast agent that is described in the
approved labeling of an applicable medical imaging
device described in section 520(p), but that is not
described in the indications and usage section of the
approved labeling of the contrast agent; and
``(B) the term `applicable medical imaging device'
and `contrast agent' have the meanings given such terms
in section 520(p).''. | Fostering Innovation in Medical Imaging Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to allow the Food and Drug Administration (FDA) to approve a medical imaging device intended to be used with an approved contrast agent when—under specified conditions—the use differs from the approved use of the contrast agent. (Contrast agents are substances used to enhance the visibility of body structures in medical imaging.) The FDA center that reviews medical devices has primary jurisdiction over such reviews. After authorization of a medical imaging device that makes new use of a contrast agent, the sponsor of the approved contrast agent may submit a supplemental application for the new use of the contrast agent. | Fostering Innovation in Medical Imaging Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Quality Control System
Act of 1993''.
SEC. 2. FOOD STAMP QUALITY CONTROL SYSTEM.
(a) Collection and Disposition of Claims.--The fifth sentence of
section 13(a)(1) of the Food Stamp Act of 1977 (7 U.S.C. 2022(a)(1)) is
amended by striking ``(after a determination on any request for a
waiver for good cause related to the claim has been made by the
Secretary)''.
(b) Administrative and Judicial Review.--Section 14(a) of such Act
(7 U.S.C. 2023(a)) is amended--
(1) in the sixth sentence, by inserting after ``pursuant to
section 16(c)'' the following: ``(including determinations as
to whether there is good cause for not imposing all or part of
the penalty)'';
(2) by inserting after the sixth sentence the following new
sentence: ``In deciding whether to uphold all or part of a
penalty (including whether there is good cause for not imposing
all or part of the penalty), the judges shall conduct a
thorough review of the issues and take into account all
relevant evidence.'';
(3) by inserting after the eighth sentence (after the
amendment made by paragraph (2)) the following new sentence:
``The deliberative process privilege shall not be the basis for
the withholding of documents by the Secretary or the State
agency.''; and
(4) by striking the last sentence.
(c) Administrative Cost Sharing and Quality Control.--Subsection
(c) of section 16 of such Act (7 U.S.C. 2025(c)) is amended to read as
follows:
``(c)(1) As used in this subsection:
``(A) The term `good cause' shall include, but not be
limited to--
``(i) uncontrollable, significant caseload
fluctuations that substantially disrupt food stamp
program administration;
``(ii) natural disasters that substantially disrupt
food stamp program administration;
``(iii) Federal or State program changes that
substantially disrupt food stamp program
administration;
``(iv) strikes that substantially disrupt food
stamp program administration;
``(v) uncontrollable client-caused errors;
``(vi) demographic factors, such as literacy,
homelessness, unemployment, poverty, and the rural
composition of the population, that contribute
substantially to an excessive error rate and depart
substantially from national averages for the factors;
``(vii) State program improvements reasonably
designed to reduce error rates in the longer term, but
that uncontrollably cause short-term increases in the
error rate; and
``(viii) other circumstances beyond the control of
a State agency.
``(B) The term `national average overpayment error rate'
means, in the case a fiscal year, the ratio of--
``(i) the total value of allotments issued by all
State agencies in the fiscal year that are--
``(I) issued to households that fail to
meet basic program eligibility requirements; or
``(II) overissued to eligible households;
to
``(ii) the total value of all allotments issued by
all State agencies in the fiscal year.
``(C) The term `national average underpayment rate' means,
in the case of a fiscal year, the ratio of--
``(i) the total value of all allotments underissued
by all State agencies to recipient households in the
fiscal year; to
``(ii) the total value of all allotments issued by
all State agencies in the fiscal year.
``(D)(i) The term `overpayment error rate' means--
``(I) the percentage of the value of all allotments
issued in a fiscal year by a State agency that are--
``(aa) issued to households that fail to
meet basic program eligibility requirements; or
``(bb) overissued to eligible households,
``(II) reduced by the amount by which the national
average underpayment error rate for the fiscal year
exceeds the underpayment error rate of the State agency
for the fiscal year.
``(ii) At the request of a State agency, the Secretary
shall apply the reduction required under clause (i)(II) in
determining the overpayment error rate of the State agency for
either of the 2 following fiscal years instead of in
determining the overpayment error rate of the State agency for
the fiscal year to which the reduction would otherwise apply.
``(E) The term `payment error rate' means the sum of the
overpayment error rate and the underpayment error rate.
``(F) The term `underpayment error rate' means the ratio of
the value of allotments underissued to recipient households to
the total value of allotments issued in a fiscal year by a
State agency.
``(2) The program authorized under this Act shall include a system
that enhances payment accuracy by establishing fiscal incentives that
require State agencies with high error rates to share in the cost of
payment errors and provide enhanced administrative funding to State
agencies with the lowest error rates.
``(3)(A) Under the system, subject to subparagraph (B), the
Secretary shall adjust the federally funded share of a State agency of
administrative costs pursuant to subsection (a), other than the costs
already shared in excess of 50 percent under the proviso in the first
sentence of subsection (a) or under subsection (g), by increasing the
share of all the administrative costs by 1 percentage point to a
maximum of 60 percent of all the administrative costs for each full \1/
10\ of a percentage point by which the payment error rate is less than
6 percent.
``(B) Only a State agency whose rate of invalid decisions in
denying eligibility is less than a nationwide percentage that the
Secretary determines to be reasonable shall be entitled to the
adjustment prescribed in subparagraph (A).
``(4) The Secretary shall foster management improvements by State
agencies pursuant to subsection (b) by requiring a State agency, other
than a State agency that receives an adjustment under paragraph (3), to
develop and implement corrective action plans to reduce payment errors.
``(5) Subject to paragraph (6), if the overpayment error rate of a
State agency for a fiscal year exceeds the national average overpayment
error rate for the fiscal year, other than for good cause shown, the
State agency shall pay to the Secretary a penalty for the fiscal year
in an amount obtained by multiplying--
``(A) the value of all allotments issued by the State
agency in the fiscal year; times
``(B) the lesser of--
``(I) the ratio of--
``(i) the amount by which the overpayment
error rate of the State agency for the fiscal
year exceeds the national average overpayment
error rate for the fiscal year; to
``(ii) the national average overpayment
error rate for the fiscal year; or
``(II) 1; times
``(C) the amount by which the overpayment error rate of the
State agency for the fiscal year exceeds the national average
overpayment error rate for the fiscal year.
``(6) The amount determined under paragraph (5) shall be reduced by
the product obtained by multiplying--
``(A) the ratio of--
``(i) the amount by which the overpayment error
rate of the State agency for the fiscal year exceeds
the national average overpayment error rate for the
fiscal year; to
``(ii) the overpayment error rate of the State
agency for the fiscal year; times
``(B) the overpayments recovered by the State agency in the
fiscal year.
``(7) A State agency may pay a penalty established pursuant to
paragraphs (5) and (6) in quarterly payments over a period not to
exceed 30 months, in amounts sufficient to pay the penalty with
interest by the end of the period. The amount of liability shall not be
affected by corrective action taken under paragraph (4).
``(8) The following errors may be measured for management purposes
but shall not be included in the overpayment or underpayment error
rate:
``(A) Any error resulting from the application of new
regulations promulgated under this Act during the 120-day
period beginning on the date of the implementation of the
regulations.
``(B) Any error resulting from the use by a State agency of
correctly processed information concerning a household or
individual received from a Federal agency or from an action
based on policy information approved or disseminated, in
writing, by the Secretary.
``(C) Any case found by a quality control review to have
involved, but later found in a fair hearing not to have
involved, an overpayment, underpayment, or payment to an
ineligible recipient.
``(9)(A) Except as provided in subparagraph (B), in determining
whether a payment is an erroneous payment, the Secretary and the State
agency shall apply all relevant provisions of the State plan approved
under section 11.
``(B)(i) Except as provided in clause (i), if a provision of a
State plan approved under section 11 is inconsistent with a provision
of Federal law or regulations, and the Secretary has notified the State
agency of the inconsistency in writing, the provision of Federal law or
regulations shall control.
``(ii) Clause (i) shall not apply with respect to a payment of the
State agency if--
``(I) it is necessary for the State to enact a law in order
to remove an inconsistency described in clause (i), the
Secretary has advised the State agency that the State will be
allowed a reasonable period during which to enact the law, and
the payment was made during the period; or
``(II) the State agency made the payment in compliance with
a court order.
``(10) If the Secretary, directly or indirectly, receives from a
State agency all or part of the amount of a penalty imposed under
paragraph (5) and all or part of the penalty is finally determined not
to have been due, the Secretary shall promptly refund to the State
agency the amount determined not to have been due, with interest which
shall accrue from the date of receipt at the rate described in section
13(a)(1).
``(11)(A) For purposes of this subsection--
``(i) each State error rate shall be determined on the
basis of a review of a single statistical sample of food stamp
cases of each State agency for the fiscal year (without sub-
sampling, re-reviews, or statistical regression analyses); and
``(ii) national average error rates shall be derived from
State error rates determined in accordance with clause (i).
``(B) The review shall be conducted--
``(i) by State agency personnel under the direction of the
Secretary pursuant to regulations adopted by the Secretary; or
``(ii) if a State agency elects for any particular review,
by the Secretary.
``(C) No penalty shall be collected under paragraph (5) if the
width of the 95 percent confidence interval of any error rate on which
the error rate is based exceeds 50 percent of the point estimate of the
error rate, unless the State to which a particular error rate pertains
agreed in writing to a sample size that precludes meeting the
requirements of this subparagraph.
``(D) An error rate, incentive payment, and penalty claim for a
fiscal year shall be determined by the Secretary and communicated to a
State agency not later than 9 months after the end of the fiscal year.
``(12) If the Secretary asserts a financial claim against a State
agency under paragraph (5), the State may seek administrative and
judicial review of the action pursuant to section 14.''.
SEC. 3. STUDY OF QUALITY CONTROL STATISTICAL SYSTEM.
(a) Study.--
(1) In general.--The Secretary of Agriculture and State
agencies that administer the food stamp program established
under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) shall
jointly undertake a study of measurement error, and of
geographical and temporal uniformity of measurements, in the
food stamp program quality control error-rate estimation
system.
(2) Experiments.--As part of the study, the Secretary and
the State agencies shall jointly conduct controlled experiments
under which various reviewers review identical cases, with the
objective of determining the degree of uniformity in quality
control error-rate measurements and the extent to which
different levels of investment of resources in the review
process affect measurement error.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and State agencies shall
report the results and recommendations of the study to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate.
(2) Recommendations.--The report shall include
recommendations as to what measures would best reduce
measurement error and increase uniformity of quality control
error-rate measurements at a reasonable cost.
SEC. 4. BUDGET NEUTRALITY REQUIREMENT.
(a) In General.--No provision of this Act or an amendment made by
this Act shall become effective unless the cost of the provision or
amendment is fully offset in each fiscal year through fiscal year 1995.
(b) Price Support Programs.--No agricultural price support,
production adjustment, or income support program administered by the
Secretary of Agriculture or the Commodity Credit Corporation may be
reduced to achieve the offset.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act
shall become effective on the date of enactment of this Act.
(b) Food Stamp Quality Control System.--The amendments made by
section 2 shall be effective as of October 1, 1991. | Food Stamp Quality Control System Act of 1993 - Amends the Food Stamp Act of 1977 to revise the formula (and related provisions) for determining a State's liability for excessive food stamp payment errors.
Directs the Secretary of Agriculture and the State food stamp agencies to conduct a joint study and report to the appropriate congressional committees on measurement error and uniformity in the food stamp program quality control error-rate estimation system. | Food Stamp Quality Control System Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medical Care Revenue
Enhancement Act of 2005''.
SEC. 2. DEMONSTRATION PROJECT TO IMPROVE BUSINESS PRACTICES OF VETERANS
HEALTH ADMINISTRATION.
(a) Demonstration Project Required.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a demonstration project under this section for the
improvement of business practices of the Veterans Health
Administration.
(2) Performance-based contract.-- To carry out the
demonstration project, the Secretary shall enter into a
performance-based contract for a contractor to carry out the
functions specified in subsection (e).
(3) Cost limitation.--The total amount paid to the
contractor under the contract may not exceed $10,000,000.
(b) Commencement and Duration of Project.--The demonstration
project shall be conducted during the two-year period beginning on the
first day of the first month beginning more than 120 days after the
date of the enactment of this Act.
(c) Sites for Conduct of Project.--The Secretary shall conduct the
demonstration project at two medical centers of the Veterans Health
Administration within the same service area (referred to as a Veterans
Integrated Service Network) of the Veterans Health Administration. The
two medical centers at which the project is conducted shall be selected
by the Secretary from among medical centers that are located in those
services areas of the Veterans Health Administration that the Secretary
determines have relatively low rates of recovery or collection of
indebtedness from third-party payors under section 1729 of title 38,
United States Code.
(d) Selection of Contractor.--The Secretary shall carry out the
process for selection of the contractor for the demonstration project
so that the contractor to perform the contract is selected, and the
contract is awarded, not later than three months after the date of the
enactment of this Act. The contractor shall be an entity or
organization that has significant experience in the administrative
processing of health care charges and claims.
(e) Functions of Contractor.--The Secretary shall provide in the
contract for the following functions of the contractor with respect to
each facility at which the demonstration project is conducted:
(1) Establishment of a plan to standardize and coordinate
all activities related to billing for health-care items and
services furnished to veterans for non-service-connected
disabilities.
(2) Reengineering of the business processes for billing and
accounts receivable activities.
(3) Application of commercial-industry standards for
measures of access, timeliness, and performance.
(4) Establishment of a database containing third-party
payor information for veterans receiving health care and
services.
(5) Such other requirements with respect to business
practices as the Secretary may specify.
(f) VHA Project Manager.--As part of the demonstration project, the
Secretary shall ensure that a Veterans Health Administration employee
is designated to be the full-time project manager for the project and
that such employee's duty station is at one of the medical centers at
which the project is conducted, with provision for visits as needed to
the other medical center at which the project is conducted.
(g) Employee Protection.--The Secretary shall administer the
demonstration project so that during the period of the conduct of the
demonstration project there is no reduction in full-time equivalent
employees of the Department of Veterans Affairs at the medical centers
at which the project is conducted that is attributable to the conduct
of the demonstration project.
(h) Reports to Congress.--
(1) Periodic progress reports on project implementation.--
(A) Reports required.--The Secretary shall submit
to Congress progress reports on the implementation of
the demonstration project.
(B) Time for progress reports.-- Such reports shall
be submitted as expeditiously as feasible after the end
of--
(i) the 60-day period, the 90-day period,
and the 180-day period beginning on the date of
the enactment of this Act; and
(ii) the 60-day period, the 90-day period,
and the 180-day period beginning on the date of
the award of the contract under subsection (d).
(C) Matter to be included.--Each report under this
paragraph shall set out the progress to date on the
implementation of the demonstration project,
including--
(i) before the contractor has been
selected, progress toward selection of the
contractor (identified by the steps in the
acquisition process that have been accomplished
and that remain to be accomplished); and
(ii) after the contractor has been
selected, the contractor's progress in
initiating and carrying out the demonstration
project in accordance with the requirements of
this section.
(2) Interim reports on project operation.--After the
completion of the first 12 months, and after the completion of
the first 18 months, of the demonstration project, the
Secretary shall submit to Congress an interim report on the
operation of the demonstration project to that date. Each such
report shall include the following:
(A) The assessment of the Secretary as to whether
the rate of recovery or collection of indebtedness owed
the United States from third-party payors has improved
by reason of the project.
(B) The assessment of the Secretary as to the
performance of the contractor.
(C) Estimated cost savings to the Department as a
result of the project.
(3) Final report.--After the conclusion of the
demonstration project, the Secretary shall submit to Congress a
final report on the project. The Secretary shall include in
that report the matters specified in paragraph (2) and the
Secretary's recommendation for implementing on a permanent
basis the recovery or collection system tested in the
demonstration project and expanding the demonstration project
to other facilities of the Veterans Health Administration. The
final report shall be submitted not later than 90 days after
the conclusion of the demonstration project.
(i) Comptroller General Review and Reports.--
(1) Review.--The Comptroller General shall review the
demonstration project on an ongoing basis.
(2) Reports.--The Comptroller General shall submit to
Congress a report on the Comptroller General's findings and
recommendations concerning the demonstration project--
(A) after the operation of the demonstration
project for a period of one year; and
(B) after the operation of the demonstration
project for a period of two years.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for the conduct of
the demonstration project under this section the sum of $10,000,000. | Veterans Medical Care Revenue Enhancement Act of 2005 - Directs the Secretary of Veterans Affairs to: (1) conduct a demonstration project for the improvement of business practices of the Veterans Health Administration (VHA); and (2) enter into a performance-based contract for a contractor to carry out functions specified in this Act.
Requires the Secretary to conduct the project at two VHA medical centers within the same service area, selected from among medical centers located in those areas that the Secretary determines have relatively low rates of recovery or collection of indebtedness from third-party payors.
Sets forth provisions regarding the selection and functions of the contractor, including requiring the contractor to establish a plan to standardize and coordinate all activities related to billing for health care furnished to veterans for non-service-connected disabilities, and a database containing third-party payor information for veterans receiving health care.
Directs the Secretary to: (1) ensure that a VHA employee is designated to be the full-time project manager for the project and that such employee's duty station is at one of the medical centers at which the project is conducted; and (2) administer the project so that during the period of the conduct of the project (two years) there is no reduction in full-time equivalent employees of the Department of Veterans Affairs at the medical centers at which the project is conducted that is attributable to the conduct of the project. | To direct the Secretary of Veterans Affairs to conduct a demonstration project for the improvement of business practices of the Veterans Health Administration. |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Next Generation Lighting Initiative
Act''.
SEC. 2. FINDING.
Congress finds that it is in the economic and energy security
interests of the United States to encourage the development of white
light emitting diodes by providing financial assistance to firms, or a
consortium of firms, and supporting research organizations in the
lighting development sectors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Consortium.--The term ```consortium'' means the Next
Generation Lighting Initiative Consortium established under
section 5(b).
(2) Inorganic white light emitting diode.--The term
``inorganic white light emitting diode'' means a semiconducting
package that produces white light using externally applied
voltage.
(3) Lighting initiative.--The term ``Lighting Initiative''
means the Next Generation Lighting Initiative established by
section 4(a).
(4) Organic white light emitting diode.--The term ``organic
white light emitting diode'' means an organic semiconducting
compound that produces white light using externally applied
voltage.
(5) Planning board.--The term ``planning board'' means the
Next Generation Lighting Initiative Planning Board established
under section 5(a).
(6) Research organization.--The term ``research
organization'' means an organization that performs or promotes
research, development, and demonstration activities with
respect to white light emitting diodes.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Energy, acting through the Assistant Secretary of Energy for
Energy Efficiency and Renewable Energy.
(8) White light emitting diode.--The term ``white light
emitting diode'' means--
(A) an inorganic white light emitting diode; and
(B) an organic white light emitting diode.
SEC. 4. NEXT GENERATION LIGHTING INITIATIVE.
(a) Establishment.--There is established in the Department of
Energy a lighting initiative to be known as the ``Next Generation
Lighting Initiative'' to research, develop, and conduct demonstration
activities on white light emitting diodes.
(b) Objectives.--
(1) In general.--The objectives of the Lighting Initiative
shall be to develop, by 2011, white light emitting diodes that,
compared to incandescent and fluorescent lighting technologies,
are--
(A) longer lasting;
(B) more energy-efficient; and
(C) cost-competitive.
(2) Inorganic white light emitting diode.--The objective of
the Lighting Initiative with respect to inorganic white light
emitting diodes shall be to develop an inorganic white light
emitting diode that has an efficiency of 160 lumens per watt
and a 10-year lifetime.
(3) Organic white light emitting diode.--The objective of
the Lighting Initiative with respect to organic white light
emitting diodes shall be to develop an organic white light
emitting diode with an efficiency of 100 lumens per watt with a
5-year lifetime that--
(A) illuminates over a full color spectrum;
(B) covers large areas over flexible surfaces; and
(C) does not contain harmful pollutants typical of
fluorescent lamps such as mercury.
SEC. 5. ADMINISTRATION.
(a) Planning Board.--
(1) In general.--The Secretary shall establish a planning
board, to be known as the ``Next Generation Lighting Initiative
Planning Board'', to assist the Secretary in developing and
implementing the Lighting Initiative.
(2) Composition.--The planning board shall be composed of--
(A) 4 members from universities, national
laboratories, and other individuals with expertise in
white lighting, to be appointed by the Secretary; and
(B) 3 members nominated by the consortium and
appointed by the Secretary.
(3) Study.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the planning board shall
complete a study on strategies for the development and
implementation of white light emitting diodes.
(B) Requirements.--The study shall--
(i) develop a comprehensive strategy to
implement, through the Lighting Initiative, the
use of white light emitting diodes to increase
energy efficiency and enhance United States
competitiveness; and
(ii) identify the research and development,
manufacturing, deployment, and marketing
barriers that must be overcome to achieve a
goal of a 25 percent market penetration by
white light emitting diode technologies into
the incandescent and fluorescent lighting markets by the year 2012.
(C) Implementation.--As soon as practicable after
the study is submitted to the Secretary, the Secretary
shall implement the Lighting Initiative in accordance
with the recommendations of the planning board.
(b) Consortium.--
(1) In general.--The Secretary shall solicit the
establishment of a consortium, to be known as the ``Next
Generation Lighting Initiative Consortium'', to initiate and
manage basic and manufacturing related research contracts on
white light emitting diodes for the Lighting Initiative.
(2) Composition.--The consortium may be composed of firms,
national laboratories, and other entities so that the
consortium is representative of the United States solid state
lighting industry as a whole.
(3) Funding.--The consortium shall be funded by--
(A) membership fees; and
(B) grants provided under section 6.
SEC. 6. GRANT PROGRAM.
(a) In General.--The Secretary shall make grants to firms, the
consortium, and research organizations to conduct research,
development, and demonstration projects related to white light emitting
diode technologies.
(b) Requirements.--To be eligible to receive a grant under this
section, a consortium shall--
(1) enter into a consortium participation agreement that--
(A) is agreed to by all members; and
(B) describes the responsibilities of participants,
membership fees, and the scope of research activities;
and
(2) develop a Lighting Initiative annual program plan.
(c) Annual Review.--
(1) In general.--An annual independent review of firms, the
consortium, and research organizations receiving a grant under
this section shall be conducted by--
(A) a committee appointed by the Secretary under
the Federal Advisory Committee Act (5 U.S.C. App.); or
(B) a committee appointed by the National Academy
of Sciences.
(2) Requirements.--Using clearly defined standards
established by the Secretary, the review shall assess
technology advances and commercial applicability of--
(A) the activities of the firms, consortium, or
research organizations during each fiscal year of the
grant program; and
(B) the goals of the firms, consortium, or research
organizations for the next fiscal year in the annual
program plan developed under subsection (b)(2).
(d) Allocation and Cost Sharing.--
(1) In general.--The amount of funds made available for any
fiscal year to provide grants under this section shall be
allocated in accordance with paragraphs (2) and (3).
(2) Research projects.--Funding for basic and manufacturing
research projects shall be allocated to the consortium.
(3) Development, deployment, and demonstration projects.--
Funding for development, deployment, and demonstration projects
shall be allocated to members of the consortium.
(4) Cost sharing.--Non-federal cost sharing shall be in
accordance with section 3002 of the Energy Policy Act of 1992
(42 U.S.C. 13542).
(e) Technical and Financial Assistance.--The national laboratories
and other pertinent Federal agencies shall cooperate with and provide
technical and financial assistance to firms, the consortium, and
research organizations conducting research, development, and
demonstration projects carried out under this section.
(f) Audits.--
(1) In general.--The Secretary shall retain an independent,
commercial auditor to determine the extent to which funds made
available under this Act have been expended in a manner that is
consistent with the objectives under section 4(b) and the
annual operating plan of the consortium developed under
subsection (b)(2).
(2) Reports.--The auditor shall submit to Congress, the
Secretary, and the Comptroller General of the United States an
annual report containing the results of the audit.
(g) Applicable Law.--The Lighting Initiative shall not be subject
to the Federal Acquisition Regulation.
SEC. 7. PROTECTION OF INFORMATION.
Information obtained by the Federal Government on a confidential
basis under this Act shall be considered to constitute trade secrets
and commercial or financial information obtained from a person and
privileged or confidential under section 552(b)(4) of title 5, United
States Code.
SEC. 8. INTELLECTUAL PROPERTY.
Members of the consortium shall have royalty-free nonexclusive
rights to use intellectual property derived from consortium research
conducted under this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act--
(1) $30,000,000 for fiscal year 2002; and
(2) $50,000,000 for each of fiscal years 2003 through 2011.
(b) Availability.--Amounts made available under this section shall
remain available until expended. | Next Generation Lighting Initiative Act - Establishes the Next Generation Lighting Initiative as a research, development, and demonstration program on organic and inorganic white light emitting diodes.Directs the Secretary of Energy to: (1) establish the Next Generation Lighting Initiative Planning Board to study development and implementation strategies for such diodes; (2) solicit establishment of a Next Generation Lighting Initiative Consortium to initiate and manage basic and manufacturing related research contracts on such diodes; and (3) make grants for research, development, and demonstration projects related to those diodes.States that consortium members shall have royalty-free nonexclusive rights to use intellectual property derived from consortium research conducted under this Act. | A bill to establish the Next Generation Lighting Initiative at the Department of Energy, and for other purposes. |
CAPABILITIES OF THE
ORGANIZATION OF AFRICAN UNITY.
(a) Authorization of Assistance.--The President is authorized to
provide assistance to strengthen the conflict resolution capability of
the Organization of African Unity, as follows:
(1) Funds may be provided to the Organization of African
Unity for use in supporting its conflict resolution capability.
(2) Funds may be used for expenses of sending individuals
with expertise in conflict resolution to work with the
Organization of African Unity.
(b) Funding.--Of the foreign assistance funds that are allocated
for sub-Saharan Africa, not less than $1,500,000 for each of the fiscal
years 1995 through 1998 should be used to carry out subsection (a).
SEC. 4. IMPROVING CONFLICT RESOLUTION CAPABILITIES OF MULTILATERAL
SUBREGIONAL ORGANIZATIONS IN AFRICA.
(a) Authorization of Assistance.--The President is authorized to
provide assistance to strengthen the conflict resolution capabilities
of subregional organizations established by countries in sub-Saharan
Africa, as follows:
(1) Funds may be provided to such an organization for use
in supporting its conflict resolution capability.
(2) Funds may be used for the expenses of sending
individuals with expertise in conflict resolution to work with
such an organization.
(b) Funding.--Of the foreign assistance funds that are allocated
for sub-Saharan Africa, such sums as may be necessary for each of the
fiscal years 1995 through 1998 may be used to carry out subsection (a).
SEC. 5. AFRICAN DEMOBILIZATION AND RETRAINING PROGRAM.
(a) Authorization of Assistance.--In order to facilitate reductions
in the size of the armed forces of countries of sub-Saharan Africa, the
President is authorized to provide assistance for--
(1) the encampment and related activities for the purpose
of demobilization of such forces; and
(2) the reintegration of demobilized military personnel
into civilian society through activities such as retraining for
civilian occupations, creation of income-generating
opportunities, the reintegration into agricultural activities,
and the transportation to the home areas of such personnel.
(b) Funding.--Of the foreign assistance funds that are allocated
for sub-Saharan Africa, $25,000,000 for each of the fiscal years 1995
and 1996 should be used for the assistance described in subsection (a),
if conditions permit.
SEC. 6. TRAINING FOR AFRICANS IN CONFLICT RESOLUTION AND PEACEKEEPING.
Chapter 5 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2347 et seq.) is amended by adding at the end the following new
section:
``SEC. 546. CONFLICT RESOLUTION AND PEACEKEEPING PROGRAM FOR SUB-
SAHARAN AFRICA.
``In addition to the other education and training activities
carried out under this chapter, the President is authorized to
establish a program to provide education and training in conflict
resolution and peacekeeping for civilian and military personnel of
countries in sub-Saharan Africa.''.
SEC. 7. BUILDING MEDIATION CAPABILITY IN AFRICA.
(a) Authorization of Assistance.--The President is authorized to
provide assistance to nongovernmental organizations that are engaged in
mediation and reconciliation efforts in Africa.
(b) Funding.--Of the foreign assistance funds that are allocated
for sub-Saharan Africa, such sums as may be necessary for each of the
fiscal years 1995 and 1996 should be used to carry out subsection (a).
SEC. 8. PLAN FOR UNITED STATES SUPPORT FOR CONFLICT RESOLUTION AND
DEMOBILIZATION IN SUB-SAHARAN AFRICA.
(a) In General.--In furtherance of and building upon the provisions
of sections 3 through 7, the President shall develop an integrated
long-term plan to provide support for the enhancement of conflict
resolution capabilities and demobilization activities in sub-Saharan
Africa.
(b) Contents of Plan.--Such plan shall identify, among other
things, the following:
(1) The type, purpose, amount, and duration of assistance
that is planned to be provided to conflict resolution units in
sub-Saharan Africa.
(2) The type and amount of assistance that is planned to be
provided for the demobilization of military personnel of
countries of sub-Saharan Africa, including--
(A) a list of which countries will receive such
assistance and an explanation of why such countries
were chosen for such assistance; and
(B) a list of other countries and international
organizations that are providing assistance for such
demobilization.
(3) The type and amount of assistance that is planned to be
provided to nongovernmental organizations that are engaged in
mediation and reconciliation efforts in sub-Saharan Africa.
(4) A description of proposed training programs for
Africans in conflict resolution and peacekeeping, including a
list of prospective participants and plans to expand such
programs.
(5) The mechanisms to be used to coordinate interagency
efforts to administer the plan.
(6) Efforts to seek the participation of other countries
and international organizations to achieve the objectives of
the plan.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the President shall submit to the appropriate
congressional committees a report containing a description of the plan
developed under this section.
SEC. 9. REPORTING REQUIREMENT.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the President shall submit to the
appropriate congressional committees a report describing the efforts
and progress made in carrying out the provisions of this Act.
SEC. 10. CONSULTATION REQUIREMENT.
The President shall consult with the appropriate congressional
committees prior to providing assistance under section 3 or section 5.
SEC. 11. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
For purposes of this Act, the term ``appropriate congressional
committees'' means the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Armed Services of the House of
Representatives and the Committee on Foreign Relations, the Committee
on Appropriations, and the Committee on Armed Services of the Senate.
Passed the House of Representatives September 19, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | African Conflict Resolution Act - Authorizes the President to provide assistance to: (1) strengthen the conflict resolution capabilities of the Organization of African Unity and subregional organizations established by countries in Subsaharan Africa; (2) provide for demobilizations of armed forces in Subsaharan African countries and for the reintegration of demobilized military personnel into civilian society; and (3) nongovernmental organizations engaged in mediation and reconciliation efforts in Africa. Earmarks funds for such purposes from foreign assistance funds allocated for Subsaharan Africa.
Amends the Foreign Assistance Act of 1961 to authorize the President to establish a program to provide education and training in conflict resolution and peacekeeping for civilian and military personnel of countries in Subsaharan Africa.
Requires the President to develop an integrated long-term plan to support the enhancement of conflict resolution capabilities and demobilization activities in Subsaharan Africa. | African Conflict Resolution Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Partnership Benefits and
Obligations Act of 2006''.
SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES.
(a) In General.--An employee who has a domestic partner and the
domestic partner of the employee shall be entitled to benefits
available to and obligations imposed upon a married employee and the
spouse of the employee.
(b) Certification of Eligibility.--In order to obtain benefits and
assume obligations under this Act, an employee shall file an affidavit
of eligibility for benefits and obligations with the Office of
Personnel Management identifying the domestic partner of the employee
and certifying that the employee and the domestic partner of the
employee--
(1) are each other's sole domestic partner and intend to
remain so indefinitely;
(2) have a common residence, and intend to continue the
arrangement;
(3) are at least 18 years of age and mentally competent to
consent to contract;
(4) share responsibility for a significant measure of each
other's common welfare and financial obligations;
(5) are not married to or domestic partners with anyone
else;
(6) understand that willful falsification of information
within the affidavit may lead to disciplinary action and the
recovery of the cost of benefits received related to such
falsification and may constitute a criminal violation; and
(7) are same sex domestic partners, and not related in a
way that, if the 2 were of opposite sex, would prohibit legal
marriage in the State in which they reside.
(c) Dissolution of Partnership.--
(1) In general.--An employee or domestic partner of an
employee who obtains benefits under this Act shall file a
statement of dissolution of the domestic partnership with the
Office of Personnel Management not later than 30 days after the
death of the employee or the domestic partner or the date of
dissolution of the domestic partnership.
(2) Death of employee.--In a case in which an employee
dies, the domestic partner of the employee at the time of death
shall receive under this Act such benefits as would be received
by the spouse of an employee.
(3) Other dissolution of partnership.--
(A) In general.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
benefits received by the domestic partner as a result
of this Act shall terminate.
(B) Exception.--In a case in which a domestic
partnership dissolves by a method other than death of
the employee or domestic partner of the employee, any
health benefits received by the domestic partner as a
result of this Act shall continue for a period of 60
days after the date of the dissolution of the
partnership. The domestic partner shall pay for such
benefits in the same manner that a former spouse would
pay for such benefits under applicable provisions of
chapter 89 of title 5, United States Code.
(d) Confidentiality.--Any information submitted to the Office of
Personnel Management under subsection (b) shall be used solely for the
purpose of certifying an individual's eligibility for benefits under
subsection (a).
(e) Definitions.--For purposes of this Act:
(1) Domestic partner.--The term ``domestic partner'' means
an adult person living with, but not married to, another adult
person of the same sex in a committed, intimate relationship.
(2) Benefits.--The term ``benefits'' means--
(A) civil service retirement, as provided in
chapter 83 of title 5, of the United States Code;
(B) Federal Employees' Retirement, as provided in
chapter 84 of title 5, United States Code;
(C) life insurance, as provided in chapter 87 of
title 5, United States Code;
(D) health insurance, as provided in chapter 89 of
title 5, United States Code;
(E) compensation for work injuries, as provided in
chapter 81 of title 5, United States Code;
(F) family and medical leave, as provided in
subchapter V of chapter 63 of title 5, United States
Code;
(G) long-term care insurance, as provided in
chapter 90 of title 5, United States Code;
(H) enhanced dental benefits, as provided in
chapter 89A of title 5, United States Code; and
(I) enhanced vision benefits, as provided in
chapter 89B of title 5, United States Code.
(3) Employee.--
(A) With respect to civil service retirement, the
term ``employee'' shall have the meaning given such
term in section 8331(1) of title 5, United States Code.
(B) With respect to Federal employees' retirement,
the term ``employee'' shall have the meaning given such
term in section 8401(11) of title 5, United States
Code.
(C) With respect to life insurance, the term
``employee'' shall have the meaning given such term in
section 8701(a) of title 5, United States Code.
(D) With respect to health insurance, the term
``employee'' shall have the meaning given such term in
section 8901 of title 5, United States Code.
(E) With respect to compensation for work injuries,
the term ``employee'' shall have the meaning given such
term in section 8101(1) of title 5, United States Code.
(F) With respect to family and medical leave, the
term ``employee'' shall have the meaning given such
term in section 6381(1) of title 5, United States Code.
(G) With respect to long-term care insurance, the
term ``employee'' shall have the meaning given such
term in section 9001(1) of title 5, United States Code.
(H) With respect to enhanced dental benefits, the
term ``employee'' shall have the meaning given such
term in section 8951(1) of title 5, United States Code.
(I) With respect to enhanced vision benefits, the
term ``employee'' shall have the meaning given such
term in section 8981(1) of title 5 United States Code.
(4) Obligations.--The term ``obligations'' means any duties
or responsibilities with respect to Federal employment that
would be incurred by a married employee or by the spouse of an
employee.
SEC. 3. EFFECTIVE DATE.
This Act including the amendments made by this Act shall apply to
any individual who is employed as an employee on or after the date of
enactment of this Act. | Domestic Partnership Benefits and Obligations Act of 2006 - Entitles federal employees and their domestic partners to benefits available to federal married employees and their spouses. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. | A bill to provide benefits to domestic partners of Federal employees. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antibiotic Development to Advance
Patient Treatment Act of 2013''.
SEC. 2. APPROVAL OF CERTAIN DRUGS FOR USE IN A LIMITED POPULATION OF
PATIENTS.
(a) Approval of Certain Antibacterial and Antifungal Drugs.--
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355)
is amended by adding at the end the following:
``(x) Approval of Certain Antibacterial and Antifungal Drugs for
Use in a Limited Population of Patients.--
``(1) Approval.--At the request of the sponsor of an
antibacterial or antifungal drug that is intended to treat a
serious or life-threatening disease or condition, the
Secretary--
``(A) may approve the drug under subsection (c) to
treat a limited population of patients for which there
is an unmet medical need;
``(B) in determining whether to grant such approval
for a limited population of patients, may rely on
traditional endpoints, alternative endpoints, or a
combination of traditional and alternative endpoints;
datasets of limited size; pharmacologic or
pathophysiologic data; data from phase 2 clinical
studies; and such other confirmatory evidence as the
Secretary deems necessary; and
``(C) shall require the labeling of drugs approved
pursuant to this subsection to prominently include in
the prescribing information required by section 201.57
of title 21, Code of Federal Regulations (or any
successor regulation) the following statement: `This
drug is indicated for use in a limited and specific
population of patients.'.
``(2) Promotional materials.--The provisions of section
506(c)(2)(B) shall apply with respect to approval under this
subsection to the same extent and in the same manner as such
provisions apply with respect to accelerated approval under
section 506(c)(1).
``(3) Withdrawal of limited population approval
requirements.--If a drug is approved pursuant to this
subsection to treat a limited population of patients and is
subsequently approved or licensed under this section or section
351 of the Public Health Service Act, respectively, without
such a limitation, the Secretary may remove any labeling
requirements or postmarketing conditions made applicable to the
drug during the earlier approval process.
``(4) Relation to other provisions.--Nothing in this
subsection shall be construed to prohibit designation and
expedited review of a drug as a breakthrough therapy under
section 506(a), designation and treatment of a drug as a fast
track product under section 506(b), or accelerated approval of
the drug under section 506(c), in combination with approval of
the drug for use in a limited population of patients under this
subsection.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to alter the standards of evidence under
subsection (c) or (d) (including the substantial evidence
standard in subsection (d)). Subsections (c) and (d) and such
standards of evidence apply to the review and approval of drugs
under this subsection, including whether a drug is safe and
effective. Nothing in this subsection shall be construed to
limit the authority of the Secretary to approve products
pursuant to this Act and the Public Health Service Act as
authorized prior to the date of enactment of this subsection.
``(6) Effective immediately.--The Secretary shall have the
authorities vested in the Secretary by this subsection
beginning on the date of enactment of this subsection,
irrespective of when and whether the Secretary promulgates
final regulations to carry out this subsection.''.
(b) Licensure of Certain Biological Products.--Section 351(j) of
the Public Health Service Act (42 U.S.C. 262(j)) is amended--
(1) by striking ``(j)'' and inserting ``(j)(1)'';
(2) by inserting ``505(x),'' after ``505(p),''; and
(3) by adding at the end the following:
``(2) In applying section 505(x) of the Federal Food, Drug,
and Cosmetic Act to the licensure of biological products under
this section--
``(A) references to an antibacterial or antifungal
drug that is intended to treat a serious or life-
threatening disease or condition shall be construed to
refer to biological products intended to treat a
bacterial or fungal infection associated with a serious
or life-threatening disease; and
``(B) references to approval of a drug under
section 505(c) of such Act shall be construed to refer
to licensure of a biological product under subsection
(a) of this section.''.
(c) Monitoring.--Title III of the Public Health Service Act is
amended by inserting after section 317T (42 U.S.C. 247b-22) the
following:
``SEC. 317U. MONITORING ANTIBACTERIAL AND ANTIFUNGAL DRUG USE AND
RESISTANCE.
``(a) Monitoring.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall use the National
Healthcare Safety Network or another appropriate monitoring system to
monitor--
``(1) the use of antibacterial and antifungal drugs,
including those receiving approval or licensure for a limited
population pursuant to section 505(x) of the Federal Food,
Drug, and Cosmetic Act; and
``(2) changes in bacterial and fungal resistance to drugs.
``(b) Public Availability of Data.--The Secretary, acting through
the Director of the Centers for Disease Control and Prevention, shall
make the data derived from monitoring under this section publicly
available for the purposes of--
``(1) improving the monitoring of important trends in
antibacterial and antifungal resistance; and
``(2) ensuring appropriate stewardship of antibacterial and
antifungal drugs, including those receiving approval or
licensure for a limited population pursuant to section 505(x)
of the Federal Food, Drug, and Cosmetic Act.''.
SEC. 3. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL
ORGANISMS.
(a) In General.--Section 511 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360a) is amended to read as follows:
``SEC. 511. SUSCEPTIBILITY TEST INTERPRETIVE CRITERIA FOR MICROBIAL
ORGANISMS.
``(a) In General.--The Secretary shall identify upon approval and
subsequently update susceptibility test interpretive criteria for
antibacterial drugs (including biological products intended to treat a
bacterial infection and other types of antimicrobial drugs, as deemed
appropriate by the Secretary), including qualified infectious disease
products, by relying upon, to the extent available--
``(1) preclinical and clinical data, including
pharmacokinetic, pharmacodynamic, and epidemiological data;
``(2) Bayesian and pharmacometric statistical
methodologies; and
``(3) such other confirmatory evidence as the Secretary
deems necessary.
``(b) Responding to Susceptibility Test Interpretive Criteria
Identified or Updated by Private Entities.--
``(1) In general.--Each quarter of each fiscal year, the
Secretary shall--
``(A) evaluate any appropriate new or updated
susceptibility test interpretive criteria published by
a nationally or internationally recognized standard
development organization; and
``(B) publish on the public Website of the Food and
Drug Administration a notice--
``(i) adopting the new or updated
interpretive criteria;
``(ii) declining to adopt the new or
updated interpretive criteria and explaining
the reason for such decision; or
``(iii) adopting one or more parts of the
new or updated interpretive criteria, declining
to adopt the remainder of such criteria, and
explaining the reason for so declining.
``(2) Annual compilation of notices.--Each year, the
Secretary shall compile the notices published under paragraph
(1)(B) and publish such compilation in the Federal Register.
``(3) Relation to section 514(c).--Any susceptibility test
interpretive criterion for which an approval is in effect under
paragraph (1) may be recognized as a standard by the Secretary
under section 514(c)(1).
``(4) Use of non-adopted criteria.--Nothing in this section
prohibits the sponsor of a drug or device from seeking approval
or clearance of the drug or device, or changes to the drug, the
device, or its labeling, on the basis of susceptibility test
interpretive criteria which differ from those adopted pursuant
to paragraph (1).
``(c) Definitions.--In this section:
``(1) The term `qualified infectious disease product' means
a qualified infectious disease product designated under
505E(d).
``(2) The term `susceptibility test interpretive criteria'
means one or more specific values which characterize the degree
to which bacteria or other microbes are resistant to the drug
(or drugs) tested, such as clinically susceptible,
intermediate, or resistant.''.
(b) Conforming Amendment.--Section 1111 of the Food and Drug
Administration Amendments Act of 2007 (42 U.S.C. 247d-5a; relating to
identification of clinically susceptible concentrations of
antimicrobials) is repealed.
(c) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary of Health and Human Services shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report on the progress made in implementing
section 511 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360a), as amended by this section.
SEC. 4. NO EFFECT ON HEALTH CARE PRACTICE.
Nothing in the Antibiotic Development to Advance Patient Treatment
Act of 2013 (including the amendments made thereby) shall be construed
to restrict, in any manner, the prescribing of antibiotics or other
products by health care professionals, or to limit the practice of
health care. | Antibiotic Development to Advance Patient Treatment Act of 2013 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to authorize the Secretary of Health and Human Services (HHS) to approve the use of an antibacterial or antifungal drug that is intended for treatment of a serious or life-threatening disease or condition to treat a limited population of patients for which there is an unmet medical need. Requires the labeling of such drugs to prominently include in the prescribing information the statement that the drug is indicated for use in a limited and specific population of patients. Amends the Public Health Service Act to authorize the Secretary to license those antibacterial or antifungal drugs as biological products. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) monitor the use of antibacterial and antifungal drugs, (2) monitor changes in bacterial and fungal resistance to drugs, and (3) make the information derived from such monitoring available to the public. Amends the FFDCA to direct the Secretary: (1) to identify upon approval, and subsequently update, susceptibility test interpretive criteria for antibacterial drugs by relying upon preclinical and clinical data, Bayesian and pharmacometric statistical methodologies, and such other confirmatory evidence the Secretary deems necessary; (2) on a quarterly basis, to evaluate new or updated criteria published by a nationally or internationally recognized standard development organization; and (3) to publish on the Food and Drug Administration's (FDA's) website a notice adopting, declining to adopt, or partially adopting such new or updated criteria. | Antibiotic Development to Advance Patient Treatment Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Commuters Relief Act of
2007''.
SEC. 2. FINDINGS.
The Congress hereby finds:
(1) In 2007, the price of gasoline has risen to record
levels in many areas of the United States.
(2) Rising gas prices present significant challenges to
commuters dependent on cars or other automobiles for
transportation to and from their places of employment.
(3) Residents of rural areas are particularly affected by
increasing gasoline prices given their limited access to public
transportation and longer distances between homes and places of
employment.
(4) The health of economies in many rural areas is
particularly susceptible to harm from the increasing price of
gasoline.
(5) The documented incidence of poverty is higher outside
of metropolitan areas than within such areas.
SEC. 3. DEDUCTION FOR LONG-DISTANCE RURAL COMMUTERS DURING PERIODS OF
HIGH GASOLINE PRICES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225 and by inserting after section 223 the following new
section:
``SEC. 224. HIGH GASOLINE EXPENSES FOR LONG-DISTANCE RURAL COMMUTERS.
``(a) Allowance of Deduction.--In the case of an eligible
individual, there shall be allowed as a deduction the sum of the
amounts determined under subsection (b) for each high gasoline price
month during the taxable year.
``(b) Amount of Credit.--
``(1) In general.--The amount of credit determined under
this subsection for each high gasoline price month is $100.
``(2) Increased credit for carpooling.--The amount of
credit determined under paragraph (1) for each high gasoline
price month shall be increased by $100 if the eligible
individual car pools an average of 4 days per week during the
3-month period ending with such month.
``(3) Car pool.--An individual car pools on any trip if at
least one other individual is in the highway motor vehicle
during substantially all of the trip in connection with the
employment of such other individual.
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means,
with respect to any month, any individual if--
``(A) throughout such month, the distance between
the individual's principal place of abode and primary
place of employment is more than 30 miles,
``(B) on at least 4 days during each week of such
month, such individual commutes between such place of
abode and place of employment using a highway motor
vehicle--
``(i) which is fueled gasoline or diesel
fuel, and
``(ii) which is registered to such
individual or to another individual as part of
a car pooling arrangement between such
individuals,
``(C) both such places are in rural areas, and
``(D) the family income of the family which
includes the taxpayer does not exceed the median family
income for the United States.
``(2) Rural area.--The term `rural area' means any
nonmetropolitan area (as determined by the Office of Management
and Budget for census purposes) with a population of not more
than 30,000.
``(d) High Gasoline Price Month.--For purposes of this section--
``(1) In general.--The term `high gasoline price month'
means any calendar month during which the average weekly retail
price of regular grade gasoline (inclusive of taxes) for
applicable PAD District is at least $3 per gallon.
``(2) Applicable pad district.--For purposes of paragraph
(1), the applicable PAD district is the Petroleum
Administration for Defense District which includes most of the
distance between the individual's principal place of abode and
primary place of employment.
``(e) Separate Application to Individuals Filing Joint Returns.--
This section shall be applied separately to individuals filing a joint
return.''.
(b) Deduction Allowed Whether or Not Individual Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (21) the following new paragraph:
``(22) High gasoline expenses for long-distance rural
commuters.--The deduction allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 as inserting the following new items:
``Sec. 224. High gasoline expenses for long-distance rural commuters.
``Sec. 225. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to calendar months beginning after the date of the enactment of
this Act and to taxable years ending after such date. | Rural Commuters Relief Act of 2007 - Amends the Internal Revenue Code to allow individual taxpayers who reside in a rural area of not more than 30,000 people a tax deduction for up to $100 of commuting costs in any month in which the cost of gasoline is at least $3 per gallon (high gasoline price month). Allows an additional $100 deduction amount for carpooling during a high gasoline price month. Allows individual taxpayers to claim such deduction whether or not they itemize their other deductions. | To amend the Internal Revenue Code of 1986 to allow long-distance rural commuters a deduction during periods when the local price of gasoline exceeds $3 per gallon. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empower States Act of 2013''.
SEC. 2. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND IN
STATES.
The Mineral Leasing Act is amended--
(1) by redesignating section 44 (30 U.S.C. 181 note) as
section 45; and
(2) by inserting after section 43 (30 U.S.C. 226-3) the
following:
``SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND
IN STATES.
``(a) In General.--Subject to subsection (b), the Secretary of the
Interior shall not issue or promulgate any guideline or regulation
relating to oil or gas exploration or production on Federal land in a
State if the State has otherwise met the requirements under this Act or
any other applicable Federal law.
``(b) Exception.--The Secretary may issue or promulgate guidelines
and regulations relating to oil or gas exploration or production on
Federal land in a State if the Secretary of the Interior determines
that as a result of the oil or gas exploration or production there is
an imminent and substantial danger to the public health or
environment.''.
SEC. 3. REGULATIONS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459. REGULATIONS.
``(a) Comments Relating to Oil and Gas Exploration and
Production.--Before issuing or promulgating any guideline or regulation
relating to oil and gas exploration and production on Federal, State,
tribal, or fee land pursuant to this Act, the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), the Act entitled `An Act to regulate the leasing of certain
Indian lands for mining purposes', approved May 11, 1938 (commonly
known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et
seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), or any other
provision of law or Executive order, the head of a Federal department
or agency shall seek comments from and consult with the head of each
affected State, State agency, and Indian tribe at a location within the
jurisdiction of the State or Indian tribe, as applicable.
``(b) Statement of Energy and Economic Impact.--Each Federal
department or agency described in subsection (a) shall develop a
Statement of Energy and Economic Impact, which shall consist of a
detailed statement and analysis supported by credible objective
evidence relating to--
``(1) any adverse effects on energy supply, distribution,
or use, including a shortfall in supply, price increases, and
increased use of foreign supplies; and
``(2) any impact on the domestic economy if the action is
taken, including the loss of jobs and decrease of revenue to
each of the general and educational funds of the State or
affected Indian tribe.
``(c) Regulations.--
``(1) In general.--A Federal department or agency shall not
impose any new or modified regulation unless the head of the
applicable Federal department or agency determines--
``(A) that the rule is necessary to prevent
imminent substantial danger to the public health or the
environment; and
``(B) by clear and convincing evidence, that the
State or Indian tribe does not have an existing
reasonable alternative to the proposed regulation.
``(2) Disclosure.--Any Federal regulation promulgated on or
after the date of enactment of this paragraph that requires
disclosure of hydraulic fracturing chemicals shall refer to the
database managed by the Ground Water Protection Council and the
Interstate Oil and Gas Compact Commission (as in effect on the
date of enactment of this Act).
``(d) Judicial Review.--
``(1) In general.--With respect to any regulation described
in this section, a State or Indian tribe adversely affected by
an action carried out under the regulation shall be entitled to
review by a United States district court located in the State
or the District of Columbia of compliance by the applicable
Federal department or agency with the requirements of this
section.
``(2) Action by court.--
``(A) In general.--A district court providing
review under this subsection may enjoin or mandate any
action by a relevant Federal department or agency until
the district court determines that the department or
agency has complied with the requirements of this
section.
``(B) Damages.--The court shall not order money
damages.
``(3) Scope and standard of review.--In reviewing a
regulation under this subsection--
``(A) the court shall not consider any evidence
outside of the record that was before the agency; and
``(B) the standard of review shall be de novo.''. | Empower States Act of 2013 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from issuing or promulgating any guideline or regulation relating to oil or gas exploration or production on federal land in a state if the state has otherwise met the requirements under applicable federal law, unless the Secretary determines that as a result of the exploration or production there is an imminent and substantial danger to the public health or the environment. Amends the Safe Drinking Water Act to require the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations. | Empower States Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the `` Helping Our Middle-Income Earners
Act'' or the ``HOME Act''.
SEC. 2. DEDUCTION OF HOMEOWNERS ASSOCIATION ASSESSMENTS.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 224
as section 225 and by inserting after section 223 the following new
section:
``SEC. 224. HOMEOWNERS ASSOCIATION ASSESSMENTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the qualified homeowners
association assessments paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--Except as provided in paragraph
(2), the deduction allowed by subsection (a) for the taxable
year shall not exceed $5,000.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be allowable as a deduction under this
section shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $100,000 ($150,000 in the
case of a joint return), bears to
``(ii) $15,000.
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(D) Cost-of-living adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2016, the dollar amounts under subparagraph
(B)(i)(II) shall be increased by an amount
equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2015' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next lower multiple of $500.
``(c) Qualified Homeowners Association Assessments.--For purposes
of this section--
``(1) In general.--The term `qualified homeowners
association assessments' means regularly occurring, mandatory
financial assessments (other than a special assessment)--
``(A) paid by a taxpayer to a homeowners
association with respect to the taxpayer's principal
residence (within the meaning of section 121),
``(B) that directly benefit the taxpayer's
principal residence, and
``(C) the obligation of which to pay arises from
the taxpayer's mandatory and automatic membership in
such homeowners association.
``(2) Homeowners association.--The term `homeowners
association' has the meaning given such term in section
528(c)(1) (determined without regard to timeshare
associations).''.
(b) Information Reporting.--Subpart B of part III of subchapter A
of chapter 61 of such Code is amended by adding at the end the
following new section:
``SEC. 6050X. RETURNS RELATED TO HOMEOWNERS ASSOCIATION ASSESSMENTS.
``(a) In General.--Any homeowners association which receives
qualified homeowners association assessments from any individual during
any calendar year shall make a return (at such time and in such form
and manner) setting forth--
``(1) the name, address, and TIN of each such individual,
and
``(2) the amount of qualified homeowners association
assessments received from each such individual during the
calendar year.
``(b) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required to be set forth in such return under such subsection a written
statement showing--
``(1) the name, address, and phone number of the
information contact of the person required to make such return,
and
``(2) the information required by subsection (a) with
respect to the individual.
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) was required to be made.
``(c) Definitions.--For purposes of this section, the terms
`homeowners association' and `qualified homeowners association
assessments' shall have the respective meanings given such terms by
section 224.''.
(c) Deduction Not Treated as Miscellaneous Itemized Deduction.--
Section 67(b) of such Code is amended by striking ``and'' at the end of
paragraph (11), by striking the period at the end of paragraph (12) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(13) the deduction under section 224 (relating to
homeowners association assessments).''.
(d) Clerical Amendment.--The table of sections for Part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following:
``Sec. 224. Homeowners association assessments.
``Sec. 225. Cross reference.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | Helping Our Middle-Income Earners Act or the HOME Act This bill amends the Internal Revenue Code to allow individual taxpayers an income-based tax deduction, up to $5,000, for qualified homeowners association assessments paid during the taxable year. The bill defines "qualified homeowners association assessments" as regularly occurring, mandatory financial assessments: (1) that are paid by a taxpayer to a homeowners association for the taxpayer's principal residence, (2) that directly benefit such residence, and (3) that arise from the taxpayer's mandatory and automatic membership in such association. The bill requires homeowners associations to file an informational return that sets forth the name, address, and taxpayer identification number of a taxpayer from whom the association receives assessments and the amount of such assessments. | HOME Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Small Business Tax Credit
Act of 2015''.
SEC. 2. VETERAN SMALL BUSINESS START-UP CREDIT.
(a) In General.--Subpart D 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 section:
``SEC. 45S. VETERAN SMALL BUSINESS START-UP CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
applicable veteran-owned business which elects the application of this
section, the veteran small business start-up credit determined under
this section for any taxable year is an amount equal to 15 percent of
so much of the qualified start-up expenditures of the taxpayer as does
not exceed $80,000.
``(b) Applicable Veteran-Owned Small Business.--For purposes of
this section--
``(1) In general.--The term `applicable veteran-owned small
business' means a small business controlled by one or more
qualified veterans.
``(2) Qualified veteran.--The term `qualified veteran'
means any individual (or the spouse or surviving spouse of such
an individual) who--
``(A) has served on active duty in the Armed Forces
of the United States, and
``(B) at any time in the course of such service,
was stationed outside of the United States.
Such term shall not include any individual who was discharged
or released from the Armed Forces of the United States under
dishonorable conditions.
``(3) Control.--The term `controlled' means--
``(A) management and operation of the daily
business, and
``(B)(i) in the case of a sole proprietorship, sole
ownership,
``(ii) in the case of a corporation, ownership (by
vote or value) of not less than 51 percent of the stock
in such corporation, or
``(iii) in the case of a partnership or joint
venture, ownership of not less than 51 percent of the
profits interests or capital interests in such
partnership or joint venture.
``(4) Small business.--The term `small business' means,
with respect to any taxable year, any person engaged in a trade
or business in the United States if--
``(A) the gross receipts of such person for the
preceding taxable year did not exceed $5,000,000, or
``(B) in the case of a person to which subparagraph
(A) does not apply, such person employed not more than
100 full-time employees during the preceding taxable
year.
For purposes of subparagraph (B), an employee shall be
considered full-time if such employee is employed at least 30
hours per week for 20 or more calendar weeks in the taxable
year.
``(c) Qualified Start-Up Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified start-up
expenditures' means--
``(A) any start-up expenditures (as defined in
section 195(c)), or
``(B) any amounts paid or incurred during the
taxable year for the purchase or lease of real
property, or the purchase of personal property, placed
in service during the taxable year and used in the
active conduct of a trade or business.
``(d) Special Rules.--For purposes of this section--
``(1) Year of election.--The taxpayer may elect the
application of this section only for the first 2 taxable years
for which ordinary and necessary expenses paid or incurred in
carrying on such trade or business are allowable as a deduction
by the taxpayer under section 162.
``(2) Controlled groups and common control.--All persons
treated as a single employer under subsections (a) and (b) of
section 52 shall be treated as 1 person.
``(3) No double benefit.--If a credit is determined under
this section with respect to any property, the basis of such
property shall be reduced by the amount of the credit
attributable to such property.''.
(b) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45S. Veteran small business start-up credit.''.
(c) Made Part of General Business Credit.--Section 38(b) of such
Code is amended by striking ``plus'' at the end of paragraph (35), by
striking the period at the end of paragraph (36) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(37) the veteran small business start-up credit
determined under section 45S.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Veteran Small Business Tax Credit Act of 2015 This bill allows a new business-related tax credit for the start-up expenses of a veteran-owned small business. The allowable amount of such credit is 15% of start-up expenditures that do not exceed $80,000. The credit is allowed to any individual (or the surviving spouse of such individual) who: (1) has served on active duty in the U.S. Armed Forces, (2) was stationed outside the United States, and (3) was not discharged or released under dishonorable conditions. | Veteran Small Business Tax Credit Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FHA Manufactured Housing Loan
Modernization Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) manufactured housing plays a vital role in providing
housing for low- and moderate-income families in the United
States;
(2) the FHA title I insurance program for manufactured home
loans traditionally has been a major provider of mortgage
insurance for home-only transactions;
(3) the manufactured housing market is in the midst of a
prolonged downturn which has resulted in a severe contraction
of traditional sources of private lending for manufactured home
purchases;
(4) during past downturns the FHA title I insurance program
for manufactured homes has filled the lending void by providing
stability until the private markets could recover;
(5) in 1992, during the manufactured housing industry's
last major recession, over 30,000 manufactured home loans were
insured under title I;
(6) in 2004, fewer than 2,000 manufactured housing loans
were insured under title I;
(7) the dramatic reduction in the use of the title I
program is due primarily to certain structural problems of the
program, which have resulted in refusal by the Government
National Mortgage Association (Ginnie Mae) to accept new
participants into the program since 1989, contributing to
higher loan costs and fewer loan originators;
(8) the loan limits for title I manufactured housing loans
have not been adjusted for inflation since 1992; and
(9) these problems with the title I program have resulted
in an atrophied market for manufactured housing loans, leaving
American families who have the most difficulty achieving
homeownership without adequate financing options for home-only
manufactured home purchases.
(b) Purposes.--The purposes of this Act are--
(1) to provide adequate funding for FHA-insured
manufactured housing loans for low- and moderate-income
homebuyers during all economic cycles in the manufactured
housing industry;
(2) to modernize the FHA title I insurance program for
manufactured housing loans to enhance participation by Ginnie
Mae and the private lending markets;
(3) to adjust the artificially low loan limits for title I
manufactured home loan insurance to reflect the increase in
costs since such limits were last increased in 1992 and to
index the limits to inflation; and
(4) to ensure that the title I manufactured housing loan
insurance program requires no credit subsidy from the Federal
Government.
SEC. 3. EXCEPTION TO LIMITATION ON FINANCIAL INSTITUTION PORTFOLIO.
The second sentence of section 2(a) of the National Housing Act (12
U.S.C. 1703(a)) is amended by striking ``In no case'' and inserting the
following: ``Other than in connection with a manufactured home or a lot
on which to place such a home (or both), in no case''.
SEC. 4. LOAN-TO-VALUE RATIO AND DOWNPAYMENT REQUIREMENT.
Section 2(b) of the National Housing Act (12 U.S.C. 1703(b)) is
amended by adding at the end the following new paragraph:
``(8) Loan-to-value and downpayment limitations on manufactured
housing loans.--No insurance may be granted under this section to any
such financial institution with respect to any obligation representing
any such loan, advance of credit, or purchase by it in connection with
a manufactured home or a lot on which to place a manufactured home (or
both) unless such loan or advance of credit, or any loan or advance of
credit represented by such an obligation--
``(A) involves a principal obligation not exceeding the sum
of--
``(i) the amount of the mortgage insurance premium
paid by the borrower at the time that the loan, advance
of credit, or purchase is made; and
``(ii) 95 percent of the appraised value of the
manufactured home or lot on which to place a
manufactured home (or both) for which the loan or
advance of credit is made; and
``(B) is made to a borrower who has paid in cash or its
equivalent, on account of the manufactured home or lot on which
to place a manufactured home (or both) for which the loan or
advance of credit is made, at least 3 percent of the
Secretary's estimate of the costs of acquisition, alteration,
improvements, lot preparation, or other eligible activity for
which the loan or advance of credit was made (excluding the
amount of the mortgage insurance premium paid by the borrower
at the time that the loan or advance of credit is made).''.
SEC. 5. INSURANCE BENEFITS.
Section 2(b) of the National Housing Act (12 U.S.C. 1703(b)), as
amended by section 4, is further amended by adding at the end the
following new paragraph:
``(9) Insurance benefits for manufactured housing loans.--
``(A) In general.--Any contract of insurance with respect
to loans, advances of credit, or purchases in connection with a
manufactured home or a lot on which to place a manufactured
home (or both) for a financial institution that is executed
under this title before or after the date of the enactment of
the FHA Manufactured Housing Loan Modernization Act of 2005 by
the Secretary shall be conclusive evidence of the eligibility
of such financial institution for insurance, and the validity
of any contract of insurance so executed shall be incontestable
in the hands of the bearer from the date of the execution of
such contract, except for fraud or misrepresentation on the
part of such institution.
``(B) Losses.--With respect only to a loan, advance of
credit, or purchase in connection with a manufactured home or a
lot on which to place such a home (or both), the Secretary
shall otherwise provide for the payment of insurance benefits
under the provisions of this section for losses on such loans,
advances, or purchases according to the same terms, conditions,
procedures, and requirements applicable under section 204 to a
mortgage insured under section 203 covering a manufactured home
(and the site on which it is located).''.
SEC. 6. MAXIMUM LOAN LIMITS.
(a) Dollar Amounts.--Section 2(b)(1) of the National Housing Act
(12 U.S.C. 1703(b)(1)) is amended--
(1) in subparagraph (A)(ii), by striking ``$17,500'' and
inserting ``$24,500'';
(2) in subparagraph (C) by striking ``$48,600'' and
inserting ``$68,040'';
(3) in subparagraph (D) by striking ``$64,800'' and
inserting ``$90,720'';
(4) in subparagraph (E) by striking ``$16,200'' and
inserting ``$22,680''; and
(5) by realigning subparagraphs (C), (D), and (E) 2 ems to
the left so that the left margins of such subparagraphs are
aligned with the margins of subparagraphs (A) and (B).
(b) Annual Indexing.--
(1) Method of indexing.--Section 206A of the National
Housing Act (12 U.S.C. 1712a) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (1) through
(7) as paragraphs (2) through (8),
respectively; and
(ii) by inserting before paragraph (2) (as
so redesignated) the following new paragraph:
``(1) subparagraphs (A)(ii), (C), (D), and (E) of section
2(b)(1) (12 U.S.C. 1703(b)(1));''.
(2) 2004 and 2005 adjustments.--Not later than 30 days
after the date of the enactment of this Act, the Federal
Reserve Board shall calculate the adjustments for 2004 and 2005
pursuant to paragraph (1) of section 206A(a) of the National
Housing Act (12 U.S.C. 1712a(a)(1)), as added by the amendment
made by paragraph (1) of this subsection, and shall notify the
Secretary of Housing and Urban Development pursuant to
subsection (b) of such section 206A. Such adjustments shall
take effect upon the date of such notification.
(3) Technical and conforming changes.--Section 2(b)(1) of
the National Housing Act (12 U.S.C. 1703(b)(1)), as amended by
subsection (a), is further amended--
(A) by striking ``No'' and inserting ``Except as
provided in the last sentence of this paragraph and in
paragraph (8), no''; and
(B) by adding after and below subparagraph (G) the
following flush language:
``The Secretary shall, by regulation, increase the dollar
amount limitations in subparagraphs (A)(ii), (C), (D), and (E)
(as such limitations may have been adjusted in accordance with
section 206A of this Act).''.
SEC. 7. INSURANCE PREMIUMS.
Section 2(f) of the National Housing Act (12 U.S.C. 1703(f)) is
amended--
(1) by inserting ``(1) In general.--'' after ``(f)''; and
(2) by adding at the end the following new paragraph:
``(2) Manufactured home loans.--Notwithstanding paragraph
(1), in the case of a loan, advance of credit, or purchase in
connection with a manufactured home or a lot on which to place
such a home (or both), the premium charge for the insurance
granted under this section shall be paid by the borrower under
the loan or advance of credit, as follows:
``(A) At the time of the making of the loan,
advance of credit, or purchase, a single premium
payment in an amount not to exceed 2.25 percent of the
amount of the original insured principal obligation.
``(B) In addition to the premium under subparagraph
(A), annual premium payments during the term of the
loan, advance, or obligation purchased in an amount not
exceeding 1.0 percent of the remaining insured
principal balance (excluding the portion of the
remaining balance attributable to the premium collected
under subparagraph (A) and without taking into account
delinquent payments or prepayments).
``(C) Premium charges under this paragraph shall be
established in amounts that are sufficient, but do not
exceed the minimum amounts necessary, to maintain a
negative credit subsidy for the program under this
section for insurance of loans, advances of credit, or
purchases in connection with a manufactured home or a
lot on which to place such a home (or both), as
determined based upon risk to the Federal Government
under existing underwriting requirements.''.
SEC. 8. REVISION OF UNDERWRITING CRITERIA.
(a) In General.--Section 2(b) of the National Housing Act (12
U.S.C. 1703(b)), as amended by the preceding provisions of this Act, is
further amended by adding at the end the following new paragraph:
``(10) Financial soundness of manufactured housing program.--The
Secretary shall establish such underwriting criteria for loans and
advances of credit in connection with a manufactured home or a lot on
which to place a manufactured home (or both), including such loans and
advances represented by obligations purchased by financial
institutions, as may be necessary to ensure that the program under this
title for insurance for financial institutions against losses from such
loans, advances of credit, and purchases is financially sound.''.
(b) Timing.--Not later than the expiration of the 6-month period
beginning on the date of the enactment of this Act, the Secretary of
Housing and Urban Development shall revise the existing underwriting
criteria for the program referred to in paragraph (10) of section 2(b)
of the National Housing Act (as added by subsection (a) of this
section) in accordance with the requirements of such paragraph. | FHA Manufactured Housing Loan Modernization Act of 2005 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes) to: (1) exempt such loans from certain financial institution portfolio limits; (2) establish loan-to-value ratio and downpayment requirements; (3) provide that any such contract shall be conclusive evidence of an institution's insurance eligibility; (4) increase loan limits; (5) set forth borrower premium charges; and (6) direct the Secretary of Housing and Urban Development to establish underwriting criteria that will ensure the manufactured housing program's financial soundness. | A bill to modernize the manufactured housing loan insurance program under title I of the National Housing Act. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Accountability in
Enforcing Immigration Laws Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ILLEGAL IMMIGRATION
Sec. 101. Making illegal immigration a felony.
Sec. 102. Detention of illegal aliens.
Sec. 103. State and local law enforcement bonuses.
Sec. 104. Employment investigations and restrictions for airport
workers.
Sec. 105. Terrorist watchlist and immigration status review for high-
risk critical infrastructure.
Sec. 106. Declaration of Congress regarding rapes along the border with
Mexico.
TITLE II--ENFORCEMENT
Sec. 201. Federal affirmation of assistance in the immigration law
enforcement by States and political
subdivisions of States.
Sec. 202. Training of State and local law enforcement personnel
relating to the enforcement of immigration
laws.
Sec. 203. Financial assistance to State and local police agencies that
assist in the enforcement of immigration
laws.
Sec. 204. Institutional removal program (IRP).
Sec. 205. State criminal alien assistance program (SCAAP).
Sec. 206. State authorization for assistance in the enforcement of
immigration laws encouraged.
Sec. 207. Listing of immigration violators in the National Crime
Information Center database.
TITLE I--ILLEGAL IMMIGRATION
SEC. 101. MAKING ILLEGAL IMMIGRATION A FELONY.
Section 275(a) of the Immigration and Nationality Act (8 U.S.C.
1325(a)) is amended by striking ``or imprisoned not more than 6 months,
or both, and, for a subsequent commission of any such offense, be fined
under title 18, United States Code''.
SEC. 102. DETENTION OF ILLEGAL ALIENS.
(a) In General.--The Commissioner of United State Immigration and
Customs Enforcement shall provide--
(1) for the detention of all aliens unlawfully present in
the United States who are apprehended by State or local law
enforcement officers; and
(2) in the case of a State or local government the law
enforcement agency of which detains such an alien, for the
payment to such government of the per diem rate to detain such
alien from the time of notification to United States
Immigration and Customs Enforcement by such government of such
detention until such alien is removed from such detention.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out subsection (a).
SEC. 103. STATE AND LOCAL LAW ENFORCEMENT BONUSES.
The Secretary of Homeland Security is authorized, under the program
carried out under section 287(g) of the Immigration and Nationality Act
(8 U.S.C. 1357(g)), to pay bonuses to State and local law enforcement
agencies for assistance in enforcing immigration laws.
SEC. 104. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR AIRPORT
WORKERS.
Section 44936(a)(1) of title 49, United States Code, is amended in
subparagraphs (A) and (B)--
(1) by inserting ``, immigration status check,'' after
``criminal history record check''; and
(2) by inserting ``on an annual basis'' after ``be
conducted''.
SEC. 105. TERRORIST WATCHLIST AND IMMIGRATION STATUS REVIEW FOR HIGH-
RISK CRITICAL INFRASTRUCTURE.
There are authorized to be appropriated to the Secretary of
Homeland Security such sums as may be necessary for the Secretary to
require, as a condition of receipt of a grant under the Buffer Zone
Protection Program for a Tier I or Tier II critical infrastructure
site, that the owner and operator of the site conduct checks of their
employees whose functions affect the security of the site against
available terrorist watchlists and immigration status databases.
SEC. 106. DECLARATION OF CONGRESS REGARDING RAPES ALONG THE BORDER WITH
MEXICO.
Congress condemns rapes by smugglers along the international land
border of the United States and urges in the strongest possible terms
the Government of Mexico to work in coordination with United States
Customs and Border Protection take immediate action to prevent such
rapes from occurring.
TITLE II--ENFORCEMENT
SEC. 201. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW
ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF
STATES.
(a) In General.--Notwithstanding any other provision of law and
reaffirming the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State have the
inherent authority of a sovereign entity to investigate, identify,
apprehend, arrest, detain, or transfer to Federal custody aliens in the
United States (including the transportation of such aliens across State
lines to detention centers), for the purposes of assisting in the
enforcement of the immigration laws of the United States in the course
of carrying out routine duties. This State authority has never been
displaced or preempted by Congress.
(b) Construction.--Nothing in this section may be construed to
require law enforcement personnel of a State or political subdivision
of a State to--
(1) report the identity of a victim of, or a witness to, a
criminal offense to the Secretary of Homeland Security for
immigration enforcement purposes; or
(2) arrest such victim or witness for a violation of the
immigration laws of the United States.
SEC. 202. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL
RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Establishment of Training Manual and Pocket Guide.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall establish--
(1) a training manual for law enforcement personnel of a
State or political subdivision of a State to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens in
the United States (including the transportation of such aliens
across State lines to detention centers and the identification
of fraudulent documents); and
(2) an immigration enforcement pocket guide for law
enforcement personnel of a State or political subdivision of a
State to provide a quick reference for such personnel in the
course of duty.
(b) Availability.--The training manual and pocket guide established
in accordance with subsection (a) shall be made available to all State
and local law enforcement personnel.
(c) Applicability.--Nothing in this section shall be construed to
require State or local law enforcement personnel to carry the training
manual or pocket guide established under subsection (a)(2) with them
while on duty.
(d) Costs.--The Secretary of Homeland Security shall be responsible
for any and all costs incurred in establishing the training manual and
pocket guide under subsection (a).
(e) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including
residential training at the Center for Domestic Preparedness,
onsite training held at State or local police agencies or
facilities, online training courses by computer,
teleconferencing, and videotape, or the digital video display
(DVD) of a training course or courses. E-learning through a
secure, encrypted distributed learning system that has all its
servers based in the United States, is sealable, survivable,
and can have a portal in place within 30 days, shall be made
available by the Federal Law Enforcement Training Center
Distributed Learning Program for State and local law
enforcement personnel.
(2) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(3) Clarification.--Nothing in this Act or any other
provision of law shall be construed as making any immigration-
related training a requirement for, or prerequisite to, any
State or local law enforcement officer to assist in the
enforcement of Federal immigration laws in the normal course of
carrying out their normal law enforcement duties.
(f) Training Limitation.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(2) in paragraph (2), by adding at the end the following
new sentence: ``Such training shall not exceed 14 days or 80
hours, whichever is longer.''.
SEC. 203. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT
ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing Illegal
Aliens.--From amounts made available to make grants under this section,
the Secretary of Homeland Security shall make grants to States and
political subdivisions of States for procurement of equipment,
technology, facilities, and other products that facilitate and are
directly related to investigating, apprehending, arresting, detaining,
or transporting immigration law violators, including additional
administrative costs incurred under this Act.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State or political subdivision of a State must have the
authority to, and have in effect the policy and practice to, assist in
the enforcement of the immigration laws of the United States in the
course of carrying out such agency's routine law enforcement duties.
(c) Funding.--There is authorized to be appropriated to the
Secretary of Homeland Security $250,000,000 for fiscal year 2008 and
each subsequent fiscal year to make grants under this section.
(d) GAO Audit.--Not later than three years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of funds distributed to States and political
subdivisions of States under subsection (a).
SEC. 204. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion.--
(1) In general.--The Secretary of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The institutional removal program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with officials of the institutional
removal program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such program as a condition for receiving such
funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State are authorized to--
(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State prison sentence
in order to effectuate the transfer of the alien to Federal
custody when the alien is removable or not lawfully present in
the United States; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from United States Immigration and
Customs Enforcement can take the alien into custody.
(c) Technology Usage.--Technology such as video conferencing shall
be used to the maximum extent possible in order to make the
Institutional Removal Program (IRP) available in remote locations.
Mobile access to Federal databases of aliens, such as IDENT, and live
scan technology shall be used to the maximum extent practicable in
order to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Homeland Security to carry out the
Institutional Removal Program--
(1) $100,000,000 for fiscal year 2008;
(2) $115,000,000 for fiscal year 2009;
(3) $130,000,000 for fiscal year 2010;
(4) $145,000,000 for fiscal year 2011; and
(5) $160,000,000 for fiscal year 2012.
SEC. 205. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by inserting before the period at the end the
following: ``and $1,000,000,000 for each subsequent fiscal year''.
SEC. 206. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF
IMMIGRATION LAWS ENCOURAGED.
(a) In General.--Effective six months after the date of the
enactment of this Act, a State, or political subdivision of a State,
that has in effect a statute, policy, or practice that prohibits law
enforcement officers of the State, or of a political subdivision within
the State, from assisting or cooperating with Federal immigration law
enforcement in the course of carrying out the officers' routine law
enforcement duties shall not receive 25 percent of the non-emergency
funds that would otherwise be allocated to the State, or to the
political subdivision of the State, from the Department of Homeland
Security. If the Secretary of Homeland Security determines that such is
appropriate, the Secretary may withhold an additional 25 percent of
such funds that would otherwise be so allocated.
(b) Rule of Construction.--Nothing in this section shall require a
law enforcement official from a State or a political subdivision of a
State to report or arrest victims or witnesses of a criminal offense.
(c) Reallocation of Funds.--Any funds that are not allocated to a
State or to political subdivision of a State due to the failure of the
State or the political subdivision of a State to comply with subsection
(a) shall be reallocated to States or political subdivisions of States
that comply with such subsection.
SEC. 207. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of the enactment of this Act, the Under Secretary for
Border and Transportation Security of the Department of Homeland
Security shall provide the National Crime Information Center of the
Department of Justice with such information as the Under Secretary may
have on any aliens against whom a final order of removal has been
issued, any aliens who have signed a voluntary departure agreement, any
aliens who have overstayed their authorized period of stay, and any
aliens whose visas have been revoked. Such information shall be
provided to the National Crime Information Center, and the National
Crime Information Center shall enter such information into the
Immigration Violators File of the National Crime Information Center
database, regardless of whether--
(1) the alien received notice of a final order of removal;
(2) the alien has already been removed; or
(3) sufficient identifying information is available on the
alien.
(b) Inclusion of Information in the NCIC Database.--Section 534(a)
of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation or whether sufficient identifying information is
available on the alien and even if the alien has already been
removed.''. | Accountability in Enforcing Immigration Laws Act of 2007 - Amends the Immigration and Nationality Act to subject all illegal alien entrants to fines. (Under current law, first-time offenses are subject to such fines and/or six months' imprisonment, and subsequent offenses are subject to such fines and/or two years' imprisonment.)
Directs United States Immigration and Customs Enforcement to provide for: (1) detention of illegal aliens who are apprehended by state or local law enforcement officers; and (2) reimbursement of state and local detention costs.
Requires certain airport security screeners to undergo immigration status checks.
Requires owners and operators of high-risk critical infrastructure sites, in order to receive buffer zone protection grants, to conduct terrorist watchlist and immigration status database checks of security employees.
Condemns rapes by smugglers along the U.S. land border and urges the government of Mexico to work with United States Customs and Border Protection to take preventive action.
Affirms the inherent authority of state and local law enforcement personnel to assist in immigration enforcement while carrying out their routine duties. States that such provision shall not be construed to require such personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense to the Department of Homeland Security (DHS); or (2) arrest such victim or witness for an immigration-related violation.
Directs DHS to establish an immigration-related training manual for state and local law enforcement personnel.
Provides financial assistance to state and local law enforcement agencies for immigration enforcement assistance.
Continues the institutional removal program and expands it to all states.
Authorizes permanent appropriations for the state criminal alien assistance program.
Provides for the listing of immigration violators in the National Crime Information Center Database. | To amend the Immigration and Nationality Act to improve the interior enforcement of the immigration laws of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Predatory Lending
Through Education Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) While expanded access to credit from both prime and
subprime lenders has contributed to the highest homeownership
rates in the Nation's history, there is growing evidence that
some lenders are engaging in predatory lending practices--
excessive front-end fees, single-premium credit life insurance,
and exorbitant prepayment penalties--that make homeownership
much more costly for families that can least afford it.
(2) Borrowers with fair to good credit ratings may be able
to obtain loans in the ``prime'' mortgage market, with the
lowest interest rates and costs.
(3) Borrowers with blemished credit histories obtain
mortgage loans in the ``subprime'' mortgage market, with higher
interest rates and loan fees than are obtainable in the prime
market. Some subprime lenders have been making loans on terms
that are regarded as ``predatory''.
(4) Predatory lending involves home mortgages, mortgage
refinancing, home equity loans, and home repair loans with
unjustifiably high interest rates, excessive fees, balloon
payments, prepayment penalties, and the imposition of other
unreasonable, and sometimes fraudulent, terms.
(5) Predatory loans are said to have grown rapidly in
minority neighborhoods, often stripping away wealth that may
have taken owners decades or a lifetime to accumulate.
(6) Some communities that have lacked access to traditional
institutions were being victimized by second mortgage lenders,
home improvement contractors, and finance companies who peddled
high interest rate home equity loans with high loan fees to
cash-poor homeowners. Borrowers, who may not have fully
understood the terms of the loans, and who may not have been
offered adequate disclosures of the loan terms, often have
struggled to meet overwhelming mortgage payments and too often
ultimately lost their homes through foreclosure.
(7) A joint report by the Department of Housing and Urban
Development and the Treasury Department, issued June 21, 2000,
entitled ``Curbing Predatory Home Mortgage Lending'', urged the
Congress to adopt legislation that would restrict abusive terms
and conditions on high-cost loans, prohibit harmful sales
practices in mortgage markets, improve consumer literacy and
disclosures, prohibit government-sponsored enterprises from
purchasing loans with predatory features, and establish
predatory lending as a factor in CRA evaluations.
(8) The joint report proposed a four-point plan to address
predatory lending practices, as follows:
(A) To improve consumer literacy and disclosures,
the report recommended requiring lenders to recommend
that applicants for high-cost loans avail themselves of
home mortgage counseling, to disclose credit scores to
all borrowers upon request, and to give borrowers more
timely and more accurate information on loan costs and
terms.
(B) To prohibit harmful sales practices in the
mortgage market, the report recommended the banning of
practices such as loan ``flipping'' and lending to
borrowers without regard to their ability to repay the
loan, imposing new requirements on mortgage brokers to
document the appropriateness of a high-cost loan for
certain applicants, and requiring lenders who report to
credit bureaus to provide ``full-file'' payment history
for their mortgage customers.
(C) To restrict abusive terms and conditions on
high-cost loans, the report recommended that the
Congress increase the number of borrowers in the
subprime market covered by legislative protections,
further restrict balloon payments on high-cost loans,
restrict prepayment penalties and the financing of
points and fees, prohibit mandatory arbitration
agreements on high-cost loans, and ban lump-sum credit
life insurance and similar products.
(D) To improve market structure, the report
recommended the award of credit under the Community
Reinvestment Act of 1977 (CRA) to lenders that promote
borrowers from the subprime to prime mortgage market,
the denial of CRA credit to lenders for the origination
or purchase of loans that violate applicable lending
laws, the disclosure by lenders of the incidence of
high-cost loans in pools of mortgage-backed securities,
and the disclosure of the incidence of such loans in
the offering documents for such securities.
(9) A recent study by the Center for Community Change,
entitled ``Risk or Race? Racial Disparities and the Subprime
Refinance Market'' found a geographic concentration of subprime
lending in minority neighborhoods and to borrowers of color at
all income levels.
(10) A number of government agencies have become involved
in addressing various aspects of the predatory lending issue in
an attempt to reduce the number of lenders that use high-
pressure telemarketing sales techniques and mislead borrowers
about increases in interest rates and monthly payments on
adjustable rate mortgages.
(11) Predatory lending threatens to undo the work of many
nonprofit organizations that have worked with lenders and local
governments to improve distressed neighborhoods. More needs to
be done to assist borrowers who already have predatory loans,
to educate consumers about the dangers and pitfalls of entering
into a home loan, and to refer consumers to appropriate
governmental agencies or consumer protection organizations for
assistance.
SEC. 3. GRANT PROGRAM FOR EDUCATION AND COUNSELING REGARDING PREDATORY
LENDING.
(a) In General.--The Secretary of Housing and Urban Development may
make grants under this section to States, units of general local
government, and nonprofit organizations, which shall be used only for
costs of carrying out eligible anti-predatory lending activities under
subsection (b).
(b) Eligible Anti-Predatory Lending Activities.--Amounts from a
grant under this section may be used only for carrying out the
following activities:
(1) Education programs.--For education programs to inform
and educate consumers, particularly those most vulnerable to
being taken advantage of by predatory and unscrupulous lending
practices relating to home loans (such as low-income borrowers
and senior citizens), regarding home mortgages, mortgage
refinancing, home equity loans, and home repair loans with
unjustifiably high interest rates, excessive fees, balloon
payments, prepayment penalties, and the imposition of other
unreasonable, and sometimes fraudulent, terms.
(2) Counseling programs.--For programs, provided only by
organizations certified by the Secretary as competent to
provide homeownership counseling, that counsel homeowners and
prospective homeowners regarding predatory and unscrupulous
lending practices relating to home loans.
(3) Referral services.--For services that provide
referrals, for homeowners and prospective homeowners--
(A) to education and counseling programs described
in paragraphs (1) and (2); or
(B) to appropriate agencies or authorities
responsible for handling consumer complaints,
allegations, or requests for assistance regarding
predatory and unscrupulous lending practices relating
to home loans or for investigating the circumstances
surrounding home loans for possible violations of law.
(c) Eligibility and Application.--To be eligible for a grant under
this section, a State, unit of general local government, or nonprofit
organization shall submit to the Secretary an application for a grant
in such form and including such information as the Secretary shall
require, which shall include such information as the Secretary
considers appropriate to ensure that the grant amounts are used for
activities eligible under subsection (b).
(d) Maximum Grant Amount.--The maximum amount of grant funds that
may be provided under this section to any single grantee for any single
fiscal year shall be $1,000,000.
(e) Selection of Applicants.--The Secretary shall provide for
States, units of general local government, and nonprofit organizations
to submit applications for grants under this section. The Secretary
shall select applications to receive such grants according to selection
criteria, which the Secretary shall establish.
SEC. 4. TOLL-FREE TELEPHONE NUMBER FOR PREDATORY LENDING COMPLAINTS.
The Secretary shall, using any amounts reserved under section 7(1),
provide for the establishment, operation, and publication of a
nationwide toll-free telephone number to receive consumer complaints
regarding predatory and unscrupulous lending practices relating to home
loans, provide information about predatory lending, refer borrowers who
already have predatory loans to the appropriate governmental agencies
or consumer protection organizations for assistance, and coordinate
between existing State and nonprofit community organizations to create
a resource database of information for consumers.
SEC. 5. PREDATORY LENDING ADVISORY COUNCIL.
(a) Establishment.--There is established in the Department of
Housing and Urban Development a Predatory Lending Advisory Council (in
this section referred to as the ``Council'') to advise the Secretary on
policies and issues relating to predatory and unscrupulous lending
practices relating to home loans.
(b) Membership.--The Council shall be composed of 13 members
appointed by the Secretary, who shall include--
(1) 4 members who are representatives of community-based
organizations that work with consumers, lenders, and State and
local governments to improve distressed neighborhoods, assist
borrowers who already have predatory loans, educate consumers
about the dangers and pitfalls of entering into a home loan,
and refer consumers to appropriate governmental agencies or
consumer protection organizations for assistance;
(2) 3 members who are officials of State agencies or
offices for consumer affairs or consumer protection;
(3) 3 members who are private homeowners who are familiar
with home mortgages, mortgage refinancing, home equity loans,
and home repair loans; and
(4) 3 members who are representatives of the private real
estate industry, such as realtors, mortgage brokers, and
bankers.
(c) Terms and Vacancies.--Members of the Council shall serve terms
of two years, except that, of the initial members appointed, half shall
serve terms of one year and half shall serve terms of two years. A
vacancy in the Council shall be filled in the manner in which the
original appointment was made.
(d) Travel Expenses.--Members of the Council shall serve without
compensation but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Chairperson.--The Secretary shall designate a chairperson of
the Council at the time of appointment.
(f) Meetings and Hearings.--The Council shall meet upon the call of
the chairperson, except that the council shall meet not fewer than 3
times per year. The Council shall have the authority, when a majority
of the members deem necessary, to hold public hearings and to take
testimony and receive evidence from individuals and organizations.
(g) Advisory Functions.--The Council shall provide advice to the
Secretary regarding--
(1) the grant program under section 3, including advice
regarding criteria for selection of applications to receive
grant amounts;
(2) the establishment, operation, and publication of the
toll-free telephone number under section 4;
(3) coordination of activities of the Secretary regarding
prevention of predatory and unscrupulous lending practices
relating to home loans with such activities of lending
institutions; and
(4) any other matters regarding predatory and unscrupulous
lending practices relating to home loans that the Secretary
considers appropriate.
(h) Study of Defaults and Foreclosures.--The Council shall conduct
an extensive study of the root causes of default and foreclosure of
home loans, using as much empirical data as are available. The Council
shall submit a report to the Secretary and the Congress, not later than
12 months after the full membership of the Council is first appointed,
regarding the results of the study, which shall include recommendations
for consumer protection legislation regarding predatory and
unscrupulous lending practices relating to home loans.
SEC. 6. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Home loan.--The term ``home loan'' means a loan or
agreement to extend credit made to a natural person, which loan
is secured by a deed to secure debt, security deed, mortgage,
security instrument, deed of trust, or other document
representing a security interest or lien upon any interest in
one- to four-family residential property or a manufactured
home, regardless of where made, including the renewal or
refinancing of any such loan. Such term includes a home equity
line of credit or home improvement loan or other similar
agreement.
(2) Nonprofit organization.--The term ``nonprofit
organization'' has the meaning given such term in section
104(5) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12704(5)), except that subparagraph (D) of such
section shall not apply for purposes of this Act.
(3) Predatory or unscrupulous lending practice.--The term
``predatory or unscrupulous lending practice'' includes--
(A) making any loan that--
(i) is solely based on the borrower's home
equity;
(ii) is made without regard to the
borrower's ability to repay the obligation; and
(iii) is unaffordable to the borrower, as
may be evidenced by a failure to fully
understand the terms of the loans, a failure to
offer adequate disclosures of the loan terms, a
difficulty in meeting overwhelming mortgage
payments, loss of a home through foreclosure,
or otherwise;
(B) inducing a borrower to refinance a loan
repeatedly and charging additional points and fees,
even though refinancing may not be in the borrower's
interest; and
(C) engaging in fraud or deception to conceal the
true nature of the loan obligation from an unsuspecting
or unsophisticated borrower.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) State.--The term ``State'' means each of the several
States, the Commonwealth of Puerto Rico, the District of
Columbia, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, the Trust Territories
of the Pacific, or any other possession of the United States.
(6) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
parish, village, or other general purpose political subdivision
of a State.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for carrying out this Act
$55,000,000 for each of fiscal years 2006 through 2010, of which--
(1) not more than $2,000,000 in each such fiscal year shall
be for carrying out section 4; and
(2) not more than $5,000,000 in each such fiscal year shall
be for carrying out section 5.
SEC. 8. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act. | Prevention of Predatory Lending Through Education Act - Authorizes the Secretary of Housing and Urban Development to make grants to States, units of local government, and nonprofit organizations for counseling, referral, and education programs for the prevention of predatory lending.Directs the Secretary to establish a toll-free telephone number for predatory lending complaints.Establishes in the Department of Housing and Urban Development a Predatory Lending Advisory Council, which shall: (1) advise the Secretary on issues concerning predatory lending practices; and (2) conduct a study of the causes of home loan defaults and foreclosures. | To authorize the Secretary of Housing and Urban Development to make grants to States, units of general local government, and nonprofit organizations for counseling and education programs for the prevention of predatory lending and to establish a toll-free telephone number for complaints regarding predatory lending, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taunton, Massachusetts Special
Resources Study Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The city of Taunton, Massachusetts, is home to 9
distinct historic districts, with nearly 100 properties on the
National Register of Historic Places. Included among these
districts are the Church Green Historic District, the Bristol
County Courthouse Complex, the Taunton Green Historic District,
and the Reed and Barton Historic District.
(2) All of these districts include buildings and building
facades of great historical, cultural, and architectural value.
(3) Taunton Green is the site where the Sons of Liberty
first raised the Liberty and Union Flag in 1774, an event that
helped to spark a popular movement, culminating in the American
Revolution, and Taunton citizens have been among the first to
volunteer for America's subsequent wars.
(4) Robert Treat Paine, a citizen of Taunton and the first
Attorney General of Massachusetts, was a signer of the
Declaration of Independence.
(5) Taunton was a leading community in the Industrial
Revolution, and its industrial area has been the site of many
innovations in such industries as silver manufacture, paper
manufacture, and ship building.
(6) The grounds of the Bristol County Courthouse Complex
were designed by Frederick Law Olmsted, who also designed many
other important national sites.
(7) Main Street and Summer Street, which connect many of
the historic districts, are home to several historically and
architecturally significant structures, including Taunton City
Hall and the Leonard Block building, 2 outstanding examples of
19th Century American architecture.
(8) The city and people of Taunton have preserved many
artifacts, gravesites, and important documents dating back to
1638 when Taunton was founded.
(9) Taunton was and continues to be an important
destination for immigrants from Europe and other parts of the
world who have helped to give Southeastern Massachusetts its
unique ethnic character.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``city'' means the city of Taunton,
Massachusetts.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of
Massachusetts.
SEC. 4. STUDY.
(a) In General.--The Secretary, in consultation with appropriate
State historic preservation officers, State historical societies, the
city, and other appropriate organizations, shall conduct a special
resources study regarding the suitability and feasibility of
designating certain historic buildings and areas in the city as a unit
of the National Park System.
(b) Requirements.--The study required under subsection (a) shall--
(1) be conducted and completed in accordance with section
8(c) of Public Law 91-383 (16 U.S.C. la-5(c)); and
(2) include analysis, documentation, and determinations
regarding whether the historic areas in Taunton--
(A) can be managed, curated, interpreted, restored,
preserved, and presented as an organic whole under
management--
(i) by the National Park Service; or
(ii) under an alternative management
structure;
(B) have an assemblage of cultural, historic, and
natural resources that together represent distinctive
aspects of the heritage of the United States worthy of
recognition, conservation, interpretation, and
continuing use;
(C) reflect traditions, customs, beliefs, and
historical events that are valuable parts of the
national story;
(D) provide outstanding--
(i) opportunities to conserve
architectural, cultural, historical, natural,
or scenic features; and
(ii) recreational and educational
opportunities; and
(E) can be managed by the National Park Service, in
partnership with residents, business interests,
nonprofit organizations, and State and local
governments, to develop a unit of the National Park
System consistent with State and local economic
activity.
SEC. 5. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available to carry out this Act, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that--
(1) describes the findings, conclusions, and
recommendations of the study; and
(2) includes a discussion and consideration of the concerns
expressed by private landowners with respect to designating
certain structures studied under this Act as a unit of the
National Park System. | Taunton, Massachusetts Special Resources Study Act - Directs the Secretary of the Interior to conduct a study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System (NPS). | A bill to direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Zone Management Act
Reauthorization of 2003''.
SEC. 2. AMENDMENT OF COASTAL ZONE MANAGEMENT ACT OF 1972.
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 Coastal Zone Management
Act of 1972 (16 U.S.C. 1451 et seq.).
SEC. 3. ADMINISTRATIVE GRANTS.
(a) In General.--Section 306 (16 U.S.C. 1455) is amended by
striking so much as precedes subsection (b) and inserting the
following:
``administrative grants
``Sec. 306. (a) In General.--The Secretary may make grants to any
coastal State for the purpose of administering, amending, or modifying
that State's management program, if the State matches any such grant--
``(1) except as provided in paragraph (2), in a ratio of 1
to 1 of Federal-to-State contributions; or
``(2) for programs approved after October 1, 2001, in a
ratio of--
``(A) 4 to 1 for the first fiscal year;
``(B) 2.3 to 1 for the second fiscal year;
``(C) 1.5 to 1 for the third fiscal year; and
``(D) 1 to 1 for each fiscal year thereafter.''.
(b) Allocation.--Section 306(c) (16 U.S.C. 1455(c)) is amended to
read as follows:
``(c) Allocation of Grants to Coastal States.--(1) Grants under
this section shall be allocated to coastal States with approved
management programs based on rules and regulations promulgated by the
Secretary that take into account the extent and nature of the shoreline
and area covered by such a program, the population of such area, and
other relevant factors.
``(2)(A) The Secretary shall establish, after consulting with the
coastal States, maximum and minimum grants for any fiscal year to
promote equity between coastal States and effective coastal management.
``(B) In promoting equity, the Secretary shall consider the overall
change in grant funding under this section from the preceding fiscal
year and minimize the relative increases or decreases among all the
eligible coastal States.
``(3)(A) The Secretary shall ensure that each eligible coastal
State receives increased funding under this section in any fiscal year
for which the total amount appropriated to carry out this section is
greater than the total amount appropriated to carry out this section
for the preceding fiscal year.
``(B) Subparagraph (A) shall not apply in any fiscal year that is
the first full fiscal year for which an eligible State may receive
assistance under this section.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 318 (16 U.S.C. 1464) is amended--
(1) in subsection (a) by striking paragraph (1) and
inserting the following:
``(1) for grants under sections 306, 306A, and 309--
``(A) $80,000,000 for fiscal year 2004;
``(B) $83,000,000 for fiscal year 2005;
``(C) $85,500,000 for fiscal year 2006;
``(D) $88,000,000 for fiscal year 2007; and
``(E) $90,000,000 for fiscal year 2008;'';
(2) in subsection (a) by striking the period at the end of
paragraph (2) and inserting ``; and'', and by adding at the end
the following:
``(3) for expenses incidental to the administration of this
title, $6,500,000 for each of fiscal years 2004 through
2008.'';
(3) in subsection (c)--
(A) in the first sentence by striking ``during the
fiscal year, or during the second fiscal year after the
fiscal year, for which'' and inserting ``within 3
years''; and
(B) in the second sentence by striking ``under the
section for such reverted amount was originally made
available.'' and inserting ``to States under this
title.''; and
(4) by adding at the end thereof the following:
``(d) Restriction on Use of Amounts for Program, Administrative, or
Overhead Costs.--Except for funds appropriated under subsection (a)(3),
amounts appropriated under this section shall be available only for
grants to States and shall not be available for other program,
administrative, or overhead costs of the National Oceanic and
Atmospheric Administration or the Department of Commerce.
``(e) Funding of Coastal Nonpoint Pollution Control Programs.--The
Secretary shall ensure that of the funds provided under paragraph (1)
of subsection (a), no less than $10,000,000 or 14 percent, whichever is
greater, is expended to implement State coastal nonpoint pollution
control programs as approved under section 6217(c) of the Coastal Zone
Act Reauthorization Amendments of 1990 (16 U.S.C. 1455b(c)). | Coastal Zone Management Reauthorization Act of 2003 - Amends the Coastal Zone Management Act of 1972 to reauthorize administrative matching grants to coastal States for the purpose of administering, amending, or modifying States' coastal zone management programs.Requires the Secretary to allocate funds to coastal States in an equitable manner which ensures that eligible coastal States receive increased funding for each fiscal year for which total program appropriations have increased.Earmarks certain funds to implement State coastal nonpoint pollution control programs. | To amend the Coastal Zone Management Act of 1972 to authorize grants to coastal States under that Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Global Health
Technology Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research and development is a critical component of
United States leadership in global health.
(2) Research and innovation can help to break the cycle of
aid dependency by providing sustainable solutions to long-term
problems.
(3) Research and development for global health is crucial
for meeting new and emerging challenges, creating efficiencies,
strengthening health systems, shifting tasks, strengthening
workforces, and increasing access to health services for the
most vulnerable people.
(4) Advances in health and medical technologies have been
the major drivers behind massive improvements in health
worldwide during the past century, resulting in an average
increase in life expectancy of 21 years in low- and middle-
income countries between 1960 and 2002.
(5) New health technologies have a high return on
investment. For example, a new meningitis A vaccine developed
in collaboration with the United States Agency for
International Development (referred to in this section as
``USAID''), the Centers for Disease Control and Prevention, the
National Institutes of Health, and the Food and Drug
Administration, will save an estimated $570,000,000 in costs
that would otherwise be incurred for emergency vaccination
campaigns during the next decade, freeing much needed resources
for use elsewhere in overstretched health systems.
(6) USAID, the Centers for Disease Control and Prevention,
the National Institutes of Health, the Food and Drug
Administration, and the Department of Defense provide
significant contributions each year to global health research
and development. The United States Government is supporting the
development of 200 of the 365 products in the global pipeline
of products for neglected and poverty-related diseases.
(7) This commitment from the United States Government has
led to a remarkable increase in global health products. Forty-
five new health tools were registered between 2000 and 2010,
and the United States Government was involved in 24 of these
new global health products in the last decade, including--
(A) 6 drugs for malaria;
(B) 2 vaccines for pneumonia;
(C) 6 diagnostics for tuberculosis; and
(D) 2 drugs for leishmaniasis.
(8) Although investments from the United States Government
have enabled tremendous progress in the introduction of new
technologies for global health, gaps still exist in bringing
certain technologies through the development process and
rapidly scaling them up in the field.
(9) Better coordination is needed between Federal
agencies--
(A) to align research strategies;
(B) to identify and address gaps in product
development activity; and
(C) to move products efficiently along the
research-to-introduction continuum.
(10) Infectious diseases disproportionately impact
populations in low-income nations across Latin America, sub-
Saharan Africa, and Asia. Poor and vulnerable communities in
the United States are also at risk for contracting diseases
usually considered to be diseases of the developing world. For
example, cases of Chagas disease, which is found throughout
Latin America, and dengue fever, endemic to Mexico and Central
America, have been detected in communities with high poverty
rates in States along the United States border with Mexico.
(11) In collaboration with the World Health Organization
and its member states, the United States is a leading
participant in discussions to improve coordination and
financing of global health research and development. This
process will establish mechanisms to map research needs,
identify resource gaps, and set priorities to ensure that the
most crucial global health products are developed and delivered
for maximum global health impact.
(12) Because of its presence in the field, USAID is
uniquely placed--
(A) to assess local health conditions;
(B) to partner with public and private stakeholders
to ensure the development and timely introduction and
scale-up of tools that are culturally acceptable;
(C) to address serious and all-too-common health
problems; and
(D) to contribute to the strengthening of health
systems.
(13) In a recent report to Congress, USAID asserts that--
(A) health research is ``integral'' to its
``ability to achieve its health and development
objectives worldwide''; and
(B) innovation through research allows the agency
``to develop and introduce affordable health products
and practices and contribute to policies appropriate
for addressing health-related concerns in the
developing world''.
(14)(A) In ``Report to Congress: Health-Related Research
and Development Activities at USAID (HRRD), May 2011'', USAID
analyzed its activities from 2006 through 2010 and set forth a
5-year health research strategy for the next 5 years.
(B) The new strategy is--
(i) an important source of information on USAID's
programs for global health product development; and
(ii) an effective tool for measuring expected
results from 2011 through 2015.
(C) The strategy does not articulate USAID's investments
and programming for research and development in several
critical areas, including--
(i) new tools to diagnose, prevent, and treat
neglected tropical diseases;
(ii) research addressing the leading causes of
death and illness of women, newborns, and children; and
(iii) new tuberculosis vaccines.
(15) USAID has established a variety of instruments to
promote innovation and global health, such as--
(A) Grand Challenges for Development;
(B) the Innovation Fund for the Americas;
(C) Higher Education Solutions Network (HESN);
(D) university Development Labs; and
(E) Research and Innovation Fellowships.
(16) Research and development at USAID--
(A) facilitates public-private collaboration in the
development of global health technologies;
(B) leverages public and private sector support for
early stage research and development of health
technologies to encourage private sector investment in
late-stage technology development and product
introduction in developing countries;
(C) benefits the United States economy by investing
in the growing United States global health technology
sector, which--
(i) provides skilled jobs for American
workers (64 cents of every United States dollar
invested in global health research benefits
United States-based researchers);
(ii) creates opportunities for United
States businesses in the development and
production of new technologies; and
(iii) enhances United States
competitiveness in the increasingly
technological and knowledge-based global
economy; and
(D) enhances United States national security by--
(i) reducing the risk of pandemic disease;
and
(ii) contributing to economic development
and stability in developing countries.
(17) The United States should invest in affordable,
appropriate health technologies, including--
(A) medical devices for maternal, newborn, and
child care;
(B) new vaccines;
(C) new vaccine technologies and delivery tools;
(D) safe injection devices;
(E) diagnostic tests for infectious diseases;
(F) new tools for water, sanitation, and nutrition;
(G) multipurpose prevention technologies;
(H) information systems and mobile health and
information systems; and
(I) innovative disease prevention strategies.
(18) United States investments in the health technologies
set forth in paragraph (17) would--
(A) reduce the risk of disease transmission;
(B) accelerate access to life-saving global health
interventions for the world's poor;
(C) reduce the burden on local health systems; and
(D) result in significant cost savings for
development assistance funds.
(19) In circumstances where markets fail, public-private
partnerships are an effective way to develop, introduce and
scale up new health technologies.
(20)(A) Product development partnerships (referred to in
this paragraph as ``PDPs'') are a model of public-private
partnership that is successfully accelerating research to
benefit the developing world.
(B) PDPs are non-profit, nongovernmental entities that work
to accelerate the development of new tools to fight diseases in
resource-poor settings.
(C) PDPs typically manage resources and partnerships from
across public, private, and philanthropic sectors to drive the
development of a full pipeline of potential new products that
could save and improve lives in the developing world.
(D) USAID has played a significant role in advancing the
PDP model through its financial support.
(E) Between 2004 and 2013, the achievements of PDPs have
become increasingly successful at advancing new products
through the development pipeline towards registration, product
introduction, and use.
(21) USAID supports research and introduction activities
along a research-to-use continuum including--
(A) evidence reviews and health assessments in
developing countries; and
(B) the development, testing, adaptation, and
introduction of appropriate products and interventions
within the context of strengthening health systems.
(22)(A) A Center for Accelerating Innovation and Impact
(referred to in this paragraph as the ``Center'') has been
established at USAID to address technical, supply, and policy
barriers in the development, introduction, and scale-up of new
products and technologies for global health.
(B) For diseases and conditions in which market forces have
proven insufficient to generate and rapidly deliver new
technologies, the Center promotes and reinforces solutions to
overcome obstacles such as regulatory inefficiencies in
developing countries, limited user demand, gaps in market data
and supply chain hurdles.
(C) The Center also catalyzes partnerships with the public
and private sectors to develop and rapidly deploy new products.
(23) Since 1982, USAID has carried out a program to support
the development of health technologies through which USAID--
(A) has maximized the limited resources available
for global health;
(B) has ensured that products and medicines
developed for use in low-resource settings have reached
the people that need such products and medicines;
(C) has invented, designed, developed, or co-
developed 85 health technologies; and
(D) has collaborated with more than 100 private-
sector organizations, which have matched the funds
received from USAID by a 2:1 ratio.
(24) The research and development activities of USAID are
complementary to the work of other Federal agencies.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to acknowledge the role of the United States Agency for
International Development (referred to in this section as
``USAID'') in product development, introduction, and scale-up
of new global health tools; and
(2) to establish the Technologies for Health Program within
USAID to support the development of technologies for global
health that will--
(A) improve global health;
(B) reduce maternal, newborn, and child mortality
rates;
(C) improve health and nutrition;
(D) reverse the incidence of HIV/AIDS, malaria,
tuberculosis, and other infectious diseases;
(E) reduce the burden of chronic diseases;
(F) overcome technical, supply, and policy hurdles
to product introduction and scale-up; and
(G) support research and development that is
consistent with a global development strategy and other
related strategies developed by USAID.
SEC. 4. ESTABLISHMENT OF HEALTH TECHNOLOGIES PROGRAM.
(a) In General.--Section 107 of the Foreign Assistance Act of 1961
(22 U.S.C. 2151e) is amended by adding at the end the following:
``(c) Technologies for Health.--
``(1) Establishment.--There is established, within the
Health and Infectious Diseases and Nutrition Section of the
Global Health Bureau of the United States Agency for
International Development (referred to in this subsection as
`USAID'), the Technologies for Health Program (referred to in
this subsection as the `Program').
``(2) Functions.--The Program shall develop, advance, and
introduce affordable, available, and appropriate and primarily
late-stage technologies specifically designed--
``(A) to improve the health and nutrition of
populations in developing countries;
``(B) to reduce maternal, newborn, and child
mortality in such countries; and
``(C) to improve the diagnosis, prevention, and
reduction of disease, especially HIV/AIDS, malaria,
tuberculosis, and other infectious diseases, in such
countries.
``(3) Agreement.--The Program shall be carried out under a
cooperative agreement between USAID and 1 or more institutions
with a successful record of--
``(A) advancing the technologies described in
paragraph (2); and
``(B) integrating practical field experience into
the research and development process in order to
introduce the most appropriate technologies.
``(d) Action Plans.--The Administrator of USAID shall--
``(1) establish and implement action plans to incorporate
global health research and product development within each of
the global health and development programs, with support from
coordinating agencies;
``(2) establish metrics to measure progress in implementing
the action plans; and
``(3) consider all options in implementing the action
plans, including the use of public-private partnerships.
``(e) Priority Global Health Interventions.--The Center for
Accelerating Innovation and Impact of USAID shall continue its work to
speed the development, introduction, and scale-up of priority global
health interventions.''.
(b) Savings Provision.--Section 107(c) of the Foreign Assistance
Act of 1961, as added by subsection (a)--
(1) authorizes the United States Agency for International
Development (referred to in this subsection and section 5 as
``USAID'') to continue the health technologies research and
development activities carried out by USAID before the date of
the enactment of this Act; and
(2) does not establish a new program for such purposes.
SEC. 5. ANNUAL REPORT ON RESEARCH AND DEVELOPMENT ACTIVITIES AT USAID.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the following 4
years, the Administrator of the United States Agency for International
Development, after consultation with the Centers for Disease Control
and Prevention, the Department of Defense, the Food and Drug
Administration, and the National Institutes of Health, shall submit a
separate report to Congress on the research and development activities
carried out by USAID.
(b) Matters To Be Included.--Each report submitted under subsection
(a) shall include--
(1) updates on the implementation of USAID's strategy for
using research funds to stimulate the development and
introduction of products in each of its global health and
development programs;
(2) a description of USAID's collaborations and
coordination with other Federal departments and agencies in
support of translational and applied global health research and
development;
(3) a description of USAID's collaborations and
coordination with partner governments, bilateral and
multilateral donors, and other relevant governmental entities
in support of translational and applied global health research
and development;
(4) a description of USAID investments in science,
technology, and innovation;
(5) an explanation of how technologies and research
products developed by USAID complement work being done by other
Federal departments and agencies; and
(6) a list of technologies and research products that have
been introduced into field trials or use.
(c) Consultation.--The Administrator of USAID shall annually
consult with the heads of other Federal departments and agencies to
improve alignment of USAID's health-related research strategy with
other similar agency strategies, with the intent of working towards a
whole-of-government strategy for global health research and
development. | 21st Century Global Health Technology Act - Amends the Foreign Assistance Act of 1961 to establish within the Health and Infectious Diseases and Nutrition Section of the Global Health Bureau of the U.S. Agency for International Development (USAID) a program to develop technologies designed to: (1) improve the health and nutrition of populations in developing countries; (2) reduce maternal, newborn, and child mortality in such countries; and (3) improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases in such countries. States that such program shall be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of advancing the technologies described in this Act and integrating practical field experience into the research and development process. States that USAID's Center for Accelerating Innovation and Impact shall continue its work to speed the development, introduction, and scale-up of priority global health interventions. Directs USAID to report annually to Congress for four years on USAID research and development activities. | 21st Century Global Health Technology Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CHIP Mental Health Parity Act''.
SEC. 2. ENSURING ACCESS TO MENTAL HEALTH AND SUBSTANCE USE DISORDER
SERVICES FOR CHILDREN AND PREGNANT WOMEN UNDER THE
CHILDREN'S HEALTH INSURANCE PROGRAM.
(a) In General.--Section 2103(c)(1) of the Social Security Act (42
U.S.C. 1397cc(c)(1)) is amended by adding at the end the following new
subparagraph:
``(E) Mental health and substance use disorder
services (as defined in paragraph (5)).''.
(b) Mental Health and Substance Use Disorder Services.--
(1) In general.--Section 2103(c) of the Social Security Act
(42 U.S.C. 1397cc(c)) is amended--
(A) by redesignating paragraphs (5), (6), (7), and
(8) as paragraphs (6), (7), (8), and (9), respectively;
and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Mental health and substance use disorder services.--
Regardless of the type of coverage elected by a State under
subsection (a), child health assistance provided under such
coverage for targeted low-income children and, in the case that
the State elects to provide pregnancy-related assistance under
such coverage pursuant to section 2112, such pregnancy-related
assistance for targeted low-income women (as defined in section
2112(d)) shall--
``(A) include coverage of mental health services
(including behavioral health treatment) necessary to
prevent, diagnose, and treat a broad range of mental
health symptoms and disorders, including substance use
disorders; and
``(B) be delivered in a culturally and
linguistically appropriate manner.''.
(2) Conforming amendments.--
(A) Section 2103(a) of the Social Security Act (42
U.S.C. 1397cc(a)) is amended, in the matter before
paragraph (1), by striking ``paragraphs (5), (6), and
(7)'' and inserting ``paragraphs (5), (6), (7), and
(8)''.
(B) Section 2110(a) of the Social Security Act (42
U.S.C. 1397jj(a)) is amended--
(i) in paragraph (18), by striking
``substance abuse'' each place it appears and
inserting ``substance use''; and
(ii) in paragraph (19), by striking
``substance abuse'' and inserting ``substance
use''.
(C) Section 2110(b)(5)(A)(i) of the Social Security
Act (42 U.S.C. 1397jj(b)(5)(A)(i)) is amended by
striking ``subsection (c)(5)'' and inserting
``subsection (c)(6)''.
(c) Assuring Access to Care.--Section 2102(a)(7)(B) of the Social
Security Act (42 U.S.C. 1397bb(c)(2)) is amended by striking ``section
2103(c)(5)'' and inserting ``paragraphs (5) and (6) of section
2103(c)''.
(d) Mental Health Services Parity.--Subparagraph (A) of paragraph
(7) of section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c))
(as redesignated by subsection (b)(1)) is amended to read as follows:
``(A) In general.--A State child health plan shall
ensure that the financial requirements and treatment
limitations applicable to mental health and substance
use disorder services (as described in paragraph (5))
provided under such plan comply with the requirements
of section 2726(a) of the Public Health Service Act in
the same manner as such requirements or limitations
apply to a group health plan under such section.''.
(e) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect with respect to child
health assistance provided on or after the date that is 1 year
after the date of the enactment of this Act.
(2) Exception for state legislation.--In the case of a
State child health plan under title XXI of the Social Security
Act (or a waiver of such plan), which the Secretary of Health
and Human Services determines requires State legislation in
order for the respective plan (or waiver) to meet any
requirement imposed by the amendments made by this section, the
respective plan (or waiver) shall not be regarded as failing to
comply with the requirements of such title solely on the basis
of its failure to meet such an additional requirement before
the first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of enactment of this section. For
purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of the session
shall be considered to be a separate regular session of the
State legislature.
Passed the House of Representatives June 19, 2018.
Attest:
KAREN L. HAAS,
Clerk. | CHIP Mental Health Parity Act (Sec. 2) This bill requires Children's Health Insurance Program (CHIP) plans to cover mental health and substance use disorder services. Financial requirements and treatment limitations applicable to such services shall not differ from those applicable to other medical services under CHIP. | CHIP Mental Health Parity Act |
SECTION 1. TEMPORARY SUSPENSION OF 4.3 CENTS OF FUEL TAX RATES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline and diesel fuel) is amended
by adding at the end the following new subsection:
``(f) Temporary Suspension of 4.3 Cents of Fuel Tax Rates.--
``(1) In general.--During the temporary rate reduction
period, each rate of tax referred to in paragraph (2) shall be
reduced by 4.3 cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) subsection (a)(2)(A) (relating to gasoline
and diesel fuel),
``(B) sections 4091(b)(3)(A) and 4092(b)(2)
(relating to aviation fuel),
``(C) section 4042(b)(2)(C) (relating to fuel used
on inland waterways),
``(D) paragraph (1) or (2) of section 4041(a)
(relating to diesel fuel and special fuels),
``(E) section 4041(c)(2) (relating to gasoline used
in noncommercial aviation), and
``(F) section 4041(m)(1)(A)(i) (relating to certain
methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during the temporary rate reduction period.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during the temporary
rate reduction period, each of the rates specified in sections
6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A),
6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be reduced by 4.3
cents per gallon.
``(5) Coordination with highway trust fund deposits.--In
the case of fuel on which tax is imposed during the temporary
rate reduction period, each of the rates specified in
subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall be
reduced by 4.3 cents per gallon.
``(6) Temporary rate reduction period.--For purposes of
this subsection, the term `temporary rate reduction period'
means the period after the date of the enactment of this
subsection and before January 1, 1997.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 2. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the date of the enactment of this Act, tax has
been imposed under section 4081 or 4091 of the Internal Revenue
Code of 1986 on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time For Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the date of
the enactment of this Act, based on a request submitted to the
taxpayer before the date which is 3 months after such date of
enactment, by the dealer who held the liquid on such date of
enactment, and
(2) the taxpayer has repaid or agreed to repay the amount
so claimed to such dealer or has obtained the written consent
of such dealer to the allowance of the credit or the making of
the refund.
(c) Exception For Fuel Held In Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section, the terms
``dealer'' and ``held by a dealer'' have the respective meanings given
to such terms by section 6412 of such Code.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 3. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which tax was
imposed under section 4081 or 4091 of the Internal Revenue Code of 1986
before January 1, 1997, and which is held on such date by any person,
there is hereby imposed a floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on
January 1, 1997, to which the tax imposed by subsection (a)
applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before June 30, 1997.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(3) Aviation fuel.--The term ``aviation fuel'' has the
meaning given such term by section 4093 of such Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to gasoline, diesel fuel, or aviation fuel held by any
person exclusively for any use to the extent a credit or refund of the
tax imposed by section 4081 or 4091 of such Code is allowable for such
use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on gasoline or diesel fuel held in the tank
of a motor vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on January 1, 1997, by any
person if the aggregate amount of gasoline held by such
person on such date does not exceed 4,000 gallons, and
(B) on diesel fuel or aviation fuel held on such
date by any person if the aggregate amount of diesel
fuel or aviation fuel held by such person on such date
does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person submits
to the Secretary (at the time and in the manner required by the
Secretary) such information as the Secretary shall require for
purposes of this paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by section 4081
of such Code in the case of gasoline and diesel fuel and section 4091
of such Code in the case of aviation fuel shall, insofar as applicable
and not inconsistent with the provisions of this subsection, apply with
respect to the floor stock taxes imposed by subsection (a) to the same
extent as if such taxes were imposed by such section 4081 or 4091.
SEC. 4. OFFSETTING REDUCTIONS IN DEFENSE BUDGET AUTHORITY.
(a) Required Reduction.--Not later than 20 days after the date of
the enactment of this Act, the Secretary of Defense shall cancel
available budget authority in current defense procurement accounts in
such amounts as may be necessary to achieve a reduction in the amount
of $2,900,000,000 in outlays by the Department of Defense from such
accounts during the period beginning on the date of the enactment of
this Act and ending at the close of December 31, 1996.
(b) Identification of Programs To Be Cut.--The Secretary of Defense
shall submit to Congress a report specifying the programs, projects,
and activities of the Department of Defense from which cancellations of
budget authority are made for the purposes of subsection (a). Such
report shall show the specific dollar amount of budget authority
cancelled from each such program, project, or activity.
(c) Effect of Cancellations.--Amounts cancelled under this section
shall not be available for obligation for any purpose.
(d) Definitions.--For purposes of this section:
(1) available budget authority.--The term ``available
budget authority'' means amounts appropriated before the date
of the enactment of this Act for the Department of Defense that
remain available for obligation as of such date.
(2) Current procurement accounts.--The term ``current
defense procurement accounts'' means appropriation accounts
provided under the major heading ``PROCUREMENT'' in any Act
making appropriations for the Department of Defense that was
enacted before the date of the enactment of this Act and for
which, with respect to any such account, the period of
availability for obligation has not expired as of such date. | Amends the Internal Revenue Code to reduce, from the date of enactment of this Act until January 1, 1997, the rates of tax on gasoline, diesel and aviation fuel, fuel used on inland waterways, special motor fuels, and certain methanol or ethanol fuels. Prohibits the imposition of tax on compressed natural gas during that period. Reduces, for taxes imposed during that period, the rates regarding: (1) certain aviation fuel; (2) gasoline used in trains and certain buses and diesel fuel used in trains; and (3) alcohol fuels in provisions defining the Highway Trust Fund financing rate. Provides for the treatment of floor stocks.
Directs the Secretary of Defense to: (1) cancel budget authority in current defense procurement accounts as necessary to achieve a reduction of $2.9 billion in Department of Defense outlays; and (2) report to the Congress on the programs, projects, and activities from which cancellations are made. | To amend the Internal Revenue Code of 1986 to suspend the 4.3-cent general revenue portion of the fuel excise taxes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Monetary Stability Act
of 2001''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds that--
(1) monetary stability is necessary for strong long-term
economic growth and higher standards of living;
(2) many emerging market countries lack monetary stability
and have therefore suffered economic and financial problems
that reduce their economic growth and living standards,
including currency crises, financial fragility, inflation
expectations that are built into labor markets, and high and
volatile inflation rates and interest rates;
(3) there has been growing international interest in
official dollarization, whereby a country substantially or
totally eliminates its domestic currency and adopts the United
States dollar as legal tender;
(4) official dollarization enables a country to import
monetary stability, thereby bringing inflation and interest
rates down toward the levels of the United States;
(5) greater monetary stability helps increase long-term
economic growth and raise living standards in emerging market
countries;
(6) by increasing trade and investment flows and decreasing
the need for foreign assistance, greater economic growth and
higher living standards abroad would serve the interests of the
United States;
(7) countries that become officially dollarized lose
seigniorage (the profit from issuing a currency), and this is a
significant barrier to official dollarization;
(8) official dollarization would increase the seigniorage
earnings of the United States;
(9) it would be mutually beneficial for the United States
to encourage official dollarization by offering to share with
countries that become officially dollarized a portion of the
extra seigniorage earnings that the United States would earn;
and
(10) encouraging official dollarization complements ongoing
efforts by the United States to strengthen the international
financial architecture.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) the Federal Reserve System has no obligation to act as
a lender of last resort to the financial systems of dollarized
countries;
(2) the Federal Reserve System has no obligation to
consider the economic conditions of dollarized countries when
formulating or implementing monetary policy;
(3) the supervision of financial institutions in dollarized
countries remains the responsibility of those countries; and
(4) in the absence of qualification by the Secretary of the
Treasury under section 3, countries are free to dollarize
unilaterally.
SEC. 3. QUALIFICATION.
(a) In General.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') may qualify a country as officially
dollarized for purposes of this Act, after consideration of whether the
country has--
(1) ceased issuing a local paper currency;
(2) extinguished a substantial portion of the domestic
currency in circulation, with plans to extinguish as much of
that currency as feasible;
(3) granted legal tender status to the United States
dollar; and
(4) substantially redenominated its prices, assets, and
liabilities in United States dollars;
(b) Other Considerations.--In deciding whether to qualify a country
as officially dollarized under this section, the Secretary may consider
any additional factors the Secretary deems relevant.
(c) Statement by Secretary.--The Secretary shall issue a written
statement on qualification of a country under this section that
explains why the country has been qualified.
(d) Limitation.--The Secretary may not qualify a United States
territory or commonwealth as officially dollarized for purposes of this
Act.
SEC. 4. PAYMENTS.
(a) In General.--Beginning with the 1st business day of the 4th
full calendar month after the date a country is qualified under section
3, the Secretary shall, every 3 months, pay the government of the
country an amount equal to 21.25 percent of D, multiplied by I,
multiplied by P2, divided by P1.
(b) Definitions.--In subsection (a):
(1) D.--The term ``D'' means the lesser of--
(A) the dollar amount of Federal reserve notes the
country acquired from the Federal Reserve System for
purposes of official dollarization under this Act; or
(B) the dollar value of the domestic currency of
the country in circulation in the country before the
country was qualified.
(2) I.--The term ``I'' means the average yield to maturity
on 90-day Treasury bills in the most recent 3 calendar month
period occurring before the date of payment under subsection
(a), except that if a 90-day Treasury bill is not issued during
the 3-month period, the Secretary may substitute an appropriate
alternative interest rate.
(3) P1.--The term ```P1'' means the nonseasonally adjusted
United States City Average All Items Consumer Price Index for
All Urban Consumers for the month falling three months before
the most recent month occurring before the date of payment
under subsection (a) for which data are available, except that
if the price measure is discontinued or, in the judgment of the
Secretary, altered in a manner that is materially adverse to
the interests of the United States, the Secretary may, after
consultation with the Bureau of Labor Statistics, substitute an
appropriate alternative index.
(4) P2.--The term ``P2'' means the nonseasonally adjusted
United States City Average All Items Consumer Price Index for
All Urban Consumers for the most recent month occurring before
the date of payment under subsection (a) for which data are
available, except that if the price measure is discontinued or,
in the judgment of the Secretary, altered in a manner that is
materially adverse to the interests of the United States, the
Secretary may, after consultation with the Bureau of Labor
Statistics, substitute an appropriate alternative index.
SEC. 5. PREVIOUSLY DOLLARIZED COUNTRIES.
(a) Limitation.--The Secretary of the Treasury may not make a
payment under section 3 to the British Virgin Islands, East Timor, the
Republic of El Salvador, the Republic of the Marshall Islands, the
Federated States of Micronesia, the Republic of Palau, the Republic of
Panama, or the Turks and Caicos Islands until 10 percent of the
payments made countries not specified in this subsection equals or
exceeds the total of the payments that would be made in accordance with
subsection (b) of this section to the countries specified in this
subsection on qualification of the countries.
(b) Payment Calculation.--On qualification under section 3 of a
country specified in subsection (a) of this section, the Secretary of
the Treasury shall make payments to the country pursuant to section 4,
except that in applying section 4, the term ``D'' means an amount equal
to 4 percent of the nominal dollar gross domestic product for the
country, as calculated by the International Bank for Reconstruction and
Development (or other recognized statistical authority), as of June 1,
2001, for calendar year 1999.
SEC. 6. DISQUALIFICATION AND PAYMENT CANCELLATION.
(a) Limitation.--The Secretary shall disqualify, and cease making
payments to, a country under this Act if--
(1) the United States declares war on the country; or
(2) the Secretary determines that the country is no longer
officially dollarized in accordance with this Act, and issues a
written public statement to that effect that lists the reasons
for the determination.
(b) Considerations.--In making a determination under this section,
the Secretary shall consider the factors listed in section 3(a) and any
additional factors that the Secretary deems relevant.
SEC. 7. REGULATIONS.
The Secretary may issue such regulations as are appropriate to
carry out this Act.
SEC. 8. EXPENSES.
The amounts in the stabilization fund established by section 5302
of title 31, United States Code, (or, if the amounts in the
stabilization fund are not sufficient, the amounts deposited in the
surplus funds of the Federal Reserve Banks in accordance with section
7(a)(2) of the Federal Reserve Act) shall be available to cover the
expenses and payments under this Act. | International Monetary Stability Act of 2001 - Authorizes the Secretary of the Treasury to qualify a country as officially dollarized (when a country substantially or totally eliminates its domestic currency and adopts the U.S. dollar as legal tender), after consideration of whether the country has taken specified actions with respect to its currency. Directs the Secretary, upon qualification of a country, to pay to the government of such country, every three months, an amount determined according to a specified formula. Prohibits the Secretary from making payment to previously dollarized British Virgin Islands, East Timor, the Republic of El Salvador, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Republic of Panama, or the Turks and Caicos Islands, until specified conditions are met. | To promote international monetary stability and to share seigniorage with officially dollarized countries. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Foreign Lobbying Act of
1993''.
SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS
SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND
ASSOCIATIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
441 et seq.) is amended by adding at the end the following new section:
``prohibition of contributions and expenditures by multicandidate
political committees sponsored by foreign-controlled corporations and
associations
``Sec. 324. (a) Notwithstanding any other provision of law--
``(1) no multicandidate political committee or separate
segregated fund of a foreign-controlled corporation may make
any contribution or expenditure with respect to an election for
Federal office; and
``(2) no multicandidate political committee or separate
segregated fund of a trade organization, membership
organization, cooperative, or corporation without capital stock
may make any contribution or expenditure with respect to an
election for Federal office if 50 percent or more of the
operating fund of the trade organization, membership
organization, cooperative, or corporation without capital stock
is supplied by foreign-controlled corporations or foreign
nationals.
``(b) The Commission shall--
``(1) require each multicandidate political committee or
separate segregated fund of a corporation to include in the
statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be
updated annually and at any time when the percentage goes above
or below 50 percent) of the percentage of ownership interest in
the corporation that is controlled by persons other than
citizens or nationals of the United States;
``(2) require each trade association, membership
organization, cooperative, or corporation without capital stock
to include in its statement of organization of the
multicandidate political committee or separate segregated fund
(and update annually) the percentage of its operating fund that
is derived from foreign-owned corporations and foreign
nationals; and
``(3) take such action as may be necessary to enforce
subsection (a).
``(c) The Commission shall maintain a list of the identity of the
multicandidate political committees or separate segregated funds that
file reports under subsection (b), including a statement of the amounts
and percentage reported by such multicandidate political committees or
separate segregated funds.
``(d) As used in this section--
``(1) the term `foreign-owned corporation' means a
corporation at least 50 percent of the ownership interest of
which is controlled by persons other than citizens or nationals
of the United States;
``(2) the term `multicandidate political committee' has the
meaning given that term in section 315(a)(4);
``(3) the term `separate segregated fund' means a separate
segregated fund referred to in section 316(b)(2)(C); and
``(4) the term `foreign national' has the meaning given
that term in section 319.''.
SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN
NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended by adding at the end the following new subsection:
``(c) A foreign national shall not direct, dictate, control, or
directly or indirectly participate in the decisionmaking process of any
person, such as a corporation, labor organization, or political
committee, with regard to such person's Federal or non-Federal
election-related activities, such as decisions concerning the making of
contributions or expenditures in connection with elections for any
local, State, or Federal office or decisions concerning the
administration of a political committee.''.
SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES
INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION.
(a) There shall be established within the Federal Election
Commission a clearinghouse of existing public information regarding the
political activities of foreign principals and foreign agents (as
defined by the Foreign Agents Registration Act of 1938, as amended).
The information comprising this clearinghouse shall include and be
solely limited to the following:
(1) Existing publicly disclosed registrations and quarterly
reports required by the Federal Regulation of Lobbying Act (2
U.S.C. 261-270).
(2) Existing publicly disclosed registrations and quarterly
reports required by the Foreign Agents Registration Act, as
amended (22 U.S.C. 611-621).
(3) The catalogue of public hearings, hearings witnesses
and witness affiliations as printed in the Congressional
Record.
(4) Existing public information disclosed pursuant to House
and Senate rules regarding honoraria, the receipt of gifts,
travel, earned and unearned income, post-congressional
employment, and conflict of interest regulations.
(5) Existing public information disclosed pursuant to the
requirements of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(b) Notwithstanding any other provision of law, the disclosure by
the clearinghouse of any information other than that set forth in
subsection (a) shall be prohibited except by Act of Congress.
(c) A Director shall administer and manage the responsibilities and
all activities of the clearinghouse.
(d) The Director shall be appointed by the Federal Election
Commission.
(e) The Director shall serve a single term not to exceed 5 years.
(f) There shall be authorized such sums as necessary to conduct
activities of the clearinghouse.
SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE
CLEARINGHOUSE.
(a) In General.--It shall be the duty of the Director--
(1) to develop a filing, coding, and cross-indexing system
to carry out the purposes of this Act (which shall include an
index of all persons identified in the reports, registrations,
and other existing public disclosures filed under this Act);
(2) notwithstanding any other provision of law, to make
copies of registrations, reports and public disclosures filed
with him under this Act available for public inspection and
copying, commencing as soon as practicable, and to permit
copying of any such registration or report by hand or by
copying machine or, at the request of any person, to furnish a
copy of any such registration or report upon payment of the
cost of making and furnishing such copy; but no information
contained in such registration or report shall be sold or
utilized by any person for the purpose of soliciting
contributions or for any profit-making purpose;
(3) to compile and summarize, for each calendar quarter,
the information contained in such registrations, reports, and
other existing public disclosures required by this Act in a
manner which facilitates the disclosure of political
activities, including, but not limited to, information on--
(A) political activities pertaining to issues
before the Congress and issues before the executive
branch; and
(B) the political activities of individuals,
organizations, foreign principals, and foreign agents
who share an economic, business, or other common
interest;
(4) to make the information compiled and summarized under
paragraph (3) available to the public within 30 days after the
close of each quarterly period, and to publish such information
in the Federal Register at the earliest practicable
opportunity;
(5) not later than 150 days after the date of the enactment
of this Act and at any time thereafter, to prescribe, in
consultation with the Comptroller General of the United States,
rules, regulations, and forms, in conformity with the
provisions of chapter 5 of title 5, United States Code, as are
necessary to carry out the provisions of this Act in the most
effective and efficient manner;
(6) at the request of any Member of the Senate or the House
of Representatives, to prepare and submit to such Member a
special study or report relating to the political activities of
any person, such report to consist solely of the information in
the registrations, reports, and other publicly disclosed
information required in this Act;
(7) to require the accurate, timely, and complete transfer
of information required under section 1 of this Act to the
clearinghouse; and
(8) to refer to the Comptroller General for investigation
any instances where registrations, reports, and political
information required in section 1 of this Act are not forwarded
to the clearinghouse in an accurate, timely, and complete
fashion.
(b) Definitions.--As used in this section--
(1) the term ``issue before the Congress'' means the total
of all matters, both substantive and procedural, relating to
(A) any pending or proposed bill, resolution, report,
nomination, treaty, hearing, investigation, or other similar
matter in either the Senate or the House of Representatives or
any committee or office of the Congress, or (B) any action or
proposed action by a Member, officer, or employee of the
Congress to affect, or attempt to affect, any action or
proposed action by any officer or employee of the executive
branch; and
(2) the term ``issue before the executive branch'' means
the total of all matters, both substantive and procedural,
relating to any action or possible action by any executive
agency, or by any officer or employee of the executive branch,
concerning (A) any pending or proposed rule, rule of practice,
adjudication, regulation, determination, hearing,
investigation, contract, grant, license, negotiation, or the
appointment of officers and employees, other than appointments
in the competitive service, or (B) any issue before the
Congress.
SEC. 6. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS
AMENDED.
(a) Section 2(b) of the Foreign Agents Registration Act of 1938, as
amended, is amended in the first sentence by striking out ``, within
thirty days'' and all that follows through ``preceding six months'
period'' and inserting in lieu thereof ``on January 31, April 30, July
31, and October 31 of each year, file with the Attorney General a
supplement thereto on a form prescribed by the Attorney General, which
shall set forth regarding the three-month periods ending the previous
December 31, March 31, June 30, and September 30, respectively, or if a
lesser period, the period since the initial filing,''.
(b) Section 3(g) of the Foreign Agents Registration Act of 1938, as
amended, is amended by inserting after ``whether formal or informal.''
the following: ``Notwithstanding any other provision of law, persons
covered by this subsection shall be exempt only upon filing with the
Attorney General an affirmative request for exemption.''.
(c) Section 8 of the Foreign Agents Registration Act of 1938, as
amended, is amended by adding at the end thereof the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file a registration statement under
section 2(a) or a supplement thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay a civil penalty in an amount not less than
$2,000 or more than $5,000 for each violation committed. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) In conducting investigations and hearings under paragraph
(1), administrative law judges may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
``(B) In the case of contumacy or refusal to obey a subpoena
lawfully issued under this paragraph and, upon application by the
Attorney General, an appropriate district court of the United States
may issue an order requiring compliance with such subpoena and any
failure to obey such order may be punished by such court as contempt
thereof.''. | Ethics in Foreign Lobbying Act of 1993 - Amends the Federal Election Campaign Act of 1971 to prohibit multicandidate political committees or separate segregated funds of certain organizations or corporations which are controlled by foreign persons from making any contributions or expenditures with respect to an election for Federal office.
Prohibits foreign nationals from participating in the decisionmaking process of domestic organizations engaged in Federal, State, or local election-related activities.
Establishes within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and their agents.
Amends the Foreign Agents Registration Act of 1938 to require agents to file quarterly supplemental registration statements. Establishes civil penalties for violation of the registration requirements. | Ethics in Foreign Lobbying Act of 1993 |
SECTION 1. DEFINITIONS.
As used in this Act:
(1) School district.--The term ``School District'' means
the Lame Deer High School District No. 6., Rosebud County,
Montana.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Tribe.--The term ``Tribe'' means the Northern Cheyenne
Tribe.
SEC. 2. NORTHERN CHEYENNE LAND TRANSFER.
(a) Conveyance of Lands.--Notwithstanding any other provision of
law, the Secretary shall convey by patent to the School District all
right, title, and interest of the United States and the Tribe in the
lands described in subsection (b) for use by the School District only
for the purposes of constructing and operating on the lands a public
high school and related facilities.
(b) Description of Lands.--
(1) General legal description.--The lands described in this
paragraph are within the Northern Cheyenne Indian Reservation,
as follows: The W\1/2\ of SE\1/4\ and the E\1/2\ of SW\1/4\ of
section 10, township 3 south, range 41 east, M.P.M.
(2) Narrative description.--Such lands may be described as
follows: Beginning at the south \1/4\ corner of such section
10, thence south 89 degrees 56 minutes west 393.31 feet, on and
along the south line of such section 10 to the true point of
beginning, thence south 89 degrees 56 minutes west 500 feet, on
and along such section line, thence north 00 degrees 00 minutes
east, 575.0 feet, thence north 54 degrees 9 minutes 22 seconds
east, 2,382.26 feet, thence south 23 degrees 44 minutes 21
seconds east, 622.56 feet, thence south 51 degrees 14 minutes
40 seconds west, 2,177.19 feet, to the true point of beginning,
containing in all 40.0 acres, more or less.
SEC. 3. PATENT.
The patent issued by the Secretary under this Act shall be issued
subject to the following conditions:
(1) Title to all coal and other minerals, including oil,
gas, and other natural deposits, within the lands described in
section 2(b) shall remain with the Secretary to be held in
trust for the Tribe, as provided in Public Law 90-424 (82 Stat.
424).
(2) The lands described in section 2(b) conveyed to the
School District may be used only by the School District and
only for the purposes of constructing and operating on the
lands a public high school and related facilities.
(3) If, on the termination of the 8-year period beginning
on the date of issuance of the patent, classes have not
commenced in a permanent public high school facility
established on the lands described in section 2(b) conveyed to
the School District, or if such classes commence at the
facility during such period, but the facility subsequently
permanently ceases operating as a public high school--
(A) all right, title, and interest to the lands
described in section 2(b) conveyed to the School
District, free and clear of all liens and encumbrances,
shall automatically revert to the Secretary to be held
in trust for the Tribe; and
(B) the Secretary shall void the patent and the
patent shall have no further force or effect.
(4)(A) At any time after the conclusion of any litigation
pending as of the date of enactment of this Act (including any
trial and, if any, appellate proceedings) that challenges the
decision made by the Superintendent of Public Instruction for
the State of Montana on November 9, 1993, granting the petition
to create the School District, and with the prior approval of
the Superintendent of Public Instruction--
(i) the Tribe shall have the right to request the
Secretary to void the patent in accordance with
subparagraph (C); and
(ii) if the Tribe makes such request and meets the
requirements of subparagraph (C), the Tribe may enter
into a lease with the School District pursuant to the
Act of August 9, 1995 (69 Stat. 539, chapter 615; (25
U.S.C. 415(a))--
(I) covering the lands described in section
2(b);
(II) of a term of 25 years, with a right to
renew for an additional 25-year period; and
(III) under which the lands described in
section 2(b) shall be leased rent free to the
School District for the exclusive purpose of
constructing and operating a public high school
and related facilities on such lands.
(B) Any lease entered into pursuant to subparagraph (A)
shall, notwithstanding subparagraph (A)(II), terminate upon the
termination of the period specified in paragraph (3) if, by
such date, classes have not commenced in a permanent public
high school facility established on the lands described in
section 2(b) conveyed to the School District, or if, during
such period, such classes commence at the facility, but the
facility subsequently permanently ceases operating as a public
high school.
(C) If the Tribe seeks and obtains approval of the
Superintendent of Public Instruction of the State of Montana,
the Tribe may enter into a lease, if the lease is signed by the
Tribe and approved by the Secretary. Such lease shall comply
with the requirements of this paragraph. At such time as the
Tribe enters into a lease under this paragraph, the Secretary
shall void the patent, and, subject to the leasehold interest
offered to the School District, title to the lands described in
section 2(b), free and clear of all liens and encumbrances,
shall automatically revert to the Secretary in trust for the
Tribe.
(D) The Tribe may at any time irrevocably relinquish the
right of the Tribe to enter into a lease under this paragraph
by resolution of the Northern Cheyenne Tribal Council that
explicitly provides for the relinquishment of the right.
SEC. 4. EFFECT OF ACCEPTANCE OF PATENT.
Upon the acceptance by the School District of a patent issued by
the Secretary under this Act, the School District, and any party who
may subsequently acquire any right, title, or interest in the lands
described in section 2(b) by or through the School District, shall be
subject to the terms and conditions set forth in paragraphs (1) through
(4) of section 3. | Directs the Secretary of the Interior to transfer certain lands on the Northern Cheyenne Indian Reservation, Montana, to the Lame Deer High School District No. 6, Rosebud County, Montana, for construction of a high school and related facilities.
Stipulates that such lands shall revert to the Secretary (to held in trust for the Northern Cheyenne Tribe) if the high school is not operating within a specified time or ceases operations. | A bill to authorize the Secretary of the Interior to transfer 40 acres of land on the Northern Cheyenne Indian Reservation, Montana, to Lame Deer High School District No. 6, Rosebud County, Montana, and for other purposes. |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medicare Home
Health Case Manager Act of 1998''.
(b) Findings.--The Congress finds as follows:
(1) A Medicare beneficiary experiencing a severe or chronic
illness faces a bewildering array of home health and post-acute
care hospital services at a time in life when the Medicare
beneficiary is least able to ``manage'' the choices, especially
for beneficiaries who do not have family members to help them
consider the choices.
(2) Such a Medicare beneficiary may be unaware of the
financial relationships between institutions and agencies which
may cause the patient to be referred for home health services
that are unnecessary or not furnished in the most appropriate
setting.
(3) Medicare fee-for-service does not currently have a
system in which a physician or other health care provider is
encouraged to guide the patient through this maze of services
and help ensure that choices are made that maximize benefits
while minimizing costs.
(4) Chronically ill medicare patients need an independent
ombudsman to help develop a plan of care and to periodically
adjust the plan for the sole benefit of the patient and the
patient's family.
SEC. 2. ESTABLISHMENT OF MEDICARE HOME HEALTH CARE CASE MANAGERS FOR
LONG TERM HOME HEALTH SPELLS OF ILLNESS.
(a) Requirement for Case Management Plan for Beneficiaries
Requiring Extended Home Health Services.--
(1) In general.--Section 1861(m) of the Social Security Act
(42 U.S.C. 1395x(m)) is amended, in the matter preceding
paragraph (1), by inserting after ``under a plan (for
furnishing such items and services to such individual)
established and periodically reviewed by a physician'' the
following: ``and, in the case of such services furnished (or
likely to be required to be furnished) for an extended period
(as defined by the Secretary in regulations), under a home
health case management plan (as defined in subsection (uu)(2))
established by a home health case manager (as defined in
subsection (uu)(1)) in consultation with the physician and, if
available, the family of the individual''.
(2) Definitions.--Section 1861 of such Act (42 U.S.C.
1395x) is amended by adding at the end the following new
subsection:
``Home Health Case Manager
``(uu)(1) The term `home health case manager' means a public agency
or private organization (or a subdivision thereof) that--
``(A) develops, coordinates, and monitors the delivery of
home health services by home health agencies to an individual;
``(B) has experience and expertise in the furnishing of
home health services; and
``(C) meets such other standards as the Secretary finds
necessary for the effective and efficient development and
oversight of home health case management plans and to ensure
the health and safety of individuals furnished services under
such a plan.
``(2) The term `home health case management plan' means a
structured plan for the delivery of home health services that is
developed by a home health case manager, after consultation with the
physician and, if available, the family of the individual involved.
``(3) The term `home health case manager services' means the
development, coordination, and monitoring of a home health case
management plan for an individual furnished (or likely to be required
to be furnished) home health services for an extended period (as
defined by the Secretary in regulations under subsection (m)) and
includes the periodic review of such a plan.''.
(3) Guidance on initiation of case manager services.--The
Secretary of Health and Human Services shall provide guidance
on the process or processes that may be used to identify
Medicare beneficiaries requiring home health services for
extended periods and to develop home health case management
plans on a timely basis.
(4) Limitation on referrals.--Section 1877 of the Social
Security Act (42 U.S.C. 1395nn) shall apply to a referral by a
home health case manager to a home health agency in the same
manner as such section applies to a referral by a physician to
an entity described in section 1877(a)(2) of such Act.
(b) Coverage of and Payment for Home Health Case Manager
Services.--
(1) Part a.--
(A) Coverage.--Section 1812(a)(3) of such Act (42
U.S.C. 1395d(a)(3)) is amended by inserting before the
semicolon ``, and home health case manager services (as
defined in section 1861(uu)(3))''.
(B) Eligibility.--Section 1814(a)(2)(C) of such Act
(42 U.S.C. 1395f(a)(2)(C)) is amended by inserting
``and, in the case of such services furnished for an
extended period (as defined by the Secretary under
section 1861(m)), under a home health case management
plan that has been established and periodically
reviewed by a home health case manager'' after ``is
periodically reviewed by a physician''.
(C) Payment.--Section 1812 of such Act (42 U.S.C.
1395d) is amended by adding at the end the following
new subsection:
``(h)(1) Payment under this part for home health case manager
services (as defined in section 1861(uu)(3)) shall be made pursuant to
the fee schedule established by the Secretary under section 1834(m).
``(2)(A) Payment may be made under this title for home health case
manager services in the case of an individual only--
``(i) for the initial development of the home health case
management plan for the individual, and
``(ii) for the subsequent review and modification of such
plan, as provided by the Secretary in regulations.''.
(2) Coverage under part b.--
(A) In general.--Section 1832(a)(2)(A) of such Act
(42 U.S.C. 1395k(a)(2)(A)) is amended by inserting
before the semicolon ``, and home health case manager
services (as defined in section 1861(uu)(3))''.
(B) Eligibility.--Section 1835(a)(2) of such Act
(42 U.S.C. 1395n(a)(2)) is amended by inserting ``and,
in the case of such services furnished for an extended
period (as defined by the Secretary under section
1861(m)), under a home health case management plan that
has been established and periodically reviewed by a
home health case manager'' after ``is periodically
reviewed by a physician''.
(C) Payment.--Section 1833 of such Act (42 U.S.C.
1395l) is amended--
(i) in subsection (a)(2)--
(I) by striking ``and'' at the end
of subparagraph (F);
(II) by adding ``and'' at the end
of subparagraph (G); and
(III) by adding after subparagraph
(G) the following new subparagraph:
``(H) subject to subsection (u), with respect to
home health case manager services (as defined in
section 1861(uu)(3), the amount determined under the
fee schedule established under section 1834(m);'', and
(ii) by adding at the end the following new
subsection:
``(u)(1) Payment may be made under this title for home health case
manager services in the case of an individual only--
``(A) for the initial development of the home health case
management plan for the individual, and
``(B) for the subsequent review and modification of such
plan, as provided by the Secretary in regulations.''.
(3) Establishment of Fee Schedule.--Section 1834 of such
Act (42 U.S.C. 1395m) is amended by adding at the end the
following new section:
``(m) Establishment of Fee Schedule for Home Health Case Manager
Services.--
``(1) In general.--The Secretary shall establish a fee
schedule for payment for home health case manager services.
Such schedule may provide for rates that differ for such
services that comprise the establishment of a home health case
management plan and that comprise review and modification of
such a plan.
``(2) Considerations.--In establishing such fee schedule,
the Secretary shall consider appropriate regional and
operational differences and adjustments to payment rates to
account for inflation and other relevant factors.
``(3) Consultation.--In establishing the fee schedule for
home health case manager services under this subsection, the
Secretary shall consult with appropriate organizations
representing individuals and entities who furnish referral
services for home health services and share with such
organizations relevant data in establishing such schedule.''.
(c) Effective Dates.--
(1) Requirement of case management plan.--The amendment
made by subsection (a)(1) applies with respect to home health
services furnished on or after October 1, 2000.
(2) Payment for case manager services.--The amendments made
by subsection (b) apply to home health case manager services
furnished on or after 6 months before the effective date
specified in paragraph (1).
SEC. 3. REPORT TO CONGRESS ON FEASIBILITY OF CASE MANAGERS WITH RESPECT
TO OTHER MEDICARE SERVICES.
(a) Study.--The Secretary of Health and Human Services shall
conduct a study of the types of services consisting of post-acute
hospital care furnished under the Medicare program under title XVIII of
the Social Security Act to determine whether use of case managers and
case management plans similar to home health case managers (as defined
in section 1861(uu)(1)) and home health case management plans (as
defined in section 1861(uu)(2)) is feasible and appropriate for each
such type of service. In conducting the study, the Secretary shall also
determine whether such case managers and case management plans may
improve quality of care and patient outcomes under the medicare
program, may result in cost savings to the program, and may reduce
incidents of waste, fraud and abuse against the program.
(b) Report.--Not later than January 1, 2001, the Secretary shall
submit to Congress a report containing the determinations made pursuant
to the study conducted under subsection (a) and any recommendations for
legislative and administrative action the Secretary deems appropriate. | Medicare Home Health Case Manager Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act with regard to home health services to: (1) require a case management plan established by a home health case manager for beneficiaries requiring extended home health services; and (2) provide for coverage of and payment for home health case manager services under Medicare part A (Hospital Insurance) and B (Supplementary Medical Insurance).
Directs the Secretary of Health and Human Services to: (1) establish a fee schedule for payment for home health case manager services; and (2) study and report to the Congress on the feasibility of case managers with respect to Medicare post-acute hospital care services. | Medicare Home Health Case Manager Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Corps 230th Anniversary
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) November 10, 2005, marks the 230th anniversary of the
United States Marine Corps;
(2) the United States Marine Corps has, over the course of its
illustrious 230-year history, fought gallantly in defense of the
United States;
(3) the United States Marine Corps has, over the course of its
storied history, established itself as the Nation's military leader
in amphibious warfare, and will continue in that role as the United
States faces the challenges of the 21st Century;
(4) the United States Marine Corps continues to exemplify the
warrior ethos that has made it a fighting force of international
repute;
(5) all Americans should commemorate the legacy of the United
States Marine Corps so that the values embodied in the ``Corps''
are recognized for the significant contribution they have made in
protecting the United States against its enemies;
(6) in 2001, the Congress authorized the construction of the
Marine Corps Heritage Center, the purpose of which is to provide a
multipurpose facility to be used for historical displays for the
public viewing, curation, and storage of artifacts, research
facilities, classrooms, offices, and associated activities,
consistent with the mission of the Marine Corps;
(7) the Marine Corps Heritage Center is scheduled to open on
November 10, 2005;
(8) the United States should pay tribute to the 230th
anniversary of the United States Marine Corps by minting and
issuing a commemorative silver dollar coin; and
(9) the surcharge proceeds from the sale of a commemorative
coin, which would have no net costs to the taxpayers, would raise
valuable funding for the construction of the Marine Corps Heritage
Center.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the warrior ethos of the United States
Marine Corps.
(2) Designation and inscriptions.--On each coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2005''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Marine Corps Historical Division and the Commission of Fine Arts;
and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2005.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of coins
issued under this Act at a reasonable discount.
(d) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) should be at a reasonable discount.
(e) Limitation.--Notwithstanding subsection (b), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 7. DISTRIBUTION OF SURCHARGES.
(a) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Marine Corps Heritage Foundation for the purposes of construction
of the Marine Corps Heritage Center, as authorized by section 1 of
Public Law 106-398 (114 Stat. 1654).
(b) Audit.--The Marine Corps Heritage Foundation shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received under subsection (a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Marine Corps 230th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins emblematic of the warrior ethos of the United States Marine Corps.
Requires: (1) all coin sales to include a surcharge of $10 per coin; and (2) all surcharges to be paid to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center.
Prohibits such surcharge with respect to the issuance of any coin during a calendar year if the issuance would result in the number of commemorative coin programs issued during such year to exceed the annual two commemorative coin program issuance limitation. Authorizes the Secretary of the Treasury to issue guidance to implement this limitation. | To require the Secretary of the Treasury to mint coins in commemoration of the 230th Anniversary of the United States Marine Corps, and to support construction of the Marine Corps Heritage Center. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers' Bill of
Rights Act of 1995''.
SEC. 2. RIGHTS OF LAW ENFORCEMENT OFFICERS.
(a) In General.--Part H of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3781 et seq.) is amended by adding
at the end the following new section:
``rights of law enforcement officers
``Sec. 819. (a) Definitions.--In this section--
`` `disciplinary action' means the suspension, demotion,
reduction in pay or other employment benefit, dismissal,
transfer, or similar action taken against a law enforcement
officer as punishment for misconduct.
`` `disciplinary hearing' means an administrative hearing
initiated by a law enforcement agency against a law enforcement
officer, based on probable cause to believe that the officer
has violated or is violating a rule, regulation, or procedure
related to service as an officer and is subject to disciplinary
action.
`` `emergency suspension' means temporary action imposed by
the head of the law enforcement agency when that official
determines that there is probable cause to believe that a law
enforcement officer--
``(A) has committed a felony; or
``(B) poses an immediate threat to the safety of
the officer or others or the property of others.
```investigation'--
``(A) means the action of a law enforcement agency,
acting alone or in cooperation with another agency, or
a division or unit within an agency, or the action of
an individual law enforcement officer, taken with
regard to another enforcement officer, if such action
is based on reasonable suspicion that the law
enforcement officer has violated, is violating, or will
in the future violate a statute or ordinance, or
administrative rule, regulation, or procedure relating
to service as a law enforcement officer; and
``(B) includes--
``(i) asking questions of other law
enforcement officers or nonlaw enforcement
officers;
``(ii) conducting observations;
``(iii) evaluating reports, records, or
other documents; and
``(iv) examining physical evidence.
`` `law enforcement agency' means a State or local public
agency charged by law with the duty to prevent or investigate
crimes or apprehend or hold in custody persons charged with or
convicted of crimes.
```law enforcement officer' and `officer'--
``(A) mean a member of a law enforcement agency
serving in a law enforcement position, which is usually
indicated by formal training (regardless of whether the
officer has completed or been assigned to such
training) and usually accompanied by the power to make
arrests; and
``(B) include--
``(i) a member who serves full time,
whether probationary or nonprobationary,
commissioned or noncommissioned, career or
noncareer, tenured or nontenured, and merit or
nonmerit; and
``(ii) the chief law enforcement officer of
a law enforcement agency.
```summary punishment' means punishment imposed for a minor
violation of a law enforcement agency's rules and regulations
that does not result in suspension, demotion, reduction in pay
or other employment benefit, dismissal, or transfer.
``(b) Application of Section.--
``(1) In general.--This section sets forth rights that
shall be afforded a law enforcement officer who is the subject
of an investigation.
``(2) Nonapplicability.--This section does not apply in the
case of--
``(A) a criminal investigation of a law enforcement
officer's conduct; or
``(B) a nondisciplinary action taken in good faith
on the basis of a law enforcement officer's employment
related performance.
``(c) Political Activity.--Except when on duty or acting in an
official capacity, no law enforcement officer shall be prohibited from
engaging in political activity or be denied the right to refrain from
engaging in such activity.
``(d) Rights of Law Enforcement Officers While Under
Investigation.--When a law enforcement officer is under investigation
that could lead to disciplinary action, the following minimum standards
shall apply:
``(1) Notice of investigation.--A law enforcement officer
shall be notified of the investigation prior to being
interviewed. Notice shall include the general nature and scope
of the investigation and all departmental violations for which
reasonable suspicion exists. No investigation based on a
complaint from outside the law enforcement agency may commence
unless the complainant provides a signed detailed statement. An
investigation based on a complaint from outside the agency
shall commence within 15 days after receipt of the complaint by
the agency.
``(2) Notice of proposed findings and recommendation.--At
the conclusion of the investigation, the person in charge of
the investigation shall inform the law enforcement officer
under investigation, in writing, of the investigative findings
and any recommendation for disciplinary action that the person
intends to make.
``(e) Rights of Law Enforcement Officers Prior to and During
Questioning.--When a law enforcement officer is subjected to
questioning that could lead to disciplinary action, the following
minimum standards shall apply:
``(1) Reasonable hours.--Questioning of a law enforcement
officer shall be conducted at a reasonable hour, preferably
when the law enforcement officer is on duty, unless exigent
circumstances otherwise require.
``(2) Place of questioning.--Questioning of the law
enforcement officer shall take place at the offices of the
persons who are conducting the investigation or the place where
the law enforcement officer reports for duty, unless the
officer consents in writing to being questioned elsewhere.
``(3) Identification of questioner.--The law enforcement
officer under investigation shall be informed, at the
commencement of any questioning, of the name, rank, and command
of the officer conducting the questioning.
``(4) Single questioner.--During any single period of
questioning of the law enforcement officer, all questions shall
be asked by or through a single investigator.
``(5) Notice of nature of investigation.--The law
enforcement officer under investigation shall be informed in
writing of the nature of the investigation prior to any
questioning.
``(6) Reasonable time period.--Any questioning of a law
enforcement officer in connection with an investigation shall
be for a reasonable period of time and shall allow for
reasonable periods for the rest and personal necessities of the
law enforcement officer.
``(7) No threats or promises.--Threats against, harassment
of, or promise of reward shall not be made in connection with
an investigation to induce the answering of any question. No
statement given by the officer may be used in a subsequent
criminal proceeding unless the officer has received a written
grant of use and derivative use immunity or transactional
immunity.
``(8) Recordation.--All questioning of any law enforcement
officer in connection with the investigation shall be recorded
in full, in writing or by electronic device, and a copy of the
transcript shall be made available to the officer under
investigation.
``(9) Counsel.--The law enforcement officer under
investigation shall be entitled to counsel (or any other one
person of the officer's choice) at any questioning of the
officer, unless the officer consents in writing to being
questioned outside the presence of counsel.
``(f) Disciplinary Hearing.--
``(1) Notice of opportunity for hearing.--Except in a case
of summary punishment or emergency suspension described in
subsection (h), if an investigation of a law enforcement
officer results in a recommendation of disciplinary action, the
law enforcement agency shall notify the law enforcement officer
that the law enforcement officer is entitled to a hearing on
the issues by a hearing officer or board prior to the
imposition of any disciplinary action.
``(2) Requirement of determination of violation.--No
disciplinary action may be taken unless a hearing officer or
board determines, pursuant to a fairly conducted disciplinary
hearing, that the law enforcement officer violated a statute,
ordinance, or published administrative rule, regulation, or
procedure.
``(3) Time limit.--No disciplinary charges may be brought
against a law enforcement officer unless filed within 90 days
after the commencement of an investigation, except for good
cause shown.
``(4) Notice of filing of charges.--The law enforcement
agency shall provide written, actual notification to the law
enforcement officer, not later than 30 days after the filing of
disciplinary charges, of the following:
``(A) The date, time, and location of the
disciplinary hearing, which shall take place not sooner
than 30 days and not later than 60 days after
notification to the law enforcement officer under
investigation unless waived in writing by the officer.
``(B) The name and mailing address of the hearing
officer.
``(C) The name, rank, and command of the
prosecutor, if a law enforcement officer, or the name,
position, and mailing address of the prosecutor, if not
a law enforcement officer.
``(5) Representation.--During a disciplinary hearing an
officer shall be entitled to be represented by counsel or
nonattorney representative.
``(6) Hearing board and procedure.--(A) A State shall
determine the composition of a disciplinary hearing board and
the procedures for a disciplinary hearing.
``(B) A disciplinary hearing board that includes employees
of the law enforcement agency of which the officer who is the
subject of the hearing is a member shall include at least 1 law
enforcement officer of equal or lesser rank to the officer who
is the subject of the hearing.
``(7) Access to evidence.--A law enforcement officer who is
brought before a disciplinary hearing board shall be provided
access to all transcripts, records, written statements, written
reports, analyses, and electronically recorded information
pertinent to the case that--
``(A) contain exculpatory information;
``(B) are intended to support any disciplinary
action; or
``(C) are to be introduced in the disciplinary
hearing.
``(8) Identification of witnesses.--The disciplinary
advocate for the law enforcement agency of which the officer
who is the subject of the hearing is a member shall notify the
law enforcement officer, or his attorney if he is represented
by counsel, not later than 15 days prior to the hearing, of the
name and addresses of all witnesses for the law enforcement
agency.
``(9) Copy of investigative file.--The disciplinary
advocate for the law enforcement agency of which the officer
who is the subject of the hearing is a member shall provide to
the law enforcement officer, at the law enforcement officer's
request, not later than 15 days prior to the hearing, a copy of
the investigative file, including all exculpatory and
inculpatory information but excluding confidential sources.
``(10) Examination of physical evidence.--The disciplinary
advocate for the law enforcement agency of which the officer
who is the subject of the hearing is a member shall notify the
law enforcement officer, at the officer's request, not later
than 15 days prior to the hearing, of all physical,
nondocumentary evidence, and provide reasonable date, time,
place, and manner for the officer to examine such evidence at
least 10 days prior to the hearing.
``(11) Summonses.--The hearing board shall have the power
to issue summonses to compel testimony of witnesses and
production of documentary evidence. If confronted with a
failure to comply with a summons, the hearing officer or board
may petition a court to issue an order, with failure to comply
being subject to contempt of court.
``(12) Closed hearing.--A disciplinary hearing shall be
closed to the public unless the law enforcement officer who is
the subject of the hearing requests, in writing, that the
hearing be open to specified individuals or the general public.
``(13) Recordation.--All aspects of a disciplinary hearing,
including prehearing motions, shall be recorded by audio tape,
video tape, or transcription.
``(14) Sequestration of witnesses.--Either side in a
disciplinary hearing may move for and be entitled to
sequestration of witnesses.
``(15) Testimony under oath.--The hearing officer or board
shall administer an oath or affirmation to each witness, who
shall testify subject to the applicable laws of perjury.
``(16) Verdict on each charge.--At the conclusion of all
the evidence, and after oral argument from both sides, the
hearing officer or board shall deliberate and render a verdict
on each charge.
``(17) Burden of persuasion.--The prosecutor's burden of
persuasion shall be by clear and convincing evidence as to each
charge involving false representation, fraud, dishonesty,
deceit, or criminal behavior and by a preponderance of the
evidence as to all other charges.
``(18) Finding of not guilty.--If the law enforcement
officer is found not guilty of the disciplinary violations, the
matter is concluded and no disciplinary action may be taken.
``(19) Finding of guilty.--If the law enforcement officer
is found guilty, the hearing officer or board shall make a
written recommendation of a penalty. The sentencing authority
may not impose greater than the penalty recommended by the
hearing officer or board.
``(20) Appeal.--A law enforcement officer may appeal from a
final decision of a law enforcement agency to a court to the
extent available in any other administrative proceeding, in
accordance with the applicable State law.
``(g) Waiver of Rights.--A law enforcement officer may waive any of
the rights guaranteed by this section subsequent to the time that the
officer has been notified that the officer is under investigation. Such
a waiver shall be in writing and signed by the officer.
``(h) Summary Punishment and Emergency Suspension.--
``(1) In general.--This section does not preclude a State
from providing for summary punishment or emergency suspension.
``(2) Health benefits.--An emergency suspension shall not
affect or infringe on the health benefits of a law enforcement
officer or the officer's dependents.
``(i) Retaliation for Exercising Rights.--There shall be no penalty
or threat of penalty against a law enforcement officer for the exercise
of the officer's rights under this section.
``(j) Other Remedies Not Impaired.--Nothing in this section shall
be construed to impair any other legal right or remedy that a law
enforcement officer may have as a result of a constitution, statute,
ordinance, regulation, collective bargaining agreement or other sources
of rights.
``(k) Declaratory or Injunctive Relief.--A law enforcement officer
who is being denied any right afforded by this section may petition a
State court for declaratory or injunctive relief to prohibit the law
enforcement agency from violating such right.
``(l) Prohibition of Adverse Material in Officer's File.--A law
enforcement agency shall not insert any adverse material into the file
of any law enforcement officer, or possess or maintain control over any
adverse material in any form within the law enforcement agency, unless
the officer has had an opportunity to review and comment in writing on
the adverse material.
``(m) Disclosure of Personal Assets.--A law enforcement officer
shall not be required or requested to disclose any item of the
officer's personal property, income, assets, sources of income, debts,
personal or domestic expenditures (including those of any member of the
officer's household), unless--
``(1) the information is necessary to the investigation of
a violation of any Federal, State or local law, rule, or
regulation with respect to the performance of official duties;
and
``(2) such disclosure is required by Federal, State, or
local law.
``(n) States' Rights.--This section does not preempt State laws in
effect on the date of enactment of this Act that confer rights that
equal or exceed the rights and coverage afforded by this section. This
section shall not be a bar to the enactment of a police officer's bill
of rights, or similar legislation, by any State. A State law which
confers fewer rights or provides less protection than this section
shall be preempted by this section.
``(o) Mutually Agreed Upon Collective Bargaining Agreements.--This
section does not preempt existing mutually agreed upon collective
bargaining agreements in effect on the date of enactment of this Act
that are substantially similar to the rights and coverage afforded
under this section.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. preceding
3701) is amended by inserting after the item relating to section 818
the following new item:
``Sec. 819. Rights of law enforcement officers.''. | Law Enforcement Officers' Bill of Rights Act of 1995 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity.
Sets forth minimum standards that apply when an officer is under investigation that could lead to disciplinary action, including, with respect to: (1) rights of officers while under investigation, the right to be notified of the investigation prior to being interviewed and, at the conclusion of the investigation, to be informed in writing of the investigative findings and any recommendation for disciplinary action; (2) rights of officers prior to and during questioning, that the questioning be conducted at a reasonable hour at the offices of the persons conducting the investigation or at the place where the officer reports for duty (unless the officer consents in writing to being questioned elsewhere), that the officer be informed of the questioner's identity, that all questions be asked by or through a single investigator, that the officer be informed in writing of the nature of the investigation prior to any questioning, that the questioning be for a reasonable time period, that no threats or promises be made in connection with an investigation to induce the answering of any question, that all questioning be recorded in full (and a copy of the transcript made available to the officer), and that the officer be entitled to counsel (or another person of the officer's choice) at any questioning (unless the officer consents in writing to being questioned outside the presence of counsel); and (3) the conduct of a disciplinary hearing, notice of opportunity for a hearing, requirement of determination of a violation, time limits, notice of filing of charges, representation, provision of a hearing board and procedure, access to evidence, identification of witnesses, a copy of the investigative file, examination of physical evidence, summonses, closed hearings, recordation, sequestration of witnesses, testimony under oath, verdicts on each charge, the burden of persuasion, findings of not guilty or guilty, and appeals.
Allows an officer to waive any of the rights guaranteed by this Act subsequent to the time that the officer has been notified that he or she is under investigation. Specifies that such a waiver shall be in writing and signed by the officer.
Sets forth provisions regarding: (1) summary punishment and emergency suspension; (2) retaliation for exercising rights; (3) other remedies; (4) declaratory or injunctive relief; (5) prohibition of adverse material in the officer's file (unless the officer has an opportunity to review and comment in writing on such material); (6) disclosure of personal assets; (7) States' rights; and (8) mutually agreed upon collective bargaining agreements. | Law Enforcement Officers' Bill of Rights Act of 1995 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The aerospace industry generates nearly 15 percent of
the gross domestic product of the United States, supports
approximately 11,000,000 jobs in the United States, and leads
the United States economy in net exports.
(2) The aerospace industry contributes directly to the
economic and national security of the United States through
military, space, air transport, and information technology
applications.
(3) A skilled and educated workforce represents the most
valuable asset of the United States economy.
(4) Total employment in the aerospace industry stands at
its lowest point in 50 years.
(5) 27 percent of the aerospace manufacturing workforce
will become eligible for retirement by 2008.
(6) Students in the United States rank near the bottom of
the leading industrialized countries of the world in
mathematics and science test performance.
(7) To ensure the security of high-skilled jobs and the
global competitiveness of the domestic aerospace industry, the
United States requires coordinated Federal Government policies
to sustain and expand the science, mathematics, engineering,
and manufacturing workforce.
SEC. 2. INTERAGENCY AEROSPACE REVITALIZATION TASK FORCE.
(a) Establishment.--There is established a task force to be known
as the ``Interagency Aerospace Revitalization Task Force'' (in this
section referred to as the ``Task Force'').
(b) Duties.--The Task Force shall develop a national strategy for
aerospace workforce development, including strategies for--
(1) maximizing cooperation among departments and agencies
of the Federal Government and the use of resources of the
Federal Government in fulfilling demand for a skilled workforce
across all vocational classifications;
(2) developing integrated Federal Government policies to
promote and monitor public and private sector programs for
science, engineering, technology, mathematics, and skilled
trades education and training; and
(3) establishing partnerships with industry, organized
labor, academia, and State and local governments to--
(A) collect and disseminate information on
occupational requirements and projected employment
openings; and
(B) coordinate appropriate agency resources,
including grants, loans, and scholarships, for the
advancement of workforce education, training, and
certification programs.
(c) Membership.--
(1) Number and appointment.--The Task Force shall be
composed of 9 members who shall be appointed as follows:
(A) One member shall be the Assistant Secretary of
Labor for Employment and Training.
(B) One member shall be a representative of the
Department of Commerce and shall be appointed by the
Secretary of Commerce.
(C) One member shall be a representative of the
Department of Defense and shall be appointed by the
Secretary of Defense.
(D) One member shall be a representative of the
Department of Education and shall be appointed by the
Secretary of Education.
(E) One member shall be a representative of the
Department of Transportation and shall be appointed by
the Secretary of Transportation.
(F) One member shall be a representative of the
Department of Energy and shall be appointed by the
Secretary of Energy.
(G) One member shall be a representative of the
National Aeronautics and Space Administration (NASA)
and shall be appointed by the Administrator of NASA.
(H) One member shall be a representative of the
National Science Foundation (NSF) and shall be
appointed by the Director of the NSF.
(I) One member shall be appointed by the President.
(2) Chairperson.--The Assistant Secretary of Labor for
Employment and Training shall serve as the chairperson of the
Task Force.
(3) Deadline for appointment.--Each member shall be
appointed to the Task Force not later than 90 days after the
date of the enactment of this Act.
(4) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(5) Prohibition of compensation.--Members of the Task Force
may not receive pay, allowances, or benefits by reason of their
service on the Task Force.
(d) Meetings.--
(1) In general.--The Task Force shall meet at the call of
the Chairperson.
(2) Frequency.--The Task Force shall meet not less than two
times each year.
(3) Quorum.--5 members of the Task Force shall constitute a
quorum.
(e) Annual Reports.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for four years, the Task
Force shall submit to Congress, and make available to the public, a
report containing the findings, recommendations, policies, and
initiatives developed pursuant to the duties of the Task Force under
subsection (b).
(f) Termination.--The Commission shall terminate on the date of the
submission of the final report under subsection (e). | Establishes the Interagency Aerospace Revitalization Task Force to develop a national strategy for aerospace workforce development.
Directs the Task Force to develop: (1) cooperation among Federal agencies to provide a skilled workforce; (2) integrated Federal policies to promote and monitor public and private sector education and training programs for science, engineering, technology, mathematics, and skilled trades; and (3) partnerships with industry, organized labor, academia, and State and local governments for occupational information and for workforce education, training, and certification resources, including grants, loans, and scholarships. | To establish an interagency aerospace revitalization task force to develop a national strategy for aerospace workforce cultivation, training, and recruitment. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medical Justice
Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Cap on non-economic damages against health care practitioners.
Sec. 3. Cap on non-economic damages against health care institutions.
Sec. 4. Cap, in wrongful death cases, on total damages against any
single health care practitioner.
Sec. 5. Limitation of insurer liability when insurer rejects certain
settlement offers.
Sec. 6. Mandatory jury instruction on cap on damages.
Sec. 7. Determination of negligence; mandatory jury instruction.
Sec. 8. Expert reports required to be served in civil actions.
Sec. 9. Expert opinions relating to physicians may be provided only by
actively practicing physicians.
Sec. 10. Payment of future damages on periodic or accrual basis.
Sec. 11. Unanimous jury required for punitive or exemplary damages.
Sec. 12. Proportionate liability.
Sec. 13. Defense-initiated settlement process.
Sec. 14. Statute of limitations; statute of repose.
Sec. 15. Limitation on liability for Good Samaritans providing
emergency health care.
Sec. 16. Definitions.
SEC. 2. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE PRACTITIONERS.
When an individual is injured or dies as the result of health care,
a person entitled to non-economic damages may not recover, from the
class of liable health care practitioners (regardless of the theory of
liability), more $250,000 such damages.
SEC. 3. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE INSTITUTIONS.
When an individual is injured or dies as the result of health care,
a person entitled to non-economic damages may not recover--
(1) from any single liable health care institution
(regardless of the theory of liability), more than $250,000
such damages; and
(2) from the class of liable health care institutions
(regardless of the theory of liability), more than $500,000
such damages.
SEC. 4. CAP, IN WRONGFUL DEATH CASES, ON TOTAL DAMAGES AGAINST ANY
SINGLE HEALTH CARE PRACTITIONER.
(a) In General.--When an individual dies as the result of health
care, a person entitled to damages may not recover, from any single
liable health care practitioner (regardless of the theory of
liability), more than $1,400,000 in total damages.
(b) Total Damages Defined.--In this section, the term ``total
damages'' includes compensatory damages, punitive damages, statutory
damages, and any other type of damages.
(c) Adjustment for Inflation.--For each calendar year after the
calendar year of the enactment of this Act, the dollar amount referred
to in subsection (a) shall be adjusted to reflect changes in the
Consumer Price Index of the Bureau of Labor Statistics of the
Department of Labor. The adjustment shall be based on the relationship
between--
(1) the Consumer Price Index data most recently published
as of January 1 of the calendar year of the enactment of this
Act; and
(2) the Consumer Price Index data most recently published
as of January 1 of the calendar year concerned.
(d) Applicability of Adjustment.--The dollar amount that applies to
a recovery is the dollar amount for the calendar year during which the
amount of the recovery is made final.
SEC. 5. LIMITATION OF INSURER LIABILITY WHEN INSURER REJECTS CERTAIN
SETTLEMENT OFFERS.
In a civil action, to the extent the civil action seeks damages for
the injury or death of an individual as the result of health care, when
the insurer of a health care practitioner or health care institution
rejects a reasonable settlement offer within policy limits, the insurer
is not, by reason of that rejection, liable for damages in an amount
that exceeds the liability of the insured.
SEC. 6. MANDATORY JURY INSTRUCTION ON CAP ON DAMAGES.
In a civil action tried to a jury, to the extent the civil action
seeks damages for the injury or death of an individual as the result of
health care, the court shall instruct the jury that the jury is not to
consider whether, or to what extent, a limitation on damages applies.
SEC. 7. DETERMINATION OF NEGLIGENCE; MANDATORY JURY INSTRUCTION.
(a) In General.--When an individual is injured or dies as the
result of health care, liability for negligence may not be based solely
on a bad result.
(b) Mandatory Jury Instruction.--In a civil action tried to a jury,
to the extent the civil action seeks damages for the injury or death of
an individual as the result of health care and alleges liability for
negligence, the court shall instruct the jury as provided in subsection
(a).
SEC. 8. EXPERT REPORTS REQUIRED TO BE SERVED IN CIVIL ACTIONS.
(a) Service Required.--To the extent a pleading filed in a civil
action seeks damages against a health care practitioner for the injury
or death of an individual as the result of health care, the party
filing the pleading shall, not later than 120 days after the date on
which the pleading was filed, serve on each party against whom such
damages are sought a qualified expert report.
(b) Qualified Expert Report.--As used in subsection (a), a
qualified expert report is a written report of a qualified health care
expert that--
(1) includes a curriculum vitae for that expert; and
(2) sets forth a summary of the expert opinion of that
expert as to--
(A) the standard of care applicable to that
practitioner;
(B) how that practitioner failed to meet that
standard of care; and
(C) the causal relationship between that failure
and the injury or death of the individual.
(c) Motion To Enforce.--A party not served as required by
subsection (a) may move the court to enforce that subsection. On such a
motion, the court--
(1) shall dismiss, with prejudice, the pleading as it
relates to that party; and
(2) shall award to that party the attorney fees reasonably
incurred by that party to respond to that pleading.
(d) Use of Expert Report.--
(1) In general.--Except as otherwise provided in this
section, a qualified expert report served under subsection (a)
may not, in that civil action--
(A) be offered by any party as evidence;
(B) be used by any party in discovery or any other
pretrial proceeding; or
(C) be referred to by any party at trial.
(2) Violations.--
(A) By other party.--If paragraph (1) is violated
by a party other than the party who served the report,
the court shall, on motion of any party or on its own
motion, take such measures as the court considers
appropriate, which may include the imposition of
sanctions.
(B) By serving party.--If paragraph (1) is violated
by the party who served the report, paragraph (1) shall
no longer apply to any party.
SEC. 9. EXPERT OPINIONS RELATING TO PHYSICIANS MAY BE PROVIDED ONLY BY
ACTIVELY PRACTICING PHYSICIANS.
(a) In General.--A physician-related opinion may be provided only
by an actively practicing physician who is determined by the court to
be qualified on the basis of training and experience to render that
opinion.
(b) Considerations Required.--In determining whether an actively
practicing physician is qualified under subsection (a), the court
shall, except on good cause shown, consider whether that physician is
board-certified, or has other substantial training, in an area of
medical practice relevant to the health care to which the opinion
relates.
(c) Definitions.--In this section:
(1) The term ``actively practicing physician'' means an
individual who--
(A) is licensed to practice medicine in the United
States or, if the individual is a defendant providing a
physician-related opinion with respect to the health
care provided by that defendant, is a graduate of a
medical school accredited by the Liaison Committee on
Medical Education or the American Osteopathic
Association;
(B) is practicing medicine when the opinion is
rendered, or was practicing medicine when the health
care was provided; and
(C) has knowledge of the accepted standards of care
for the health care to which the opinion relates.
(2) The term ``physician-related opinion'' means an expert
opinion as to any one or more of the following:
(A) The standard of care applicable to a physician.
(B) Whether a physician failed to meet such a
standard of care.
(C) Whether there was a causal relationship between
such a failure by a physician and the injury or death
of an individual.
(3) The term ``practicing medicine'' includes training
residents or students at an accredited school of medicine or
osteopathy, and serving as a consulting physician to other
physicians who provide direct patient care.
SEC. 10. PAYMENT OF FUTURE DAMAGES ON PERIODIC OR ACCRUAL BASIS.
(a) In General.--When future damages are awarded against a health
care practitioner to a person for the injury or death of an individual
as a result of health care, and the present value of those future
damages is $100,000 or more, that health care practitioner may move
that the court order payment on a periodic or accrual basis of those
damages. On such a motion, the court--
(1) shall order that payment be made on an accrual basis of
future damages described in subsection (b)(1); and
(2) may order that payment be made on a periodic or accrual
basis of any other future damages that the court considers
appropriate.
(b) Future Damages Defined.--In this section, the term ``future
damages'' means--
(1) the future costs of medical, health care, or custodial
services;
(2) noneconomic damages, such as pain and suffering or loss
of consortium;
(3) loss of future earnings; and
(4) any other damages incurred after the award is made.
SEC. 11. UNANIMOUS JURY REQUIRED FOR PUNITIVE OR EXEMPLARY DAMAGES.
When an individual is injured or dies as the result of health care,
a jury may not award punitive or exemplary damages against a health
care practitioner or health care institution unless the jury is
unanimous with regard to both the liability of that party for such
damages and the amount of the award of such damages.
SEC. 12. PROPORTIONATE LIABILITY.
When an individual is injured or dies as the result of health care
and a person is entitled to damages for that injury or death, each
person responsible is liable only for a proportionate share of the
total damages that directly corresponds to that person's proportionate
share of the total responsibility.
SEC. 13. DEFENSE-INITIATED SETTLEMENT PROCESS.
(a) In General.--In a civil action, to the extent the civil action
seeks damages for the injury or death of an individual as the result of
health care, a health care practitioner or health care institution
against which such damages are sought may serve one or more qualified
settlement offers under this section to a person seeking such damages.
If the person seeking such damages does not accept such an offer, that
person may thereafter serve one or more qualified settlement offers
under this section to the party whose offer was not accepted.
(b) Qualified Settlement Offer.--A qualified settlement offer under
this section is an offer, in writing, to settle the matter as between
the offeror and the offeree, which--
(1) specifies that it is made under this section;
(2) states the terms of settlement; and
(3) states the deadline within which the offer must be
accepted.
(c) Effect of Offer.--If the offeree of a qualified settlement
offer does not accept that offer, and thereafter receives a judgment at
trial that, as between the offeror and the offeree, is significantly
less favorable than the terms of settlement in that offer, that offeree
is responsible for those litigation costs reasonably incurred, after
the deadline stated in the offer, by the offeror to respond to the
claims of the offeree.
(d) Litigation Costs Defined.--In this section, the term
``litigation costs'' include court costs, filing fees, expert witness
fees, attorney fees, and any other costs directly related to carrying
out the litigation.
(e) Significantly Less Favorable Defined.--For purposes of this
section, a judgment is significantly less favorable than the terms of
settlement if--
(1) in the case of an offeree seeking damages, the
offeree's award at trial is less than 80 percent of the value
of the terms of settlement; and
(2) in the case of an offeree against whom damages are
sought, the offeror's award at trial is more than 120 percent
of the value of the terms of settlement.
SEC. 14. STATUTE OF LIMITATIONS; STATUTE OF REPOSE.
(a) Statute of Limitations.--When an individual is injured or dies
as the result of health care, the statute of limitations shall be as
follows:
(1) Individuals of age 12 and over.--If the individual has
attained the age of 12 years, the claim must be brought
either--
(A) within 2 years after the negligence occurred;
or
(B) within 2 years after the health care on which
the claim is based is completed.
(2) Individuals under age 12.--If the individual has not
attained the age of 12 years, the claim must be brought before
the individual attains the age of 14 years.
(b) Statute of Repose.--When an individual is injured or dies as
the result of health care, the statute of repose shall be as follows:
The claim must be brought within 10 years after the act or omission on
which the claim is based is completed.
(c) Tolling.--
(1) Statute of limitations.--The statute of limitations
required by subsection (a) may be tolled if applicable law so
provides, except that it may not be tolled on the basis of
minority.
(2) Statute of repose.--The statute of repose required by
subsection (b) may not be tolled for any reason.
SEC. 15. LIMITATION ON LIABILITY FOR GOOD SAMARITANS PROVIDING
EMERGENCY HEALTH CARE.
(a) Willful or Wanton Negligence Required.--A health care
practitioner or health care institution that provides emergency health
care on a Good Samaritan basis is not liable for damages caused by that
care except for willful or wanton negligence or more culpable
misconduct.
(b) Good Samaritan Basis.--For purposes of this section, care is
provided on a Good Samaritan basis if it is not provided for or in
expectation of remuneration. Being entitled to remuneration is relevant
to, but is not determinative of, whether it is provided for or in
expectation of remuneration.
SEC. 16. DEFINITIONS.
In this Act:
(1) Health care institution.--The term ``health care
institution'' includes institutions such as--
(A) an ambulatory surgical center;
(B) an assisted living facility;
(C) an emergency medical services provider;
(D) a home health agency;
(E) a hospice;
(F) a hospital;
(G) a hospital system;
(H) an intermediate care facility for the mentally
retarded;
(I) a nursing home; and
(J) an end stage renal disease facility.
(2) Health care practitioner.--The term ``health care
practitioner'' includes a physician and a physician entity.
(3) Physician entity.--The term ``physician entity''
includes--
(A) a partnership or limited liability partnership
created by a group of physicians;
(B) a company created by physicians; and
(C) a nonprofit health corporation whose board is
composed of physicians. | Medical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the result of health care.
Limits the non-economic damages that an individual may recover to: (1) $250,000 from health care practitioners; (2) $250,000 from any single health care institution; and (3) $500,000 from the class of liable health care institutions.
Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to $1,400,000.
Provides that an insurer of a health care practitioner or health care institution is not liable for damages in excess of the liability of the insured for rejecting a reasonable settlement offer within policy limits.
Sets forth requirements for qualified expert reports.
Allows periodic or accrual payment for future damages.
Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous.
Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility.
Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer.
Requires claims to be brought: (1) within two years after the act or omission if the affected individual is over the age of 12; or (2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission.
Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct. | To provide health care liability reform, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Worker Dislocation Act''.
SEC. 2. RETRAINING.
(a) In General.--Section 325(a) of the Job Training Partnership Act
(29 U.S.C. 1662d(a)) is amended--
(1) in the first sentence, by striking ``From the'' and
inserting ``(1) From the'';
(2) by inserting after the first sentence the following:
``The Secretary may make the grants in any State in which the
Governor has received a notification regarding a closure,
cancellation, or reduction under section 4201(b) of the Defense
Economic Adjustment, Diversification, Conversion, and
Stabilization Act of 1990, and in which eligible employees have
received notification of warning from their employer regarding
the closure, cancellation, or reduction.''; and
(3) by striking the last sentence and inserting the
following:
``(2) To be eligible to receive a grant, an entity referred to in
paragraph (1) shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require, including the date on which the entity anticipates that
the eligible employees affected will lose employment, and information
relating to the notifications described in paragraph (1).
``(3) The Secretary shall approve or deny the application not later
than the later of--
``(A) 15 days after the date described in paragraph (2); or
``(B) 30 days after submission of the application.''.
(b) Use of Funds.--Section 325 of such Act is amended by striking
subsection (c) and inserting the following new subsection:
``(c)(1) Grants under subsection (a) may be used--
``(A) to provide retraining, as described in section 314(d)
or to update existing skills, with respect to an eligible
employee described in subsection (f)(3)(A); and
``(B) notwithstanding any other provision of this Act, to
pay for the Federal share of providing such retraining with
respect to an employee of eligible defense contractors or
eligible defense subcontractors if--
``(i) the employee is currently involved in defense
work;
``(ii) the retraining is designed to enable
employee to achieve placement and retention in
unsubsidized employment that involves nondefense work
and in which the employee has not previously been
substantially engaged; and
``(iii) the employer certifies that the employee
would have become an eligible employee described in
subsection (f)(3)(A), without the retraining.
``(2) The Federal share of providing the retaining described in
paragraph (1)(B) shall be 75 percent.''.
(c) Administration.--Section 325 of such Act is amended by--
(1) redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d)(1)(A) Not later than 15 days after the approval of an
application of an entity under subsection (a)(3), the Secretary shall
make available to the entity 50 percent of the amount of the grant.
``(B) On submission of the report described in subparagraph (C),
the Secretary shall make available to the entity the remainder of the
grant.
``(C) Each recipient of a grant under this section shall prepare
and submit to the Secretary a report containing such information as the
Secretary may require regarding eligible employees participating in the
program, and the current education skill levels and occupational
abilities of the employees.
``(D) Grants made under this section may be used to reimburse an
entity for funds expended under another provision of this title for the
purposes described in subsection (c).
``(E) Grants made under this section to an entity shall be in
addition to assistance under any other provision of this title, and
shall be made without regard to whether the entity has expended funds
available under such provision.
``(2)(A) For purposes of the requirements of title I, and in
particular of section 141(a), an eligible employee shall be deemed to
be a person who can benefit from, and is most in need of, services
provided under this section.
``(B) Notwithstanding any other provision of this Act, in
prescribing performance standards under section 106 for this section,
the Secretary shall prescribe standards solely based on placement and
retention in unsubsidized employment. Services provided to eligible
employees under this section consistent with individual readjustment
plans shall be presumed to be in compliance with such standards unless
any person demonstrates that the services are not in compliance.''.
(d) Definitions.--Section 325 of such Act is amended by adding at
the end the following new subsection:
``(f) For purposes of this section:
``(1) The term ``eligible defense contractor'' means a
person that is--
``(A) awarded a contract by the Department of
Defense; and
``(B) affected by a notification issued under
section 4201(b) of the Defense Economic Adjustmnent,
Diversification, Conversion, and Stabilization Act of
1990.
``(2) The term ``eligible defense subcontractor'' means a
subcontractor--
``(A) for a person awarded a contract by the
Department of Defense;
``(B) that is affected by such a notification; and
``(C) that is certified by a State agency described
in section 3306(e) of the Internal Revenue Code of
1986.
``(3) The term `eligible employee' means--
``(A) an eligible dislocated worker, including such
a worker of an eligible defense contractor or eligible
defense subcontractor, who has been terminated or laid
off, or has received a notice of termination or layoff,
as a consequence of reductions in expenditures by the
United States for defense or by closures of United
States military facilities, as determined in accordance
with regulations of the Secretary; and
``(B) an employee described in subsection
(c)(1)(B).
``(4) The term `employer' includes an eligible defense
contractor and an eligible defense subcontractor.''. | Defense Worker Dislocation Act - Amends the Job Training Partnership Act (JTPA) to revise eligibility requirements for the Defense Conversion Adjustment Program (program).
Authorizes the Secretary of Labor to make program grants to specified types of eligible entities in any State in which: (1) the Governor has received a notification regarding a closure, cancellation, or reduction under the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990; and (2) eligible employees have received a notification of warning from their employer regarding such closure, cancellation, or reduction.
Allows use of program grant funds for retraining or to update existing skills with respect to an eligible dislocated worker, including an employee of an eligible defense contractor or subcontractor, who has been terminated or laid off, or received notice of termination or layoff, as a consequence of reductions in U.S. expenditures for defense or by closures of U.S. military facilities. Allows program grant funds also to be used to pay for the Federal share (75 percent) of such retraining with respect to an employee of eligible defense contractors or subcontractors if: (1) the employee is currently involved in defense work; (2) the retraining is designed to enable the employee to achieve placement and retention in unsubsidized employment that involves nondefense work and in which the employee has not been previously engaged; and (3) the employer certifies that the employee would have become an eligible dislocated worker without such retraining.
Revises program administration provisions.
Allows program grants to be used to reimburse an entity for funds expended under JTPA provisions for Dislocated Workers.
Provides that program grants shall be: (1) in addition to assistance under any other JTPA Dislocated Worker provision; and (2) made without regard to whether the entity has expended funds available under such other provision.
Deems to be an eligible employee (for purposes of JTPA general requirements) a person who can benefit from, and is most in need of, program services.
Directs the Secretary to prescribe program performance standards solely on the basis of placement and retention in unsubsidized employment (notwithstanding other JTPA provisions for performance standards). | Defense Worker Dislocation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jamestown 400th Commemoration
Commission Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the founding of the colony at Jamestown, Virginia in
1607, the first permanent English colony in the New World, and
the capital of Virginia for 92 years, has major significance in
the history of the United States;
(2) the settlement brought people from throughout the
Atlantic Basin together to form a multicultural society,
including English, other Europeans, Native Americans, and
Africans;
(3) the economic, political, religious, and social
institutions that developed during the first 9 decades of the
existence of Jamestown continue to have profound effects on the
United States, particularly in English common law and language,
cross cultural relationships, and economic structure and
status;
(4) the National Park Service, the Association for the
Preservation of Virginia Antiquities, and the Jamestown-
Yorktown Foundation of the Commonwealth of Virginia
collectively own and operate significant resources related to
the early history of Jamestown; and
(5) in 1996--
(A) the Commonwealth of Virginia designated the
Jamestown-Yorktown Foundation as the State agency
responsible for planning and implementing the
Commonwealth's portion of the commemoration of the
400th anniversary of the founding of the Jamestown
settlement;
(B) the Foundation created the Celebration 2007
Steering Committee, known as the Jamestown 2007
Steering Committee; and
(C) planning for the commemoration began.
(b) Purpose.--The purpose of this Act is to establish the Jamestown
400th Commemoration Commission to--
(1) ensure a suitable national observance of the Jamestown
2007 anniversary by complementing the programs and activities
of the Commonwealth of Virginia;
(2) cooperate with and assist the programs and activities
of the State in observance of the Jamestown 2007 anniversary;
(3) assist in ensuring that Jamestown 2007 observances
provide an excellent visitor experience and beneficial
interaction between visitors and the natural and cultural
resources of the Jamestown sites;
(4) assist in ensuring that the Jamestown 2007 observances
are inclusive and appropriately recognize the experiences of
all people present in 17th century Jamestown;
(5) provide assistance to the development of Jamestown-
related programs and activities;
(6) facilitate international involvement in the Jamestown
2007 observances;
(7) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for the
Jamestown 2007 observances; and
(8) assist in the appropriate development of heritage
tourism and economic benefits to the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 400th anniversary of the founding of the
Jamestown settlement.
(2) Commission.--The term ``Commission'' means the
Jamestown 400th Commemoration Commission established by section
4(a).
(3) Governor.--The term ``Governor'' means the Governor of
Virginia.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the Commonwealth of
Virginia, including agencies and entities of the Commonwealth.
SEC. 4. JAMESTOWN 400TH COMMEMORATION COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Jamestown 400th Commemoration Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 15
members, of whom--
(A) 4 members shall be appointed by the Secretary,
taking into consideration the recommendations of the
Chairperson of the Jamestown 2007 Steering Committee;
(B) 4 members shall be appointed by the Secretary,
taking into consideration the recommendations of the
Governor;
(C) 2 members shall be employees of the National
Park Service, of which--
(i) 1 shall be the Director of the National
Park Service (or a designee); and
(ii) 1 shall be an employee of the National
Park Service having experience relevant to the
commemoration, to be appointed by the
Secretary; and
(D) 5 members shall be individuals that have an
interest in, support for, and expertise appropriate to,
the commemoration, to be appointed by the Secretary.
(2) Term; vacancies.--
(A) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--
(i) In general.--A vacancy on the
Commission shall be filled in the same manner
in which the original appointment was made.
(ii) Partial term.--A member appointed to
fill a vacancy on the Commission shall serve
for the remainder of the term for which the
predecessor of the member was appointed.
(3) Meetings.--
(A) In general.--The Commission shall meet--
(i) at least twice each year; or
(ii) at the call of the Chairperson or the
majority of the members of the Commission.
(B) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the initial
meeting of the Commission.
(4) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the Commission shall
constitute a quorum.
(5) Chairperson.--The Secretary shall appoint a Chairperson
of the Commission, taking into consideration any
recommendations of the Governor.
(c) Duties.--
(1) In general.--The Commission shall--
(A) plan, develop, and execute programs and
activities appropriate to commemorate the 400th
anniversary of the founding of Jamestown;
(B) generally facilitate Jamestown-related
activities throughout the United States;
(C) encourage civic, patriotic, historical,
educational, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand the
understanding and appreciation of the significance of
the founding and early history of Jamestown;
(D) coordinate and facilitate for the public
scholarly research on, publication about, and
interpretation of, Jamestown; and
(E) ensure that the 400th anniversary of Jamestown
provides a lasting legacy and long-term public benefit
by assisting in the development of appropriate programs
and facilities.
(2) Plans; reports.--
(A) Strategic plan; annual performance plans.--In
accordance with the Government Performance and Results
Act of 1993 (Public Law 103-62; 107 Stat. 285), the
Commission shall prepare a strategic plan and annual
performance plans for the activities of the Commission
carried out under this Act.
(B) Final report.--Not later than September 30,
2008, the Commission shall complete a final report that
contains--
(i) a summary of the activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
(d) Powers of the Commission.--The Commission may--
(1) accept donations and make dispersions of money,
personal services, and real and personal property related to
Jamestown and of the significance of Jamestown in the history
of the United States;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases or other legal agreements, to
carry out this Act (except that any contracts, leases or other
legal agreements made or entered into by the Commission shall
not extend beyond the date of termination of the Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies;
(6) subject to approval by the Commission, make grants in
amounts not to exceed $10,000 to communities and nonprofit
organizations to develop programs to assist in the
commemoration;
(7) make grants to research and scholarly organizations to
research, publish, or distribute information relating to the
early history of Jamestown; and
(8) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members of the commission.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Commission shall serve without
compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(C) Travel expenses.--A member of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Commission.
(2) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel
as are necessary to enable the Commission to perform
the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and 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.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(4) Detail of government employees.--
(A) Federal employees.--
(i) In general.--On the request of the
Commission, the head of any Federal agency may
detail, on a reimbursable or non-reimbursable
basis, any of the personnel of the agency to
the Commission to assist the Commission in
carrying out the duties of the Commission under
this Act.
(ii) Civil service status.--The detail of
an employee under clause (i) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel
detailed from States (including subdivisions of
States); and
(ii) reimburse States for services of
detailed personnel.
(5) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as the
Commission determines necessary.
(6) Support services.--The Director of the National Park
Service shall provide to the Commission, on a reimbursable
basis, such administrative support services as the Commission
may request.
(f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(h) No Effect on Authority.--Nothing in this section supersedes the
authority of the State, the National Park Service, or the Association
for the Preservation of Virginia Antiquities, concerning the
commemoration.
(i) Termination.--The Commission shall terminate on December 31,
2008.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Passed the Senate October 5 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | Terminates the Commission on December 31, 2008.
Authorizes appropriations. | Jamestown 400th Commemoration Commission Act of 2000 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The United Nations Development Program (UNDP) has for
years operated in the Democratic People's Republic of Korea
(North Korea) in violation of United Nations rules and internal
auditing recommendations. Examples of such violations include
the following:
(A) The local staff of the UNDP in North Korea is
dominated by employees who are hand-picked by the
Government of North Korea. The Government of North
Korea provides only one candidate for each position and
does not provide detailed qualifications, work
experience, or personal details to the UNDP.
(B) The salaries of the local staff of the UNDP in
North Korea are paid to the Government of North Korea
and not to the individual staffers. Such local staff
are instead provided with cash food stipends against
UNDP regulations.
(C) Officials of the Government of North Korea have
performed financial and core managerial functions of
UNDP activities in violation of UNDP regulations.
(D) The UNDP pays cash to local suppliers of the
Government of North Korea in violation of UNDP
regulations.
(E) The UNDP provides funding to programs and
projects controlled by the Government of North Korea
without appropriate audits or other oversight in
violation of UNDP regulations.
(2) According to the United States Department of State, in
2005 the Government of the United States contributed $108
million to the general fund of the UNDP. This amount accounts
for 11.8 percent of the total funding of the UNDP.
(3) The Government of North Korea has developed and tested
nuclear weapons in violation of international treaties.
(4) North Korea continues to pose a threat to East Asia and
the world in the form of its nuclear weapons program.
(5) The Government of North Korea maintains a police state
wherein citizens are prevented from access to the outside
world.
(6) Kim Jong-Il and other senior officials of the
Government of North Korea have used their power to purchase
personal luxuries, possibly with UNDP funds, while citizens
face starvation.
(7) Representatives of the Government of North Korea are
members of the executive board of the UNDP, thereby governing
the amount of UNDP assistance that North Korea will receive and
overseeing UNDP programs around the world.
(8) The Government of North Korea maintains a state of war
with the democratically-elected Government of the Republic of
Korea (South Korea).
(9) Former Iraqi leader Saddam Hussein used United Nations
programs to launder approximately $100 billion into his regime
in what has become known as the ``Oil-for-Food Scandal''.
(10) Illicit funding of this kind undermines the strong
sanctions that have been imposed by the United States and the
United Nations against North Korea.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United Nations--
(A) should ensure that the United Nations
Development Program (UNDP) enforces its rules regarding
financing, staffing, accounting, and auditing of its
activities in the Democratic People's Republic of Korea
(North Korea);
(B) should authorize an external investigation of
all UNDP activities in North Korea; and
(C) should ensure that--
(i) any local staff of the UNDP in North
Korea who may have committed crimes are
prosecuted in the appropriate court of law; and
(ii) any local staff of the UNDP in North
Korea who have violated UNDP regulations are
appropriately sanctioned; and
(2) the President should instruct the United States
representative on the Executive Board of the UNDP to use the
voice, vote, and influence of the United States to ensure
that--
(A) the UNDP ceases any activities in North Korea
that are in violation of UNDP regulations;
(B) the UNDP conducts a full audit, open for review
to all members of the Executive Board, of UNDP
activities in North Korea since 1998; and
(C) the UNDP establishes regulations to ensure that
no funds allocated to UNDP activities in North Korea
are provided to the Government of North Korea.
SEC. 3. WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO THE UNITED
NATIONS DEVELOPMENT PROGRAM.
The Secretary of State shall withhold any United States
contribution to the general funds of the United Nations Development
Program (UNDP) until such time as the Secretary certifies to Congress
that the UNDP meets the requirements of subparagraphs (A) through (C)
of section 2(2) of this Act. | Expresses the sense of Congress that the United Nations should: (1) ensure that the United Nations Development Program (UNDP) enforces its rules regarding financing, staffing, accounting, and auditing of its activities in the Democratic People's Republic of Korea (North Korea); (2) authorize an external investigation of all UNDP activities in North Korea; and (3) ensure that any UNDP local staff in North Korea who committed crimes are prosecuted or who violated regulations are sanctioned.
Expresses the sense of Congress that the President should use U.S. influence to ensure that UNDP: (1) ceases activities in North Korea that are in violation of UNDP regulations; (2) conducts a full audit of UNDP activities in North Korea since 1998; and (3) establishes regulations to ensure that no funds allocated to UNDP activities in North Korea are provided to the government of North Korea. Directs the Secretary of State to withhold U.S. contributions to the general funds of UNDP until the Secretary certifies to Congress that UNDP meets such provisions. | To withhold United States contributions to the United Nations Development Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Separate Enrollment and Line Item
Veto Act of 1999''.
SEC. 2. STRUCTURE OF LEGISLATION.
(a) Appropriations Legislation.--
(1) In general.--The Committee on Appropriations of either
the House or the Senate shall not report an appropriation
measure that fails to contain such level of detail on the
allocation of an item of appropriation proposed by that House
as is set forth in the committee report accompanying such bill.
(2) Point of order.--If an appropriation measure is
reported to the House or Senate that fails to contain the level
of detail on the allocation of an item of appropriation as
required in paragraph (1), it shall not be in order in that
House to consider such measure. If a point of order under this
paragraph is sustained, the measure shall be recommitted to the
Committee on Appropriations of that House.
(b) Authorization Legislation.--
(1) In general.--A committee of either the House or the
Senate shall not report an authorization measure that contains
new direct spending or new targeted tax benefits unless such
measure presents each new direct spending or new targeted tax
benefit as a separate item and the accompanying committee
report for that measure shall contain such level of detail as
is necessary to clearly identify the allocation of new direct
spending or new targeted tax benefits.
(2) Point of order.--If an authorization measure is
reported to the House or Senate that fails to comply with
paragraph (1), it shall not be in order in that House to
consider such measure. If a point of order under this paragraph
is sustained, the measure shall be recommitted to the committee
of jurisdiction of that House.
(c) Conference Reports.--
(1) Appropriations.--A committee of conference to which is
committed an appropriations measure shall not file a conference
report in either House that fails to contain the level of
detail on the allocation of an item of appropriation as is set
forth in the statement of managers accompanying that report.
(2) Authorizations.--A committee of conference to which is
committed an authorization measure shall not file a conference
report in either House unless such measure presents each direct
spending or targeted tax benefit as a separate item and the
statement of managers accompanying that report clearly
identifies each such item.
(3) Point of order.--If a conference report is presented to
the House or Senate that fails to comply with either paragraph
(1) or (2), it shall not be in order in that House to consider
such conference report. If a point of order under this
paragraph is sustained in the House to first consider the
conference report, the measure shall be deemed recommitted to
the committee of conference.
SEC. 3. WAIVERS AND APPEALS.
Any provision of section 2 may be waived or suspended in the House
or Senate only by an affirmative vote of three-fifths of the Members of
that House duly chosen and sworn. 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 that
section.
SEC. 4. SEPARATE ENROLLMENT.
(a) In General.--
(1) Enrollment.--Notwithstanding any other provision of
law, when any appropriation or authorization measure first
passes both Houses of Congress in the same form, the Secretary
of the Senate (in the case of a measure originating in the
Senate) or the Clerk of the House of Representatives (in the
case of a measure originating in the House of Representatives)
shall disaggregate the items as referenced in section 5(4) and
assign each item a new bill number. After disaggregation each
item shall be treated as a separate bill to be considered under
the following subsections. The remainder of the bill not so
disaggregated shall constitute a separate bill and shall be
considered with the other disaggregated bills pursuant to subsection
(b).
(2) Form.--A bill that is required to be disaggregated into
separate bills pursuant to paragraph (1)--
(A) shall be disaggregated without substantive
revision; and
(B) shall bear the designation of the measure of
which it was an item prior to such disaggregation,
together with such other designation as may be
necessary to distinguish such measure from other
measures disaggregated pursuant to paragraph (1) with
respect to the same measure.
(b) Procedure.--The new bills resulting from the disaggregation
described in subsection (a)(1) shall be immediately placed on the
appropriate calendar in the House of origination, and upon passage,
placed on the appropriate calendar in the other House. They shall be
the next order of business in each House and they shall be considered
and voted on en bloc and shall not be subject to amendment. A motion to
proceed to the bills shall be nondebatable. Debate in the House of
Representatives or the Senate on the bill shall be limited to not more
than 1 hour, which shall be divided equally between the majority leader
and the minority leader. A motion further to limit debate is not
debatable. A motion to recommit the bills is not in order, and it is
not in order to move to reconsider the vote by which the bills are
agreed to or disagreed to.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriation measure.--The term ``appropriation
measure'' means any general or special appropriation bill or
any bill or joint resolution making supplemental, deficiency,
or continuing appropriations.
(2) Authorization measure.--The term ``authorization
measure'' means any measure other than an appropriations
measure that contains a provision providing direct spending or
targeted tax benefits.
(3) Direct spending.--The term ``direct spending'' shall
have the same meaning given to such term in section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
(4) Item.--The term ``item'' means--
(A) with respect to an appropriations measure--
(i) any numbered section,
(ii) any unnumbered paragraph, or
(iii) any allocation or suballocation of an
appropriation, made in compliance with section
2(a), contained in a numbered section or an
unnumbered paragraph but shall not include a
provision which does not appropriate funds,
direct the President to expend funds for any
specific project, or create an express or
implied obligation to expend funds and--
(I) rescinds or cancels existing
budget authority;
(II) only limits, conditions, or
otherwise restricts the President's
authority to spend otherwise
appropriated funds; or
(III) conditions on an item of
appropriation not involving a positive
allocation of funds by explicitly
prohibiting the use of any funds; and
(B) with respect to an authorization measure--
(i) any numbered section, or
(ii) any unnumbered paragraph,
that contains new direct spending or a new targeted tax
benefit presented and identified in conformance with
section 2(b).
(5) The term ``targeted tax benefit'' means any provision--
(A) estimated by the Joint Committee on Taxation as
losing revenue for any one of the three following
periods--
(i) the first fiscal year covered by the
most recently adopted concurrent resolution on
the budget;
(ii) the period of the 5 fiscal years
covered by the most recently adopted concurrent
resolution on the budget; or
(iii) the period of the 5 fiscal years
following the first 5 years covered by the most
recently adopted concurrent resolution on the
budget; and
(B) having the practical effect of providing more
favorable tax treatment to a particular taxpayer or
limited group of taxpayers when compared with other
similarly situated taxpayers.
SEC. 6. JUDICIAL REVIEW.
(a) Expedited Review.--
(1) Member of congress.--Any Member of Congress may bring
an action, in the United States District Court for the District
of Columbia, for declaratory judgment and injunctive relief on
the ground that a provision of this Act violates the
Constitution.
(2) Intervention by houses.--A copy of any complaint in an
action brought under paragraph (1) shall be promptly delivered
to the Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(3) Panel.--Any action brought under paragraph (1) shall be
heard and determined by a three-judge court in accordance with
section 2284 of title 28, United States Code.
(4) Authority of houses.--Nothing in this section or in any
other law shall infringe upon the right of the House of
Representatives or the Senate to intervene in an action brought
under paragraph (1) without the necessity of adopting a
resolution to authorize such intervention.
(b) Appeal to Supreme Court.--Notwithstanding any other provisions
of law, any order of the United States District Court for the District
of Columbia which is issued pursuant to an action brought under
paragraph (1) of subsection (a) shall be reviewable by appeal directly
to the Supreme Court of the United States. Any such appeal shall be
taken by a notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed within 30 days
after such order is entered. No stay of an order issued pursuant to an
action brought under paragraph (1) of subsection (a) shall be issued by
a single Justice of the Supreme Court.
(c) Expedited Consideration.--It shall be the duty of the District
Court for the District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the greatest
possible extent the disposition of any matter brought under subsection
(a).
(d) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance is held
unconstitutional, the remainder of this Act and the application of the
provisions of such Act to any person or circumstance shall not be
affected thereby.
SEC. 7. TREATMENT OF EMERGENCY SPENDING.
(a) Emergency Appropriations.--Section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding at the end the following new sentence: ``However, OMB shall not
adjust any discretionary spending limit under this clause for any
statute that designates appropriations as emergency requirements if
that statute contains an appropriation for any other matter, event, or
occurrence, but that statute may contain rescissions of budget
authority.''.
(b) Emergency Legislation.--Section 252(e) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new sentence: ``However, OMB shall not designate any
such amounts of new budget authority, outlays, or receipts as emergency
requirements in the report required under subsection (d) if that
statute contains any other provisions that are not so designated, but
that statute may contain provisions that reduce direct spending.''.
(c) New Point of Order.--Part A of title IV of the Congressional
Budget Act of 1974 is amended by adding at the end the following new
section:
``point of order regarding emergencies
``Sec. 407. It shall not be in order in the House of
Representatives or the Senate to consider any bill or joint resolution,
or amendment thereto or conference report thereon, containing an
emergency designation for purposes of section 251(b)(2)(D) or 252(e) of
the Balanced Budget and Emergency Deficit Control Act of 1985 if it
also provides an appropriation or direct spending for any other item or
contains any other matter, but that bill or joint resolution,
amendment, or conference report may contain rescissions of budget
authority or reductions of direct spending, or that amendment may
reduce for that emergency.''.
(d) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 406 the
following new item:
``Sec. 407. Point of order regarding emergencies.''.
SEC. 8. SAVINGS FROM RESCISSION BILLS USED FOR DEFICIT REDUCTION.
(a) In General.--Not later than 45 days of continuous session after
the President vetoes an appropriations measure or an authorization
measure, the President shall--
(1) with respect to appropriations measures, reduce the
discretionary spending limits under section 601 of the
Congressional Budget Act of 1974 for the budget year and each
outyear by the amount by which the measure would have increased
the deficit in each respective year; and
(2) with respect to a repeal of direct spending, or a
targeted tax benefit, reduce the balances for the budget year
and each outyear under section 252(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985 by the amount by
which the measure would have increased the deficit in each
respective year.
(b) Exceptions.--
(1) In general.--This section shall not apply if the vetoed
appropriations measure or authorization measure becomes law,
over the objections of the President, before the President
orders the reduction required by subsections (a)(1) or (a)(2).
(2) Restoration of limits.--If the vetoed appropriations
measure or authorization measure becomes law, over the
objections of the President, after the President has ordered
the reductions required by subsections (a)(1) or (a)(2), then
the President shall restore the discretionary spending limits
under section 601 of the Congressional Budget Act of 1974 or
the balances under section 252(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 to reflect the positions
existing before the reduction ordered by the President in
compliance with subsection (a).
SEC. 9. EVALUATION AND SUNSET OF TAX EXPENDITURES.
(a) Legislation for Sunsetting Tax Expenditures.--The President
shall submit legislation for the periodic review, reauthorization, and
sunset of tax expenditures with his fiscal year 2000 budget.
(b) Budget Contents and Submission to Congress.--Section 1105(a) of
title 31, United States Code, is amended by adding after paragraph (30)
the following:
``(31) beginning with fiscal year 2002, a Federal
Government performance plan for measuring the overall
effectiveness of tax expenditures, including a schedule for
periodically assessing the effects of specific tax expenditures
in achieving performance goals.''.
(c) Pilot Projects.--Section 1118(c) of title 31, United States
Code, is amended by--
(1) striking ``and'' after the semicolon in paragraph (2);
(2) redesignating paragraph (3) as paragraph (4); and
(3) adding after paragraph (2) the following:
``(3) describe the framework to be utilized by the Director
of the Office of Management and Budget, after consultation with
the Secretary of the Treasury, the Comptroller General of the
United States, and the Joint Committee on Taxation, for
undertaking periodic analyses of the effects of tax
expenditures in achieving performance goals and the
relationship between tax expenditures and spending programs;
and''.
(d) Congressional Budget Act.--Part A of title IV of the
Congressional Budget Act of 1974 is amended by adding at the end
thereof the following:
``tax expenditures
``Sec. 408. 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 contains a tax expenditure
unless the bill, joint resolution, amendment, motion, or conference
report provides that the tax expenditure will terminate not later than
10 years after the date of enactment of the tax expenditure.''.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such provision
to any person or circumstance is held unconstitutional, the remainder
of this Act and the application of the provisions of such Act to any
person or circumstance shall not be affected thereby.
SEC. 11. EFFECTIVE DATE.
The provisions of this Act and the amendments made by this Act
shall apply to measures passed by the Congress beginning with the date
of the enactment of this Act and ending on September 30, 2004. | Separate Enrollment and Line Item Veto Act of 1999 - Prohibits the Committee on Appropriations of either the House of Representatives or the Senate from reporting an appropriation measure that fails to contain such level of detail on the allocation of an item of appropriation proposed by that House as is set forth in the accompanying committee report.
Prohibits a congressional committee from reporting an authorization measure containing new direct spending or new targeted tax benefits unless such measure presents such items separately and the accompanying committee report contains the necessary level of detail.
Prohibits the filing of conference reports on appropriations measures that fail to contain such level of detail on the allocation of an item as is set forth in the accompanying statement of managers.
(Sec. 3) Allows the waiver or appeal of such prohibitions by a three-fifths vote of the appropriate House.
(Sec. 4) Requires separate enrollment of each item of appropriation or authorization in measures passed by both Houses in identical form. Provides for congressional consideration of such bills.
(Sec. 6) Provides for expedited judicial review of provisions of this Act in the U.S. District Court for the District of Columbia and direct appeals to the Supreme Court.
(Sec. 7) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to prohibit the inclusion of nonemergency spending proposals in emergency spending legislation. Allows such proposals to contain rescissions of budget authority or provisions that reduce direct spending.
(Sec. 8) Requires savings from rescissions bills to be used for deficit reduction.
(Sec. 9) Requires the President to submit legislation for the periodic review, reauthorization, and sunset of tax expenditures with the FY 2000 budget.
Requires the inclusion in the budget beginning with FY 2002 of a performance plan for measuring the overall effectiveness of tax expenditures, including a schedule for periodically assessing the effects of specific tax expenditures in achieving performance goals.
Directs the Director of the Office of Management and Budget to include as a pilot project the periodic analyses of such goals and the relationship between tax expenditures and spending programs.
Amends the Congressional Budget Act of 1974 to prohibit consideration in the House and the Senate of legislation that contains a tax expenditure unless the expenditure terminates not later than ten years after the date of its enactment.
(Sec. 11) Makes this Act effective until the end of FY 2004. | Separate Enrollment and Line Item Veto Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Port of Entry Personnel
and Infrastructure Funding Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Northern border.--The term ``Northern border'' means
the international border between the United States and Canada.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Southern border.--The term ``Southern border'' means
the international border between the United States and Mexico.
SEC. 3. U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.
(a) Staff Enhancements.--
(1) Authorization.--In addition to positions authorized
before the date of the enactment of this Act and any existing
officer vacancies within U.S. Customs and Border Protection on
such date, the Secretary, subject to the availability of
appropriations for such purpose, shall hire, train, and assign
to duty, by not later than September 30, 2019--
(A) 5,000 full-time U.S. Customs and Border
Protection officers to serve on all inspection lanes
(primary, secondary, incoming, and outgoing) and
enforcement teams at United States land ports of entry
on the Northern border and the Southern border; and
(B) 350 full-time support staff for all United
States ports of entry.
(2) Waiver of fte limitation.--The Secretary may waive any
limitation on the number of full-time equivalent personnel
assigned to the Department of Homeland Security in order to
carry out paragraph (1).
(b) Reports to Congress.--
(1) Outbound inspections.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit a
report containing the Department of Homeland Security's plans
for ensuring the placement of sufficient U.S. Customs and
Border Protection officers on outbound inspections, and
adequate outbound infrastructure, at all Southern border land
ports of entry to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Sufficient agricultural specialists and personnel.--Not
later than 90 days after the date of the enactment of this Act,
the Secretary, in consultation with the Secretary of
Agriculture and the Secretary of Health and Human Services,
shall submit a report to the committees set forth in paragraph
(1) that contains each department's plans for ensuring the
placement of sufficient U.S. Customs and Border Protection
agriculture specialists, Animal and Plant Health Inspection
Service entomologist identifier specialists, Food and Drug
Administration consumer safety officers, and other relevant and
related personnel at all Southern border land ports of entry.
(3) Annual implementation report.--Not later than 1 year
after the date of the enactment of this Act, and annually
thereafter, the Secretary shall submit a report to the
committees set forth in paragraph (1) that--
(A) details the Department of Homeland Security's
implementation plan for the staff enhancements required
under subsection (a)(1)(A);
(B) includes the number of additional personnel
assigned to duty at land ports of entry, classified by
location;
(C) describes the methodology used to determine the
distribution of additional personnel to address
northbound and southbound cross-border inspections; and
(D) includes--
(i) the strategic plan required under
section 5(a)(1);
(ii) the model required under section 5(b),
including the underlying assumptions, factors,
and concerns that guide the decisionmaking and
allocation process; and
(iii) the new outcome-based performance
measures adopted under section 5(c)(1).
(c) Secure Communication.--The Secretary shall ensure that each
U.S. Customs and Border Protection officer is equipped with a secure 2-
way communication and satellite-enabled device, supported by system
interoperability, that allows U.S. Customs and Border Protection
officers to communicate--
(1) between ports of entry and inspection stations; and
(2) with other Federal, State, tribal, and local law
enforcement entities.
(d) Border Area Security Initiative Grant Program.--The Secretary
shall establish a program for awarding grants for the purchase of--
(1) identification and detection equipment; and
(2) mobile, hand-held, 2-way communication devices for
State and local law enforcement officers serving on the
Southern border.
(e) Port of Entry Infrastructure Improvements.--The Commissioner
may aid in the enforcement of Federal customs, immigration, and
agriculture laws by--
(1) designing, constructing, and modifying--
(A) United States ports of entry;
(B) living quarters for officers, agents, and
personnel;
(C) technology and equipment, including those
deployed in support of standardized and automated
collection of vehicular travel time; and
(D) other structures and facilities, including
those owned by municipalities, local governments, or
private entities located at land ports of entry;
(2) acquiring, by purchase, donation, exchange, or
otherwise, land or any interest in land determined to be
necessary to carry out the Commissioner's duties under this
section; and
(3) constructing additional ports of entry along the
Southern border and the Northern border.
(f) Prioritization.--In selecting improvements under subsection
(e), the Commissioner, in coordination with the Administrator shall
give priority consideration to projects that will substantially--
(1) reduce commercial and passenger vehicle and pedestrian
crossing wait times at one or more ports of entry on the same
border;
(2) increase trade, travel efficiency, and the projected
total annual volume at one or more ports of entry on the same
border; and
(3) enhance safety and security at border facilities at one
or more ports of entry on the same border.
(g) Consultation.--
(1) Locations for new ports of entry.--The Secretary is
encouraged to consult with the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of State, the
International Boundary and Water Commission, the International
Joint Commission, and appropriate representatives of States,
Indian tribes, local governments, and property owners--
(A) to determine locations for new ports of entry;
and
(B) to minimize adverse impacts from such ports on
the environment, historic and cultural resources,
commerce, and the quality of life of the communities
and residents located near such ports.
(2) Savings provision.--Nothing in this subsection may be
construed--
(A) to create any right or liability of the parties
described in paragraph (1);
(B) to affect the legality or validity of any
determination by the Secretary under this Act; or
(C) to affect any consultation requirement under
any other law.
(h) Authority To Acquire Leaseholds.--Notwithstanding any other
provision of law, if the Secretary determines that the acquisition of a
leasehold interest in real property and the construction or
modification of any facility on the leased property are necessary to
facilitate the implementation of this Act, the Secretary may--
(1) acquire such leasehold interest; and
(2) construct or modify such facility.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, for each of the fiscal years
2014 through 2019, $1,000,000,000, of which $5,000,000 shall be used
for grants authorized under subsection (d).
(j) Offset, Rescission of Unobligated Federal Funds.--
(1) In general.--There is hereby rescinded, from
appropriated discretionary funds that remain available for
obligation on the date of the enactment of this Act (other than
the unobligated funds referred to in paragraph (4)), amounts
determined by the Director of the Office of Management and
Budget that are equal, in the aggregate, to the amount
authorized to be appropriated under subsection (i).
(2) Implementation.--The Director of the Office of
Management and Budget shall determine and identify--
(A) the appropriation accounts from which the
rescission under paragraph (1) shall apply; and
(B) the amount of the rescission that shall be
applied to each such account.
(3) Report.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall submit a report to Congress and to the
Secretary of the Treasury that describes the accounts and
amounts determined and identified under paragraph (2) for
rescission under paragraph (1).
(4) Exceptions.--This subsection shall not apply to
unobligated funds of--
(A) the Department of Defense;
(B) the Department of Veterans Affairs; or
(C) the Department of Homeland Security.
SEC. 4. CROSS-BORDER TRADE ENHANCEMENT.
(a) Agreements Authorized.--For purposes of facilitating the
construction, alteration, operation, or maintenance of a new or
existing facility or other infrastructure at a port of entry, the
Administrator may--
(1) enter into cost-sharing or reimbursement agreements; or
(2) accept donations of--
(A) real or personal property (including monetary
donations); or
(B) nonpersonal services.
(b) Evaluation Procedures.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator, in consultation
with the Secretary, shall establish procedures for evaluating a
proposal submitted by any person under subsection (a)--
(A) to enter into a cost-sharing or reimbursement
agreement with the General Services Administration to
facilitate the construction, alteration, operation, or
maintenance of a new or existing facility or other
infrastructure at a land border port of entry; or
(B) to provide the Administration with a donation
of real or personal property (including monetary
donations) or nonpersonal services to be used in the
construction, alteration, operation, or maintenance of
a facility or other infrastructure at a land border
port of entry under the control of the Administration.
(2) Specification.--Donations made under paragraph (1)(B)
may specify--
(A) the land port of entry facility or facilities
in support of which the donation is being made; and
(B) the time frame in which the donated property or
services shall be used.
(3) Return of donation.--If the Administrator does not use
the property or services donated pursuant to paragraph (1)(B)
for the specific facility or facilities designated pursuant to
paragraph (2)(A) or within the time frame specified pursuant to
paragraph (2)(B), such donated property or services shall be
returned to the person that made the donation.
(4) Determination and notification.--
(A) In general.--Not later than 90 days after
receiving a proposal pursuant to subsection (a) with
respect to the construction or maintenance of a
facility or other infrastructure at a land border port
of entry, the Administrator shall--
(i) make a determination with respect to
whether or not to approve the proposal; and
(ii) notify the person that submitted the
proposal of--
(I) the determination; and
(II) if the Administrator did not
approve the proposal, the reasons for
such disapproval.
(B) Considerations.--In determining whether or not
to approve a proposal under this subsection, the
Administrator shall consider--
(i) the impact of the proposal on reducing
wait times at that port of entry and other
ports of entry on the same border;
(ii) the potential of the proposal to
increase trade and travel efficiency through
added capacity; and
(iii) the potential of the proposal to
enhance the security of the port of entry.
(c) Delegation.--For facilities at which the Administrator has
delegated or transferred to the Secretary, operations, ownership, or
other authorities over land border ports of entry, the authorities and
requirements of the Administrator under this section shall be deemed to
apply to the Secretary.
SEC. 5. IMPLEMENTATION OF GOVERNMENT ACCOUNTABILITY OFFICE FINDINGS.
(a) Border Wait Time Data Collection.--
(1) Strategic plan.--The Secretary, in consultation with
the Commissioner, the Administrator of the Federal Highway
Administration, State Departments of Transportation, and other
public and private stakeholders, shall develop a strategic plan
for standardized collection of vehicle wait times at land ports
of entry.
(2) Elements.--The strategic plan required under paragraph
(1) shall include--
(A) a description of how U.S. Customs and Border
Protection will ensure standardized manual wait time
collection practices at ports of entry;
(B) a timeline for incorporating standardized data
into existing online platforms for public reporting;
(C) the identification of a standardized
measurement and validation wait time data tool for use
at all land ports of entry; and
(D) an assessment of the feasibility and cost for
supplementing and replacing manual data collection with
automation, which should utilize existing automation
efforts and resources.
(b) Staff Allocation.--The Secretary, in consultation with the
Commissioner and State, municipal, and private sector stakeholders at
each port of entry, shall develop a standardized model for the
allocation of U.S. Customs and Border Protection officers and support
staff at land ports of entry, including allocations specific to field
offices and the port level that utilizes--
(1) current and future operational priorities and threats;
(2) historical staffing levels and patterns; and
(3) anticipated traffic flows.
(c) Outcome-Based Performance Measures.--
(1) In general.--The Secretary, in consultation with the
Commissioner and relevant public and private sector
stakeholders, shall identify and adopt new outcome-based
performance measures that support the trade facilitation goals
of U.S. Customs and Border Protection.
(2) Effect of trusted traveler and shipper programs.--
Outcome-based performance measures identified under this
subsection may include--
(A) the extent to which trusted traveler and
shipper program participants experience decreased
annual percentage wait time compared to
nonparticipants; and
(B) the extent to which trusted traveler and
shipper program participants experience an annual
reduction in percentage of referrals to secondary
inspection facilities compared to nonparticipants.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the committees set forth in section 3(b)(1) that identifies--
(A) the new performance measures developed under
this subsection; and
(B) the process for the incorporation of such
measures into existing performance measures. | Emergency Port of Entry Personnel and Infrastructure Funding Act of 2013 - Directs the Secretary of Homeland Security (DHS) to hire, train, and assign to duty by September 30, 2019, an additional: (1) 5,000 full-time U.S. Customs and Border Protection (CBP) officers to serve on all inspection lanes and enforcement teams at U.S. land ports of entry on the northern and southern borders of the United States; and (2) 350 full-time support staff for all U.S. ports of entry. Requires the Secretary to report to specified congressional committees on: (1) DHS plans for ensuring the placement of sufficient CBP officers and infrastructure for outbound inspections at southern border land ports of entry; and (2) each relevant department's plans for ensuring the placement of sufficient CBP agriculture specialists, Animal and Plant Health Inspection Service entomologist identifier specialists, and Food and Drug Administration (FDA) consumer safety officers at such ports of entry. Directs the Secretary to: (1) ensure that each CBP officer is equipped with a secure two-way communication and satellite-enabled device that allows such officers to communicate between ports of entry and inspection stations and with law enforcement; and (2) establish a program for awarding grants for the purchase of identification and detection equipment and mobile, hand-held, two-way communication devices for state and local law enforcement officers serving on the southern border. Authorizes the Commissioner of CBP to aid in the enforcement of federal customs, immigration, and agriculture laws by: (1) designing, constructing, and modifying U.S. ports of entry, living quarters for personnel, technology and equipment, and other structures and facilities; (2) acquiring land deemed necessary to carry out the Commissioner's duties; and (3) constructing additional ports of entry along the borders. Authorizes the Administrator, for purposes of facilitating the construction, alteration, operation, or maintenance of a new or existing facility or other infrastructure at a port of entry, to: (1) enter into a cost-sharing or reimbursement agreement with the General Services Administration (GSA), or (2) provide GSA with donations of real or person property or nonpersonal services. Directs the Secretary to: (1) develop a strategic plan for standardized collection of vehicle wait times at land ports of entry, (2) develop a standardized model for the allocation of CBP officers and support staff at land ports of entry, and (3) identify and adopt new outcome-based performance measures that support the trade facilitation goals of CBP. Requires the Secretary to report to specified congressional committees annually on: (1) DHS's implementation plan for the staff enhancements, (2) the number of additional personnel assigned to duty at land ports of entry, (3) the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections, (4) the strategic plan, (5) the CBP officer allocation model, and (6) the new outcome-based performance measures. | Emergency Port of Entry Personnel and Infrastructure Funding Act of 2013 |
SECTION 1. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING ALIEN
SMUGGLING.
The Attorney General in each of the fiscal years 2002, 2003, 2004,
2005, and 2006 shall increase the number of positions for full-time,
active duty investigators or other enforcement personnel within the
Immigration and Naturalization Service who are assigned to combating
alien smuggling by not less than 50 positions above the number of such
positions for which funds were allotted for the preceding fiscal year.
SEC. 2. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) double the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 20 months;
(B) 6 to 24 aliens from 18 months to 36 months;
(C) 25 to 100 aliens from 27 months to 54 months;
and
(D) 101 aliens or more from 37 months to 74 months;
(2) increase the minimum level of fines for each of the
offenses described in subparagraphs (A) through (D) of
paragraph (1) to the greater of the current minimum level or
twice the amount the defendant received or expected to receive
as compensation for the illegal activity; and
(3) increase by at least two offense levels above the
applicable enhancement in effect on the date of the enactment
of this Act the sentencing enhancements for intentionally or
recklessly creating a substantial risk of serious bodily injury
or causing bodily injury, serious injury, permanent or life
threatening injury, or death.
(b) Exceptions.--Subsection (a) shall not apply to an offense
that--
(1) was committed other than for profit; or
(2) involved the smuggling, transporting, or harboring only
of the defendant's spouse or child (or both the defendant's
spouse and child).
SEC. 3. ELIMINATION OF PENALTY ON PERSONS RENDERING EMERGENCY
ASSISTANCE.
(a) In General.--Section 274(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end
the following:
``(C) In no case may any penalty for a violation of subparagraph
(A) be imposed on any person based on actions taken by the person to
render emergency assistance to an alien found physically present in the
United States in life threatening circumstances.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act, and
shall apply to offenses committed after the termination of such 90-day
period.
SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES REGARDING THE EFFECT OF
PROSECUTORIAL POLICIES.
In the exercise of its authority under section 994 of title 28,
United States Code, the United States Sentencing Commission shall amend
the Federal sentencing guidelines to include the following:
``Sec. 5H1.14. Plea bargaining and other prosecutorial policies
``Plea bargaining and other prosecutorial policies, and differences
in those policies among different districts, are not a ground for
imposing a sentence outside the applicable guidelines range.''.
SEC. 5. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.
(a) In General.--Section 924(c)(1) of title 18, United States Code,
is amended--
(1) in subparagraph (A)--
(A) by inserting after ``device)'' the following:
``or any violation of section 274(a)(1)(A) of the
Immigration and Nationality Act''; and
(B) by striking ``or drug trafficking crime--'' and
inserting ``, drug trafficking crime, or violation of
section 274(a)(1)(A) of the Immigration and Nationality
Act--''; and
(2) in subparagraph (D)(ii), by striking ``or drug
trafficking crime'' and inserting ``, drug trafficking crime,
or violation of section 274(a)(1)(A) of the Immigration and
Nationality Act''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 90 days after the date of the enactment of this Act, and
shall apply to offenses committed after the termination of such 90-day
period.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to funds otherwise available for such
purpose, there are authorized to be appropriated to the Immigration and
Naturalization Service of the Department of Justice such sums as may be
necessary to carry out section 1 and to cover the operating expenses of
the Service and the Department in conducting undercover investigations
of alien smuggling activities and in prosecuting violations of section
274(a)(1)(A) of the Immigration and Nationality Act (relating to alien
smuggling), resulting from the increase in personnel under section 1.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
SEC. 7. ALIEN SMUGGLING DEFINED.
In sections 1 and 6, the term ``alien smuggling'' means any act
prohibited by paragraph (1) or (2) of section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)). | Directs the Attorney General to increase by 50 for each of FY 2002 through 2006 the number of Immigration and Naturalization Service (full-time) investigators or other enforcement personnel assigned to combat alien smuggling.Directs the United States Sentencing Commission to promulgate or amend sentencing guidelines for alien smuggling-related activities so as to: (1) double specified minimum prison terms for smuggling, transporting, harboring, or inducement; (2) increase minimum fines; and (3) increase by at least two offense levels sentencing for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury or death. Exempts from such provisions offenses: (1) committed other than for profit; or (2) involving the smuggling, transporting, or harboring only of the defendant's spouse, child, or both.Amends the Immigration and Nationality Act to: (1) exempt from specified alien smuggling or harboring criminal penalties persons rendering life threatening emergency assistance to an alien in the United States; and (2) subject specified alien smuggling and harboring crimes under the Act committed by an armed person to enhanced penalties.Directs the Commission to revise Federal sentencing guidelines to provide that plea bargaining and other prosecutorial policies, and district policy differences, are not a ground for sentence imposition outside applicable guidelines.Authorizes appropriations for alien smuggling-related undercover and enforcement activities. | To improve the prevention and punishment of criminal smuggling, transporting, and harboring of aliens, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repealing Ineffective and Incomplete
Abstinence-Only Program Funding Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has one of the highest teen pregnancy
rates in the developed world. Between 1990 and 2005, the United
States teenage pregnancy rate declined 41 percent. For the
first time in more than a decade, the rate rose 3 percent in
2006. At the same time, teens were receiving less information
about contraception in schools and their use of contraceptives
was declining.
(2) While young people in the United States aged 15 to 25
make up only \1/4\ of the sexually active population, they
contract about \1/2\ of the 19,000,000 sexually transmitted
infections (STIs) which occur annually. Young people ages 13 to
29 account for nearly \1/4\ of the estimated 56,300 new HIV
infections each year. Every hour, 1 young person is infected
with HIV. In 2008, the Centers for Disease Control and
Prevention estimated that 1 in 4 young women between the ages
of 14 and 19 and nearly 1 in 2 African-American young women are
infected with at least one of the four most common STIs.
(3) Abstinence-only-until-marriage programs have been
discredited by a wide body of evidence, including most recently
in a congressionally mandated study in 2007 which found these
programs ineffective in stopping or delaying teen sex, reducing
the number of reported sexual partners, reducing reported rates
of pregnancy or sexually transmitted infections, or otherwise
beneficially impacting young people's sexual behavior. The
Institute of Medicine of the National Academy of Sciences
recommends the termination of such programs because they
represent ``poor fiscal and public health policy.''
(4) Leading medical and public health professional groups,
including the American Medical Association, the American
Academy of Pediatrics, the Society of Adolescent Health and
Medicine, the American College of Obstetricians and
Gynecologists, the American Nurses Association, the American
Public Health Association, and the American Psychological
Association, oppose an abstinence-only-until-marriage approach
as antithetical to the principles of science. These
organizations all stress the need for sexuality education that
includes messages about abstinence and also provide young
people with information about contraception for the prevention
of teen pregnancy, HIV/AIDS, and other STIs.
(5) Since 1996, the United States has spent over
$1,500,000,000 in Federal funding on abstinence-only-until-
marriage programs that fail to teach teens how to prevent
unintended pregnancy or STIs, including HIV. Particularly
during the Nation's worst economic disaster since the Great
Depression, government funding should only support evidence-
based programs.
(6) According to the results of a 2005-2006 nationally
representative survey of United States adults published in the
Archives of Pediatric & Adolescent Medicine, more than 8 in 10
(82 percent) of those polled, regardless of political ideology,
support comprehensive sex education that is medically accurate
and age-appropriate and includes information about both
abstinence and contraception for protection against unintended
pregnancy and STIs, including HIV.
(7) There is strong evidence that more comprehensive
approaches to sex education help young people both to withstand
the pressures to have sex too soon and to have healthy,
responsible, and mutually protective relationships when they do
become sexually active. More comprehensive sex education has
been found to be effective in delaying sexual intercourse,
increasing contraceptive use, and reducing the number of
partners among teens.
(8) Strong evidence indicates that sex education programs
that promote both abstinence and the use of contraception does
not increase sexual behavior. Studies show that when teens are
educated about and have access to contraception, levels of
contraception use at first intercourse increase while levels of
sex stay the same.
(9) Teens who receive sex education that includes both
abstinence and contraception are more likely than those who
receive abstinence-only-until-marriage messages to delay sexual
activity and use contraception when they do become sexually
active. Research from the United States shows that teens who
practice contraception consistently in their first sexual
relationship are more likely to continue doing so than those
who use no method or who use a method inconsistently.
(10) The Personal Responsibility Education Program (PREP)
funds programs that are required to provide information on both
abstinence and contraception for the prevention of pregnancy
and STIs, including HIV/AIDS, with a substantial emphasis on
both abstinence and contraceptive use. Programs must also
address adulthood preparation topics such as healthy
relationships, adolescent development, financial literacy,
educational and career success, and healthy life skills. Funded
programs are required to be evidence-based or replicate
elements of evidence-based programs that have been proven on
the basis of rigorous scientific research to change behavior.
SEC. 3. ELIMINATION OF ABSTINENCE-ONLY EDUCATION PROGRAM.
(a) In General.--Title V of the Social Security Act (42 U.S.C. 701
et seq.) is amended by striking section 510.
(b) Rescission.--Amounts appropriated for fiscal year 2010 under
section 510(d) of the Social Security Act (42 U.S.C. 710(d)) (as in
effect on the day before the date of enactment of this Act) that are
unobligated as of the date of enactment of this Act are rescinded.
(c) Reprogram of Eliminated Abstinence-Only Funds for the Personal
Responsibility Education Program (PREP).--Section 513(f) of the Social
Security Act (42 U.S.C. 713(f)) is amended by striking ``for each of
fiscal years 2010 through 2014'' and inserting ``for fiscal year 2010,
and $125,000,000 for each of fiscal years 2011 through 2014''. | Repealing Ineffective and Incomplete Abstinence-Only Program Funding Act of 2010 - Amends title V (Maternal and Child Health Services) of the Social Security Act to: (1) eliminate the abstinence-only education program; (2) rescind unobligated FY2010 program appropriations; and (3) reprogram such rescinded appropriations for the personal responsibility education program (PREP) for FY2011-FY2014. | To amend title V of the Social Security Act to eliminate the abstinence-only education program. |
SECTION 1. SHORT TITLE; SUPPLEMENTAL AUTHORIZATIONS.
(a) Short Title.--This Act may be cited as the ``Iran Missile
Protection Act of 1997''.
(b) Authorizations of Supplemental Appropriations.--All amounts
authorized to be appropriated by this Act are authorizations of
supplemental appropriations for the Department of Defense for fiscal
year 1998.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has vital interests in the Middle
East and Persian Gulf region.
(2) The United States maintains a force of approximately
25,000 military personnel in the Middle East and Persian Gulf
region.
(3) The United States has many allies and friends in the
Middle East and Persian Gulf region.
(4) The policies of the current regime in Iran, including
the export of terrorism and the pursuit of regional military
hegemony, are inimical to the interests of the United States
and its allies and friends.
(5) Iran has been aggressively pursuing ballistic missile
technology. According to a statement by the Vice President in
August 1997, ``It is obvious that there is a vigorous effort by
Iran to obtain the technologies that it needs to build a
ballistic missile and to build nuclear weapons.''
(6) The President, in Executive Order 12938, issued on
November 14, 1994 and reaffirmed in November 1995 and November
1996, declared a state of emergency, finding that ``the
proliferation of nuclear, biological, and chemical weapons and
of the means of delivering such weapons, constitutes an unusual
and extraordinary threat to the national security, foreign
policy, and economy of the United States . . .''
(7) Iran may achieve theater ballistic missile capabilities
capable of striking United States forces, allies, and friends
in the Middle East and Persian Gulf regions within one to two
years. Department of Defense officials report that Iran is
acquiring missile systems and technology from abroad and is
developing two ballistic missile systems. The Assistant
Secretary of State for Near Eastern Affairs recently testified
that Iran could complete development of its Shahab-3 missile in
12 to 18 months. This threat will grow over time as Iranian
missile production capability matures and missile ranges
increase.
(8) The United States intelligence community confirms that
Iran is achieving the capability described in paragraph (7)
with substantial assistance from other nations, including
Russia. The Director of Central Intelligence reported that
``Russia supplied a variety of ballistic missile-related goods
to foreign countries [in late 1996] . . . especially Iran.''
(9) Currently deployed missile defenses have been designed
to meet shorter range, slower missile threats and are not
adequate to meet the threat posed by new Iranian ballistic
missiles under development. The United States and its allies
will be vulnerable to Iranian missiles after they become
operational and until improved United States and allied missile
defenses are deployed.
(10) Current theater missile defense plans of the
Department of Defense are inadequate to meet the state of
emergency declared by the President. The Patriot Advanced
Capability (PAC-3) and Navy Area Defense missile defense
systems have limited capability against longer-range ballistic
missiles. The more capable Theater High-Altitude Area Defense
(THAAD) system and Navy Theater-Wide system are not scheduled
to be deployed until well after the time by which it is
expected that the Iranian missile threat will have matured.
(11) It is a matter of the highest national interest to
minimize the vulnerability of United States forces, allies, and
friends to this threat.
SEC. 3. PURPOSE OF ACT.
In light of the findings in section 2, an immediate national
response to the emerging Iranian missile threat, consistent with the
Presidential declaration of national emergency, is required and is in
the highest national interest of the United States.
SEC. 4. DETERMINATION OF EXTENT OF RUSSIAN COOPERATION WITH BALLISTIC
MISSILE ACTIVITIES OF IRAN.
(a) Discussion With Russia.--The Secretary of Defense shall enter
into discussions with the Government of Russia for the purpose of
obtaining information on--
(1) the extent and technical specifics of cooperation and
assistance by Russia in the development by Iran of a ballistic
missile capability; and
(2) the technical nature of Iranian ballistic missile
capabilities.
(b) Limitation on Fiscal Year 1998 Cooperative Ballistic Missile
Defense Projects.--(1) The amount described in paragraph (2) may not be
obligated until the Secretary of Defense determines, and certifies to
Congress, that the Russian government is providing full cooperation to
the United States and its allies in the obtaining of the information
described in subsection (a). Such a certification shall be submitted
not later than 30 days after the date of such a determination. The
Secretary shall include with the certification a description of the
basis for the Secretary's determination.
(2) The amount referred to in paragraph (1) is $3,000,000 of the
funds appropriated for fiscal year 1998 for Russian cooperative
ballistic missile defense projects as part of the amount appropriated
for that fiscal year for missile defense programs of the Ballistic
Missile Defense Organization.
SEC. 5. DEPARTMENT OF DEFENSE MEASURES TO COUNTER IRAN BALLISTIC
MISSILE THREAT.
(a) Acceleration of Navy Theater-Wide Missile Defense System.--(1)
The amount for the Navy Theater-Wide missile defense system described
in paragraph (2) is hereby authorized and may be used to accelerate the
development of that system through additional testing and risk
reduction.
(2) The amount referred to in paragraph (1) is the amount of
$65,000,000 appropriated for the Navy Theater-Wide missile defense
system for fiscal year 1998 in the Department of Defense Appropriations
Act, 1998, that is in excess of the amount authorized to be
appropriated for that system for fiscal year 1998 in the National
Defense Authorization Act for Fiscal Year 1998.
(b) Other Ballistic Missile Defense Measures.--There is hereby
authorized to be appropriated for the Department of Defense for fiscal
year 1998 for Defense-wide research, development, test, and evaluation
$215,000,000, to be available as follows:
(1) $20,000,000 for the Joint Composite Tracking Network.
(2) $15,000,000 for theater battle management, command,
control, and communications (BM/C<SUP>3</SUP>) to validate the
interoperability of the Army's Theater High-Altitude Area
Defense (THAAD) ground-based radar and to accelerate the final
phases of development leading to operational upgrade of the
Aegis Spy-1 radar.
(3) $5,000,000 for enhancement of integration activities
associated with the capabilities for a reinforced theater
missile defense family of system architectures oriented toward
the threat in the Middle East and Persian Gulf region.
(4) $35,000,000 for two Cobra Gemini radars to improve
tracking and target discrimination.
(5) $15,000,000 to accelerate the remote launch capability
for the Patriot Advanced Capability (PAC-3) missile defense
system, including use of an existing prototype Theater High-
Altitude Area Defense (THAAD) ground-based radar, to enlarge
the area defended by that system.
(6) $25,000,000 to be available for production enhancements
for the PAC-3 system to accelerate operational deployment of
PAC-3 systems.
(7) $100,000,000 to be available for additional Theater
High-Altitude Area Defense (THAAD) User Operational Evaluation
System (UOES) missiles, to provide greater capability to defend
against longer-range Iranian ballistic missiles under
development.
(c) Study of Regional Infrastructure.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on improvements that could be made to the
United States military infrastructure in the Persian Gulf, Middle East,
and surrounding regions to improve the ability of United States Armed
Forces to support attack operations in the Middle East and Persian
Gulf. The Secretary shall include in the report the cost of each
improvement identified in the report.
(d) Limitation.--Funds appropriated pursuant to the authorization
in subsection (b)(7) may be obligated only after a successful THAAD
intercept.
SEC. 6. ISRAELI ARROW MISSILE DEFENSE SYSTEM.
(a) Additional United States Support.--There is hereby authorized
to be appropriated for defense-wide research, development, test, and
evaluation $110,000,000 to be available for support of the Israeli
Arrow tactical ballistic missile defense system, of which--
(1) $20,000,000 is for production enhancements to
accelerate deployment; and
(2) $90,000,000 is for additional missiles in order to
provide for more effective territorial coverage.
(b) Congressional Intent Concerning Arrow System.--The
authorization of appropriations for support of the Israeli Arrow
missile defense system under subsection (a) is a one-time authorization
for the purpose of protecting a United States ally and United States
citizens in the Middle East region in imminent peril.
SEC. 7. IMPLEMENTATION REPORT TO CONGRESS; FUNDING FLEXIBILITY.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the Iranian ballistic missile threat in the Middle East and Persian
Gulf regions. The report shall include a description of--
(1) the Secretary's plans for implementation of this Act,
including the Secretary's plan for use of funds appropriated
pursuant to the authorizations of appropriations in this Act;
and
(2) such additional steps as the Secretary considers
appropriate to meet the Iranian ballistic missile threat,
including an assessment of the funding implications of each of
those additional steps.
(b) Funding Flexibility.--If in the report under this section the
Secretary of Defense proposes measures to counter the ballistic missile
threat posed by Iran and proposes specific funding amounts for those
measures as an alternative to the measures and funding authorized by
this Act, the measures and funding proposed by the Secretary (within
the total amount authorized to be appropriated by this Act) shall be
considered to be authorized by law for purposes of section 114(a) of
title 10, United States Code. | Iran Missile Protection Act of 1997 - Directs the Secretary of Defense to enter into discussions with the Government of Russia to obtain information on: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian ballistic missile capabilities. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information.
Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for FY 1998 for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Directs the Secretary to report to the Congress on U.S. infrastructure changes in the Persian Gulf, Middle East, and surrounding areas that could improve the ability of U.S. armed forces to support attack operations in such areas.
Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril.
Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions. | Iran Missile Protection Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Victims of Violence
Confidentiality Act of 2005''.
SEC. 2. VICTIM SERVICE ORGANIZATION PRIVILEGE, AND HEALTH CARE
PROFESSIONAL PRIVILEGE, IN CASES ARISING UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) Privilege Established.--
(1) In general.--Subchapter XI of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice), is
amended by adding at the end the following new section:
``Sec. 941. Art. 141. Privilege for communication with victim service
organization or health care professional
``(a) General Rule of Privilege.--A client has a privilege to
refuse to disclose and to prevent any other person from disclosing a
confidential communication made between the client and a victim service
organization or any representative of the organization, or between the
client and a health care professional or any representative of the
professional, in a case arising under this chapter, if such
communication was made for the purpose of securing advice, counseling,
treatment, or assistance concerning the client's mental, physical, or
emotional condition caused by domestic violence, family vilolence,
dating violence, stalking, or sexual assault.
``(b) Definitions.--As used in this section:
``(1) The term `client' means a person who consults with or
is examined or interviewed by a victim service organization or
any representative of the organization, or by a health care
professional or any representative of the professional.
``(2) The term `victim service organization' means an
organization (whether public or private) that provides advice,
counseling, or assistance to victims of domestic violence,
family violence, dating violence, stalking, or sexual assault,
or to the families of such victims.
``(3) The term `representative', with respect to an
organization or professional, means a person directed by or
assigned to assist that organization or professional,
respectively, in providing advice, counseling, treatment, or
assistance.
``(4) The term `confidential communication'--
``(A) means a communication not intended to be
disclosed to third persons other than--
``(i) those to whom disclosure is in
furtherance of providing advice, counseling,
treatment, or assistance to the client; and
``(ii) those reasonably necessary for
disclosing under clause (i); and
``(B) in addition to communications under
subparagraph (A), also includes any information that
provides the client's identity or that provides any
clue that can be used to help deduce the client's
identity, such as--
``(i) a first or last name;
``(ii) a home or other physical address,
including street name and name of city or town;
``(iii) active duty, reservist, guard, or
veteran status;
``(iv) assigned rate or rank;
``(v) duty station or deployment status;
``(vi) squad, unit, company, platoon, ship,
squadron, wing command, fleet, command, or
battalion of the Army, Navy, Marine Corps, or
Air Force;
``(vii) 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;
``(viii) a telephone number;
``(ix) a Social Security Number;
``(x) an Internet Protocol (IP) address or
host name that identifies an individual;
``(xi) 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;
or
``(xii) any other descriptive information,
such as grade point average, date of birth,
academic or occupational assignments or
interests, athletic or extracurricular
interests, racial or ethnic background, or
religious affiliation.
``(c) Who May Claim the Privilege.--The privilege may be claimed by
the client or the guardian or conservator of the client. A person who
may claim the privilege may authorize trial counsel or defense counsel
to claim the privilege on his or her behalf. The victim service
organization, health care professional, or representative who received
the communication may claim the privilege on behalf of the client. The
authority of such an organization, professional, representative,
guardian, or conservator to so assert the privilege is presumed in the
absence of evidence to the contrary.
``(d) Exceptions.--There is no privilege under this section--
``(1) when the client is dead;
``(2) to the extent the communication reports child abuse;
``(3) when a victim service organization, health care
professional, or representative believes that a client's mental
or emotional condition makes the client a danger to any person,
including the client; or
``(4) if the communication clearly contemplated the future
commission of a fraud or crime or if the services of the victim
service organization or health care professional are sought or
obtained to enable or aid anyone to commit or plan to commit
what the client knew or reasonably should have known to be a
crime or fraud.''.
(2) Clerical amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``941. 141. Privilege for communication with victim service
organization or health care
professional.''.
(b) Applicability.--Section 941 of title 10, United States Code, as
added by subsection (a), applies to communications made after the date
of the enactment of this Act. | Military Victims of Violence Confidentiality Act of 2005 - Amends the Uniform Code of Military Justice (UCMJ) to provide that a client has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made between the client and a victim service organization, or between the client and a health care professional, in a case arising under the UCMJ, if such communication was made for securing advice, counseling, treatment, or assistance concerning the client's mental, physical, or emotional condition caused by domestic violence, family violence, dating violence, stalking, or sexual assault. Provides privilege exceptions. | To ensure that the confidential communications of a member of the Armed Forces with a victim service organization or a health care professional are not disclosed, and for other purposes. |
TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967
SEC. 101. SHORT TITLE.
This title may be cited as the ``Fishermen's Protective Act
Amendments of 2000''.
SEC. 102. EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
PROTECTIVE ACT OF 1967.
(a) In General.--Section 7(e) of the Fishermen's Protective Act of
1967 (22 U.S.C. 1977(e)) is amended by striking ``2000'' and inserting
``2003''.
(b) Clerical Amendment.--Section 7(a)(3) of the Fishermen's
Protective Act of 1967 (22 U.S.C. 1977(a)(3)) is amended by striking
``Secretary of the Interior'' and inserting ``Secretary of Commerce''.
TITLE II--YUKON RIVER SALMON
SEC. 201. SHORT TITLE.
This title may be cited as the ``Yukon River Salmon Act of 2000''.
SEC. 202. YUKON RIVER SALMON PANEL.
(a) Establishment.--
(1) In general.--There shall be a Yukon River Salmon Panel (in
this title referred to as the ``Panel'').
(2) Functions.--The Panel shall--
(A) advise the Secretary of State regarding the negotiation
of any international agreement with Canada relating to
management of salmon stocks originating from the Yukon River in
Canada;
(B) advise the Secretary of the Interior regarding
restoration and enhancement of such salmon stocks; and
(C) perform other functions relating to conservation and
management of such salmon stocks as authorized by this or any
other title.
(3) Designation as united states representatives on bilateral
body.--The Secretary of State may designate the members of the
Panel to be the United States representatives on any successor to
the panel established by the interim agreement for the conservation
of salmon stocks originating from the Yukon River in Canada agreed
to through an exchange of notes between the Government of the
United States and the Government of Canada on February 3, 1995, if
authorized by any agreement establishing such successor.
(b) Membership.--
(1) In general.--The Panel shall be comprised of six members,
as follows:
(A) One member who is an official of the United States
Government with expertise in salmon conservation and
management, who shall be appointed by the Secretary of State.
(B) One member who is an official of the State of Alaska
with expertise in salmon conservation and management, who shall
be appointed by the Governor of Alaska.
(C) Four members who are knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River, who shall be
appointed by the Secretary of State in accordance with
paragraph (2).
(2) Appointees from alaska.--(A) The Secretary of State shall
appoint the members under paragraph (1)(C) from a list of at least
three individuals nominated for each position by the Governor of
Alaska.
(B) In making the nominations, the Governor of Alaska may
consider suggestions for nominations provided by organizations with
expertise in Yukon River salmon fisheries.
(C) The Governor of Alaska may make appropriate nominations to
allow for appointment of, and the Secretary of State shall appoint,
under paragraph (1)(C)--
(i) at least one member who is qualified to represent the
interests of Lower Yukon River fishing districts; and
(ii) at least one member who is qualified to represent the
interests of Upper Yukon River fishing districts.
(D) At least one of the members appointed under paragraph
(1)(C) shall be an Alaska Native.
(3) Alternates.--(A) The Secretary of State may designate an
alternate Panel member for each Panel member the Secretary appoints
under paragraphs (1)(A) and (C), who meets the same qualifications,
to serve in the absence of the Panel member.
(B) The Governor of the State of Alaska may designate an
alternative Panel member for the Panel member appointed under
subsection (b)(1)(B), who meets the same qualifications, to serve
in the absence of that Panel member.
(c) Term Length.--Panel members and alternate Panel members shall
serve 4-year terms. Any individual appointed to fill a vacancy
occurring before the expiration of any term shall be appointed for the
remainder of that term.
(d) Reappointment.--Panel members and alternate Panel members shall
be eligible for reappointment.
(e) Decisions.--Decisions of the Panel shall be made by the
consensus of the Panel members appointed under subparagraphs (B) and
(C) of subsection (b)(1).
(f) Consultation.--In carrying out their functions, Panel members
may consult with such other interested parties as they consider
appropriate.
SEC. 203. ADVISORY COMMITTEE.
(a) Appointments.--The Governor of Alaska may establish and appoint
an advisory committee of not less than eight, but not more than 12,
individuals who are knowledgeable and experienced with regard to the
salmon fisheries on the Yukon River. At least two of the advisory
committee members shall be Alaska Natives. Members of the advisory
committee may attend all meetings of the Panel, and shall be given the
opportunity to examine and be heard on any matter under consideration
by the Panel.
(b) Compensation.--The members of such advisory committee shall
receive no compensation for their services.
(c) Term Length.--Members of such advisory committee shall serve 2-
year terms. Any individual appointed to fill a vacancy occurring before
the expiration of any term shall be appointed for the remainder of that
term.
(d) Reappointment.--Members of such advisory committee shall be
eligible for reappointment.
SEC. 204. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Panel or to an advisory committee established under section 203.
SEC. 205. AUTHORITY AND RESPONSIBILITY.
(a) Responsible Management Entity.--The State of Alaska Department
of Fish and Game shall be the responsible management entity for the
United States for the purposes of any agreement with Canada regarding
management of salmon stocks originating from the Yukon River in Canada.
(b) Effect of Designation.--The designation under subsection (a)
shall not be considered to expand, diminish, or otherwise change the
management authority of the State of Alaska or the Federal Government
with respect to fishery resources.
(c) Recommendations of Panel.--In addition to recommendations made
by the Panel to the responsible management entities in accordance with
any agreement with Canada regarding management of salmon stocks
originating from the Yukon River in Canada, the Panel may make
recommendations concerning the conservation and management of salmon
originating in the Yukon River to the Department of the Interior, the
Department of Commerce, the Department of State, the North Pacific
Fishery Management Council, and other Federal or State entities as
appropriate. Recommendations by the Panel shall be advisory in nature.
SEC. 206. ADMINISTRATIVE MATTERS.
(a) Compensation.--Panel members and alternate Panel members who
are not State or Federal employees shall receive compensation at the
daily rate of GS-15 of the General Schedule when engaged in the actual
performance of duties.
(b) Travel and Other Necessary Expenses.--Travel and other
necessary expenses shall be paid by the Secretary of the Interior for
all Panel members, alternate Panel members, and members of any advisory
committee established under section 203 when engaged in the actual
performance of duties.
(c) Treatment as Federal Employees.--Except for officials of the
United States Government, all Panel members, alternate Panel members,
and members of any advisory committee established under section 203
shall not be considered to be Federal employees while engaged in the
actual performance of duties, except for the purposes of injury
compensation or tort claims liability as provided in chapter 81 of
title 5, United States Code, and chapter 71 of title 28, United States
Code.
SEC. 207. YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT
PROJECTS.
(a) In General.--The Secretary of the Interior, in consultation
with the Secretary of Commerce, may carry out projects to restore or
enhance salmon stocks originating from the Yukon River in Canada and
the United States.
(b) Cooperation With Canada.--If there is in effect an agreement
between the Government of the United States and the Government of
Canada for the conservation of salmon stocks originating from the Yukon
River in Canada that includes provisions governing projects authorized
under this section, then--
(1) projects under this section shall be carried out in
accordance with that agreement; and
(2) amounts available for projects under this section--
(A) shall be expended in accordance with the agreement; and
(B) may be deposited in any joint account established by
the agreement to fund such projects.
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of the
Interior to carry out this title $4,000,000 for each of fiscal years
2000, 2001, 2002, and 2003, of which--
(1) such sums as are necessary shall be available each fiscal
year for travel expenses of Panel members, alternate Panel members,
United States members of the Joint Technical Committee established
by paragraph C.2 of the memorandum of understanding concerning the
Pacific Salmon Treaty between the Government of the United States
and the Government of Canada (recorded January 28, 1985), and
members of an advisory committee established and appointed under
section 203, in accordance with Federal Travel Regulations and
sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code;
(2) such sums as are necessary shall be available for the
United States share of expenses incurred by the Joint Technical
Committee and any panel established by any agreement between the
Government of the United States and the Government of Canada for
restoration and enhancement of salmon originating in Canada;
(3) up to $3,000,000 shall be available each fiscal year for
activities by the Department of the Interior and the Department of
Commerce for survey, restoration, and enhancement activities
related to salmon stocks originating from the Yukon River in
Canada, of which up to $1,200,000 shall be available each fiscal
year for Yukon River salmon stock restoration and enhancement
projects under section 207(b); and
(4) $600,000 shall be available each fiscal year for
cooperative salmon research and management projects in the portion
of the Yukon River drainage located in the United States that are
recommended by the Panel.
TITLE III--FISHERY INFORMATION ACQUISITION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Fisheries Survey Vessel
Authorization Act of 2000''.
SEC. 302. ACQUISITION OF FISHERY SURVEY VESSELS.
(a) In General.--The Secretary, subject to the availability of
appropriations, may in accordance with this section acquire, by
purchase, lease, lease-purchase, or charter, and equip up to six
fishery survey vessels in accordance with this section.
(b) Vessel Requirements.--Any vessel acquired and equipped under
this section must--
(1) be capable of--
(A) staying at sea continuously for at least 30 days;
(B) conducting fishery population surveys using
hydroacoustic, longlining, deep water, and pelagic trawls, and
other necessary survey techniques; and
(C) conducting other work necessary to provide fishery
managers with the accurate and timely data needed to prepare
and implement fishery management plans; and
(2) have a hull that meets the International Council for
Exploration of the Sea standard regarding acoustic quietness.
(c) Authorization.--To carry out this section there are authorized
to be appropriated to the Secretary $60,000,000 for each of fiscal
years 2002 and 2003.
TITLE IV--MISCELLANEOUS
SEC. 401. FISHERIES RESEARCH VESSEL PROCUREMENT.
Notwithstanding section 644 of title 15, United States Code, and
section 19.502-2 of title 48, Code of Federal Regulations, the
Secretary of Commerce shall seek to procure Fisheries Research Vessels
through full and open competition from responsible United States
shipbuilding companies irrespective of size.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Title II: Yukon River Salmon - Yukon River Salmon Act of 1999 - Establishes the Yukon River Salmon Panel. Includes among its duties: (1) advising the Secretary of State on the negotiation of any international agreement with Canada regarding management of salmon stocks originating from the Yukon River in Canada; and (2) advising the Secretary of the Interior on restoration and enhancement of those stocks. Authorizes the Secretary of State to designate Panel members to be the U.S. representatives on any successor to the panel established by a specified interim agreement between the United States and Canada for the conservation of salmon stocks, if authorized by any agreement establishing the successor.(Sec. 203) Authorizes the Governor of Alaska to establish and appoint an advisory committee of individuals knowledgeable regarding the Yukon River salmon fisheries. Allows committee members to attend all Panel meetings and requires that they be given the opportunity to examine and be heard on any Panel matter.(Sec. 205) Makes the State of Alaska Department of Fish and Game the responsible U.S. management entity for the purposes of any agreement with Canada regarding management of salmon stocks originating from the Yukon River.(Sec. 207) Authorizes the Secretary of the Interior to carry out projects to restore or enhance such salmon stocks.(Sec. 208) Authorizes appropriations.Title III: Fishery Information Acquisition - Fisheries Survey Vessel Authorization Act of 1999 - Authorizes the Secretary of Commerce to acquire and equip up to six fishery survey vessels. Authorizes appropriations.Title IV: Miscellaneous - Amends the Atlantic Tunas Convention Act of 1975 to make it unlawful for any person, other than a person holding a purse seine permit, to: (1) use an aircraft to locate or otherwise assist in fishing for, catching, or retaining Atlantic bluefin tuna; or (2) catch, possess, or retain Atlantic bluefin tuna located by use of an aircraft.(Sec. 402) Directs the Secretary of Commerce, notwithstanding specified provisions of the Small Business Act relating to awards or contracts and notwithstanding specified Federal regulations, to seek to procure Fisheries Research Vessels through full and open competition from United States shipbuilding companies irrespective of size. Requires, as an award criterion, that at least 40 percent of the value of the total construction and outfitting contract be obtained from small business concerns either directly or through subcontracting. | Fishermen's Protective Act Amendments of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom Trade Act''.
SEC. 2. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT FROM PRODUCTS OF
FOREIGN COUNTRIES THAT DO NOT MAINTAIN ACCEPTABLE
STANDARDS OF RELIGIOUS FREEDOM AND WORKER RIGHTS.
Title IV of the Trade Act of 1974 is amended by adding at the end
the following:
``CHAPTER 3--ADDITIONAL RESTRICTIONS ON TRADE RELATIONS WITH FOREIGN
COUNTRIES
``SEC. 441. WITHDRAWAL OF NORMAL TRADE RELATIONS TREATMENT.
``Effective on and after the end of the 6-month period beginning on
the date of the enactment of this chapter, and subject to the other
provisions of this chapter--
``(1) normal trade relations treatment shall not apply to
the products of a foreign country with respect to which a
certification described in section 442 is not in effect; and
``(2) the column 2 rate of duty in the Harmonized Tariff
Schedule of the United States shall apply to the products of
such a foreign country.
``SEC. 442. CERTIFICATION.
``(a) Initial Certification.--A certification described in section
441 is a certification that meets the following requirements:
``(1) The United States Commission on International
Religious Freedom and the Secretary of State certify to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate that the
foreign country is not engaging in violations of religious
freedom, as defined in section 3 of the International Religious
Freedom Act of 1998 (22 U.S.C. 6402).
``(2) The Secretary of State and the Secretary of Labor
certify to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the foreign country is not restricting the freedom
of workers to associate and the right of workers to organize
and bargain collectively.
``(3) The Secretary of State and the Secretary of Labor
certify to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the foreign country does not prohibit or limit the
functioning of free and independent labor unions.
``(b) Recertifications.--Not later than 12 months after the date on
which an initial certification is made under subsection (a) with
respect to a foreign country and every 12 months thereafter--
``(1) the United States Commission on International
Religious Freedom, the Secretary of State, and the Secretary of
Labor (as the case may be) shall transmit to the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate a recertification
that the conditions described in subsection (a) are continuing
to be met with respect to the foreign country; or
``(2) if the United States Commission on International
Religious Freedom, the Secretary of State, and the Secretary of
Labor (as the case may be) is unable to make such a
recertification with respect to the foreign country, the United
States Commission on International Religious Freedom, the
Secretary of State, and the Secretary of Labor shall transmit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains the reasons therefor.
``(c) Definitions.--For purposes of this section--
``(1) the right of workers to organize includes the right--
``(A) to establish and join organizations of
workers of their own choosing without previous
authorization, to write the constitutions and rules to
govern those organizations, to elect or select the
leadership of those organizations, and to determine the
agendas and programs of those organizations;
``(B) to join confederations of organizations of
workers, and affiliate with international organizations
of workers; and
``(C) to be protected against dissolution or
suspension of such organizations, confederations, or
affiliations by any governmental authority; and
``(2)(A) the term `free and independent labor union' means
a labor union that operates independently of any governmental
authority or ruling party, is not required to join or be
affiliated with a specific political party, and is allowed to
strike (subject to an exception for employees providing
essential services and a temporary exception during instances
of acute national emergency);
``(B) the term `acute national emergency' means a crisis in
which the normal conditions for the functioning of society are
absent, such as in the case of a serious conflict,
insurrection, or natural disaster; and
``(C) the term `essential services' means those services
that, if interrupted, would endanger the life, personal safety,
or health of the whole or part of the population.
``SEC. 443. RELATIONSHIP TO OTHER LAW.
``The prohibitions in section 441 apply to a foreign country in
addition to any other provision of law that otherwise operates as a
prohibition or limitation on trade relations with the foreign
country.''. | Freedom Trade Act - Amends the Trade Act of 1974 to deny nondiscriminatory treatment (normal trade relations treatment) from the products of a foreign country that: (1) engages in violations of religious freedom, (2) restricts the freedom of workers to associate and to organize and bargain collectively, or (3) prohibits or limits the functioning of free and independent labor unions. | To withdraw normal trade relations treatment from the products of foreign countries that do not maintain acceptable standards of religious freedom and worker rights. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Force Science and Technology
Reinvigoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) When the Air Force was established in 1947 as an
independent service, its founders expected that it would ensure
that scientific research and technology development would be a
priority of America's aeronautical defenses.
(2) Scientific investigation, accompanied by the new
knowledge it generates, is the cornerstone of air, space, and
information superiority. To maintain air, space, and
information superiority, a strong research base is critical.
Sustaining a strong research and development base is a
continuous effort, taking place both inside and outside the Air
Force and involving the best minds of the Nation.
(3) The vision of Air Force founder General Henry H. Arnold
and others--that the Air Force should be built around science--
remains as vital today as it was more than 50 years ago.
(4) Investment in Air Force research and development has
resulted in benefits to American industry, especially the
aerospace industry, and made significant contributions to the
American economy.
SEC. 3. SENSE OF CONGRESS REGARDING SCIENCE AND TECHNOLOGY FUNCTIONS OF
THE DEPARTMENT OF THE AIR FORCE.
It is the sense of Congress that--
(1) to ensure sufficient financial resources are devoted to
emerging technologies, not less than 2.5 percent of the funds
available for obligation by the Air Force should be dedicated
to science and technology;
(2) management and funding for science and technology by
the Air Force should be separate from management and funding
for acquisition by the Air Force;
(3) to increase long-term investments, not less than 15
percent of science and technology funds available for
obligation by the Air Force should be invested in new
technology areas, including critical information technology
programs, for the next 5 years;
(4) to maintain a sufficient base of scientists and
engineers to meet the technological challenges of the future,
the Air Force should--
(A) increase the number of Air Force officers and
civilian employees holding doctorate degrees in
technical fields; and
(B) increase the number and variety of technical
degrees at the master's level granted to Air Force
officers and civilian employees from both the Air Force
Institute of Technology and civilian universities; and
(5) to ensure Air Force science and technology does not
stagnate, a concentrated effort should be made to eliminate 5
percent of science and technology programs each year, with
funds from the discontinued programs used for new science and
technology programs.
SEC. 4. AMENDMENTS RELATING TO SCIENCE AND TECHNOLOGY FUNCTIONS OF THE
DEPARTMENT OF THE AIR FORCE.
(a) Separation of Research and Development Function from Equipping
Function of Secretary of the Air Force.--Section 8013(b) of title 10,
United States Code, is amended--
(1) in paragraph (4), by striking ``(including research and
development)''; and
(2) by adding at the end the following new paragraph:
``(13) Research and development.''.
(b) Research and Development Function of the Office of the
Secretary of the Air Force.--(1) Section 8014(c)(1) of such title is
amended by adding at the end the following new subparagraph:
``(H) Research and Development.''.
(2) Section 8014 of such title is amended--
(A) by striking out subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
(c) Establishment of Assistant Secretary of the Air Force for
Science and Technology.--(1) Section 8016 of such title is amended--
(A) in subsection (a), by striking out ``four'' and
inserting in lieu thereof ``five''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(4) One of the Assistant Secretaries shall be the Assistant
Secretary of the Air Force for Science and Technology. The Assistant
Secretary shall have as his principal duty the overall supervision of
science and technology functions of the Department of the Air Force.''.
(2) Section 5315 of title 5, United States Code, is amended in the
item relating to the Assistant Secretaries of the Air Force by striking
out ``(4)'' and inserting in lieu thereof ``(5)''.
(d) Establishment of Deputy Chief of Staff for Science and
Technology.--Section 8035 of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(c) One of the Deputy Chiefs of Staff shall be the Deputy Chief
of Staff for Science and Technology.''.
SEC. 5. STUDY.
(a) Requirement.--The Secretary of the Air Force shall enter into a
contract with the National Research Council of the National Academy of
Sciences to study the technology base of the Air Force.
(b) Matters Covered.--The study shall--
(1) recommend the minimum requirements to maintain a
technology base that is sufficient, based on both historical
developments and future projections, to project superiority in
air and space weapons systems, and information technology;
(2) address the effects on national defense and civilian
aerospace industries and information technology by reducing
funding below the minimum level described in paragraph (1) of
section 3; and
(3) recommend the appropriate level of staff holding
baccalaureate, masters, and doctorate degrees, and the optimal
ratio of civilian and military staff holding such degrees, to
ensure that science and technology functions of the Air Force
remain vital.
(c) Report.--Not later than 120 days after the date on which the
study required under subsection (a) is completed, the Secretary shall
submit to Congress a report on the results of the study. | Air Force Science and Technology Reinvigoration Act - Expresses the sense of the Congress that: (1) not less than two and one-half percent of the funds available for obligation by the Air Force should be dedicated to science and technology; (2) management and funding for science and technology by the Air Force should be separate from management and funding for acquisition; (3) not less than 15 percent of science and technology funds available for obligation by the Air Force should be invested in new technology areas, including critical information technology programs, for the next five years; (4) the Air Force should increase the number of Air Force officers and civilian employees holding doctorate degrees in technical fields and the number and variety of technical degrees at the master's level granted to Air Force officers and civilian employees from both the Air Force Institute of Technology and civilian universities; and (5) a concentrated effort should be made to eliminate five percent of science and technology programs each year, with funds from the discontinued programs used for new science and technology programs.
Makes amendments relating to science and technology functions of the Department of the Air Force, including to: (1) make research and development a separate function of the Secretary of the Air Force, (currently included as an equipping function of the Secretary); (2) make the Office of the Secretary of the Air Force solely responsible for research and development functions within the Office of the Secretary and the Air Staff; (3) establish in the Office of the Secretary of the Air Force an Assistant Secretary of the Air Force for Science and Technology to be responsible for the overall supervision of science and technology functions of the Department of the Air Force; and (4) establish within the Air Staff a Deputy Chief of Staff for Science and Technology.
Directs the Secretary of the Air Force to enter into a contract with the National Research Council of the National Academy of Sciences to study the technology base of the Air Force. Requires such study to: (1) recommend the minimum requirements to maintain a technology base that is sufficient, based on both historical developments and future projections, to project superiority in air and space weapons systems and information technology; (2) address the effects on national defense and civilian aerospace industries and information technology by reducing funding below the minimum level of two and one- half percent; and (3) recommend the appropriate level of staff holding baccalaureate, masters, and doctorate degrees, and the optimal ratio of civilian and military staff holding such degrees, to ensure that science and technology functions of the Air Force remain vital. | Air Force Science and Technology Reinvigoration Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dehydroepiandrosterone Abuse
Reduction Act of 2007''.
SEC. 2. DEHYDROEPIANDROSTERONE.
(a) In General.--Part D of title II of the Controlled Substances
Act (21 U.S.C. 841 et seq.) is amended by adding at the end the
following:
``SEC. 424. CIVIL PENALTIES FOR CERTAIN DEHYDROEPIANDROSTERONE SALES.
``(a) In General.--
``(1) Sale.--
``(A) In general.--Except as provided in paragraph
(2), it shall be unlawful for any person to knowingly
sell, cause another to sell, or conspire to sell a
product containing dehydroepiandrosterone to an
individual under the age of 18 years, including any
such sale using the Internet.
``(B) Failure to check identification.--If a person
fails to request identification from an individual
under the age of 18 years and sells a product
containing dehydroepiandrosterone to that individual,
that person shall be deemed to have known that the
individual was under the age of 18 years.
``(C) Affirmative defense.--It shall be an
affirmative defense to an alleged violation of
subparagraph (A) that the person selling a product
containing dehydroepiandrosterone examined the
purchaser's identification card and, based on that
examination, that person reasonably concluded that the
identification was valid and indicated that the
purchaser was not less than 18 years of age.
``(2) Exception.--This section shall not apply to any sale
made pursuant to a validly issued prescription.
``(b) Fines.--
``(1) In general.--The Attorney General may impose a civil
penalty on a person for violating subsection (a)(1)(A),
including a violation of that subsection committed by an
employee or agent of such person.
``(2) Maximum amount.--A civil penalty imposed under
paragraph (1) shall be--
``(A) not more than $1,000 for the first violation
of subsection (a)(1)(A) by a person;
``(B) not more than $2,000 for the second violation
of subsection (a)(1)(A) by a person; and
``(C) not more than $5,000 for the third violation,
or a subsequent violation, of subsection (a)(1)(A) by a
person.
``(3) Number of violations.--If a person makes sales of
dehydroepiandrosterone at more than 1 location, for purposes of
determining the number of violations by that person under this
subsection each individual location operated by that person
shall be considered a separate person.
``(c) Definition of Identification Card.--In this section, the term
`identification card' means an identification card that--
``(1) includes a photograph and the date of birth of the
individual;
``(2) is issued by a State or the Federal Government; and
``(3) is considered acceptable for purposes of sections
274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B)(1) of title 8, Code
of Federal Regulations (as in effect on or after the date of
the enactment of the Dehydroepiandrosterone Abuse Reduction Act
of 2007).''.
(b) Regulations.--
(1) Internet sales.--Not later than 180 days after the date
of enactment of this Act, the Attorney General of the United
States shall promulgate regulations for Internet sales of
products containing dehydroepiandrosterone to ensure compliance
with section 424 of the Controlled Substances Act, as added by
this Act.
(2) Civil penalties.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Attorney General of
the United States shall promulgate regulations to carry
out section 424 of the Controlled Substances Act, as
added by this Act.
(B) Contents.--The regulations promulgated under
subparagraph (A) shall--
(i) provide for a range of fines for a
retailer, based on whether the retailer or an
employee or agent of that retailer has
committed prior violations of section 424(a) of
the Controlled Substances Act, as added by this
Act; and
(ii) require consideration of whether a
fine to be imposed on a retailer should be
reduced or eliminated based on--
(I) the establishment and
administration of an effective employee
training program by a retailer relating
to this Act and the amendments made by
this Act; or
(II) other actions taken by a
retailer to ensure compliance with this
Act and the amendments made by this
Act.
(3) Definition of retailer.--In this subsection, the term
``retailer'' means a grocery store, general merchandise store,
drug store, convenience store, or other entity or person whose
activities as a distributor relating to products containing
dehydroepiandrosterone are limited almost exclusively to sales
for personal use, both in number of sales and volume of sales,
either directly to walk-in customers or in face-to-face
transactions by direct sales.
(c) Technical and Conforming Amendment.--The table of contents for
the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public
Law 91-513; 84 Stat. 1236) is amended by inserting after the item
relating to section 423 the following:
``Sec. 424. Dehydroepiandrosterone sales.''.
(d) Effect on State Law.--This section and the amendments made by
this section shall supersede any provision of the law of any State
relating to the sale of dehydroepiandrosterone. | Dehydroepiandrosterone Abuse Reduction Act of 2007 - Amends the Controlled Substances Act to impose civil penalties for knowingly selling, causing another to sell, or conspiring to sell a product containing dehydroepiandrosterone to an individual under the age of 18 years, including any such sale using the Internet. | A bill to amend the Controlled Substances Act to prevent the abuse of dehydroepiandrosterone, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sensible Estate Tax Act of 2016''.
SEC. 2. ESTATE AND GIFT TAX RETURNED TO 2009 LEVELS.
(a) Estate Tax.--
(1) Rate schedule.--Subsection (c) of section 2001 of the
Internal Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to
which the tentative
tax to be computed is: The tentative tax is:
Not over $10,000...............
18% of such amount.
Over $10,000 but not over
$20,000.
$1,800, plus 20 percent of the
excess of such amount
over $10,000.
Over $20,000 but not over
$40,000.
$3,800, plus 22% of the excess
of such amount over
$20,000.
Over $40,000 but not over
$60,000.
$8,200, plus 24% of the excess
of such amount over
$40,000.
Over $60,000 but not over
$80,000.
$13,000, plus 26% of the excess
of such amount over
$60,000.
Over $80,000 but not over
$100,000.
$18,200, plus 28% of the excess
of such amount over
$80,000.
Over $100,000 but not over
$150,000.
$23,800, plus 30% of the excess
of such amount over
$100,000.
Over $150,000 but not over
$250,000.
$38,800, plus 32% of the excess
of such amount over
$150,000.
Over $250,000 but not over
$500,000.
$70,800, plus 34% of the excess
of such amount over
$250,000.
Over $500,000 but not over
$750,000.
$155,800, plus 37% of the
excess of such amount
over $500,000.
Over $750,000 but not over
$1,000,000.
$248,300, plus 39% of the
excess of such amount
over $750,000.
Over $1,000,000 but not over
$1,250,000.
$345,800, plus 41% of the
excess of such amount
over $1,000,000.
Over $1,250,000 but not over
$1,500,000.
$448,300, plus 43% of the
excess of such amount
over $1,250,000.
Over $1,500,000................
$555,800, plus 45% of the
excess of such amount
over $1,500,000.''.
(2) Exemption amount.--Paragraph (3) of section 2010(c) of
such Code is amended to read as follows:
``(3) Basic exclusion amount.--For purposes of this
subsection, the basic exclusion amount is $3,500,000.''.
(b) Gift Tax.--
(1) Limitation on basic exclusion amount for purposes of
determining applicable credit amount.--Paragraph (1) of section
2505(a) of the Internal Revenue Code of 1986 is amended by
inserting ``(determined as if the basic exclusion amount were
$1,000,000 and the deceased spousal unused exclusion amount was
modified under subsection (d))'' after ``calendar year''.
(2) Modification of deceased spousal unused exclusion
amount.--Section 2505 of such Code is amended by adding at the
end the following:
``(d) Modification of Deceased Spousal Unused Exclusion Amount.--In
the case of a surviving spouse who is the last spouse of the decedent
with respect to whom an election is made under section 2010(c)(5), the
deceased spousal unused exclusion amount with respect to such surviving
spouse shall be determined as if such amount were the lesser of--
``(1) $1,000,000, and
``(2) applicable exclusion amount of the decedent reduced
by the amount with respect to which the tentative tax is
determined under section 2001(b)(1) on the estate of the
decedent.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying and gifts made after December 31,
2016. | Sensible Estate Tax Act of 2016 This bill amends the Internal Revenue Code to modify the estate and gift taxes. For the estate tax, the bill increases the rates and decreases the amount that is excluded from the tax. For the gift tax, the bill establishes a separate lifetime exclusion amount. (Under current law, the estate and gift taxes share a unified exclusion amount.) | Sensible Estate Tax Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Advocate Act of
2012''.
SEC. 2. OFFICES OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION.
(a) Appointment and Position of Director.--Section 15(k)(2) of the
Small Business Act (15 U.S.C. 644(k)(2)) is amended by striking ``such
agency,'' and inserting ``such agency to a position that is a Senior
Executive Service position (as such term is defined under section
3132(a) of title 5, United States Code), except that, for any agency in
which the positions of Chief Acquisition Officer and senior procurement
executive (as such terms are defined under section 44(a) of this Act)
are not Senior Executive Service positions, the Director of Small and
Disadvantaged Business Utilization may be appointed to a position
compensated at not less than the minimum rate of basic pay payable for
grade GS-15 of the General Schedule under section 5332 of such title
(including comparability payments under section 5304 of such title);''.
(b) Performance Appraisals.--Section 15(k)(3) of such Act (15
U.S.C. 644(k)(3)) is amended--
(1) by striking ``be responsible only to, and report
directly to, the head'' and inserting ``shall be responsible
only to (including with respect to performance appraisals), and
report directly and exclusively to, the head''; and
(2) by striking ``be responsible only to, and report
directly to, such Secretary'' and inserting ``be responsible
only to (including with respect to performance appraisals), and
report directly and exclusively to, such Secretary''.
(c) Small Business Technical Advisers.--Section 15(k)(8)(B) of such
Act (15 U.S.C. 644(k)(8)(B)) is amended--
(1) by striking ``and 15 of this Act,'' and inserting ``,
15, and 44 of this Act;''; and
(2) by inserting after ``of this Act'' the following:
``(giving priority in assigning to small business that are in
metropolitan statistical areas for which the unemployment rate
is higher than the national average unemployment rate for the
United States)''.
(d) Additional Requirements.--Section 15(k) of such Act (15 U.S.C.
644(k)) is amended by inserting after paragraph (10) the following:
``(11) shall review and advise such agency on any decision
to convert an activity performed by a small business concern to
an activity performed by a Federal employee;
``(12) shall provide to the Chief Acquisition Officer and
senior procurement executive of such agency advice and comments
on acquisition strategies, market research, and justifications
related to section 44 of this Act;
``(13) may provide training to small business concerns and
contract specialists, except that such training may only be
provided to the extent that the training does not interfere
with the Director carrying out other responsibilities under
this subsection;
``(14) shall carry out exclusively the duties enumerated in
this Act, and shall, while the Director, not hold any other
title, position, or responsibility, except as necessary to
carry out responsibilities under this subsection; and
``(15) shall submit, each fiscal year, to the Committee on
Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
a report describing--
``(A) the training provided by the Director under
paragraph (13) in the most recently completed fiscal
year;
``(B) the percentage of the budget of the Director
used for such training in the most recently completed
fiscal year; and
``(C) the percentage of the budget of the Director
used for travel in the most recently completed fiscal
year.''.
(e) Requirement of Contracting Experience for OSDBU Director.--
Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), as amended
by this Act, is further amended, in the matter preceding paragraph (1),
by striking ``who shall'' and insert the following: ``, with at least
10 years of experience serving in any combination of the following
roles: federal contracting officer, small business technical advisor,
contracts administrator for federal government contracts, attorney
specializing in federal procurement law, small business liaison
officer, officer or employee who managed federal government contracts
for a small business, or individual whose primary responsibilities were
for the functions and duties of section 8, 15 or 44 of this Act. Such
officer or employee''.
(f) Technical Amendments.--Section 15(k) of such Act (15 U.S.C.
644(k)), as amended, is further amended--
(1) in paragraph (1)--
(A) by striking ``be known'' and inserting ``shall
be known''; and
(B) by striking ``such agency,'' and inserting
``such agency;'';
(2) in paragraph (2) by striking ``be appointed by'' and
inserting ``shall be appointed by'';
(3) in paragraph (3)--
(A) by striking ``director'' and inserting
``Director''; and
(B) by striking ``Secretary's designee,'' and
inserting ``Secretary's designee;'';
(4) in paragraph (4)--
(A) by striking ``be responsible'' and inserting
``shall be responsible''; and
(B) by striking ``such agency,'' and inserting
``such agency;'';
(5) in paragraph (5) by striking ``identify proposed'' and
inserting ``shall identify proposed'';
(6) in paragraph (6) by striking ``assist small'' and
inserting ``shall assist small'';
(7) in paragraph (7)--
(A) by striking ``have supervisory'' and inserting
``shall have supervisory''; and
(B) by striking ``this Act,'' and inserting ``this
Act;'';
(8) in paragraph (8)--
(A) by striking ``assign a'' and inserting ``shall
assign a''; and
(B) in subparagraph (A), by striking ``the
activity, and'' and inserting ``the activity; and'';
(9) in paragraph (9)--
(A) by striking ``cooperate, and'' and inserting
``shall cooperate, and''; and
(B) by striking ``subsection, and'' and inserting
``subsection;''; and
(10) in paragraph (10)--
(A) by striking ``make recommendations'' and
inserting ``shall make recommendations'';
(B) by striking ``subsection (a), or section'' and
inserting ``subsection (a), section'';
(C) by striking ``Act or section 2323'' and
inserting ``Act, or section 2323'';
(D) by striking ``Code. Such recommendations
shall'' and inserting ``Code, which shall''; and
(E) by striking ``contract file.'' and inserting
``contract file;''.
SEC. 3. SMALL BUSINESS PROCUREMENT ADVISORY COUNCIL.
(a) Duties.--Section 7104(b) of the Federal Acquisition
Streamlining Act of 1994 (15 U.S.C. 644 note) is amended--
(1) in paragraph (1) by striking ``and'' at the end;
(2) in paragraph (2) by striking ``authorities.'' and
inserting ``authorities;''; and
(3) by adding at the end the following:
``(3) to conduct reviews of each Office of Small and
Disadvantaged Business Utilization established under section
15(k) of the Small Business Act (15 U.S.C. 644(k)) to determine
the compliance of each Office with requirements under such
section;
``(4) to identify best practices for maximizing small
business utilization in Federal contracting that may be
implemented by Federal agencies having procurement powers; and
``(5) to submit, annually, to the Committee on Small
Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report
describing--
``(A) the comments submitted under paragraph (2)
during the 1-year period ending on the date on which
the report is submitted, including any outcomes related
to the comments;
``(B) the results of reviews conducted under
paragraph (3) during such 1-year period; and
``(C) best practices identified under paragraph (4)
during such 1-year period.''.
(b) Membership.--Section 7104(c)(3) of such Act (15 U.S.C. 644
note) is amended by striking ``(established under section 15(k) of the
Small Business Act (15 U.S.C. 644(k))''.
(c) Chairman.--Section 7104(d) of such Act (15 U.S.C. 644 note) is
amended by inserting after ``Small Business Administration'' the
following: ``(or the designee of the Administrator)''. | Small Business Advocate Act of 2012 - Amends the Small Business Act (the Act) to require the Director of the Small and Disadvantaged Business Utilization (established in each federal agency having procurement powers) to be compensated at least at the GS-15 rate and allows such position to be compensated at up to a Senior Executive Service level.
Includes as additional duties of each Director: (1) reviewing and advising on decisions to convert an activity performed by a small business to an activity performed by a federal employee; (2) providing advice and comments on acquisition strategies, market research, and justifications related to small business; (3) providing training to small businesses and contract specialists; (4) carrying out exclusively the duties enumerated under the Act and, while Director, not holding any other title, position, or responsibility, except as necessary to carry out such duties; and (5) reporting annually to the congressional small business committees on the provision of small business and contract specialist training.
Amends the Federal Acquisition Streamlining Act of 1994 to require the Small Business Procurement Advisory Council to: (1) conduct reviews of each Office of Small and Disadvantaged Business Utilization to determine compliance with Small Business Administration (SBA) requirements, (2) identify best practices for maximizing small business utilization in federal contracting, and (3) report annually to the small business committees on such reviews and best practices. | To amend the Small Business Act with respect to Offices of Small and Disadvantaged Business Utilization, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBA Microenterprise Improvements
Act''.
SEC. 2. MICROLOAN PROGRAM IMPROVEMENTS.
(a) Intermediary Eligibility Requirements.--Section 7(m)(2) of the
Small Business Act (15 U.S.C. 636(m)(2)) is amended--
(1) in subparagraph (A)--by striking ``in paragraph (10);
and'' and inserting ``of the term `intermediary' under
paragraph (11)(A);''; and
(2) in subparagraph (B)--
(A) by striking ``(B) has at least'' and inserting
the following:
``(B) has--
``(i) at least''; and
(B) by striking the period at the end and inserting
the following:
``; or
``(ii) a full-time employee who has not
less than 3 years experience making microloans
to startup, newly established, or growing small
business concerns; and
``(C) has at least 1 year experience providing, as
an integral part of its microloan program, intensive
marketing, management, and technical assistance to its
borrowers.''.
(b) Conforming Change in Average Smaller Loan Size.--Section
7(m)(3)(F)(iii) of the Small Business Act (15 U.S.C. 636(m)(3)(F)(iii))
is amended by striking ``$7,500'' and inserting ``$10,000''.
(c) Limitation on Third Party Technical Assistance.--Section
7(m)(4)(E)(ii) of the Small Business Act (15 U.S.C. 636(m)(4)(E)(ii))
is amended--
(1) by striking ``technical assistance'' in the heading and
inserting ``third party technical assistance''; and
(2) by striking ``25 percent'' and inserting ``30
percent''.
(d) Loan Terms.--Section 7(m)(1)(B)(i) of the Small Business Act
(15 U.S.C. 636(m)(1)(B)(i)) is amended by striking ``short-term,''.
(e) Report on Transferred Amounts.--Section 7(m)(9)(B) of the Small
Business Act (15 U.S.C. 636(m)(9)(B)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(i) In general.--The Administration'';
(2) by striking the period after ``financing''; and
(3) by adding at the end the following new clause:
``(ii) Report.--The Administration shall
report, in its annual budget request and
performance plan to Congress, on the
performance by the Administration of the
requirements of clause (i).''.
(f) Accurate Subsidy Model.--Section 7(m) of the Small Business Act
(15 U.S.C. 636(m)) is amended by adding at the end the following new
paragraph:
``(14) Improved subsidy model.--The Administrator shall
develop a subsidy model for the microloan program under this
subsection, to be used in the fiscal year 2006 budget, that is
more accurate than the subsidy model in effect on the day
before the date of enactment of this paragraph.''.
(g) Increased Flexibility for Providing Technical Assistance to
Potential Borrowers.--Section 7(m)(4)(E)(i) of the Small Business Act
(15 U.S.C. 636(m)(4)(E)(i)) is amended by striking ``25 percent'' and
inserting ``30 percent''.
SEC. 3. PRIME REAUTHORIZATION AND TRANSFER TO THE SMALL BUSINESS ACT.
(a) Program Reauthorization.--Subtitle C of title I of the Riegle
Community Development and Regulatory Improvement Act of 1994 (15 U.S.C.
6901 note) is amended to read as follows:
``SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Administration.--The term `Administration' means the
Small Business Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration.
``(3) Capacity building services.--The term `capacity
building services' means services provided to an organization
that is, or that is in the process of becoming, a
microenterprise development organization or program, for the
purpose of enhancing its ability to provide training and
services to disadvantaged entrepreneurs.
``(4) Collaborative.--The term `collaborative' means 2 or
more nonprofit entities that agree to act jointly as a
qualified organization under this section.
``(5) Disadvantaged entrepreneur.--The term `disadvantaged
entrepreneur' means a microentrepreneur that--
``(A) is a low-income person;
``(B) is a very low-income person; or
``(C) lacks adequate access to capital or other
resources essential for business success, or is
economically disadvantaged, as determined by the
Administrator.
``(6) Disadvantaged native american entrepreneur.--The term
`disadvantaged Native American entrepreneur' means a
disadvantaged entrepreneur who is also a member of an Indian
Tribe.
``(7) Indian tribe.--The term `Indian tribe' has the same
meaning as in section 4(a) of the Indian Self-Determination and
Education Assistance Act.
``(8) Intermediary.--The term `intermediary' means a
private, nonprofit entity that seeks to serve microenterprise
development organizations and programs, as authorized under
subsection (d).
``(9) Low-income person.--The term `low-income person'
means having an income, adjusted for family size, of not more
than--
``(A) for metropolitan areas, 80 percent of the
area median income; and
``(B) for nonmetropolitan areas, the greater of--
``(i) 80 percent of the area median income;
or
``(ii) 80 percent of the statewide
nonmetropolitan area median income.
``(10) Microentrepreneur.--The term `microentrepreneur'
means the owner or developer of a microenterprise.
``(11) Microenterprise.--The term `microenterprise' means a
sole proprietorship, partnership, or corporation that--
``(A) has fewer than 5 employees; and
``(B) generally lacks access to conventional loans,
equity, or other banking services.
``(12) Microenterprise development organization or
program.--The term `microenterprise development organization or
program' means a nonprofit entity, or a program administered by
such an entity, including community development corporations or
other nonprofit development organizations and social service
organizations, that provides services to disadvantaged
entrepreneurs.
``(13) Training and technical assistance.--The term
`training and technical assistance' means services and support
provided to disadvantaged entrepreneurs, such as assistance for
the purpose of enhancing business planning, marketing,
management, financial management skills, and assistance for the
purpose of accessing financial services.
``(14) Very low-income person.--The term `very low-income
person' means having an income, adjusted for family size, of
not more than 150 percent of the poverty line (as defined in
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)), including any revision required by that
section).
``(b) Establishment of Program.--The Administrator shall establish
a microenterprise technical assistance and capacity building grant
program to provide assistance from the Administration in the form of
grants to qualified organizations in accordance with this section.
``(c) Uses of Assistance.--A qualified organization shall use
grants made under this section--
``(1) to provide training and technical assistance to
disadvantaged entrepreneurs;
``(2) to provide training and capacity building services to
microenterprise development organizations and programs and
groups of such organizations to assist such organizations and
programs in developing microenterprise training and services;
``(3) to aid in researching and developing the best
practices in the field of microenterprise and technical
assistance programs for disadvantaged entrepreneurs;
``(4) to provide training and technical assistance to
disadvantaged Native American entrepreneurs and prospective
entrepreneurs; and
``(5) for such other activities as the Administrator
determines are consistent with the purposes of this section.
``(d) Qualified Organizations.--For purposes of eligibility for
assistance under this section, a qualified organization shall be--
``(1) a nonprofit microenterprise development organization
or program (or a group or collaborative thereof) that has a
demonstrated record of delivering microenterprise services to
disadvantaged entrepreneurs;
``(2) an intermediary;
``(3) a microenterprise development organization or program
that is accountable to a local community, working in
conjunction with a State or local government or Indian tribe;
or
``(4) an Indian tribe acting on its own, if the Indian
tribe can certify that no private organization or program
referred to in this subsection exists within its jurisdiction.
``(e) Allocation of Assistance; Subgrants.--
``(1) Allocation of assistance.--
``(A) In general.--The Administrator shall allocate
assistance from the Administration under this section
to ensure that--
``(i) activities described in subsection
(c)(1) are funded using not less than 75
percent of amounts made available for such
assistance; and
``(ii) activities described in subsection
(c)(2) are funded using not less than 15
percent of amounts made available for such
assistance.
``(B) Limit on individual assistance.--No single
person may receive more than 10 percent of the total
funds appropriated under this section in a single
fiscal year.
``(2) Targeted assistance.--The Administrator shall ensure
that not less than 50 percent of the grants made under this
section are used to benefit very low-income persons, including
those residing on Indian reservations.
``(3) Subgrants authorized.--
``(A) In general.--A qualified organization
receiving assistance under this section may provide
grants using that assistance to qualified small and
emerging microenterprise organizations and programs,
subject to such rules and regulations as the
Administrator determines to be appropriate.
``(B) Limit on administrative expenses.--Not more
than 7.5 percent of assistance received by a qualified
organization under this section may be used for
administrative expenses in connection with the making
of subgrants under subparagraph (A).
``(4) Diversity.--In making grants under this section, the
Administrator shall ensure that grant recipients include both
large and small microenterprise organizations, serving urban,
rural, and Indian tribal communities serving diverse
populations.
``(5) Prohibition on preferential consideration of certain
sba program participants.--In making grants under this section,
the Administrator shall ensure that any application made by a
qualified organization that is a participant in the program
established under section 7(m) of the Small Business Act does
not receive preferential consideration over applications from
other qualified organizations that are not participants in such
program.
``(f) Matching Requirements.--
``(1) In general.--Financial assistance under this section
shall be matched with funds from sources other than the Federal
Government on the basis of not less than 50 percent of each
dollar provided by the Administration.
``(2) Sources of matching funds.--Fees, grants, gifts,
funds from loan sources, and in-kind resources of a grant
recipient from public or private sources may be used to comply
with the matching requirement in paragraph (1).
``(3) Exception.--
``(A) In general.--In the case of an applicant for
assistance under this section with severe constraints
on available sources of matching funds, the
Administrator may reduce or eliminate the matching
requirements of paragraph (1).
``(B) Limitation.--Not more than 10 percent of the
total funds made available from the Administration in
any fiscal year to carry out this section may be
excepted from the matching requirements of paragraph
(1), as authorized by subparagraph (A) of this
paragraph.
``(g) Applications for Assistance.--An application for assistance
under this section shall be submitted in such form and in accordance
with such procedures as the Administrator shall establish.
``(h) Recordkeeping and Reporting.--
``(1) In general.--Each organization that receives
assistance from the Administration in accordance with this
section shall--
``(A) submit to the Administration not less than
once in every 18-month period, financial statements
audited by an independent certified public accountant;
``(B) submit an annual report to the Administration
on its activities; and
``(C) keep such records as may be necessary to
disclose the manner in which any assistance under this
section is used.
``(2) Access.--The Administration shall have access upon
request, for the purposes of determining compliance with this
section, to any records of any organization that receives
assistance from the Administration in accordance with this
section.
``(3) Data collection.--Each organization that receives
assistance from the Administration in accordance with this
section shall collect information relating to, as applicable--
``(A) the number of individuals counseled or
trained;
``(B) the number of hours of counseling provided;
``(C) the number of startup small business concerns
formed;
``(D) the number of small business concerns
expanded;
``(E) the number of low-income individuals
counseled or trained; and
``(F) the number of very low-income individuals
counseled or trained.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Administrator $15,000,000 for each of the fiscal years
2005 through 2007 to carry out the provisions of this section,
which shall remain available until expended.
``(2) Training for native american entrepreneurs.--In
addition to the amount authorized under subsection (i)(1),
there are authorized to be appropriated to the Administrator
$2,000,000 for each of the fiscal years 2005 through 2007 to
carry out the provisions of subsection (c)(4), which shall
remain available until expended.''.
(b) Transfer Provisions.--
(1) Small business act amendments.--The Small Business Act
(15 U.S.C. 631 et seq.) is amended by redesignating section 37
as section 38.
(2) Transfer.--Section 37 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C.
6901 note), as so designated by subsection (a) of this section,
is transferred to, and inserted after, section 36 of the Small
Business Act.
(c) References.--All references in Federal law to the ``Program for
Investment in Microentrepreneurs Act of 1999'' or the ``PRIME Act''
shall be deemed to be references to section 37 of the Small Business
Act, as added by this section.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall affect any grant or assistance
provided under the Program for Investment in Microentrepreneurs Act of
1999, before the date of enactment of this Act, and any such grant or
assistance shall be subject to the Program for Investment in
Microentrepreneurs Act of 1999, as in effect on the day before the date
of enactment of this Act. | SBA Microenterprise Improvements Act - Amends the Small Business Act to revise the Small Business Administration's (SBA's) microloan program (a program under which SBA loans and grants are made to intermediaries, who then make loans to small businesses and provide to borrowers technical assistance, such as managerial and strategic advice) to: (1) revise eligibility requirements for microloan intermediaries; (2) increase from $7,500 to $10,000 the microloan small loan limit; (3) increase from 25 to 30 the percentage of a microloan grant that an intermediary may use to contract-out the provision of technical assistance by a third party; (4) remove the requirement that intermediaries make only short-term loans to small businesses; (5) require an annual report from the SBA to Congress on microloan amounts transferred to cover administrative expenses of technical assistance grants; (6) require the Administrator to develop a subsidy microloan program model that is more accurate than the current model; and (7) increase from 25 to 30 the percentage of technical assistance that an intermediary may provide to potential (rather than actual) borrowers.
Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to revise the Program for Investment in Microentrepreneurs (PRIME), a program to provide SBA assistance for the benefit of disadvantaged entrepreneurs through grants to qualified organizations. Authorizes a qualified organization to use grants to provide training and technical assistance to disadvantaged Native American entrepreneurs and prospective entrepreneurs. Requires each organization receiving assistance under PRIME to: (1) submit an annual activities report to the SBA; and (2) collect data on individuals counseled or trained and related information. Extends through FY 2007 the authorization of appropriations for PRIME. | To make improvements to the microenterprise programs administered by the Small Business Administration. |
SECTION 1. PROMPT CONSIDERATION OF CERTAIN PETITIONS REQUESTING FEDERAL
RECOGNITION AS AN INDIAN TRIBE.
(a) Time Period for Proposed Finding.--Not later than 6 months
after the date of the enactment of this Act, the Secretary shall
publish a proposed finding with respect to the petition for Federal
recognition of each eligible tribe consistent with part 83 of title 25,
Code of Federal Regulations.
(b) Time Period for Final Determination.--Not later than one year
after the date of the enactment of this Act, the Secretary shall
publish a final determination with respect to the petition for Federal
recognition of each eligible tribe.
(c) Notification; Opt in.--
(1) Notification of tribes.--Not later than 45 days after
the date of the enactment of this Act, the Secretary shall
notify, in writing, all potentially eligible tribes that they
may opt into the expedited procedure for proposed findings and
final determinations under this Act and of the provisions of
paragraph (2).
(2) Opt in.--If, not later than 90 days after the date of
the enactment of this Act, a potentially eligible tribe
notifies the Secretary, in writing, that the potentially
eligible tribe elects to opt into the expedited procedures
under this Act, the potentially eligible tribe shall be
considered an eligible tribe for the purposes of this Act.
Potentially eligible tribes shall not be considered eligible
tribes for the purposes of this Act if notification is not made
by the potentially eligible tribe in accordance with this
paragraph.
(d) Number of Members Not a Factor.--The number of persons listed
on the membership roll contained in a petition for Federal recognition
of an eligible tribe shall not be taken into account in considering the
petition, except that the Secretary may review the eligibility of
individual members or groups listed in a petition in accordance with
the provisions of part 83 of title 25, Code of Federal Regulations.
(e) Effect of Failure To Comply.--If the Secretary fails to publish
a proposed finding required by subsection (a) or a final determination
required by subsection (b) by the end of the time period required for
the proposed finding or final determination by such subsections, the
relevant eligible tribe may seek in the appropriate United States
district court a determination by the court of whether the eligible
tribe should be recognized as an Indian tribe in accordance with the
criteria specified in section 83.7 of title 25, Code of Federal
Regulations. In any such action, the court shall treat such failure by
the Secretary as final agency action.
(f) Review of Adverse Decision.--If the final determination
required by subsection (b) refuses to recognize the eligible tribe as
an Indian tribe, the eligible tribe may seek, during the one-year
period beginning on the date on which the final determination is
published, a review of the determination in the appropriate United
States district court, notwithstanding the availability of other
administrative remedies.
(g) Consideration of Other Petitions.--Until the Secretary has
published a proposed finding with respect to the petition of each
eligible tribe as required under subsection (a), no other petition for
recognition as an Indian tribe may be processed except those listed as
having a status of ``Active'' or ``In Post-Final Decision Appeal
Process'' by the Department of the Interior on July 1, 2004.
(h) No Change in Criteria.--Nothing in this Act shall be construed
to change the criteria established by the Department of the Interior to
determine whether or not a petitioner meets the requirements to be a
federally recognized tribe.
(i) Definitions.--For the purposes of this Act, the following
definitions apply:
(1) Eligible tribe.--The term ``eligible tribe'' means a
tribe that--
(A) has made an initial application for recognition
as an Indian tribe to the Department of the Interior
before October 17, 1988;
(B) is listed as having a status of ``Ready,
Waiting for Active Consideration'' by the Department of
the Interior on July 1, 2004; and
(C) not later than 90 days after the date of the
enactment of this Act, notifies the Secretary, in
writing, that it opts to have its petition for
recognition as an Indian tribe considered under the
expedited procedure for proposed findings and final
determinations under this Act.
(2) Potentially eligible tribe.--The term ``potentially
eligible tribe'' means a tribe that--
(A) has made an initial application for recognition
as an Indian tribe to the Department of the Interior
before October 17, 1988;
(B) is listed as having a status of ``Ready,
Waiting for Active Consideration'' by the Department of
the Interior on July 1, 2004; and
(C) has not notified the Secretary, in writing,
whether or not it opts to have its petition for
recognition as an Indian tribe considered under the
expedited procedure for proposed findings and final
determinations under this Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, or a designee of the Secretary. | Requires the prompt review by the Secretary of the Interior of the long-standing petitions of eligible Indian tribes for federal recognition. Sets forth a process for potentially eligible tribes to opt into expedited procedures so they can be considered eligible for recognition.
Authorizes an eligible tribe to seek the judicial review of a final determination refusing federal recognition in the appropriate United States district court. | To require the prompt review by the Secretary of the Interior of the longstanding petitions for Federal recognition of certain Indian tribes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Model T Ford Automobile
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) More than 15,000,000 Model T Fords were produced
between October 1, 1908, and May 26, 1927.
(2) By fostering unprecedented personal mobility, the Model
T drove the transformation of the landscape, the economy, and
the social life of America.
(3) The assembly line developed for Model T production
became the characteristic mode of production in the 20th
century and made manufactured goods available in unprecedented
abundance.
(4) The vast numbers of high wage, low skill jobs needed on
assembly lines gave millions of Americans access to a middle
class life.
(5) At the height of its popularity, the Model T was
manufactured in 20 countries, on every continent except
Antarctica.
(6) In 1999 a panel of automotive experts from across the
globe chose the Model T as the ``Car of the Century'' because
of its pervasive, enduring influence.
(7) 2010 will mark the 100th anniversary of the Highland
Park Plant, the birthplace of the assembly line.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the 100th anniversary of the
Model T Ford Automobile, the Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 500,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the Model T Ford and the assembly
line.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin; and
(B) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2010.
(c) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--Notwithstanding any other provision of law, the
coins issued under this Act shall be sold by the Secretary at a price
equal to the sum of the face value of the coins, the surcharge required
under section 7(a) for the coins, and the cost of designing and issuing
such coins (including labor, materials, dies, use of machinery,
overhead expenses, and marketing).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the first $5,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this Act shall be paid by
the Secretary as follows:
(1) Motor cities national heritage area.--Up to \1/2\ to
the Automobile National Heritage Area Partnership Inc. for
creating an endowment for--
(A) supporting the celebration and preservation of
the Model T story; and
(B) maintaining and expanding national Model T
educational programs.
(2) The edison institute.--Up to \1/2\ to the Edison
Institute, otherwise known as ``The Henry Ford'', in Dearborn,
Michigan, a National Historic Landmark, for creating an
endowment for maintaining and expanding displays and developing
educational programs associated with the Model T Ford
Automobile.
(c) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code. | Model T Ford Automobile Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue, in commemoration of the 100th anniversary of the Model T Ford Automobile, up to 500,000 $1 coins emblematic of the Model T Ford and the assembly line.
Subjects coin sales to a surcharge of $10 per coin.
Requires specified distributions of surcharges to: (1) the Automobile National Heritage Area Partnership Inc. for creating an endowment for national Model T educational programs; and (2) the Edison Institute (also known as "The Henry Ford"), in Dearborn, Michigan, a National Historic Landmark, for creating an endowment for educational programs associated with the Model T Ford Automobile. | To require the Secretary of the Treasury to mint coins in commemoration of the Model T Ford Automobile and the 100th anniversary of the Highland Park Plant, Michigan, the birthplace of the assembly line, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commemoration of the Victory of
Freedom in the Cold War Act''.
SEC. 2. COMMEMORATION OF THE VICTORY OF FREEDOM IN THE COLD WAR.
(a) Findings.--Congress makes the following findings:
(1) The Cold War between the United States and the former
Union of Soviet Socialist Republics was the longest and most
costly struggle for democracy and freedom in the history of
mankind.
(2) Whether millions of people all over the world would
live in freedom hinged on the outcome of the Cold War.
(3) Democratic countries bore the burden of the struggle
and paid the costs in order to preserve and promote democracy
and freedom.
(4) The Armed Forces and the taxpayers of the United States
bore the greatest portion of such a burden and struggle in
order to protect such principles.
(5) Tens of thousands of United States soldiers, sailors,
Marines, and airmen paid the ultimate price during the Cold War
in order to preserve the freedoms and liberties enjoyed in
democratic countries.
(6) The Berlin Wall erected in Berlin, Germany, epitomized
the totalitarianism that the United States struggled to
eradicate during the Cold War.
(7) The end of the Union of Soviet Socialist Republics on
December 26, 1991, marked the end for Soviet totalitarianism,
and thus the end of the Cold War.
(8) December 26, 2001, is the 10th anniversary of the fall
of the Soviet Union.
(b) Cold War Medal.--(1) Chapter 57 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 1133. Cold War medal: award
``(a) Award.--There is hereby authorized an award of an appropriate
decoration, as provided for under subsection (b), to each person who
served honorably in the armed forces during the Cold War in order to
recognize the contributions of those person to United States victory in
the Cold War.
``(b) Design.--The Chairman of the Joint Chiefs of Staff shall,
under regulations prescribed by the President, design for purposes of
this section a decoration called the `Reagan-Truman Victory in the Cold
War Medal'. The decoration shall be of appropriate design, with ribbons
and appurtenances.
``(c) Period of Cold War.--In this section, the term `Cold War'
shall mean the period beginning on September 2, 1945, and ending on
December 26, 1991.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``1133. Cold War medal: award.''.
(c) Participation of Armed Forces in Celebration of Anniversary of
End of Cold War.--(1) Subject to paragraphs (2) and (3), amounts
appropriated for operation and maintenance for the Army shall be
available for the purpose of covering the costs of the Armed Forces in
participating in a celebration of the 10th anniversary of the end of
the Cold War to be held in Washington, District of Columbia, on
December 26, 2001.
(2) The total amount of funds available under paragraph (1) for the
purpose stated in that paragraph may not exceed $15,000,000.
(3)(A) The Secretary of Defense may accept contributions from the
private sector for the purpose of reducing the costs of the Armed
Forces described in paragraph (1).
(B) The amount of funds available under paragraph (1) for the
purpose set forth in that paragraph shall be reduced by an amount equal
to the amount of contributions accepted by the Secretary under
subparagraph (A).
(d) Commission on Victory in the Cold War.--(1) There is hereby
established a commission to be known as the ``Commission on Victory in
the Cold War'' (in this subsection to be referred to as the
``Commission'').
(2) The Commission shall be composed of twelve members, as follows:
(A) Two shall be appointed by the President.
(B) Three shall be appointed by the Speaker of the House of
Representatives.
(C) Three shall be appointed by the majority leader of the
Senate.
(D) Two shall be appointed by the minority leader of the
House of Representatives.
(E) Two shall be appointed by the minority leader of the
Senate.
(3) The Commission shall have as its duty the review of the
expenditure of funds by the Armed Forces under subsection (c) before
the participation of the Armed Forces in the celebration referred to in
paragraph (1) of that subsection, whether such funds are derived from
funds of the United States or from amounts contributed by the private
sector under paragraph (3)(A) of that subsection.
(4) In addition to the duties provided for under paragraph (3), the
Commission shall also have the authority to design and award medals and
decorations to current and former public officials and other
individuals whose efforts were vital to United States victory in the
Cold War.
(5) The Commission shall be chaired by two individuals as follows:
(A) One selected by and from among those appointed pursuant
to subparagraphs (A), (D), and (E) of paragraph (2).
(B) One selected by and from among those appointed pursuant
to subparagraphs (B) and (C) of paragraph (2). | Commemoration of the Victory of Freedom in the Cold War Act - Requires the Chairman of the Joint Chiefs of Staff to: (1) design a decoration to be known as the Reagan-Truman Victory in the Cold War Medal; and (2) award such medal to each person who served honorably in the armed forces during the Cold War in order to recognize the contributions of those persons to U.S. victory.
Makes certain Army appropriations available to cover the costs of the armed forces in participating in a celebration of the 10th anniversary of the end of the Cold War to be held in Washington, D.C., on December 26, 2001.
Establishes the Commission on Victory in the Cold War to: (1) review the expenditure of funds by the armed forces before its participation in the celebration; and (2) design and award medals and decorations to current and former public officials and other individuals whose efforts were vital to U.S. victory. | Commemoration of the Victory of Freedom in the Cold War Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal Existing Policies that
Encourage and Allow Legal HIV Discrimination Act of 2015'' or the
``REPEAL HIV Discrimination Act of 2015''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) At present, 33 States and 2 United States territories
have criminal statutes based on perceived exposure to HIV,
rather than actual transmission of HIV to another. Eleven
States have HIV-specific laws that make spitting or biting a
felony, even though it is not possible to transmit HIV via
saliva. Twenty-four States require persons who are aware that
they have HIV to disclose their status to sexual partners.
Fourteen of these 24 States also require disclosure to needle-
sharing partners. Twenty-five States criminalize one or more
behaviors that pose a low or negligible risk for HIV
transmission.
(2) According to the Centers for Disease Control and
Prevention (CDC), HIV is only transmitted through blood, semen,
vaginal fluid, and breast milk.
(3) HIV-specific criminal laws are classified as felonies
in 28 States; in three States, a person's exposure to another
to HIV does not subject the person to criminal prosecution for
that act alone, but may result in a sentence enhancement.
Eighteen States impose sentences of up to 10 years; seven
impose sentences between 11 and 20 years; and five impose
sentences of greater than 20 years.
(4) The number of prosecutions, arrests, and instances
where HIV-specific criminal laws are used to induce plea
agreements is unknown. Because State-level prosecution and
arrest data are not readily available in any national legal
database, the societal impact of these laws may be
underestimated and most cases that go to trial are not reduced
to written, published opinions.
(5) State and Federal criminal law does not currently
reflect the three decades of medical advances and discoveries
made with regard to transmission and treatment of HIV.
(6) According to CDC, correct and consistent male or female
condom use is very effective in preventing HIV transmission.
However, most State HIV-specific laws and prosecutions do not
treat the use of a condom during sexual intercourse as a
mitigating factor or evidence that the defendant did not intend
to transmit HIV.
(7) Criminal laws and prosecutions do not take into account
the benefits of effective antiretroviral medications, which
reduce the HIV virus to undetectable levels and further reduce
the already low risk of transmitting the HIV to near zero.
(8) Although HIV/AIDS currently is viewed as a treatable,
chronic, medical condition, people living with HIV have been
charged under aggravated assault, attempted murder, and even
bioterrorism statutes because prosecutors, courts, and
legislators continue to view and characterize the blood, semen,
and saliva of people living with HIV as a ``deadly weapon''.
(9) Multiple peer-reviewed studies demonstrate that HIV-
specific laws do not reduce risk-taking behavior or increase
disclosure by people living with or at risk of HIV, and there
is increasing evidence that these laws reduce the willingness
to get tested. Furthermore, placing legal responsibility for
preventing the transmission of HIV and other pathogens
exclusively on people diagnosed with HIV, and without
consideration of other pathogens that can be sexually
transmitted, undermines the public health message that all
people should practice behaviors that protect themselves and
their partners from HIV and other sexually transmitted
diseases.
(10) The identity of an individual accused of violating
existing HIV-specific restrictions is broadcast through media
reports, potentially destroying employment opportunities and
relationships and violating the person's right to privacy.
(11) Individuals who are convicted for HIV exposure,
nondisclosure, or transmission often must register as sex
offenders even in cases of consensual sexual activity. Their
employability is destroyed and their family relationships are
fractured.
(12) The United Nations, including the Joint United Nations
Programme on HIV/AIDS (UNAIDS), urges governments to ``limit
criminalization to cases of intentional transmission. Such
requirement indicates a situation where a person knows his or
her HIV-positive status, acts with the intention to transmit
HIV, and does in fact transmit it''. UNAIDS also recommends
that criminal law should not be applied to cases where there is
no significant risk of transmission.
(13) The Global Commission on HIV and the Law was launched
in June 2010 to examine laws and practices that criminalize
people living with and vulnerable to HIV and to develop
evidence-based recommendations for effective HIV responses. The
Commission calls for ``governments, civil society and
international bodies to repeal punitive laws and enact laws
that facilitate and enable effective responses to HIV
prevention, care and treatment services for all who need
them''. The Commission recommends against the enactment of
``laws that explicitly criminalise HIV transmission, exposure
or non-disclosure of HIV status, which are counterproductive''.
(14) In 2010, the President released a National HIV/AIDS
Strategy (NHAS), which addressed HIV-specific criminal laws,
stating: ``[W]hile we understand the intent behind [these]
laws, they may not have the desired effect and they may make
people less willing to disclose their status by making people
feel at even greater risk of discrimination. In some cases, it
may be appropriate for legislators to reconsider whether
existing laws continue to further the public interest and
public health. In many instances, the continued existence and
enforcement of these types of laws run counter to scientific
evidence about routes of HIV transmission and may undermine the
public health goals of promoting HIV screening and
treatment.''. The NHAS also states that State legislatures
should consider reviewing HIV-specific criminal statutes to
ensure that they are consistent with current knowledge of HIV
transmission and support public health approaches to preventing
and treating HIV.
(15) In February 2013, the President's Advisory Council on
AIDS (PACHA) passed a resolution stating ``all U.S. law should
be consistent with current medical and scientific knowledge and
accepted human rights-based approaches to disease control and
prevention and avoid imposition of unwarranted punishment based
on health and disability status''.
SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGULATIONS DIRECTED AT
PEOPLE LIVING WITH HIV/AIDS.
It is the sense of Congress that Federal and State laws, policies,
and regulations regarding people living with HIV/AIDS--
(1) should not place unique or additional burdens on such
individuals solely as a result of their HIV status; and
(2) should instead demonstrate a public health-oriented,
evidence-based, medically accurate, and contemporary
understanding of--
(A) the multiple factors that lead to HIV
transmission;
(B) the relative risk of demonstrated HIV
transmission routes;
(C) the current health implications of living with
HIV;
(D) the associated benefits of treatment and
support services for people living with HIV; and
(E) the impact of punitive HIV-specific laws,
policies, regulations, and judicial precedents and
decisions on public health, on people living with or
affected by HIV, and on their families and communities.
SEC. 4. REVIEW OF FEDERAL AND STATE LAWS.
(a) Review of Federal and State Laws.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General, the Secretary
of Health and Human Services, and the Secretary of Defense
acting jointly (in this section referred to as the ``designated
officials'') shall initiate a national review of Federal and
State laws, policies, regulations, and judicial precedents and
decisions regarding criminal and related civil commitment cases
involving people living with HIV/AIDS, including in regard to
the Uniform Code of Military Justice.
(2) Consultation.--In carrying out the review under
paragraph (1), the designated officials shall seek to include
diverse participation from, and consultation with, each of the
following:
(A) Each State.
(B) State attorneys general (or their
representatives).
(C) State public health officials (or their
representatives).
(D) State judicial and court system officers,
including judges, district attorneys, prosecutors,
defense attorneys, law enforcement, and correctional
officers.
(E) Members of the United States Armed Forces,
including members of other Federal services subject to
the Uniform Code of Military Justice.
(F) People living with HIV/AIDS, particularly those
who have been subject to HIV-related prosecution or who
are from communities whose members have been
disproportionately subject to HIV-specific arrests and
prosecution.
(G) Legal advocacy and HIV/AIDS service
organizations that work with people living with HIV/
AIDS.
(H) Nongovernmental health organizations that work
on behalf of people living with HIV/AIDS.
(I) Trade organizations or associations
representing persons or entities described in
subparagraphs (A) through (G).
(3) Relation to other reviews.--In carrying out the review
under paragraph (1), the designated officials may utilize other
existing reviews of criminal and related civil commitment cases
involving people living with HIV/AIDS, including any such
review conducted by any Federal or State agency or any public
health, legal advocacy, or trade organization or association if
the designated officials determines that such reviews were
conducted in accordance with the principles set forth in
section 3.
(b) Report.--Not later than 180 days after initiating the review
required by subsection (a), the Attorney General shall transmit to the
Congress and make publicly available a report containing the results of
the review, which includes the following:
(1) For each State and for the Uniform Code of Military
Justice, a summary of the relevant laws, policies, regulations,
and judicial precedents and decisions regarding criminal cases
involving people living with HIV/AIDS, including the following:
(A) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
place any unique or additional burdens upon people
living with HIV/AIDS.
(B) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
demonstrate a public health-oriented, evidence-based,
medically accurate, and contemporary understanding of--
(i) the multiple factors that lead to HIV
transmission;
(ii) the relative risk of HIV transmission
routes;
(iii) the current health implications of
living with HIV;
(iv) the associated benefits of treatment
and support services for people living with
HIV; and
(v) the impact of punitive HIV-specific
laws and policies on public health, on people
living with or affected by HIV, and on their
families and communities.
(C) An analysis of the public health and legal
implications of such laws, policies, regulations, and
judicial precedents and decisions, including an
analysis of the consequences of having a similar penal
scheme applied to comparable situations involving other
communicable diseases.
(D) An analysis of the proportionality of
punishments imposed under HIV-specific laws, policies,
regulations, and judicial precedents, taking into
consideration penalties attached to violation of State
laws against similar degrees of endangerment or harm,
such as driving while intoxicated (DWI) or transmission
of other communicable diseases, or more serious harms,
such as vehicular manslaughter offenses.
(2) An analysis of common elements shared between State
laws, policies, regulations, and judicial precedents.
(3) A set of best practice recommendations directed to
State governments, including State attorneys general, public
health officials, and judicial officers, in order to ensure
that laws, policies, regulations, and judicial precedents
regarding people living with HIV/AIDS are in accordance with
the principles set forth in section 3.
(4) Recommendations for adjustments to the Uniform Code of
Military Justice, as may be necessary, in order to ensure that
laws, policies, regulations, and judicial precedents regarding
people living with HIV/AIDS are in accordance with the
principles set forth in section 3.
(c) Guidance.--Within 90 days of the release of the report required
by subsection (b), the Attorney General and the Secretary of Health and
Human Services, acting jointly, shall develop and publicly release
updated guidance for States based on the set of best practice
recommendations required by subsection (b)(3) in order to assist States
dealing with criminal and related civil commitment cases regarding
people living with HIV/AIDS.
(d) Monitoring and Evaluation System.--Within 60 days of the
release of the guidance required by subsection (c), the Attorney
General and the Secretary of Health and Human Services, acting jointly,
shall establish an integrated monitoring and evaluation system which
includes, where appropriate, objective and quantifiable performance
goals and indicators to measure progress toward statewide
implementation in each State of the best practice recommendations
required in subsection (b)(3).
(e) Modernization of Federal Laws, Policies, and Regulations.--
Within 90 days of the release of the report required by subsection (b),
the designated officials shall develop and transmit to the President
and the Congress, and make publicly available, such proposals as may be
necessary to implement adjustments to Federal laws, policies, or
regulations, including to the Uniform Code of Military Justice, based
on the recommendations required by subsection (b)(4), either through
Executive order or through changes to statutory law.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to discourage the
prosecution of individuals who intentionally transmit or attempt to
transmit HIV to another individual.
SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) HIV and hiv/aids.--The terms ``HIV'' and ``HIV/AIDS''
have the meanings given to such terms in section 2689 of the
Public Health Service Act (42 U.S.C. 300ff-88).
(2) State.--The term ``State'' includes the District of
Columbia, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands. | Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2015 or the REPEAL HIV Discrimination Act of 2015 Expresses the sense of Congress that federal and state laws, policies, and regulations regarding people living with HIV/AIDS should: (1) not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of HIV transmission, health implications, treatment, and the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health and on affected people, families, and communities. Directs: (1) the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS; and (2) DOJ to transmit to Congress and make publicly available the results of such review with related recommendations. Requires DOJ and HHS to: (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. Directs DOJ, HHS, and DOD to transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. Prohibits this Act from being construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual. | REPEAL HIV Discrimination Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Rockies Land Exchange and
National Park System Enhancement Act of 2010''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to authorize, direct, expedite, and facilitate two land
exchanges in central Colorado and eastern Utah;
(2) to enhance the National Park System by National Park
Service acquisition of important lands in Colorado and Utah;
(3) to protect the open space and natural values of certain
lands conveyed out of Federal ownership through a permanent
conservation easement; and
(4) to provide for improved public access to certain lands
in Gunnison County, Colorado.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bear ranch.--The term ``Bear Ranch'' means the Bear
Ranch, LLC, a Colorado Limited Liability Corporation.
(2) Darien ranch.--The term ``Darien Ranch'' means the
ranch operated by Larry and Dana Darien of 2880 County Road 3,
Marble, Colorado.
(3) Federal land.--The term ``Federal land'' means the land
or right-of-way to be conveyed by the United States in the land
exchanges under this Act.
(4) Non-federal land.--The term ``non-Federal land'' means
land to be conveyed to the United States in the land exchanges
under this Act.
(5) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of the Interior or Secretary of
Agriculture, as appropriate.
SEC. 4. BEAR RANCH AND DEPARTMENT OF THE INTERIOR LAND EXCHANGE,
GUNNISON COUNTY, COLORADO, AND UINTAH COUNTY, UTAH.
(a) Land Exchange Required.--If the Bear Ranch offers to convey to
the Secretary of the Interior all right, title, and interest of the
Bear Ranch in and to the non-Federal parcels identified in subsection
(b) for inclusion in the National Park System--
(1) the Secretary of the Interior shall accept the offer;
and
(2) the Secretary of the Interior and Agriculture shall
simultaneously convey to the Bear Ranch all right, title, and
interest of the United States in and to approximately 1,846
acres of Federal land under the jurisdiction of the Bureau of
Land Management or the United States Forest Service, as
applicable, comprising separate land parcels, as generally
depicted and numbered on a map entitled ``Central Rockies Land
Exchange--Federal Parcels 1-6--Bear Ranch'' and dated February
2010.
(b) Non-Federal Land Described.--The non-Federal land to be
conveyed under this section consists of--
(1) approximately 911 acres of land within the Curecanti
National Recreation Area in Gunnison County, Colorado, and
generally depicted on the map entitled ``Central Rockies Land
Exchange--Non-Federal parcel--Sapinero Mesa'' and dated
February 2010; and
(2) approximately 80 acres of land within Dinosaur National
Monument in Uintah County, Utah, and generally depicted on a
map entitled ``Central Rockies Land Exchange--Non-Federal
parcel--Orchid Draw'' and dated February 2010.
(c) Land Title.--Title to the non-Federal land conveyed to the
Secretary of the Interior under this section shall be acceptable to the
Secretary and shall conform to the title approval standards of the
Attorney General of the United States applicable to land acquisitions
by the Federal Government.
SEC. 5. DARIEN RANCH AND FOREST SERVICE LAND EXCHANGE, GUNNISON COUNTY,
COLORADO.
(a) Land Exchange Required.--If the Darien Ranch offers to convey
all right, title, and interest of the Darien Ranch in and to the
approximately 0.42 acres of non-Federal land in Gunnison County,
Colorado, as generally depicted on the map entitled ``Central Rockies
Land Exchange--Non-Federal parcel--Lily Lake Trailhead'' and dated
February 2010, the Secretary of Agriculture shall--
(1) accept the offer; and
(2) upon receipt of the non-Federal land, simultaneously
convey to the Darien Ranch a permanent right-of-way no more
than 200 feet in width for a water intake on Rapid Creek and
water pipeline (and access to such water intake and pipeline)
generally running along an existing irrigation ditch from Rapid
Creek to private land on the route generally depicted on a map
entitled ``Central Rockies Land Exchange--Darien Ranch Right-
of-Way'' and dated February 2010.
(b) Land Title.--Title to the non-Federal land conveyed to the
Secretary of Agriculture under this section shall be acceptable to the
Secretary and shall conform to the title approval standards of the
Attorney General of the United States applicable to land acquisitions
by the Federal Government.
SEC. 6. EQUAL VALUE EXCHANGE AND APPRAISALS.
(a) Equal Value Exchange.--
(1) In general.--The values of the Federal and non-Federal
land in each separate land exchange under this Act shall be
equal. If the values are not equal in one or both of the land
exchanges, the values of the Federal and non-Federal land at
issue shall be equalized in the manner provided by this
subsection.
(2) Surplus of federal land value.--If the final appraised
value of the Federal land in a land exchange under this Act
exceeds the final appraised value of the non-Federal land in
that exchange, the non-Federal party in that exchange shall
make a cash equalization payment to the Secretary concerned as
necessary to achieve equal value, including, if necessary, an
amount in excess of that authorized pursuant to section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)).
(3) Surplus of non-federal land value.--If the final
appraised value of the non-Federal land in a land exchange
under this Act exceeds the final appraised value of the Federal
land in that exchange--
(A) the United States shall not make a cash
equalization payment to the non-Federal party in that
exchange; and
(B) the surplus value of the non-Federal land shall
be considered a donation by the non-Federal party in
that exchange to the United States.
(b) Use of Cash Equalization Payment.--
(1) Department of the interior.--Any cash equalization
payment received by the Secretary of the Interior under
subsection (a) shall be deposited in the Federal Land Disposal
Account established pursuant to the Federal Land Transaction
Facilitation Act (43 U.S.C. 2301 et seq.) and shall be
available for use by the Bureau of Land Management, without
further appropriation, for the acquisition of lands or
interests in land from willing sellers in Gunnison County,
Colorado, or lands within the area managed by the Uncompahgre
Field Office of the Bureau of Land Management.
(2) Forest service.--Any cash equalization payment received
by the Secretary of Agriculture under subsection (a) shall be
deposited in the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a).
(c) Appraisals.--
(1) Performance standards.--The values of the lands to be
exchanged shall be determined by the Secretary concerned
through concurrent appraisals performed in accordance with--
(A) the Uniform Appraisal Standards for Federal
Land Acquisitions;
(B) the Uniform Standards of Professional Appraisal
Practice (USPAP); and
(C) appraisal instructions issued by the Secretary
concerned.
(2) Appraiser selection.--The appraisals shall be performed
by an appraiser mutually agreed to by the Secretary concerned
and the Bear Ranch or Darien Ranch, as applicable.
(3) Availability to public.--After reviewing and approving
the appraisals, but before consummating an exchange, the
Secretary concerned shall make a summary of the appraisals
available for public review.
(4) Appraisal exclusion.--The appraisal of the Federal land
parcels under this Act shall not reflect any diminution in
value due to the conservation easement requirements of section
7(a), which conservation easement shall be considered a
donation for all purposes of law.
(5) Appraisal of parcel.--If the Secretary of the Interior
and Secretary of Agriculture determine it appropriate, the
Secretary of the Interior may determine the value of Federal
Parcel 6--Bear Ranch, as identified on the map referenced in
subsection 4(a).
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Conservation Easements.--As a condition of the land exchange
under section 4, and before consummating the exchange, the Bear Ranch
shall deliver to the Secretary an executed document granting a
permanent conservation easement on Federal Parcels 1-5, Bear Ranch, as
identified on the map referenced in section 4(a) to a qualified unit of
government or organization as specified in section 170(h) of the
Internal Revenue Code of 1986. The conservation easement shall limit
future use of the Federal land parcels to agricultural, recreational,
open space, and wildlife conservation purposes.
(b) Withdrawal Provisions.--
(1) Withdrawal.--Without further action by the Secretary
concerned, lands acquired by the United States under this Act
shall be permanently withdrawn from all forms of appropriation
and disposal under the public land laws (including the mining
and mineral leasing laws) and the Geothermal Steam Act of 1930
(30 U.S.C. 1001 et seq.).
(2) Withdrawal revocation.--Any public land order that
withdraws the Federal lands from appropriation or disposal
under a public land law shall be revoked to the extent
necessary to permit disposal of the Federal land parcels in the
exchanges under this Act.
(3) Withdrawal of federal land.--All Federal land to be
exchanged under this Act, if not already withdrawn or
segregated from appropriation or disposal under the public land
laws upon enactment of this Act, is hereby so withdrawn,
subject to valid existing rights, until--
(A) the date of conveyance of the Federal land to
the Bear Ranch or Darien Ranch, as applicable; or
(B) such time as the Secretary concerned and the
non-Federal party may determine not to proceed with the
exchange concerned.
(c) Postexchange Land Management.--
(1) Department of the interior.--Land acquired by the
Secretary of the Interior under section 4 shall become part of
the Curecanti National Recreation Area or Dinosaur National
Monument, as applicable, and shall be managed by the National
Park Service in accordance with the laws, rules, and
regulations applicable to the unit.
(2) Forest service.--Land acquired by the Secretary of
Agriculture under section 5 shall become part of the unit of
the National Forest System within which the land is located and
shall be administered in accordance with the laws, rules, and
regulations applicable to the National Forest System. For
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundaries of the unit of
the National Forest System in which the land is located shall
be deemed to be the boundaries of that unit as of January 1,
1965.
(d) Bear Ranch Area Access.--
(1) Travel management plan.--Not later than 3 years after
consummating the land exchange under section 4, the Secretary
concerned shall prepare and implement a travel management plan
in consultation with Gunnison County, Colorado, for the design,
construction, improvement, replacement, or other siting of
roads, trails, and trailheads in the area shown as the
``Planning Area'' on the map entitled ``Central Rockies Land
Exchange--Anthracite-Spring Creek Travel Planning Area'' and
dated February 2010. Such plan--
(A) may incorporate any travel management plans, or
applicable provisions thereof, that cover the Travel
Planning Area and may have already been completed by
the Secretary concerned;
(B) may, at the discretion of the Secretary
concerned, update any existing plans to provide for any
enhanced public access, roads, trails, and trailheads
as may be enabled by the funding under paragraph (3);
and
(C) shall determine, in consultation with Gunnison
County, whether the reservation of paragraph (2)(B)
should be terminated because adequate or preferable
replacement access is to be provided under this
paragraph.
(2) Interim access.--The conveyance of Federal parcel 1 to
the Bear Ranch pursuant to section 4 shall be subject to--
(A) the existing right-of-way for Gunnison County
Road 2 as shown on the map depicted in paragraph (1);
and
(B) a reservation of nonmotorized public access
from County Road 2 to the Deep Creek area as shown on
the map referenced in paragraph (1).
(3) Access funding.--
(A) In general.--Before the consummation of the
land exchange under section 4, the Bear Ranch shall
deposit with the Secretary of the Interior the sum of
$50,000, which may be used by the Secretary of the
Interior and the Secretary of Agriculture, as they
jointly determine appropriate, without further
appropriation, for road, trail, and trailhead work and
purposes specified in paragraph (1).
(B) Effect of plan.--If the plan under paragraph
(1) determines that the paragraph (2)(B) reservation
should be terminated, the Bear Ranch shall pay to the
Secretary of the Interior an additional sum of
$200,000, which may be utilized by the Secretary of the
Interior and the Secretary of Agriculture, as they
jointly determine appropriate, without further
appropriation, for paragraph (1) road, trail, and
trailhead work and purposes. Upon completion of such
work, the paragraph (2)(B) reservation shall be
terminated.
(e) Exchange Timetable.--It is the intent of Congress that the land
exchanges directed by this Act be consummated not later than 1 year
after the date of the enactment of this Act.
(f) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary concerned and the Bear
Ranch or Darien Ranch may by mutual agreement make minor
boundary adjustments to any land parcel or the right-of-way
involved in the exchange concerned, and may correct any minor
errors in any map, acreage estimate, or description of any land
or right-of-way to be exchanged.
(2) Conflict.--If there is a conflict between a map, an
acreage estimate, or a description of any land or right-of-way
under this Act, the map shall control unless the Secretary
concerned and the Bear Ranch or Darien Ranch mutually agree
otherwise.
(3) Availability.--The Secretary concerned shall file and
make available for public inspection in the appropriate field
offices of the Bureau of Land Management, the Curecanti
National Recreation Area, Dinosaur National Monument, and White
River and Gunnison National Forests a copy of the pertinent
maps referred to in this Act. | Central Rockies Land Exchange and National Park System Enhancement Act of 2010 - Requires the Secretary of the Interior (Secretary), if the Bear Ranch, LLC, offers to convey all interest in specified non-federal parcels of land within the Curecanti National Recreation Area in Gunnison County, Colorado, and Dinosaur National Monument in Uintah County, Utah, for inclusion in the National Park System, to accept the offer and the Secretary and the Secretary of Agriculture (USDA) to convey to the Ranch all interest of the United States in specified federal land under the jurisdiction of the Bureau of Land Management (BLM) or the United States Forest Service.
Requires the USDA Secretary, if the Darien Ranch offers to convey all interest in certain non-federal land in Gunnison County, to accept the offer, and upon receipt of such land, to convey to the Ranch a permanent right-of-way of no more than 200 feet in width for a water intake on Rapid Creek and water pipeline (and access to such intake and pipeline) running along an existing irrigation ditch from the Creek to private land.
Requires the values of the federal and non-federal lands in each separate land exchange to be equal and to be determined by appraisals performed in accordance with this Act.
Requires lands acquired by the Secretary and the USDA Secretary, respectively, to become part of: (1) the Curecanti National Recreation Area or Dinosaur National Monument; and (2) the unit of the National Forest System in which the land is located.
Requires implementation of a travel management plan for the design, construction, improvement, replacement, or other siting of roads, trails, and trailheads in the Anthracite-Spring Creek Travel Planning Area. | A bill to provide for certain land exchanges in Gunnison County, Colorado, and Uintah County, Utah. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Test and Training Range
Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``covered wilderness'' means the wilderness
area designated by this Act and wilderness study areas located
near lands withdrawn for military use and beneath special use
airspace critical to the support of military test and training
missions at the Utah Test and Training Range, including the
Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch
Peak, King Top, Wah Wah Mountain, and Conger Mountain units
designated by the Department of the Interior.
(2) The term ``Tribe'' means the Skull Valley Band of
Goshute Indians.
(3) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
(4) The term ``Wilderness Act'' means Public Law 88-577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 3. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING
RANGE.
(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of the
test and training mission of the Department of Defense.
(3) The Cedar Mountain Wilderness Area designated by
section 5, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness in this Act, and it is
not the intent of Congress that passage of this Act shall be
construed as establishing a precedent with respect to any
future national conservation area or wilderness designation.
(5) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the terms
and conditions described in this section, is a national
security priority and is not incompatible with the protection
and proper management of the natural, environmental, cultural,
and other resources of such lands.
(b) Overflights.--Nothing in this Act or the Wilderness Act shall
preclude low-level overflights and operations of military aircraft,
helicopters, missiles, or unmanned aerial vehicles over the covered
wilderness, including military overflights and operations that can be
seen or heard within the covered wilderness.
(c) Special Use Airspace and Training Routes.--Nothing in this Act
or the Wilderness Act shall preclude the designation of new units of
special use airspace, the expansion of existing units of special use
airspace, or the use or establishment of military training routes over
the covered wilderness.
(d) Communications and Tracking Systems.--Nothing in this Act shall
prevent any required maintenance of existing communications,
instrumentation, or electronic tracking systems (or infrastructure
supporting such systems) or prevent the installation of new
communication, instrumentation, or other equipment necessary for
effective testing and training to meet military requirements in
wilderness study areas located beneath special use airspace comprising
the Utah Test and Training Range, including the Deep Creek, Fish
Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah
Mountain, and Conger Mountain units designated by the Department of
Interior, so long as the Secretary of the Interior, after consultation
with the Secretary of the Air Force, determines that the installation
and maintenance of such systems, when considered both individually and
collectively, comply with section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
(e) Emergency Access and Response.--Nothing in this Act or the
Wilderness Act shall preclude the continuation of the memorandum of
understanding in existence as of the date of enactment of this Act
between the Department of the Interior and the Department of the Air
Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as provided
in subsections (d) and (e), nothing in this section shall be construed
to permit a military operation to be conducted on the ground in covered
wilderness in the Utah Test and Training Range unless such ground
operation is otherwise permissible under Federal law and consistent
with the Wilderness Act.
SEC. 4. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING
RANGE.
(a) Analysis of Military Readiness and Operational Impacts.--The
Secretary of the Interior shall develop, maintain, and revise land use
plans pursuant to section 202 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712) for Federal lands located in the Utah Test
and Training Range in consultation with the Secretary of Defense. As
part of the required consultation in connection with a proposed
revision of a land use plan, the Secretary of Defense shall prepare and
transmit to the Secretary of the Interior an analysis of the military
readiness and operational impacts of the proposed revision within six
months of a request from the Secretary of Interior.
(b) Limitation on Rights-of-Ways.--The Secretary of the Interior
shall not grant or issue any authorizations for rights-of-way under
section 501(a)(6) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1761(a)(6)) upon Federal lands identified as inventory units
UTU-020-086, UTU-020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-
020-101, UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as
generally depicted on the map entitled ``Wilderness Inventory, State of
Utah'' and dated August 1979, until the later of the following:
(1) The completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management.
(2) January 1, 2015.
SEC. 5. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN WILDERNESS, UTAH.
(a) Designation.--Certain Federal lands in Tooele County, Utah, as
generally depicted on the map entitled ``Cedar Mountain Wilderness''
and dated March 7, 2004, are hereby designated as wilderness and,
therefore, as a component of the National Wilderness Preservation
System to be known as the Cedar Mountain Wilderness Area.
(b) Withdrawal.--Subject to valid existing rights, the Federal
lands in the Cedar Mountain Wilderness Area are hereby withdrawn from
all forms of entry, appropriation, or disposal under the public land
laws, from location, entry, and patent under the United States mining
laws, and from disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments to such
laws.
(c) Map and Description.--(1) As soon as practicable after the date
of the enactment of this Act, the Secretary of the Interior shall
transmit a map and legal description of the Cedar Mountain Wilderness
Area to the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate.
(2) The map and legal description shall have the same force and
effect as if included in this Act, except that the Secretary of the
Interior may correct clerical and typographical errors in the map and
legal description.
(3) The map and legal description shall be on file and available
for public inspection in the office of the Director of the Bureau of
Land Management and the office of the State Director of the Bureau of
Land Management in the State of Utah.
(d) Administration.--Subject to valid existing rights and this Act,
the Cedar Mountain Wilderness Area shall be administered by the
Secretary of the Interior in accordance with the provisions of the
Wilderness Act, except that any reference in such provisions to the
effective date of the Wilderness Act (or any similar reference) shall
be deemed to be a reference to the date of the enactment of this Act.
(e) Land Acquisition.--Any lands or interest in lands within the
boundaries of the Cedar Mountain Wilderness Area acquired by the United
States after the date of the enactment of this Act shall be added to
and administered as part of the Cedar Mountain Wilderness Area.
(f) Fish and Wildlife Management.--As provided in section 4(d)(7)
of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall
be construed as affecting the jurisdiction of the State of Utah with
respect to fish and wildlife on the Federal lands located in that
State.
(g) Grazing.--Within the Cedar Mountain Wilderness Area, the
grazing of livestock, where established before the date of the
enactment of this Act, shall be permitted to continue subject to such
reasonable regulations, policies, and practices as the Secretary of the
Interior considers necessary, as long as such regulations, policies,
and practices fully conform with and implement the intent of Congress
regarding grazing in such areas, as such intent is expressed in the
Wilderness Act, section 101(f) of Public Law 101-628 (104 Stat. 4473),
and appendix A of the Report of the Committee on Interior and Insular
Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-
405).
(h) Buffer Zones.--Congress does not intend for the designation of
the Cedar Mountain Wilderness Area to lead to the creation of
protective perimeters or buffer zones around the wilderness area. The
fact that nonwilderness activities or uses can be seen or heard within
the wilderness area shall not, of itself, preclude such activities or
uses up to the boundary of the wilderness area.
(i) Release From Wilderness Study Area Status.--The lands
identified as the Browns Spring Cherrystem on the map entitled
``Proposed Browns Spring Cherrystem'' and dated May 11, 2004, are
released from their status as a wilderness study area, and shall no
longer be subject to the requirements of section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) pertaining
to the management of wilderness study areas in a manner that does not
impair the suitability of those areas for preservation of wilderness.
SEC. 6. BUREAU OF LAND MANAGEMENT LAND IN UTAH TAKE INTO TRUST FOR
SKULL VALLEY BAND OF GOSHUTES.
(a) Placement in Trust.--Not later than December 31, 2005, the
Secretary of the Interior shall place the land identified on the map
entitled ______ and dated _______ into trust for the purposes of
economic development for the Tribe. At least 30 days before placing the
land in trust for the Tribe, the Secretary shall publish in the Federal
Register legal descriptions of the land to be placed in trust.
(b) Management of Trust Land.--The land placed into trust for the
Tribe under subsection (a) shall be administered in accordance with
laws generally applicable to property held in trust by the United
States for Indian Tribes, except that the land shall immediately revert
to the administrative control of the Bureau of Land Management if the
Tribe--
(1) sells, or attempts to sell, any part of the land; or
(2) attempts to facilitate or allow any commercial activity
to take place on the land that is not in compliance with the
laws of the State of Utah, including section 19-3-315 Utah Code
Annotated.
(c) Effect.--Nothing in this section--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or interest
of any person or entity (other than the United States) in or to
the trust land that exists before the date on which the land is
placed in trust for the Tribe under subsection (a);
(2) enlarges, impairs, or otherwise affects a right or
claim of the Tribe to any land or interest in land based on
Aboriginal or Indian title that exists before the date of the
enactment of this Act;
(3) constitutes an express or implied reservation of water
or water right for any purpose with respect to the trust land;
or
(4) affects any water right of the Tribe that exists before
the date of the enactment of this Act.
SEC. 7. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this Act shall be construed to affect
any Federal lands located outside of the covered wilderness or the
management of such lands.
(b) Conforming Repeal.--Section 2815 of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852) is amended by striking subsection (d). | Utah Test and Training Range Protection Act - States that nothing in this Act or the Wilderness Act shall: (1) preclude low-level overflights and operations of military aircraft, missiles, or unmanned aerial vehicles over the Utah Test and Training Range, including the Dugway Proving Ground; (2) preclude the designation of new or expansion of existing units of special use airspace or the use or establishment of military training routes over such area; (3) prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems in the area or the addition of communications, instrumentation, or equipment necessary for effective testing and training upon specified determinations by the Secretary of the Interior; or (4) preclude the continuation of a current memorandum of understanding between the Departments of the Interior and Air Force with respect to emergency access and response within the area.
Directs the Secretary to develop, maintain, and revise land use plans for Federal lands located in the area, in consultation with the Secretary of Defense. Limits the issuance of rights-of-way in the area.
Designates certain Federal lands in Tooele County, Utah, as the Cedar Mountain Wilderness Area. Withdraws such lands from all forms of entry, appropriation, or disposal under the public land laws, including mining and mineral and geothermal leasing. Releases the Browns Springs Cherrystem area from its status as a wilderness study area.
Directs the Secretary to place certain Bureau of Land Management (BLM) land in trust for the Skull Valley Band of Goshutes for the purposes of economic development of such tribe. | To designate certain lands in the Cedar Mountains in the State of Utah as wilderness, to ensure the compatibility of such wilderness and wildness study areas with continued access by the Armed Forces to the special use airspace and lands that comprise the Utah Test and Training Range, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Finance Restructuring Act of
2016''.
SEC. 2. REPAYMENT OF LIQUIDATION PREFERENCE.
(a) Repayment and Redemption.--Not later than the expiration of the
60-day period beginning on the date of the enactment of this Act, the
Secretary of the Treasury shall modify the Senior Preferred Stock
Purchase Agreement for each enterprise to provide as follows:
(1) Deemed repayment in full.--Effective on the date of the
date of the enactment of this Act, the liquidation preference
on the Variable Liquidation Preference Senior Preferred Stocks
of each enterprise is reduced to zero.
(2) Redemption of variable liquidation preference senior
preferred stock.--Pursuant to paragraph (1), the Variable
Liquidation Preference Senior Preferred Stock of each
enterprise shall be redeemed upon the date of the modification
of the Senior Preferred Stock Purchase Agreement required under
this subsection and, upon and after such redemption--
(A) shares of such Variable Liquidation Preference
Senior Preferred Stock of each enterprise shall no
longer be deemed to be outstanding and all rights of
the holders thereof, as such holders, shall cease;
(B) shares of redeemed Variable Liquidation
Preference Senior Preferred Stock of each enterprise
shall no longer have the status of authorized, issued,
or outstanding shares;
(C) the Senior Preferred Stock Purchase Agreement
for each enterprise shall be terminated, except that
sections 2.1 and 2.2 of such Agreement, as modified by
the Second Amendment to the Senior Preferred Stock
Purchase Agreement for the enterprise (dated December
24, 2009), shall remain in force and effect; and
(D) the Department of the Treasury shall retain any
dividend payments made by an enterprise to the
Department of the Treasury before the date of the
enactment of this Act.
(b) No Resumption of Periodic Commitment Fee.--The Department of
the Treasury shall not require the enterprises to pay a periodic
commitment fee, as described in section 3.2 of the Senior Preferred
Stock Purchase Agreements.
(c) Exercise of Warrants for Common Stock.--Notwithstanding
subsection (a)(2)(C) of this section, upon the enactment of this Act,
the Department of the Treasury shall exercise the warrants for the
purchase of common stock of the enterprises provided to the Department
under the Senior Preferred Stock Purchase Agreements.
SEC. 3. REBUILDING OF ENTERPRISE RETAINED CAPITAL.
(a) Applicability.--Notwithstanding any other provision of law or
any provision of the Senior Preferred Stock Purchase Agreement for an
enterprise, the provisions of this section shall apply to each
enterprise, including during the term of any conservatorship of an
enterprise pursuant to section 1367 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617).
(b) Use of Net Income for Capital Reserves.--At any time that an
enterprise is not fully capitalized (as such term is defined in
subsection (c)(3))--
(1) section 1337 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (42 U.S.C. 4567)
shall not apply to the enterprise; and
(2) the Director shall require that, in each fiscal year,
the net income of each enterprise, as determined by the
Director, for such fiscal year shall be retained and maintained
by the enterprise as retained capital reserves.
(c) Full Capitalization.--
(1) Allocation to housing trust fund and capital magnet
fund.--At any time that an enterprise is fully capitalized, as
determined by the Director, subsection (b) shall not apply to
the enterprise and section 1337 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 shall
apply to the enterprise.
(2) Dividends.--An enterprise may not, unless the
enterprise is fully capitalized, declare or pay any dividend
(whether common or preferred) with respect to any equity
interests of the enterprise.
(3) Definition.--For purposes of this subsection, the term
``fully capitalized'' means, with respect to an enterprise,
that the enterprise maintains an amount of total capital, as
such term is defined in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502), that is equal to or exceeds 10 percent of the
risk-weighted assets of the enterprise.
(d) Capital Restoration Plan.--
(1) Requirement.--Not later than the expiration of the 45-
day period beginning on the date of the enactment of this Act,
the Director shall prepare and submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
a capital restoration plan for each enterprise that complies
with section 1369C(a) of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4622(a)).
(2) Annual updates.--After submission of a capital
restoration plan for an enterprise pursuant to paragraph (1),
during any period that an enterprise remains not fully
capitalized (as such term is defined in subsection (c)(3)), the
Director shall update the plan for such enterprise on an annual
basis and submit such updated plan to the Committees referred
to in paragraph (1), together with a report describing any
progress made toward restoring the capital of the enterprise
during the preceding 1-year period.
(3) Public availability.--The Director shall make publicly
available each capital restoration plan prepared pursuant to
paragraph (1) and each updated plan prepared pursuant to
paragraph (2).
(e) Termination of Conservatorships.--The Director shall terminate
the conservatorship of an enterprise under section 1367 of the Federal
Housing Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4617) at such time that the enterprise attains, as determined by
the Director, an amount of capital that is equal to or exceeds 5
percent of the risk-weighted assets of the enterprise.
(f) Regulations.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the Director
shall issue regulations necessary to carry out this section and the
amendments made by this section.
SEC. 4. PRIVATE RIGHT OF ACTION.
(a) In General.--Any individual or entity adversely affected or
aggrieved by action or inaction on the part of the Director or the
Secretary of the Treasury in violation of this Act or title XIII of the
Federal Housing Enterprises Financial Safety and Soundness Act of 1992
(12 U.S.C. 4501 et seq.) may commence a civil action for prospective
injunctive relief against the Director or the Secretary, as
appropriate.
(b) Equitable Relief.--In any action under this section, the court
may award appropriate equitable relief, including temporary,
preliminary, or permanent injunctive relief.
(c) Costs.--In any action under this section, the court shall award
the costs of litigation, including reasonable attorney and expert
witness fees, to any prevailing or substantially prevailing plaintiff.
(d) Jurisdiction.--The district courts of the United States shall
have jurisdiction over proceedings commenced pursuant to this section
and shall exercise the same without regard to whether the party
aggrieved shall have exhausted any administrative or other remedies
that may be provided for by law.
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Director.--The term ``Director'' means the Director of
the Federal Housing Finance Agency, in the capacity of such
Director and in the capacity as conservator of an enterprise
pursuant to section 1367 of the Federal Housing Enterprises
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4617), as
the case may be.
(2) Enterprise.--The term ``enterprise'' has the meaning
given such term in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(3) Net income.--The term ``net income'' means, with
respect to an enterprise, income after deduction of all
associated expenses, as calculated in accordance with generally
accepted accounting principles.
(4) Risk-weighted.--The term ``risk-weighted'' means, with
respect to the assets of an enterprise, that the amount of any
such assets that are single family housing mortgages meeting
the requirements of section 618(a)(1)(B) of the Resolution
Trust Corporation, Refinancing, Restructuring, and Improvement
Act of 1991 (12 U.S.C. 1831n note) are calculated using a risk-
weighting of 50 percent, in the same manner required under
subsection (a)(1)(A) of such section 618 with respect to single
family housing loans.
(5) Senior preferred stock purchase agreement.--The term
``Senior Preferred Stock Purchase Agreement'' means, with
respect to an enterprise, the Amended and Restated Senior
Preferred Stock Purchase Agreements, dated September 26, 2008,
amended May 6, 2009, further amended December 24, 2009, and
further amended August 17, 2012, between the Department of the
Treasury and such enterprise. | Housing Finance Restructuring Act of 2016 This bill directs the Department of the Treasury to modify the Senior Preferred Stock Purchase Agreement for each of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (enterprises) to: reduce to zero (deem as repaid in full) the liquidation preference on the Variable Liquidation Preference Senior Preferred Stocks of each enterprise; require redemption of the Variable Liquidation Preference Senior Preferred Stock of each enterprise upon a specified date, deeming it no longer outstanding and terminating all rights of the stockholders. Treasury shall exercise the warrants for the purchase of common stock of the enterprises under the Senior Preferred Stock Purchase Agreements. At any time an enterprise is not fully capitalized, the Federal Housing Finance Agency (FHFA) shall require that the net income (after deduction of all associated expenses) of each enterprise for the fiscal year be retained as capital reserves, and not be allocated to fund the Housing Trust Fund or the Capital Magnet Fund for affordable housing. The FHFA shall: report a capital restoration plan for each enterprise, and terminate the conservatorship of an enterprise when it attains an amount of capital equal to or exceeding 5% of its risk-weighted assets. Any individual or entity adversely affected or aggrieved by action or inaction on the part of the FHFA or Treasury in violation of this bill or the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 may commence a civil action in a U.S. district court for prospective injunctive relief against the FHFA or Treasury, as appropriate. | Housing Finance Restructuring Act of 2016 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``American
Opportunity and Freedom Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PERMANENT EXTENSION OF INCOME TAX RELIEF
Sec. 101. Repeal of EGTRRA sunset.
Sec. 102. Repeal of JGTRRA sunset.
Sec. 103. Technical and conforming amendments.
TITLE II--PERMANENT REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER
TAXES
Sec. 201. Repeal of estate and generation-skipping transfer taxes.
TITLE III--REPEAL OF ALTERNATIVE MINIMUM TAX
Sec. 301. Repeal of individual alternative minimum tax.
TITLE IV--REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE
Sec. 401. Repeal of tobacco product excise tax increase.
TITLE V--REPEAL OF TAX INCREASES RELATING TO PATIENT PROTECTION AND
AFFORDABLE CARE ACT
Sec. 501. Repeal of revenue provisions relating to PPACA.
Sec. 502. Repeal of tax provisions relating to individual mandate.
Sec. 503. Repeal of tax provisions relating to employer mandate.
TITLE I--PERMANENT EXTENSION OF INCOME TAX RELIEF
SEC. 101. REPEAL OF EGTRRA SUNSET.
Section 901 of the Economic Growth and Tax Relief Reconciliation
Act of 2001 is repealed.
SEC. 102. REPEAL OF JGTRRA SUNSET.
Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of
2003 is repealed.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS.
The Secretary of the Treasury or the Secretary's delegate shall,
not later than 90 days after the date of the enactment of this Act,
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a draft of
any technical and conforming changes in the Internal Revenue Code of
1986 which are necessary to reflect throughout such Code the purposes
of the provisions of, and amendments made by, this Act.
TITLE II--PERMANENT REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER
TAXES
SEC. 201. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of subtitle B
(relating to miscellaneous) is amended by adding at the end the
following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b), this
chapter shall not apply to the estates of decedents dying after
December 31, 2010.
``(b) Certain Distributions From Qualified Domestic Trusts.--In
applying section 2056A with respect to the surviving spouse of a
decedent dying on or before December 31, 2010--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made more than 10 years after such date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G of
chapter 13 of subtitle B (relating to administration) is amended by
adding at the end the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping transfers
after December 31, 2010.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 is
amended by adding at the end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 is
amended by adding at the end the following new item:
``Sec. 2664. Termination.''.
(d) Carryover Basis at Death and Other Changes Taking Effect With
Repeal.--So much of section 301 of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010 (relating to
reinstatement of estate tax; repeal of carryover basis) as relates to
the provisions of law amended by subtitle E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001 shall not apply to
estates of decedents dying, and transfers made, on or after the date of
the enactment of this Act.
(e) Sunset Not Applicable.--Section 304 of the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 is
hereby repealed.
(f) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and generation-skipping
transfers, after December 31, 2010.
TITLE III--REPEAL OF ALTERNATIVE MINIMUM TAX
SEC. 301. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM TAX.
(a) In General.--Subsection (a) of section 55 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
flush sentence:
``Except in the case of a corporation, no tax shall be imposed by this
section for any taxable year beginning after December 31, 2010, and the
tentative minimum tax of any taxpayer other than a corporation for any
such taxable year shall be zero for purposes of this title.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
TITLE IV--REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE
SEC. 401. REPEAL OF TOBACCO PRODUCT EXCISE TAX INCREASE.
(a) In General.--Each provision of the Internal Revenue Code of
1986 amended by section 701 of the Children's Health Insurance Program
Reauthorization Act of 2009 is amended as such provision would read if
such section had never been enacted.
(b) Floor Stocks Refund.--
(1) In general.--On tobacco products and cigarette papers
and tubes manufactured in or imported into the United States
which are removed on or before the date of the enactment of
this Act, and held on such date for sale by any person, there
shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this subsection referred to as
the ``taxpayer'') an amount equal to the excess of the tax paid
by the taxpayer on the article over the amount of such tax
which would be imposed on such article had the article been
removed on the day after the date of the enactment of this Act.
(2) Time for filing claims.--No credit or refund shall be
allowed or made under this subsection unless claim therefor is
filed with the Secretary of the Treasury before the date which
is 6 months after the date of the enactment of this Act.
(3) Definitions.--Any term used in this subsection which is
also used in section 5702 of the Internal Revenue Code of 1986
shall have the same meaning as such term has in such section.
(4) Controlled groups.--Rules similar to the rules of
section 5061(e)(3) of such Code shall apply for purposes of
this subsection.
(c) Effective Date.--The amendments made by this section shall
apply to articles removed (as defined in section 5702(j) of the
Internal Revenue Code of 1986) after the date of the enactment of this
Act.
TITLE V--REPEAL OF TAX INCREASES RELATING TO PATIENT PROTECTION AND
AFFORDABLE CARE ACT
SEC. 501. REPEAL OF REVENUE PROVISIONS RELATING TO PPACA.
Effective on the date of the enactment of this Act, subtitle F of
title I and title IX of the Patient Protection and Affordable Care Act,
as each is amended by title X of such Act, are repealed, and the
Internal Revenue Code of 1986 shall be applied as if such subtitle F
and such title IX had never been enacted.
SEC. 502. REPEAL OF TAX PROVISIONS RELATING TO INDIVIDUAL MANDATE.
Effective on the date of the enactment of this Act, section 5000A
of the Internal Revenue Code of 1986, section 6055 of such Code,
section 1502(c) of the Patient Protection and Affordable Care Act, and
any amendments made by section 1502(b) of such Act are repealed, and
the Internal Revenue Code of 1986 shall be applied as if such
provisions had never been enacted.
SEC. 503. REPEAL OF TAX PROVISIONS RELATING TO EMPLOYER MANDATE.
Effective on the date of the enactment of this Act, section 4980H
of the Internal Revenue Code of 1986, section 6056 of such Code,
section 1513(c) of the Patient Protection and Affordable Care Act, and
any amendments made by section 1514(b) of such Act are repealed, and
the Internal Revenue Code of 1986 shall be applied as if such
provisions had never been enacted. | American Opportunity and Freedom Act of 2012 - Repeals the terminating date (i.e., December 31, 2012) of: (1) the Economic Growth and Tax Relief Reconciliation Act of 2001, thus making such Act permanent; and (2) provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 reducing tax rates on dividends and capital gains.
Repeals the estate and generation-skipping transfer taxes for decedents dying and transfers made after December 31, 2010.
Repeals the alternative minimum tax (AMT) for individuals for taxable years beginning after 2010.
Repeals: (1) the increase in the excise tax rate on tobacco products, and (2) revenue offset provisions of the Patient Protection and Affordable Care Act (PPACA) and other tax provisions relating to the individual and employer mandate requiring the purchase of health insurance under PPACA. | To permanently extend tax relief and repeal certain tax increases. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Republic of Korea
Defense Cooperation Improvement Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Close and continuing cooperation in defense between the
United States and the Republic of Korea continues to be in the
national security interest of the United States.
(2) The Republic of Korea was designated a Major Non-NATO
Ally in 1987, the first such designation.
(3) The Republic of Korea has been a major purchaser of
United States defense articles and services through the Foreign
Military Sales (FMS) program, totaling $6,900,000,000 in
deliveries over the last 10 years.
(4) Purchases of United States defense articles, services,
and major defense equipment facilitate and increase the
interoperability of Republic of Korea military forces with
United States military forces.
(5) Congress has previously enacted important, special
defense cooperation arrangements for the Republic of Korea, as
in the Act entitled ``An Act to authorize the transfer of items
in the War Reserves Stockpile for Allies, Korea'', approved
December 30, 2005 (Public Law 109-159), which authorized the
President, notwithstanding section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), to transfer to the
Republic of Korea certain defense items to be included in a war
reserve stockpile for that country.
(6) Such actions by Congress and sales to the Republic of
Korea enhance defense ties with that country and ensure
favorable consideration by the Government of the Republic of
Korea when it considers acquisitions of certain weapons
systems.
(7) Enhanced support for defense cooperation with the
Republic of Korea is important to the national security of the
United States, including through creation of a status in law
for the Republic of Korea similar to the countries in the North
Atlantic Treaty Organization, Japan, Australia, and New
Zealand, with respect to consideration by Congress of foreign
military sales to the Republic of Korea.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that expeditious consideration of
certifications of letters of offer to sell defense articles, defense
services, design and construction services, and major defense equipment
to the Republic of Korea under section 36(b) of the Arms Export Control
Act (22 U.S.C. 2776(b)) is fully consistent with United States security
and foreign policy interests and the objectives of world peace and
security.
SEC. 4. AMENDMENTS TO ARMS EXPORT CONTROL ACT.
The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended--
(1) in section 3 (22 U.S.C. 2753)--
(A) in subsection (b)(2), by inserting ``the
Government of the Republic of Korea,'' before ``the
Government of Australia''; and
(B) in subsection (d)--
(i) in paragraph (2)(B), by inserting ``the
Republic of Korea,'' before ``Japan'';
(ii) in paragraph (3)(A)(i), by inserting
``the Republic of Korea,'' before
``Australia''; and
(iii) in paragraph (5), by inserting ``the
Republic of Korea,'' before ``Australia'';
(2) in section 21 (22 U.S.C. 2761)--
(A) in subsection (e)(2)(A), by inserting ``the
Republic of Korea,'' before ``Japan''; and
(B) in subsection (h)--
(i) in paragraph (1)(A), by inserting ``the
Republic of Korea,'' before ``Australia''; and
(ii) in paragraph (2), by striking ``or to
any member government of that Organization if
that Organization or member government'' and
inserting ``, to any member government of that
Organization, or to the Governments of the
Republic of Korea, Australia, New Zealand,
Japan, or Israel if that Organization, member
government, or the Governments of the Republic
of Korea, Australia, New Zealand, Japan, or
Israel'';
(3) in section 36 (22 U.S.C. 2776)--
(A) in subsection (b)--
(i) in paragraph (1), by inserting ``the
Republic of Korea,'' before ``Japan'';
(ii) in paragraph (2), by inserting ``the
Republic of Korea,'' before ``Japan''; and
(iii) in paragraph (6), by inserting ``the
Republic of Korea,'' before ``Australia'';
(B) in subsection (c), by inserting ``the Republic
of Korea,'' before ``Australia'' both places it
appears; and
(C) in subsection (d)(2)(A), by inserting ``the
Republic of Korea,'' before ``Australia'';
(4) in section 62(c)(1) (22 U.S.C. 2796a(c)(1)), by
inserting ``the Republic of Korea,'' before ``Australia''; and
(5) in section 63(a)(2) (22 U.S.C. 2796b(a)(2)), by
inserting ``the Republic of Korea,'' before ``Australia''.
SEC. 5. AMENDMENT TO FOREIGN ASSISTANCE ACT OF 1961.
Section 656(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2416(a)(2)) by inserting ``Republic of Korea,'' before ``Australia''. | United States-Republic of Korea Defense Cooperation Improvement Act of 2007 - Amends the Arms Export Control Act to include the Republic of Korea among those countries given preferential consideration with respect to certain: (1) arms export presidential certification and legislative review requirements; and (2) military training reporting requirements. | A bill to improve defense cooperation between the Republic of Korea and the United States. |
SECTION 1. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL
PRODUCTION.
(a) Purpose.--The purpose of this section is to prevent the
abandonment of marginal oil and gas wells responsible for half of the
domestic production of oil and gas in the United States.
(b) Credit for Producing Oil and Gas From Marginal Wells.--Subpart
D of part IV of subchapter A of chapter 1 of the Internal Revenue Code
of 1986 (relating to business credits) is amended by adding at the end
the following new section:
``SEC. 45G. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS.
``(a) General Rule.--For purposes of section 38, the marginal well
production credit for any taxable year is an amount equal to the
product of--
``(1) the credit amount, and
``(2) the qualified crude oil production and the qualified
natural gas production which is attributable to the taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount is--
``(A) $3 per barrel of qualified crude oil
production, and
``(B) 50 cents per 1,000 cubic feet of qualified
natural gas production.
``(2) Reduction as oil and gas prices increase.--
``(A) In general.--The $3 and 50 cents amounts
under paragraph (1) shall each be reduced (but not
below zero) by an amount which bears the same ratio to
such amount (determined without regard to this
paragraph) as--
``(i) the excess (if any) of the applicable
reference price over $15 ($1.67 for qualified
natural gas production), bears to
``(ii) $3 ($0.33 for qualified natural gas
production).
The applicable reference price for a taxable year is
the reference price for the calendar year preceding the
calendar year in which the taxable year begins.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2002,
each of the dollar amounts contained in subparagraph
(A) shall be increased to an amount equal to such
dollar amount multiplied by the inflation adjustment
factor for such calendar year (determined under section
43(b)(3)(B) by substituting `2001' for `1990').
``(C) Reference price.--For purposes of this
paragraph, the term `reference price' means, with
respect to any calendar year--
``(i) in the case of qualified crude oil
production, the reference price determined
under section 29(d)(2)(C), and
``(ii) in the case of qualified natural gas
production, the Secretary's estimate of the
annual average wellhead price per 1,000 cubic
feet for all domestic natural gas.
``(c) Qualified Crude Oil and Natural Gas Production.--For purposes
of this section--
``(1) In general.--The terms `qualified crude oil
production' and `qualified natural gas production' mean
domestic crude oil or natural gas which is produced from a
marginal well.
``(2) Limitation on amount of production which may
qualify.--
``(A) In general.--Crude oil or natural gas
produced during any taxable year from any well shall
not be treated as qualified crude oil production or
qualified natural gas production to the extent
production from the well during the taxable year
exceeds 1,095 barrels or barrel equivalents.
``(B) Proportionate reductions.--
``(i) Short taxable years.--In the case of
a short taxable year, the limitations under
this paragraph shall be proportionately reduced
to reflect the ratio which the number of days
in such taxable year bears to 365.
``(ii) Wells not in production entire
year.--In the case of a well which is not
capable of production during each day of a
taxable year, the limitations under this
paragraph applicable to the well shall be
proportionately reduced to reflect the ratio
which the number of days of production bears to
the total number of days in the taxable year.
``(3) Definitions.--
``(A) Marginal well.--The term `marginal well'
means a domestic well--
``(i) the production from which during the
taxable year is treated as marginal production
under section 613A(c)(6), except that `22
degrees' shall be substituted for `20 degrees'
in applying subparagraph (F) thereof, or
``(ii) which, during the taxable year--
``(I) has average daily production
of not more than 25 barrel equivalents,
and
``(II) produces water at a rate not
less than 95 percent of total well
effluent.
``(B) Crude oil, etc.--The terms `crude oil',
`natural gas', `domestic', and `barrel' have the
meanings given such terms by section 613A(e).
``(C) Barrel equivalent.--The term `barrel
equivalent' means, with respect to natural gas, a
conversion ratio of 6,000 cubic feet of natural gas to
1 barrel of crude oil.
``(d) Other Rules.--
``(1) Production attributable to the taxpayer.--In the case
of a marginal well in which there is more than one owner of
operating interests in the well and the crude oil or natural
gas production exceeds the limitation under subsection (c)(2),
qualifying crude oil production or qualifying natural gas
production attributable to the taxpayer shall be determined on
the basis of the ratio which the taxpayer's revenue interest in
the production bears to the aggregate of the revenue interests
of all operating interest owners in the production.
``(2) Operating interest required.--Any credit under this
section may be claimed only on production which is attributable
to the holder of an operating interest.
``(3) Production from nonconventional sources excluded.--In
the case of production from a marginal well which is eligible
for the credit allowed under section 29 for the taxable year,
no credit shall be allowable under this section unless the
taxpayer elects not to claim the credit under section 29 with
respect to the well.''.
(c) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (14), by striking the period at the end of paragraph
(15) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(16) the marginal oil and gas well production credit
determined under section 45G(a).''.
(d) Credit Allowed Against Regular and Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of the
Internal Revenue Code of 1986 (relating to limitation based on
amount of tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) Special rules for marginal oil and gas well
production credit.--
``(A) In general.--In the case of the marginal oil
and gas well production credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraphs (A) and (B)
thereof shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the marginal
oil and gas well production credit).
``(B) Marginal oil and gas well production
credit.--For purposes of this subsection, the term
`marginal oil and gas well production credit' means the
credit allowable under subsection (a) by reason of
section 45G(a).''.
(2) Conforming amendment.--Subclause (II) of section
38(c)(2)(A)(ii) of such Code is amended by inserting ``or the
marginal oil and gas well production credit'' after
``employment credit''.
(e) Carryback.--Subsection (a) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits generally) is amended by adding at the end the following new
paragraph:
``(3) 10-year carryback for marginal oil and gas well
production credit.--In the case of the marginal oil and gas
well production credit (as defined in section 38(c)(3))--
``(A) this section shall be applied separately from
the business credit (other than the marginal oil and
gas well production credit),
``(B) paragraph (1) shall be applied by
substituting `10 taxable years' for `1 taxable years'
in subparagraph (A) thereof, and
``(C) paragraph (2) shall be applied--
``(i) by substituting `31 taxable years'
for `21 taxable years' in subparagraph (A)
thereof, and
``(ii) by substituting `30 taxable years'
for `20 taxable years' in subparagraph (B)
thereof.''.
(f) Coordination With Section 29.--Section 29(a) of the Internal
Revenue Code of 1986 is amended by striking ``There'' and inserting
``At the election of the taxpayer, there''.
(g) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following item:
``45G. Credit for producing oil and gas
from marginal wells.''.
(h) Effective Date.--The amendments made by this section shall
apply to production in taxable years beginning after December 31, 2001.
SEC. 2. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES AND
DELAY RENTAL PAYMENTS.
(a) Purpose.--The purpose of this section is to recognize that
geological and geophysical expenditures and delay rentals are ordinary
and necessary business expenses that should be deducted in the year the
expense is incurred.
(b) Election To Expense Geological and Geophysical Expenditures.--
(1) In general.--Section 263 of the Internal Revenue Code
of 1986 (relating to capital expenditures) is amended by adding
at the end the following new subsection:
``(j) Geological and Geophysical Expenditures for Domestic Oil and
Gas Wells.--Notwithstanding subsection (a), a taxpayer may elect to
treat geological and geophysical expenses incurred in connection with
the exploration for, or development of, oil or gas within the United
States (as defined in section 638) as expenses which are not chargeable
to capital account. Any expenses so treated shall be allowed as a
deduction in the taxable year in which paid or incurred.''.
(2) Conforming amendment.--Section 263A(c)(3) of such Code
is amended by inserting ``263(j),'' after ``263(i),''.
(3) Effective date.--
(A) In general.--The amendments made by this
subsection shall apply to expenses paid or incurred
after the date of the enactment of this Act.
(B) Transition rule.--In the case of any expenses
described in section 263(j) of the Internal Revenue
Code of 1986, as added by this subsection, which were
paid or incurred on or before the date of the enactment
of this Act, the taxpayer may elect, at such time and
in such manner as the Secretary of the Treasury may
prescribe, to amortize the suspended portion of such
expenses over the 36-month period beginning with the
month in which the date of the enactment of this Act
occurs. For purposes of this subparagraph, the
suspended portion of any expense is that portion of
such expense which, as of the first day of the 36-month
period, has not been included in the cost of a property
or otherwise deducted.
(c) Election To Expense Delay Rental Payments.--
(1) In general.--Section 263 of the Internal Revenue Code
of 1986 (relating to capital expenditures), as amended by
subsection (b)(1), is amended by adding at the end the
following new subsection:
``(k) Delay Rental Payments for Domestic Oil and Gas Wells.--
``(1) In general.--Notwithstanding subsection (a), a
taxpayer may elect to treat delay rental payments incurred in
connection with the development of oil or gas within the United
States (as defined in section 638) as payments which are not
chargeable to capital account. Any payments so treated shall be
allowed as a deduction in the taxable year in which paid or
incurred.
``(2) Delay rental payments.--For purposes of paragraph
(1), the term `delay rental payment' means an amount paid for
the privilege of deferring the drilling of an oil or gas well
under an oil or gas lease.''.
(2) Conforming amendment.--Section 263A(c)(3) of such Code,
as amended by subsection (b)(2), is amended by inserting
``263(k),'' after ``263(j),''.
(3) Effective date.--
(A) In general.--The amendments made by this
subsection shall apply to payments made or incurred
after the date of the enactment of this Act.
(B) Transition rule.--In the case of any expenses
described in section 263(k) of the Internal Revenue
Code of 1986, as added by this subsection, which were
paid or incurred on or before the date of the enactment
of this Act, the taxpayer may elect, at such time and
in such manner as the Secretary of the Treasury may
prescribe, to amortize the suspended portion of such
expenses over the 36-month period beginning with the
month in which the date of the enactment of this Act
occurs. For purposes of this subparagraph, the
suspended portion of any expense is that portion of
such expense which, as of the first day of the 36-month
period, has not been included in the cost of a property
or otherwise deducted. | Amends the Internal Revenue Code to allow a tax credit for marginal domestic oil and natural gas well production during any taxable year in the amount of $3 per barrel of qualified crude oil production and 50 cents per 1,000 cubic feet of qualified natural gas production, reduced, but not below zero, as oil and gas prices increase. States that the limitation to the general business credit, based on the amount of tax, shall not be reduced by the amount of the marginal oil and gas well credit.Allows both geological and geophysical expenditures on domestic oil and gas exploration and development and delay rental payments, at the taxpayer's election, to be deducted from gross income at the time incurred. | A bill to amend the Internal Revenue Code of 1986 to allow a tax credit for marginal domestic oil and natural gas well production and an election to expense geological and geophysical expenditures and delay rental payments. |
SECTION 1. STANDARDS OF PERFORMANCE FOR ELECTRIC UTILITY UNITS.
(a) Findings.--Congress finds that--
(1) older electric utility units are exempt from strict
emission control requirements applicable to newer facilities,
allowing some older units to emit greater quantities of
dangerous pollutants;
(2) this disparity in regulatory treatment is of particular
concern in the new era of electric utility restructuring, which
was never envisioned at the time of enactment of the Clean Air
Act (42 U.S.C. 7401 et seq.) or amendments to that Act;
(3) in an era of electric utility restructuring, utilities
that spend less money on environmental controls will be able to
increase their generation of power and emissions of dangerous
pollutants;
(4) this situation results in an unfair competitive
disadvantage for utilities that generate electricity while
meeting strict environmental standards; and
(5) electricity restructuring can result in enormous
benefits for consumers and the environment if done right.
(b) Standards.--Section 111 of the Clean Air Act (42 U.S.C. 7411)
is amended by adding at the end the following:
``(k) Standards of Performance for Electric Generating Units.--
``(1) Definition of grandfathered unit.--In this
subsection, the term `grandfathered unit' means a fossil fuel-
fired electric utility unit that, before the date of enactment
of this subsection, was not subject to the standards of
performance set forth in subpart D of part 60 of title 40, Code
of Federal Regulations, or to any subsequently adopted standard
of performance under this section applicable to fossil fuel-
fired electric utility units.
``(2) Applicability.--Notwithstanding any other provision
of law, in the case of a fossil fuel-fired electric utility
unit, a standard of performance under this section that applies
to new or modified electric utility units shall also apply to a
grandfathered unit that--
``(A) has the capacity to generate more than 25
megawatts of electrical output per hour; and
``(B) generates electricity that flows through
transmission or connected facilities that cross State
lines (including electricity in a transaction that for
regulatory purposes is treated as an intrastate rather
than an interstate transaction).
``(3) Deadlines for compliance.--Each grandfathered unit
shall comply with--
``(A) a standard of performance established under
this section before the date of enactment of this
subsection, not later than 5 years after the date of
enactment of this subsection; and
``(B) a standard of performance established under
this section on or after the date of enactment of this
subsection, not later than 3 years after the date of
establishment of the standard.
``(4) Alternative compliance.--
``(A) In general.--To provide an alternative means
of complying with standards of performance made
applicable by this subsection, the Administrator
shall--
``(i) establish national annual limitations
for calendar year 2003 and each calendar year
thereafter for each pollutant subject to the
standards at a level that is equal to the
aggregate emissions of each pollutant that
would result from application of the standards
to all electric utility units subject to this
section;
``(ii) allocate transferable allowances for
pollutants subject to the standards to electric
utility units subject to this section in an
annual quantity not to exceed the limitations
established under clause (i) based on each
unit's share of the total electric generation
from such units in each calendar year; and
``(iii) require grandfathered units to meet
the standards by emitting in any calender year
no more of each pollutant regulated under this
section than the quantity of allowances that
the unit holds for the pollutant for the
calendar year.
``(B) Calculation of limitations.--In calculating
the limitations under subparagraph (A)(i), the
Administrator shall apply the standard for the
applicable fuel type in effect in calendar year 2000.
``(5) No effect on obligation to comply with other
provisions.--Nothing in this subsection affects the obligation
of an owner or operator of a source to comply with--
``(A) any standard of performance under this
section that applies to the source under any provision
of this section other than this subsection; or
``(B) any other provision of this Act (including
provisions relating to National Ambient Air Quality
Standards and State Implementation Plans).''. | Amends the Clean Air Act to require emissions standards of performance for new or modified fossil fuel-fired electric utility units to apply to grandfathered units (units that were not subject to standards set forth in Federal regulations pertaining to fossil fuel-fired steam generators for which construction is commenced after August 17, 1971, and certain other steam generating units or to subsequent standards for such units) that: (1) have the capacity to generate more than 25 megawatts of electrical output per hour; and (2) generate electricity that flows through transmission or connected facilities that cross State lines (including electricity in a transaction that for regulatory purposes is treated as an intrastate rather than an interstate transaction).
Requires grandfathered units to comply with standards established before this Act's enactment within five years of this Act's enactment and within three years of enactment of any standard established after this Act's enactment.
Directs the Administrator of the Environmental Protection Agency, to provide an alternative means of complying with such standards, to: (1) establish national annual limitations for calendar year 2003 and subsequent years for each pollutant subject to standards at a level equal to the aggregate emissions of each pollutant that would result from application of the standards to all affected electric utility units; (2) allocate transferable allowances for such pollutants to such units in an annual quantity not to exceed such limitations based on each unit's share of the total electric generation from such units in each year; and (3) require grandfathered units to meet standards by emitting no more of each regulated pollutant than the quantity of allowances held by such units for the year. | A bill to amend the Clean Air to repeal the grandfather status for electric utility units. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John P. Smith Act''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. APPLICATION OF CATEGORICAL EXCLUSIONS TO CERTAIN TRIBAL
TRANSPORTATION FACILITIES.
(a) Definition of Tribal Transportation Safety Project.--
(1) In general.--In this section, the term ``tribal
transportation safety project'' means a project described in
paragraph (2) that is eligible for funding under section 202 of
title 23, United States Code, and that--
(A) corrects or improves a hazardous road location
or feature; or
(B) addresses a highway safety problem.
(2) Projects described.--A project described in this
paragraph is a project for one or more of the following:
(A) An intersection safety improvement.
(B) Pavement and shoulder widening (including the
addition of a passing lane to remedy an unsafe
condition).
(C) Installation of rumble strips or another
warning device, if the rumble strips or other warning
devices do not adversely affect the safety or mobility
of bicyclists and pedestrians, including persons with
disabilities.
(D) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
(E) An improvement for pedestrian or bicyclist
safety or the safety of persons with disabilities.
(F) Construction and improvement of a railway-
highway grade crossing safety feature, including the
installation of protective devices.
(G) The conduct of a model traffic enforcement
activity at a railway-highway crossing.
(H) Construction of a traffic calming feature.
(I) Elimination of a roadside hazard.
(J) Installation, replacement, and other
improvements of highway signage and pavement markings
or a project to maintain minimum levels of
retroreflectivity that addresses a highway safety
problem consistent with a State strategic highway
safety plan.
(K) Installation of a priority control system for
emergency vehicles at signalized intersections.
(L) Installation of a traffic control or other
warning device at a location with high crash potential.
(M) Transportation safety planning.
(N) Collection, analysis, and improvement of safety
data.
(O) Planning integrated interoperable emergency
communications equipment, operational activities, or
traffic enforcement activities (including police
assistance) relating to work zone safety.
(P) Installation of guardrails, barriers (including
barriers between construction work zones and traffic
lanes for the safety of road users and workers), and
crash attenuators.
(Q) The addition or retrofitting of structures or
other measures to eliminate or reduce crashes involving
vehicles and wildlife.
(R) Installation of yellow-green signs and signals
at pedestrian and bicycle crossings and in school
zones.
(S) Construction and operational improvements on a
high risk rural road (as defined in section 148(a) of
title 23, United States Code).
(T) Geometric improvements to a road for the
purposes of safety improvement.
(U) A road safety audit.
(V) Roadway safety infrastructure improvements
consistent with the recommendations included in the
publication of the Federal Highway Administration
entitled ``Handbook for Designing Roadways for the
Aging Population'' (FHWA-SA-14-015), dated June 2014
(or a revised or updated publication).
(W) Truck parking facilities eligible for funding
under section 1401 of MAP-21 (23 U.S.C. 137 note;
Public Law 112-141).
(X) Systemic safety improvements.
(Y) Installation of vehicle-to-infrastructure
communication equipment.
(Z) Pedestrian hybrid beacons.
(AA) Roadway improvements that provide separation
between pedestrians and motor vehicles, including
medians and pedestrian crossing islands.
(BB) A physical infrastructure safety project not
described in subparagraphs (A) through (AA).
(b) New Categorical Exclusions.--
(1) Review of existing categorical exclusions.--The
Secretary shall review the categorical exclusions under section
771.117 of title 23, Code of Federal Regulations (or successor
regulations), to determine which, if any, are applicable for
use by the Secretary in review of projects eligible for
assistance under section 202 of title 23, United States Code.
(2) Review of tribal transportation safety projects.--The
Secretary shall identify tribal transportation safety projects
that meet the requirements for categorical exclusions under
sections 1507.3 and 1508.4 of title 40, Code of Federal
Regulations.
(3) Proposal.--The Secretary shall issue a proposed rule,
in accordance with sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations, to propose any categorical exclusions
identified under paragraphs (1) and (2).
(4) Deadline.--Not later than 180 days after the date of
enactment of this Act, and after considering any comments on
the proposed rule issued under paragraph (3), the Secretary
shall promulgate a final rule for the categorical exclusions,
in accordance with sections 1507.3 and 1508.4 of title 40, Code
of Federal Regulations.
(5) Technical assistance.--The Secretary of Transportation
shall provide technical assistance to the Secretary in carrying
out this subsection.
(c) Reviews of Tribal Transportation Safety Projects.--
(1) In general.--The Secretary or the head of another
Federal agency responsible for a decision related to a tribal
transportation safety project shall complete any approval or
decision for the review of the tribal transportation safety
project required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other applicable Federal
law on an expeditious basis using the shortest existing
applicable process.
(2) Review of applications.--Not later than 45 days after
the date of receipt of a complete application by an Indian
tribe for approval of a tribal transportation safety project,
the Secretary shall--
(A) take final action on the application; or
(B) provide the Indian tribe a schedule for
completion of the review described in paragraph (1),
including the identification of any other Federal
agency that has jurisdiction with respect to the
project.
(3) Decisions under other federal laws.--In any case in
which a decision under any other Federal law relating to a
tribal transportation safety project (including the issuance or
denial of a permit or license) is required, not later than 45
days after the Secretary has made all decisions of the lead
agency under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the project, the head of
the Federal agency responsible for the decision shall--
(A) make the applicable decision; or
(B) provide the Indian tribe a schedule for making
the decision.
(4) Extensions.--The Secretary or the head of an applicable
Federal agency may extend the period under paragraph (2) or
(3), as applicable, by an additional 30 days by providing the
Indian tribe notice of the extension, including a statement of
the need for the extension.
(5) Notification and explanation.--In any case in which a
required action is not completed by the deadline under
paragraph (2), (3), or (4), as applicable, the Secretary or the
head of a Federal agency, as applicable, shall--
(A) notify the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the
House of Representatives of the failure to comply with
the deadline; and
(B) provide to the Committees described in
subparagraph (A) a detailed explanation of the reasons
for the failure to comply with the deadline.
SEC. 4. PROGRAMMATIC AGREEMENTS FOR CATEGORICAL EXCLUSIONS.
(a) In General.--The Secretary shall enter into programmatic
agreements with Indian tribes that establish efficient administrative
procedures for carrying out environmental reviews for projects eligible
for assistance under section 202 of title 23, United States Code.
(b) Inclusions.--A programmatic agreement under subsection (a)--
(1) may include an agreement that allows an Indian tribe to
determine, on behalf of the Secretary, whether a project is
categorically excluded from the preparation of an environmental
assessment or environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) shall--
(A) require that the Indian tribe maintain adequate
capacity in terms of personnel and other resources to
carry out applicable agency responsibilities pursuant
to section 1507.2 of title 40, Code of Federal
Regulations (or successor regulations);
(B) set forth the responsibilities of the Indian
tribe for making categorical exclusion determinations,
documenting the determinations, and achieving
acceptable quality control and quality assurance;
(C) allow--
(i) the Secretary to monitor compliance of
the Indian tribe with the terms of the
agreement; and
(ii) the Indian tribe to execute any needed
corrective action;
(D) contain stipulations for amendments,
termination, and public availability of the agreement
once the agreement has been executed; and
(E) have a term of not more than 5 years, with an
option for renewal based on a review by the Secretary
of the performance of the Indian tribe.
Passed the Senate November 29, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 302
_______________________________________________________________________
AN ACT
To enhance tribal road safety, and for other purposes. | John P. Smith Act (Sec. 3) This bill modifies the approval process under the National Environmental Policy Act (NEPA) for tribal transportation safety projects to categorically exclude qualifying projects from requirements to conduct environmental assessments and environmental impact statements. A tribal transportation safety project is one that is eligible for assistance under the tribal transportation program and that: (1) corrects or improves a hazardous road location or feature, or (2) addresses a highway safety problem. The Department of the Interior must: (1) review existing Federal Highway Administration categorical exclusions to determine applicability to tribal transportation program projects, and (2) identify tribal transportation safety projects that meet general categorical exclusion requirements. Interior must establish categorical exclusions for tribal projects consistent with its findings. The bill prescribes requirements for the expedited review and approval of tribal transportation safety projects under NEPA or other federal laws. (Sec. 4) Interior must enter into five-year programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for tribal transportation program projects. An agreement may allow a tribe to determine whether a project is categorically excluded from the preparation of an environmental assessment or impact statement under NEPA. | John P. Smith Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Security and
Technology Accountability Act of 2018''.
SEC. 2. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
(a) In General.--Title XVI of the Homeland Security Act of 2002 (6
U.S.C. 561 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Surface Transportation Security
``SEC. 1621. SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Administrator of the Transportation
Security Administration (referred to in this section as the
`Administrator') shall establish within the Transportation Security
Administration the Surface Transportation Security Advisory Committee
(referred to in this section as the `Advisory Committee').
``(b) Duties.--
``(1) In general.--The Advisory Committee may advise,
consult with, report to, and make recommendations to the
Administrator on surface transportation security matters,
including the development, refinement, and implementation of
policies, programs, initiatives, rulemakings, and security
directives pertaining to surface transportation security.
``(2) Risk-based security.--The Advisory Committee shall
consider risk-based security approaches in the performance of
its duties.
``(c) Membership.--
``(1) Composition.--The Advisory Committee shall be
composed of--
``(A) voting members appointed by the Administrator
under paragraph (2); and
``(B) nonvoting members, serving in an advisory
capacity, who shall be designated by--
``(i) the Transportation Security
Administration;
``(ii) the Department of Transportation;
and
``(iii) such other Federal department or
agency as the Administrator considers
appropriate.
``(2) Appointment.--The Administrator shall appoint voting
members from among stakeholders representing each mode of
surface transportation, such as passenger rail, freight rail,
mass transit, pipelines, highways, over-the-road bus, and
trucking, including representatives from--
``(A) associations representing such modes of
surface transportation;
``(B) labor organizations representing such modes
of surface transportation;
``(C) groups representing the users of such modes
of surface transportation, including asset
manufacturers, as appropriate;
``(D) relevant law enforcement, first responders,
and security experts; and
``(E) such other groups as the Administrator
considers appropriate.
``(3) Chairperson.--The Advisory Committee shall select a
chairperson from among its voting members.
``(4) Term of office.--
``(A) Terms.--
``(i) In general.--The term of each voting
member of the Advisory Committee shall be 2
years, but a voting member may continue to
serve until the Administrator appoints a
successor.
``(ii) Reappointment.--A voting member of
the Advisory Committee may be reappointed.
``(B) Removal.--
``(i) In general.--The Administrator may
review the participation of a member of the
Advisory Committee and remove such member for
cause at any time.
``(ii) Access to certain information.--The
Administrator may remove any member of the
Advisory Committee who the Administrator
determines should be restricted from reviewing,
discussing, or possessing classified
information or sensitive security information.
``(5) Prohibition on compensation.--The members of the
Advisory Committee may not receive any compensation from the
Government by reason of their service on the Advisory
Committee.
``(6) Meetings.--
``(A) In general.--The Advisory Committee shall
meet at least semiannually in person or through web
conferencing, and may convene additional meetings as
necessary.
``(B) Public meetings.--At least one of the
meetings of the Advisory Committee each year shall be--
``(i) announced in the Federal Register;
``(ii) announced on a public website; and
``(iii) open to the public.
``(C) Attendance.--The Advisory Committee shall
maintain a record of the persons present at each
meeting.
``(D) Minutes.--
``(i) In general.--Unless otherwise
prohibited by Federal law, minutes of the
meetings of the Advisory Committee shall be
published on the public website under
subsection (e)(5).
``(ii) Protection of classified and
sensitive information.--The Advisory Committee
may redact or summarize, as necessary, minutes
of the meetings to protect classified
information or sensitive security information
in accordance with law.
``(7) Voting member access to classified information and
sensitive security information.--
``(A) Determinations.--Not later than 60 days after
the date on which a voting member is appointed to the
Advisory Committee but before such voting member may be
granted any access to classified information or
sensitive security information, the Administrator shall
determine if such voting member should be restricted
from reviewing, discussing, or possessing classified
information or sensitive security information.
``(B) Access.--
``(i) Sensitive security information.--If a
voting member is not restricted from reviewing,
discussing, or possessing sensitive security
information under subparagraph (A) and
voluntarily signs a nondisclosure agreement,
such voting member may be granted access to
sensitive security information that is relevant
to such voting member's service on the Advisory
Committee.
``(ii) Classified information.--Access to
classified materials shall be managed in
accordance with Executive Order No. 13526 of
December 29, 2009 (75 Fed. Reg. 707), or any
subsequent corresponding Executive order.
``(C) Protections.--
``(i) Sensitive security information.--
Voting members shall protect sensitive security
information in accordance with part 1520 of
title 49, Code of Federal Regulations.
``(ii) Classified information.--Voting
members shall protect classified information in
accordance with the applicable requirements for
the particular level of classification of such
information.
``(8) Joint committee meetings.--The Advisory Committee may
meet with one or more of the following advisory committees to
discuss multimodal security issues and other security-related
issues of common concern:
``(A) Aviation Security Advisory Committee,
established under section 44946 of title 49, United
States Code.
``(B) Maritime Security Advisory Committee,
established under section 70112 of title 46, United
States Code.
``(C) Railroad Safety Advisory Committee,
established by the Federal Railroad Administration.
``(9) Subject matter experts.--The Advisory Committee may
request the assistance of subject matter experts with expertise
related to the jurisdiction of the Advisory Committee.
``(d) Reports.--
``(1) Periodic reports.--The Advisory Committee shall
periodically submit to the Administrator reports on matters
requested by the Administrator or by a majority of the members
of the Advisory Committee.
``(2) Annual report.--
``(A) Submission.--The Advisory Committee shall
submit to the Administrator and the Committee on
Homeland Security of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate an annual report that provides
information on the activities, findings, and
recommendations of the Advisory Committee during the
preceding year.
``(B) Publication.--Not later than 6 months after
the date that the Administrator receives an annual
report under subparagraph (A), the Administrator shall
publish a public version of such report, in accordance
with section 552a(b) of title 5, United States Code.
``(e) Administration Response.--
``(1) Consideration.--The Administrator shall consider the
information, advice, and recommendations of the Advisory
Committee in formulating policies, programs, initiatives,
rulemakings, and security directives pertaining to surface
transportation security efforts.
``(2) Feedback.--Not later than 90 days after the date that
the Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2), the Administrator shall
submit to the Advisory Committee written feedback on such
recommendation, including--
``(A) if the Administrator agrees with such
recommendation, a plan describing the actions that the
Administrator has taken, will take, or recommends that
the head of another Federal department or agency take
to implement such recommendation; or
``(B) if the Administrator disagrees with such
recommendation, a justification for such disagreement.
``(3) Notices.--Not later than 30 days after the date the
Administrator submits feedback under paragraph (2), the
Administrator shall--
``(A) notify the Committee on Homeland Security of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate of
such feedback, including the agreement or disagreement
under subparagraph (A) or (B) of such paragraph, as
applicable; and
``(B) provide the committees specified in
subparagraph (A) with a briefing upon request.
``(4) Updates.--Not later than 90 days after the date the
Administrator receives a recommendation from the Advisory
Committee under subsection (d)(2) that the Administrator agrees
with, and quarterly thereafter until such recommendation is
fully implemented, the Administrator shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report or post on the public website under
paragraph (5) an update on the status of such recommendation.
``(5) Website.--The Administrator shall maintain a public
website that--
``(A) lists the members of the Advisory Committee;
``(B) provides the contact information for the
Advisory Committee; and
``(C) information relating to meetings, minutes,
annual reports, and the implementation of
recommendations under this section.
``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Advisory Committee or any
subcommittee established under this section.''.
(b) Advisory Committee Members.--
(1) Voting members.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of the
Transportation Security Administration shall appoint the voting
members of the Surface Transportation Security Advisory
Committee established under section 1621 of the Homeland
Security Act of 2002, as added by subsection (a) of this
section.
(2) Nonvoting members.--Not later than 90 days after the
date of the enactment of this Act, each Federal department and
agency with regulatory authority over a mode of surface
transportation, as the Administrator of the Transportation
Security Administration considers appropriate, shall designate
an appropriate representative to serve as a nonvoting member of
the Surface Transportation Security Advisory Committee.
(c) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 1616 the following new items:
``Subtitle C--Surface Transportation Security
``Sec. 1621. Surface Transportation Security Advisory Committee.''.
SEC. 3. TECHNOLOGY INVESTMENT PLAN.
(a) In General.--Section 1611 of the Homeland Security Act of 2002
(6 U.S.C. 563) is amended by adding at the end the following new
subsection:
``(h) Additional Update Requirements.--Updates and reports required
pursuant to subsection (g) shall--
``(1) be prepared in consultation with individuals and
entity specified in subsection (b), as well as the Surface
Transportation Security Advisory Committee established by the
Administrator pursuant to section 1621;
``(2) include information relating to technology
investments by the Transportation Security Administration and
the private sector that the Department supports with research,
development, testing, and evaluation for aviation, air cargo,
and surface transportation security; and
``(3) to the extent practicable, include a classified
addendum to report sensitive transportation security risks and
associated capability gaps that would be best addressed by
security-related technology described in paragraph (2).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply
beginning with the first update and report required under subsection
(g) of section 1611 of the Homeland Security Act of 2002 that is
required after such date.
Passed the House of Representatives June 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Surface Transportation Security and Technology Accountability Act of 2018 (Sec. 2) This bill amends the Homeland Security Act of 2002 to: (1) direct the Transportation Security Administration (TSA) to establish within itself the the Surface Transportation Security Advisory Committee to advise the TSA on surface transportation security, and (2) require the TSA to consult with the advisory committee when preparing updates to the five-year technology investment plan and to include a classified addendum to report sensitive transportation security risks and associated capability gaps. | Surface Transportation Security and Technology Accountability Act of 2018 |
TITLE I--DISPOSAL OF LANDS IN OKLAHOMA
SECTION 101. SALE OF BLACK KETTLE AND RITA BLANCA NATIONAL GRASSLANDS
AND PROPERTY SURROUNDING OPTIMA LAKE AND RECREATION AREA.
(a) General Directive.--Not later than September 30, 1996, and in
accordance with this Act--
(1) the Secretary of Agriculture shall offer for sale to
the public at fair market value all right, title, and interest
of the United States in and to the surface estate of those
portions of the Cibola National Forest, other than the property
subject to section 102, which are more particularly described
as--
(A) the Black Kettle National Grasslands, located
in the State of Oklahoma; and
(B) the Rita Blanca National Grasslands, located in
the State of Oklahoma; and
(2) the Secretary of the Army, acting through the Chief of
Engineers, shall offer for sale to the public at fair market
value all right, title, and interest of the United States in
and to the real property acquired by the United States for the
project for flood control, Optima Lake, North Canadian River
Basin, Oklahoma, authorized by the Flood Control Act of 1936
(49 Stat. 1570).
(b) Right of First Refusal.--Prior to offering lands for sale to
the public under subsection (a), the Secretary shall afford the
individuals from whom the lands were acquired by the United States or
their descendants the opportunity to acquire the lands at fair market
value.
(c) Waiver.--The sale and transfer of lands under this Act shall
not be subject to the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 471).
SEC. 102. TRANSFERS OF PROPERTY FOR CERTAIN PUBLIC PURPOSES.
(a) Skipout Lake, Dead Indian Lake, and Spring Creek Lake.--Not
later than September 30, 1996, and upon request of the State of
Oklahoma, the Secretary of Agriculture shall transfer, without
consideration, to the Department of Tourism and Recreation of the State
of Oklahoma those lands located in Roger Mills County, Oklahoma, known
as Skipout Lake, Dead Indian Lake, and Spring Creek Lake, more
particularly described as follows:
(1) Skipout lake.--West Half and Northeast Quarter of
Section 5, Township 13 North, Range 25 West, Indian Meridian,
Roger Mills County, Oklahoma.
(2) Dead indian lake.--East Half of Section 26 and the East
Half of Northwest Quarter of Section 26, Township 15 North,
Range 24 West, Indian Meridian, Roger Mills County, Oklahoma.
Southeast Quarter of the Southwest Quarter of Section 23,
Township 15 North, Range 24 West, Indian Meridian, Roger Mills
County, Oklahoma.
(3) Spring creek lake.--East Half of the Southwest Quarter
of Section 15, Township 15 North, Range 25 West, Indian
Meridian, Roger Mills County, Oklahoma.
West Half of the Southwest Quarter of Section 14, Township
15 North, Range 25 West, Indian Meridian, Roger Mills County,
Oklahoma.
(b) Optima Lake, North Canadian River Basin, Oklahoma.--
(1) Project deauthorization.--The project for flood
control, Optima Lake, North Canadian River Basin, Oklahoma,
authorized by the Flood Control Act of 1936 (49 Stat. 1570), is
not authorized after the date of the enactment of this Act.
(2) Transfer of property.--
(A) In general.--The Secretary shall transfer to
the State of Oklahoma, without consideration, all
right, title, and interest of the United States to that
portion of the real property described in subparagraph
(C), including all works, structures, and other
improvements to the real property.
(B) Terms and conditions.--The deed of conveyance
for the transfer of real property and improvements
under subparagraph (A) shall include such terms and
conditions as may be necessary to ensure that--
(i) the State of Oklahoma will hold the
United States harmless from all claims arising
from or through the operation of the real
property and improvements; and
(ii) the State of Oklahoma will prohibit in
perpetuity the construction of any residential
or commercial structure in the flood plain
created by the dam located on the real property
and if the State does not prohibit such
construction all or any portion of the real
property will in its then existing condition,
at the option of the United States, revert to
the United States.
(C) The real property referred to in subparagraph
(A) consists of lands associated with the earthen dam,
and the recreation area adjacent to the dam, as
generally depicted on the map of the Corps of
Engineers, Tulsa District, entitled ``Optima Lake
Public Hunting Area'', dated 1993.
TITLE II--WASHITA BATTLEFIELD NATIONAL HISTORIC SITE
SEC. 201. SHORT TITLE.
This title may be cited as the ``Washita Battlefield National
Historic Site Act of 1995.''.
SEC. 202. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Battle of the Washita, November 27, 1868, was one
of the largest engagements between Plains tribes and the United
States Army on the Southern Great Plains. The site is a
registered National Historic Landmark;
(2) Lt. Colonel George A. Custer, leading the 7th United
States Calvary, attacked the sleeping Cheyenne village of peace
chief Black Kettle. Custer's attack resulted in more than 150
Indian casualties, many of them women and children;
(3) the Battle of the Washita symbolizes the struggle of
the Southern Great Plains tribes to maintain their traditional
lifeways and not to submit to reservation confinement; and
(4) the Washita battle site possesses a high degree of
integrity and the cultural landscape is essentially intact. The
Cheyenne village site has not been altered substantially except
by periodic flooding of the Washita River.
(b) Purposes.--The purposes of this title are to--
(1) recognize the importance of the Battle of the Washita
as a nationally significant element of frontier military
history and as a symbol of the struggles of the Southern Great
Plains tribes to maintain control of their traditional use
areas; and
(2) establish the site of the Battle of the Washita as a
national historic site and provide opportunities for American
Indian groups including the Cheyenne-Arapaho Tribe to be
involved in the formulation of plans and educational programs
for the national historic site.
SEC. 203. ESTABLISHMENT.
(a) In General.--In order to provide for the preservation and
interpretation of the Battle of the Washita, there is hereby
established the Washita Battlefield National Historic Site in the State
of Oklahoma (hereafter in this title referred to as the ``national
historic site'').
(b) Boundary.--
(1) In general.--The national historic site shall consist
of--
(A) approximately 326 acres, as generally depicted
on the map entitled ``Washita Battlefield National
Historic Site'', numbered 20,000A and dated 12/95; and
(B) the private lands subject to conservation
easements referred to in section 205(b).
(2) Map.--The map referred to in paragraph (1) shall be on
file in the offices of the Director of the National Park
Service, Department of the Interior, and other appropriate
offices of the National Park Service. The Secretary of the
Interior (hereafter in this title referred to as the
``Secretary'') may, from time to time, make minor revisions in
the boundary of the national historic site in accordance with
section 7(c) of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-4 and following).
SEC. 204. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall manage the national historic site in
accordance with this title and the provisions of law generally
applicable to units of the National Park System, including ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(b) Management Purposes.--The Secretary shall manage the national
historic site for the following purposes, among others:
(1) To protect and preserve the national historic site,
including the topographic features important to the battle
site, artifacts and other physical remains of the battle, and
the visual scene as closely as possible as it was at the time
of the battle.
(2) To interpret the cultural and natural resources of the
historic site, providing for public understanding and
appreciation of the area in such manner as to perpetuate these
qualities and values for future generations.
(c) Consultation and Training.--The Secretary, acting through the
Director of the National Park Service, shall consult regularly with the
Cheyenne-Arapaho Tribe on the formulation of the management plan
provisions referred to in section 206(5) of this title and on
preparation of educational programs provided to the public. The
Secretary is authorized to enter into cooperative agreements with the
Cheyenne-Arapaho Tribe, its subordinate boards, committees,
enterprises, and traditional leaders to further the purposes of this
title.
SEC. 205. ACQUISITION OF PROPERTY.
(a) Park Boundaries.--Within the boundaries of the national
historic site, the Secretary is authorized to acquire lands and
interest in lands by donation, purchase with donated or appropriated
funds, or exchange, except that--
(1) no lands or interest in lands within the historic site
may be acquired without the consent of the owner thereof, and
(2) lands and interests in lands owned by the State of
Oklahoma or any political subdivision thereof may be acquired
only by donation.
(b) Conservation Easements.--The Congress finds that the State of
Oklahoma, acting through the Oklahoma Historical Society, will work
with local land owners to acquire and hold in perpetuity conservation
easements in the vicinity of the national historic site as deemed
necessary for the visual and interpretive integrity of the site. The
intent of the easements will be to keep occupancy of the land in
private ownership and use of the land in general agriculture.
SEC. 206. MANAGEMENT PLAN.
Within five years after the date funds are made available for
purposes of this title, the Secretary, acting through the Director of
the National Park Service, shall prepare a general management plan for
the national historic site. The plan shall address, but not be limited
to, each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and facilities
that will be provided for public use, including the location
and cost of public facilities.
(3) A research and curation plan.
(4) A highway signing program.
(5) Involvement by the Cheyenne-Arapaho Tribe in the
formulation of educational programs for the national historic
site.
(6) Involvement by the State of Oklahoma and other local
and national entities willing to share in the responsibilities
of developing and supporting the national historic site.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this title. | TABLE OF CONTENTS:
Title I: Disposal of Lands in Oklahoma
Title II: Washita Battlefield National Historic Site
Title I: Disposal of Lands in Oklahoma
- Provides for the sale of the Black Kettle and the Rita Blanca National Grasslands, Oklahoma, and certain lands surrounding Optima Lake, North Canadian River basin, Oklahoma. Grants right of first refusal to the original owners or their descendants.
Directs the Secretary of Agriculture, upon request of Oklahoma, to transfer to the Oklahoma Department of Tourism and Recreation certain lands in Rogers Mills County, Oklahoma.
Title II: Washita Battlefield National Historic Site
- Washita Battlefield National Historic Site Act of 1995 - Establishes the Washita Battlefield National Historic Site in Oklahoma to provide for the preservation and interpretation of the Battle of the Washita.
Directs the Secretary of the Interior, through the National Park Service, to consult, and authorizes cooperative agreements with, the Cheyenne-Arapaho Tribe, in developing a management plan and public educational programs.
Authorizes appropriations. | To direct the Secretary of Agriculture to dispose of certain Federal land holdings in the State of Oklahoma, and for other purposes. |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Investing in
Student Success Act of 2015''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
TITLE I--TAX TREATMENT OF INCOME-SHARE AGREEMENTS
Sec. 101. Definition of ``income-share agreement''.
Sec. 102. Tax treatment of proceeds and payments of future income.
Sec. 103. Terms and conditions of income-share agreement contracts.
Sec. 104. Rulemaking; model disclosure forms.
TITLE II--TREATMENT OF INCOME-SHARE AGREEMENTS UNDER STATE LAW
Sec. 201. Purpose; lawfulness of contracts; preemption of State law.
Sec. 202. Preemption of State law with respect to usury.
Sec. 203. Definitions.
TITLE III--QUALIFIED EDUCATION LOAN
Sec. 301. Qualified Education loan.
TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME-SHARE
AGREEMENTS
Sec. 401. Proceeds not treated as income in calculation of financial
need under the higher education act of
1965.
TITLE V--INVESTMENT COMPANY TREATMENT
Sec. 501. Businesses making income-share agreements excluded from
investment company treatment.
TITLE I--TAX TREATMENT OF INCOME-SHARE AGREEMENTS
SEC. 101. DEFINITION OF ``INCOME-SHARE AGREEMENT''.
For purposes of this title, the term ``income-share agreement''
means an agreement between an individual and any other person under
which the individual commits to pay a specified percentage of the
individual's future income, for a specified period of time, in exchange
for payments to or on behalf of such individual for use only for costs
associated with postsecondary education, as the regulations issued
pursuant to section 104(a) shall provide and which shall include the
costs of any items and expenses included as costs of attendance under
section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).
SEC. 102. TAX TREATMENT OF PROCEEDS AND PAYMENTS OF FUTURE INCOME.
(a) Exclusion From Gross Income of Income-Share Agreement
Proceeds.--Payments made under an income-share agreement that complies
with the requirements of section 103 to or on behalf of the individual
who commits to pay a specified percentage of such individual's future
income to another person under such agreement, and any difference in
value of the payments to or on behalf of such individual and the total
amount paid by such individual, shall not be includible in the gross
income of such individual for purposes of the Internal Revenue Code of
1986.
(b) Treatment of Payments of Future Income.--Payments of future
income received by another person under an income-share agreement that
complies with the requirements of section 103 shall be treated for
purposes of the Internal Revenue Code of 1986--
(1) first, with respect to so much of such payments as does
not exceed the amount of the payments to which subsection (a)
applies with respect to such agreement, as a repayment of
investment in the contract which reduces the holder's basis in
such agreement, and
(2) second, as income on the contract which is includible
in gross income.
SEC. 103. TERMS AND CONDITIONS OF INCOME-SHARE AGREEMENT CONTRACTS.
(a) Terms and Conditions.--An income-share agreement complies with
the requirements of this section only if the contract complies with
each of the following conditions:
(1) Specified percentage of income.--The income-share
agreement shall specify the percentage of future income that
the individual subject to the agreement will be obligated to
pay, except that the agreement shall provide that for any year
covered by such agreement during which the individual has an
income that is less than $18,000 (as such amount is adjusted
pursuant to paragraph (8)) the individual shall not be required
to pay for such year any portion of the individual's income.
(2) Definition of income.--The income-share agreement shall
specify the definition of income to be used for purposes of
calculating an individual's obligation to pay under the
agreement.
(3) Annual limitation on obligation.--The percentage of
income required under the income-share agreement to be paid by
the individual subject to the agreement may not exceed a
percentage such that, when multiplied by $15,000 (as such
amount is adjusted pursuant to paragraph (8)), the product
exceeds the aggregate amount of periodic payments of principal
and interest that would be required to be paid during a 12-
month period under a comparable loan that bears interest at a
fixed annual rate of 20 percent.
(4) Aggregate limitation on obligation.--The income-share
agreement may not provide for the individual subject to the
agreement to pay under the agreement an amount of the future
income of such individual that, when added to any other amounts
of future income that such individual has agreed to pay under
any other income-share agreements to which such individual is
subject, equals a sum that at any time exceeds 15 percent of
the future income of such individual.
(5) Time-based limitation on obligation.--
(A) Limitation.--The income-share agreement may not
provide for the individual subject to the agreement to
assume a commitment to pay future income having a
commitment factor, that when added to the commitment
factors for any other income-share agreements to which
such individual is subject, equals a sum that exceeds
the maximum commitment factor.
(B) Commitment factor.--As used in this paragraph,
the term ``commitment factor'' means, with respect to
an income-share agreement, the product of--
(i) the percentage (expressed as a decimal)
of such future income required to be paid
during such period; and
(ii) the remaining number of years under
the agreement that future income is required to
be paid at such percentage.
(C) Maximum commitment factor.--As used in this
paragraph, the term ``maximum commitment factor''
means, with respect to an income-share agreement, 2.25
(which figure is the product of 7.5 percent and the
number of years in the longest allowable contract under
paragraph (6)(A)).
(6) Specified duration; extension of period.--
(A) Duration.--The income-share agreement shall
specify the maximum period of time during which the
individual will be obligated to pay a portion of the
individual's future income which may not, except as
provided in subparagraph (B), exceed 360 months.
(B) Extension of period.--The income-share
agreement may provide that such period may be extended
by a number of years that is equal to the number of
years during which the agreement is in force for which
the individual's annual income is below the dollar
amount specified in paragraph (3)(A) (as such amount is
adjusted pursuant to paragraph (8)).
(7) Early termination.--The income-share agreement shall
specify the terms and conditions by which the individual
subject to the agreement may extinguish the individual's
obligations under the agreement before the end of the payment
period specified in the agreement and any application extension
provided for in the agreement pursuant to paragraph (6)(B).
(8) Adjustment for inflation.--A dollar amount adjusted in
accordance with this paragraph shall be adjusted each year to
reflect changes in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor for the most recent 12-month period for
which such data are available.
(b) Required Disclosures.--An income-share agreement does not
comply with the requirements of this section unless the individual who
is committing under the agreement to pay future income is provided,
before entering into such agreement, a written document that clearly
and simply discloses--
(1) that the agreement is not a debt instrument, and that
the amount the individual will be required to pay under the
agreement--
(A) may be more or less than the amount provided to
the individual pursuant to the agreement; and
(B) will vary in proportion to the individual's
future income;
(2) that the obligations of the individual under the
agreement are not dischargeable under bankruptcy law, except in
a case that would impose an undue hardship on the debtor and
the debtor's dependents;
(3) whether the obligations of the individual under the
agreement may be extinguished by accelerating payments, and, if
so, under what terms;
(4) the duration of the individual's obligations under the
agreement (absent such accelerating payments), including any
circumstances under which the duration of the agreement would
be extended;
(5) the percentage of income the individual is committing
to pay under the agreement and the minimum amount of annual
income that, pursuant to subsection (b)(1), triggers the
individual's obligation under the agreement to make payments
for such year;
(6) the definition of income to be used for purposes of
calculating the individual's obligation under the agreement;
and
(7) a comparison of--
(A) the amounts an individual would be required to
pay under the income-share agreement at a range of
annual income levels, which income levels shall
correspond to the levels the individual might
reasonably be expected to make given the intended use
of the funds provided under the agreement, as
determined in accordance with guidance issued by the
Secretary of the Treasury; to
(B) the amounts required to be paid under a
comparable loan that bears interest at a fixed annual
rate of 10 percent.
(c) Non-Interference.--An income-share agreement represents an
obligation by the individual pay the specific percentage of future
income, but shall not be construed to give the contract holder any
rights over an individual's actions.
(d) Comparable Loan.--For purposes of this section, the term
``comparable loan'' means, with respect to an income-share agreement, a
loan that--
(1) has the same original principal amount as the total
amount of the payment or payments made under the income-share
agreement to or on behalf the individual subject to the
agreement;
(2) has the same term to maturity as the duration of the
income-share agreement; and
(3) is fully amortized over such term with monthly payments
of principal and interest.
SEC. 104. RULEMAKING; MODEL DISCLOSURE FORMS.
(a) In General.--The Secretary of the Treasury, in consultation
with such other agency heads as the Secretary considers appropriate,
may issue such regulations as may be necessary to carry out this title.
(b) Model Disclosure Forms.--
(1) In general.--Not later than the end of the 180-day
period beginning upon the date of the enactment of this Act,
the Secretary of the Treasury, after consultation with such
other agency heads as the Secretary considers appropriate,
shall promulgate a model disclosure form for the disclosures
required under section 103(b).
(2) Safe harbor.--Any person who uses the model disclosure
form promulgated pursuant to paragraph (1) and includes
accurate information required under section 103(b) to be
disclosed shall be deemed to have satisfied the requirements of
section 103(b).
TITLE II--TREATMENT OF INCOME-SHARE AGREEMENTS UNDER STATE LAW
SEC. 201. PURPOSE; LAWFULNESS OF CONTRACTS; PREEMPTION OF STATE LAW.
(a) Purpose.--It is the purpose of this title to authorize
individuals to enter into income-share agreements for the purposes of
obtaining funds for postsecondary education in exchange for agreeing to
pay to the holder of the contract a specified percentage of the
individual's future income for a specified period of time.
(b) Lawfulness of Contracts; Preemption of State Law.--Any income-
share agreement that complies with the requirements of section 103
shall be a valid, binding, and enforceable contract notwithstanding any
State law limiting or otherwise regulating assignments of future wages
or other income.
SEC. 202. PREEMPTION OF STATE LAW WITH RESPECT TO USURY.
An income-share agreement that complies with the requirements of
section 103 shall not be subject to State usury laws.
SEC. 203. DEFINITIONS.
As used in this title:
(1) State.--The term ``State'' includes, in addition to the
several States of the Union, the Commonwealth of Puerto Rico,
the District of Columbia, Guam, American Samoa, the Virgin
Islands, the government of the Northern Mariana Islands, and
the Trust Territory of the Pacific Islands.
(2) State law.--The term ``State law'' means any law,
decision, rule, regulation, or other action having the effect
of a law of any State or any political subdivision of a State,
or any agency or instrumentality of a State or political
subdivision of a State, except that a law of the United States
applicable only to the District of Columbia shall be treated as
a State law (rather than a law of the United States).
TITLE III--QUALIFIED EDUCATION LOAN
SEC. 301. QUALIFIED EDUCATION LOAN.
(a) In General.--Paragraph (1) of section 221(d) of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``Such term includes any income-share agreement (as such term is
defined in section 101 of the Investing in Student Success Act of 2015)
that complies with the requirements of section 103 of such Act, except
that payments made by the taxpayer during the taxable year to meet an
income-share agreement obligation shall not be taken into account under
subsection (a).''.
(b) Information Reporting Not Required.--Subsection (e) of section
6050S of such Code is amended by inserting ``(without regard to the
last sentence thereof)'' after ``section 221(d)(1)''.
TITLE IV--FEDERAL INDIVIDUAL ASSISTANCE TREATMENT OF INCOME-SHARE
AGREEMENTS
SEC. 401. PROCEEDS NOT TREATED AS INCOME IN CALCULATION OF FINANCIAL
NEED UNDER THE HIGHER EDUCATION ACT OF 1965.
No portion of any amounts received by an individual for entering
into an income-share agreement (as such term is defined in section 101
of this Act) that complies with the requirements of section 103 of this
Act shall be included as income or assets in the computation of
expected family contribution for any program funded in whole or in part
under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
TITLE V--INVESTMENT COMPANY TREATMENT
SEC. 501. BUSINESSES MAKING INCOME-SHARE AGREEMENTS EXCLUDED FROM
INVESTMENT COMPANY TREATMENT.
Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-
3(c)) is amended--
(1) in paragraph (4), by inserting after ``industrial
banking,'' the following: ``income-share agreements (as such
term is defined in section 101 of the Investing in Student
Success Act of 2015),''; and
(2) in paragraph (5), by inserting ``, including income-
share agreements'' after ``services'' each place such term
appears. | Investing in Student Success Act of 2015 This bill authorizes an individual (i.e., a student) and another person (i.e., an investor) to enter an income-share agreement (ISA) in which the student agrees to pay a percentage of future income, for a specified period of time, in exchange for funds to pay for postsecondary educational expenses. An ISA that complies with specified terms and conditions and meets certain disclosure requirements is a valid, binding, and enforceable contract and is not subject to state laws that limit interest rates or regulate assignments of future income. The bill amends the Internal Revenue Code to include an ISA as a qualified education loan (a qualified education loan is not dischargeable in bankruptcy), but it prohibits a tax deduction for interest paid on an ISA (interest paid on a qualified education loan is tax deductible). Payments to a student under an ISA are not includible as: (1) gross income for tax purposes, or (2) income or assets for federal financial aid eligibility purposes under the Higher Education Act of 1965. The bill amends the Investment Company Act of 1940 to exclude as an investment company any person whose business substantially consists of making ISAs. | Investing in Student Success Act of 2015 |
SECTION 1. CONTINUITY OF MEDICARE PRESCRIPTION DRUG COVERAGE FOR FULL-
BENEFIT DUAL ELIGIBLE INDIVIDUALS.
(a) In General.--Section 1860D-2(a) of the Social Security Act (42
U.S.C. 1395w-102(a)) is amended--
(1) in paragraph (1), by inserting ``subject to paragraph
(6),'' after ``part C''; and
(2) by adding at the end the following new paragraph:
``(6) Continuation of medicare coverage for certain
prescriptions for full-benefit dual eligible individuals.--In
the case of an individual who, as of the date the individual is
first enrolled under a prescription drug plan under this part
(or an MA-PD plan under part C), is a full-benefit dual
eligible individual and is being provided medical assistance
for a covered part D drug under title XIX, qualified
prescription drug coverage must include coverage for such drug
unless a prescribing physician certifies that the coverage of
such drug is not medically necessary, regardless of whether the
individual subsequently remains a full-benefit dual eligible
individual.''.
(b) Effective Date.--The amendments made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 2. MEDICARE PRESCRIPTION DRUG COVERAGE OF BENZODIAZEPINES.
(a) In General.--Section 1860D-2(e)(2)(A) of the Social Security
Act (42 U.S.C. 1395w-112(e)(2)(A)) is amended by inserting after
``agents)'' the following: ``and other than subparagraph (J) of such
section (relating to benzodiazepines)''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 3. PERMITTING STATE MEDICAID PROGRAMS TO COVER MEDICARE
PRESCRIPTION DRUG COPAYMENTS FOR FULL-BENEFIT DUAL
ELIGIBLE INDIVIDUALS.
(a) In General.--Section 1935(d) of the Social Security Act (42
U.S.C. 1396u-5(d)) is amended by adding at the end the following new
paragraph:
``(3) Optional coverage of medicare prescription drug cost-
sharing.--Notwithstanding paragraph (1), a State may, at its
option, provide medical assistance under the plan under this
title for the deductible and cost-sharing imposed under a
prescription drug plan (or an MA-PD plan) for full-benefit dual
eligible individuals and payment shall be available under
section 1903(a) with respect to such assistance provided.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 4. MEDICARE COVERAGE OF OFF-LABEL USES OF PRESCRIPTION DRUGS AND
BIOLOGICALS.
(a) In General.--Section 1860D-2(e) of the Social Security Act (42
U.S.C. 1395w-102(e)) is amended at the end by adding the following new
paragraph:
``(4) Rule of Construction.--Nothing in this subsection shall be
construed as excluding from the definition of the term `covered part D
drug'--
``(A) a drug described in paragraph (1)(A) on the sole
basis that such drug is prescribed by a physician for a use
other than a use included in the labeling of such drug pursuant
to the approval of the safety and effectiveness of such drug as
a prescription drug under section 505 or 507 of the Federal
Food, Drug, and Cosmetic Act or approval of such drug under
section 505(j) of such Act; or
``(B) a biological product described in paragraph (1)(B) on
the sole basis that such product is prescribed by a physician
for a use other than a use included in the labeling of such
product pursuant to the licensure of such product under section
351 of the Public Health Service Act;
even if the unlabeled use of the drug or product is not included in a
standard clinical reference compendia used by clinicians for purposes
of providing guidance to such clinicians with respect to unlabeled uses
of such a drug or product.''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if included in the enactment of Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 5. AUTHORIZATION FOR SECRETARY OF HEALTH AND HUMAN SERVICES TO
WAIVE DENIAL OF PRESCRIPTION DRUG COVERAGE.
(a) In General.--Section 1860D-4(h) of the Social Security Act (42
U.S.C. 1395w-104(h)) is amended at the end by adding the following new
paragraph:
``(4) Authorization for Secretary To Waive Denial of Prescription
Drug Coverage.--After a part D eligible individual has exhausted all
rights of such individual under this subsection and subsection (g),
with respect to a determination made under this subsection or
subsection (g) for a prescription drug plan not to provide for coverage
of a covered part D drug (or a determination related to the application
of tiered cost-sharing described in subsection (g)(2)), the individual
may apply to the Secretary for a waiver that requires the prescription
drug plan to provide for such coverage (or provide for an exception to
the structure of such tiered cost-sharing). Upon receipt of such
application, the Secretary may grant such waiver if the prescribing
physician certifies that the coverage of such prescription drug is
medically necessary with respect to the individual.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to determinations made on or after the date of the enactment of
this Act. | Amends part D (Voluntary Prescription Drug Benefit Program ) of title XVIII (Medicare) of the Social Security Act (SSA) to provide for continuity of coverage of prescription drugs under Medicare prescription drug plans for full-benefit dual eligible individuals.
Provides for Medicare prescription drug coverage of benzodiazepines and of off-label uses of prescription drugs and biologicals.
Amends SSA title XIX (Medicaid) to permit state Medicaid programs to cover Medicare prescription drug copayments for full-benefit dual eligible individuals.
Amends SSA title XVIII to authorize the Secretary of Health and Human Services to waive denial of Medicare prescription drug coverage. | To amend titles XVIII and XIX of the Social Security Act to provide for continuity of Medicare prescription drug coverage for full-benefit dual eligible individuals, for Medicare prescription drug coverage of benzodiazepines and off-label uses of certain prescription drugs and biological products, for optional Medicaid coverage of Medicare prescription drug cost-sharing for full-benefit dual eligible individuals, and for authorization to the Secretary of Health and Human Services to waive certain determinations denying Medicare prescription drug coverage. |
SECTION 1. 3-YEAR DEPRECIABLE LIFE FOR SEMICONDUCTOR MANUFACTURING
EQUIPMENT AND EQUIPMENT USED TO MANUFACTURE ADVANCED
MATERIALS OR TO DEVELOP ADVANCED TECHNOLOGIES.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (i), by striking
the period at the end of clause (ii) and inserting a comma, and by
adding at the end thereof the following:
``(iii) any semiconductor manufacturing
equipment, and
``(iv) any equipment used to manufacture
advanced materials or to develop advanced
technologies.
Clause (iv) shall not apply if the taxpayer elects not
to apply such clause. Such an election shall apply to
the taxable year for which made and all subsequent
taxable years and, once made, shall be irrevocable.''
(b) Advanced Materials and Technologies.--Subsection (e) of section
168 of such Code (relating to classification of property) is amended by
adding at the end thereof the following new paragraph:
``(5) Advanced materials and technologies.--For purposes of
paragraph (3)(A)(iv)--
``(A) In general.--The determination of whether any
material is an advanced material or whether any
technology is an advanced technology shall be made as
of the date the equipment referred to in such paragraph
is placed in service.
``(B) Initial list of advanced materials and
technologies.--
``(i) In general.--The term `advanced
material' and `advanced technology' mean any
material or technology listed in clause (ii)
and determined by the Secretary to be an
advanced material or technology.
``(ii) Initial list.--
Advanced structural materials
Electronic and photonic materials
Biotechnologies
Materials processing
Environmental technologies
Design and engineering tools
Commercialization and production systems
Advanced process equipment
Networks and communications
Powertrain
Propulsion
``(C) Modifications to list.--Materials and
technologies may be added to or deleted from the list
in subparagraph (B)(ii) based on recommendations of
experts selected by the Secretary. Any deletion from
such list shall not take effect before the date which
is 5 years after the date the decision to make such
deletion is published in the Federal Register.''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 168(e)(3) of such Code is
amended by striking clause (ii) and by redesignating the
succeeding clauses accordingly.
(2) Subparagraph (B) of section 168(g)(3) of such Code is
amended by striking the following:
``(B)(ii) ....................... 5''
and inserting in lieu thereof the following:
``(A)(iii) ........................3
``(A)(iv) .........................3.''
(c) Effective Date.--The amendments made by this section shall
apply to equipment placed in service after the date of the enactment of
this Act.
SEC. 2. REDUCTION IN INDIVIDUAL CAPITAL GAINS RATE.
(a) General Rule.--Subsection (h) of section 1 of the Internal
Revenue Code of 1986 (relating to maximum capital gains rate) is
amended to read as follows:
``(h) Maximum Capital Gains Rate.--
``(1) In general.--If a taxpayer has a net capital gain for
any taxable year, then the tax imposed by this section shall
not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the taxable income reduced by the net capital gain,
plus
``(B) a tax equal to the sum of--
``(i) 7.5 percent of so much of the net
capital gain as does not exceed--
``(I) the maximum amount of taxable
income to which the 15-percent rate
applies under the table applicable to
the taxpayer, reduced by
``(II) the taxable income to which
subparagraph (A) applies, plus
``(ii) 15 percent of the net capital gain
in excess of the net capital gain to which
clause (i) applies.
``(2) Transitional rule.--In the case of a taxable year
which includes the date of the enactment of this paragraph, the
amount of the net capital gain for purposes of paragraph (1)
shall not exceed the net capital gain determined by only taking
into account gains and losses properly taken into account for
the portion of the taxable year after such date.''
(b) Technical Amendments.--
(1) Paragraph (1) of section 170(e) of such Code is amended
by striking ``the amount of gain'' in the material following
subparagraph (B)(ii) and inserting ``13/28 (19/34 in the case
of a corporation) of the amount of gain''.
(2)(A) The second sentence of section 7518(g)(6)(A) of such
Code is amended by striking ``28 percent (34 percent in the
case of a corporation)'' and inserting ``15 percent''.
(B) The second sentence of section 607(h)(6)(A) of the
Merchant Marine Act, 1936, is amended by striking ``28 percent
(34 percent in the case of a corporation)'' and inserting ``15
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after the date of the enactment
of this Act in taxable years ending after such date.
SEC. 3. REDUCTION IN CORPORATE CAPITAL GAINS RATE.
(a) General Rule.--Section 1201 of the Internal Revenue Code of
1986 (relating to alternative tax for corporations) is amended by
redesignating subsection (b) as subsection (c), and by striking
subsection (a) and inserting the following:
``(a) General Rule.--If for any taxable year a corporation has a
net capital gain, then, in lieu of the tax imposed by section 11, 511,
or 831(a) (whichever applies), there is hereby imposed a tax (if such
tax is less than the tax imposed by such section) which shall consist
of the sum of--
``(1) a tax computed on the taxable income reduced by the
net capital gain, at the same rates and in the same manner as
if this subsection had not been enacted, plus
``(2) a tax of 15 percent of the net capital gain.
``(b) Transitional Rule.--In the case of a taxable year which
includes the date of the enactment of this paragraph, the amount of the
net capital gain for purposes of subsection (a) shall not exceed the
net capital gain determined by only taking into account gains and
losses properly taken into account for the portion of the taxable year
after such date.''
(b) Technical Amendments.--
(1) Clause (iii) of section 852(b)(3)(D) of such Code is
amended by striking ``66 percent'' and inserting ``85
percent''.
(2) Paragraphs (1) and (2) of section 1445(e) of such Code
are each amended by striking ``34 percent'' and inserting ``15
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after the date of the enactment
of this Act in taxable years ending after such date.
SEC. 4. REDUCTION OF MINIMUM TAX RATE ON CAPITAL GAINS.
(a) In General.--Subparagraph (A) of section 55(b)(1) of the
Internal Revenue Code of 1986 (relating to tentative minimum tax) is
amended to read as follows:
``(A) the sum of--
``(i) 15 percent of the lesser of--
``(I) the net capital gain
(determined with the adjustments
provided in this part and (to the
extent applicable) the limitations of
sections 1(h)(2) and 1201(b)), or
``(II) so much of the alternative
minimum taxable income for the taxable
year as exceeds the exemption amount,
plus
``(ii) 20 percent (24 percent in the case
of a taxpayer other than a corporation) of the
amount (if any) by which the excess referred to
in clause (i)(II) exceeds the net capital gain
(as so determined), reduced by''.
(b) Effective Date.--The amendment made by this section shall apply
to sales and exchanges occurring after the date of the enactment of
this Act in taxable years ending after such date.
SEC. 5. MINIMUM TAX ON FOREIGN AND FOREIGN-OWNED CORPORATIONS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 (relating to determination of tax liability) is amended by
adding at the end thereof the following new part:
``PART VIII--MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED
CORPORATIONS
``Sec. 59B. Minimum tax on certain
foreign and foreign-owned
corporations.
``SEC. 59B. MINIMUM TAX ON CERTAIN FOREIGN AND FOREIGN-OWNED
CORPORATIONS.
``(a) Imposition of Tax.--In the case of a corporation to which
this section applies, there is hereby imposed (in addition to any other
tax imposed by this subtitle) a tax equal to the excess (if any) of--
``(1) 34 percent of the product of--
``(A) 5 percent, and
``(B) the gross receipts of the taxpayer from the
sale or leasing of property manufactured by the
taxpayer or by any foreign person that is a related
party of the taxpayer, over
``(2) the aggregate tax imposed under sections 11, 55, and
1201 for such year.
``(b) Taxpayers to Which Section Applies.--This section shall apply
to a corporation for the taxable year if such corporation is--
``(1) a domestic corporation which is 25-percent foreign-
owned, or
``(2) a foreign corporation engaged in a trade or business
within the United States.
``(c) Definitions.--For purposes of this section, the term `25-
percent foreign-owned', `foreign person', and `related party' have the
respective meanings given such terms by section 6038A(c).''
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end thereof the following new item:
``Part VIII. Minimum tax on certain
foreign and foreign-owned
corporations.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992. | Amends the Internal Revenue Code to allow a three-year depreciable life for semiconductor manufacturing equipment and equipment used to manufacture advanced materials or to develop advanced technologies.
Reduces the individual and corporate capital gains rates and the minimum tax rate on capital gains.
Imposes a minimum tax on domestic corporations which are 25-percent foreign-owned and foreign corporations engaged in a trade or business within the United States. | To amend the Internal Revenue Code of 1986 to allow accelerated depreciation for equipment used to manufacture advanced materials or to develop advanced technologies, to reduce capital gains taxes, and to impose a minimum tax on foreign and foreign-owned corporations operating in the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COLI Best Practices Act of 2005''.
SEC. 2. TREATMENT OF DEATH BENEFITS FROM CORPORATE-OWNED LIFE
INSURANCE.
(a) In General.--Section 101 of the Internal Revenue Code of 1986
(relating to certain death benefits) is amended by adding at the end
the following new subsection:
``(j) Treatment of Certain Employer-Owned Life Insurance
Contracts.--
``(1) General rule.--In the case of an employer-owned life
insurance contract, the amount excluded from gross income of an
applicable policyholder by reason of paragraph (1) of
subsection (a) shall not exceed an amount equal to the sum of
the premiums and other amounts paid by the policyholder for the
contract.
``(2) Exceptions.--In the case of an employer-owned life
insurance contract with respect to which the notice and consent
requirements of paragraph (4) are met, paragraph (1) shall not
apply to any of the following:
``(A) Exceptions based on insured's status.--Any
amount received by reason of the death of an insured
who, with respect to an applicable policyholder--
``(i) was an employee at any time during
the 12-month period before the insured's death,
or
``(ii) is, at the time the contract is
issued--
``(I) a director,
``(II) a highly compensated
employee within the meaning of section
414(q) (without regard to paragraph
(1)(B)(ii) thereof), or
``(III) a highly compensated
individual within the meaning of
section 105(h)(5), except that `35
percent' shall be substituted for `25
percent' in subparagraph (C) thereof.
``(B) Exception for amounts paid to insured's
heirs.--Any amount received by reason of the death of
an insured to the extent--
``(i) the amount is paid to a member of the
family (within the meaning of section
267(c)(4)) of the insured, any individual who
is the designated beneficiary of the insured
under the contract (other than the applicable
policyholder), a trust established for the
benefit of any such member of the family or
designated beneficiary, or the estate of the
insured, or
``(ii) the amount is used to purchase an
equity (or capital or profits) interest in the
applicable policyholder from any person
described in clause (i).
``(3) Employer-owned life insurance contract.--
``(A) In general.--For purposes of this subsection,
the term `employer-owned life insurance contract' means
a life insurance contract which--
``(i) is owned by a person engaged in a
trade or business and under which such person
(or a related person described in subparagraph
(B)(ii)) is directly or indirectly a
beneficiary under the contract, and
``(ii) covers the life of an insured who is
an employee with respect to the trade or
business of the applicable policyholder on the
date the contract is issued.
For purposes of the preceding sentence, if coverage for
each insured under a master contract is treated as a
separate contract for purposes of sections 817(h),
7702, and 7702A, coverage for each such insured shall
be treated as a separate contract.
``(B) Applicable policyholder.--For purposes of
this subsection--
``(i) In general.--The term `applicable
policyholder' means, with respect to any
employer-owned life insurance contract, the
person described in subparagraph (A)(i) which
owns the contract.
``(ii) Related persons.--The term
`applicable policyholder' includes any person
which--
``(I) bears a relationship to the
person described in clause (i) which is
specified in section 267(b) or
707(b)(1), or
``(II) is engaged in trades or
businesses with such person which are
under common control (within the
meaning of subsection (a) or (b) of
section 52).
``(4) Notice and consent requirements.--The notice and
consent requirements of this paragraph are met if, before the
issuance of the contract, the employee--
``(A) is notified in writing that the applicable
policyholder intends to insure the employee's life and
the maximum face amount for which the employee could be
insured at the time the contract was issued,
``(B) provides written consent to being insured
under the contract and that such coverage may continue
after the insured terminates employment, and
``(C) is informed in writing that an applicable
policyholder will be a beneficiary of any proceeds
payable upon the death of the employee.
``(5) Definitions.--For purposes of this subsection--
``(A) Employee.--The term `employee' includes an
officer, director, and highly compensated employee
(within the meaning of section 414(q)).
``(B) Insured.--The term `insured' means, with
respect to an employer-owned life insurance contract,
an individual covered by the contract who is a United
States citizen or resident. In the case of a contract
covering the joint lives of 2 individuals, references
to an insured include both of the individuals.''.
(b) Reporting Requirements.--Subpart A of part III of subchapter A
of chapter 61 of such Code (relating to information concerning persons
subject to special provisions) is amended by inserting after section
6039H the following new section:
``SEC. 6039I. RETURNS AND RECORDS WITH RESPECT TO EMPLOYER-OWNED LIFE
INSURANCE CONTRACTS.
``(a) In General.--Every applicable policyholder owning 1 or more
employer-owned life insurance contracts issued after the date of the
enactment of this section shall file a return (at such time and in such
manner as the Secretary shall by regulations prescribe) showing for
each year such contracts are owned--
``(1) the number of employees of the applicable
policyholder at the end of the year,
``(2) the number of such employees insured under such
contracts at the end of the year,
``(3) the total amount of insurance in force at the end of
the year under such contracts,
``(4) the name, address, and taxpayer identification number
of the applicable policyholder and the type of business in
which the policyholder is engaged, and
``(5) that the applicable policyholder has a valid consent
for each insured employee (or, if all such consents are not
obtained, the number of insured employees for whom such consent
was not obtained).
``(b) Recordkeeping Requirement.--Each applicable policyholder
owning 1 or more employer-owned life insurance contracts during any
year shall keep such records as may be necessary for purposes of
determining whether the requirements of this section and section 101(j)
are met.
``(c) Definitions.--Any term used in this section which is used in
section 101(j) shall have the same meaning given such term by section
101(j).''.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 101(a) of such Code is amended
by striking ``and subsection (f)'' and inserting ``subsection
(f), and subsection (j)''.
(2) The table of sections for subpart A of part III of
subchapter A of chapter 61 of such Code is amended by inserting
after the item relating to section 6039H the following new
item:
``Sec. 6039I. Returns and records with respect to employer-owned life
insurance contracts.''.
(d) Effective Date.--The amendments made by this section shall
apply to life insurance contracts issued after the date of the
enactment of this Act, except for a contract issued after such date
pursuant to an exchange described in section 1035 of the Internal
Revenue Code of 1986 for a contract issued on or prior to that date.
For purposes of the preceding sentence, any material increase in the
death benefit or other material change shall cause the contract to be
treated as a new contract except that, in the case of a master contract
(within the meaning of section 264(f)(4)(E) of such Code), the addition
of covered lives shall be treated as a new contract only with respect
to such additional covered lives. | COLI Best Practices Act of 2005 - Amends the Internal Revenue Code to limit the tax exclusion for benefits paid by employer-owned life insurance contracts upon the death of an insured employee, with certain exceptions for directors and highly compensated employees and for proceeds paid to the heirs of an insured employee. Requires employers to provide written notice to employees of intent to insure their lives and obtain written consent from such employees to being insured under a company-owned life insurance contract.
Imposes certain reporting and recordkeeping requirements for employer-owned life insurance contracts. | To amend the Internal Revenue Code of 1986 to exclude from gross income the proceeds from certain company-owned life insurance. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patients First Act of 2015''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) intensify research that may result in improved
understanding of or treatments for diseases and other adverse
health conditions;
(2) promote research and human clinical trials using stem
cells that are ethically obtained and show evidence of
providing clinical benefit for human patients; and
(3) promote the derivation of pluripotent stem cell lines
without the creation of human embryos for research purposes and
without the destruction or discarding of, or risk of injury to,
a human embryo.
SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY.
(a) Authorization.--Part B of title IV of the Public Health Service
Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I
the following:
``SEC. 409K. HUMAN STEM CELL RESEARCH AND THERAPY.
``(a) In General.--The Secretary shall conduct and support basic
and applied research to develop techniques for the isolation,
derivation, production, testing, and human clinical use of stem cells
that may result in improved understanding of or treatments for diseases
and other adverse health conditions, including pluripotent stem cells
that have the flexibility of embryonic stem cells (whether or not such
pluripotent stem cells have an embryonic source), prioritizing research
with the greatest potential for near-term clinical benefit in human
patients, provided that such isolation, derivation, production,
testing, or use will not involve--
``(1) the creation of a human embryo for research purposes;
``(2) the destruction of or discarding of, or risk of
injury to, a living human embryo; or
``(3) the use of any stem cell, the derivation or provision
of which would be inconsistent with the standards established
in paragraph (1) or (2).
``(b) Guidelines.--Not later than 90 days after the date of the
enactment of this section, the Secretary, after consultation with the
Director of NIH, shall issue final guidelines implementing subsection
(a) to ensure that any research (including any clinical trial)
supported under subsection (a)--
``(1) is clearly consistent with the standards established
in subsection (a) if conducted using human cells, as
demonstrated by animal trials or other substantial evidence;
and
``(2) is prioritized in terms of potential for near-term
clinical benefit in human patients, as indicated by substantial
evidence from basic research or by substantial clinical
evidence which may include but is not limited to--
``(A) evidence of improvement in one or more human
patients suffering from illness or injury, as
documented in reports by professional medical or
scientific associations or in peer-reviewed medical or
scientific literature; or
``(B) approval for use in human trials by the Food
and Drug Administration.
``(c) Definitions.--In this section:
``(1) Human embryo.--The term `human embryo' includes any
organism, not protected as a human subject under part 46 of
title 45, Code of Federal Regulations, as of the date of the
enactment of this section, that is derived by fertilization,
parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
``(2) Risk of injury.--The term `risk of injury' means
subjecting a human embryo to risk of injury or death greater
than that allowed for research on fetuses in utero under
section 46.204(b) of title 45, Code of Federal Regulations (or
any successor regulation), or section 498(b) of this Act.''.
(b) Priority Setting; Reports.--Section 492 of the Public Health
Service Act (42 U.S.C. 289a) is amended by adding at the end the
following:
``(d)(1) With respect to human stem cell research, the Secretary,
acting through the Director of NIH, shall give priority to conducting
or supporting research in accordance with section 409K.
``(2) At the end of fiscal year 2016 and each subsequent fiscal
year, the Secretary shall submit to the Congress a report outlining the
number of research proposals under section 409K that were peer
reviewed, a summary and detailed list of all such research proposals
that were not funded, and an explanation of why the proposals did not
merit funding. The reports under this paragraph shall be in addition to
the reporting on stem cell research included in the biennial report
required by section 403.''.
(c) Biennial Reports.--Section 403(a)(5) of the Public Health
Service Act (42 U.S.C. 283(a)(5)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (M);
and
(2) by inserting after subparagraph (K) the following:
``(L) Stem cells.''. | Patients First Act of 2015 This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, provided that the techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act. HHS must issue guidelines to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; and (2) is prioritized in terms of potential for near-term clinical benefit in human patients. HHS must report on peer reviewed stem cell research proposals that were not funded. | Patients First Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Overtime Pay Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.) established overtime compensation requirements for
certain employees when they work more than 40 hours in a given
workweek.
(2) Under section 13(a)(1) of such Act, Congress delegated
to the Secretary of Labor the authority to define and delimit
the terms relating to the exemption for bona fide executive,
administrative, and professional employees (commonly known as
the ``white collar exemption'').
(3) For more than 75 years, the Secretary of Labor has
exercised its delegated authority to issue regulations that
define and delimit the terms relating to the white collar
exemption by applying a duties test and applying a minimum
compensation level (or salary threshold).
(4) The Secretary of Labor began utilizing a salary
threshold in the initial regulations defining and delimiting
the terms relating to the white collar exemption, which were
first issued in 1938.
(5) Congress has long approved the use of a salary
threshold by the Secretary of Labor, as demonstrated by the
fact that Congress has amended the Fair Labor Standards Act of
1938 at least 10 times since 1938 and has not precluded the
Secretary from using a salary threshold.
(6) The salary threshold became woefully out of date and
ineffective as a result of not being sufficiently updated to
keep pace with a changing economy, as evidenced by the fact
that more than 60 percent of all full-time salaried workers
earned less than the salary threshold in 1975 and less than 7
percent of these workers earned less than the salary threshold
in 2016.
(7) The salary threshold of $455 per week, or $23,660 per
year, that was in effect on May 22, 2016, was below the poverty
line for a family of 4.
(8) The Secretary of Labor updated the salary threshold on
May 23, 2016, through a final rule entitled ``Defining and
Delimiting the Exemptions for Executive, Administrative,
Professional, Outside Sales and Computer Employees'' (81 Fed.
Reg. 32391) by increasing the salary threshold to the 40th
percentile of earnings of full-time salaried employees in the
lowest-wage Census Region, resulting in a salary threshold of
$913 per week or $47,476 per year.
(9) The final rule would benefit more than 13,000,000
employees by providing overtime compensation protections to
4,200,000 new employees and strengthening overtime compensation
protections for 8,900,000 additional employees.
(10) The Secretary of Labor went through a thorough process
in crafting the final rule, seeking public input and conducting
extensive economic analysis, including--
(A) spending more than a year meeting with more
than 200 interested parties to obtain input before
issuing the proposed rule in 2015;
(B) considering more than 270,000 comments received
during the 60-day public comment period on the proposed
rule; and
(C) making significant changes in response to
public input before issuing the final rule.
(11) The public comments submitted to the Secretary of
Labor regarding the proposed rule were overwhelmingly positive
and supportive of the rule.
(12) The increase in the salary threshold, included in the
final rule, to the 40th percentile of earnings of full-time
salaried employees in the lowest-wage Census Region, resulting
in a threshold of $913 per week or $47,476 per year, was a
strong yet measured increase by almost any measure, including
as compared to--
(A) the higher salary threshold of $970 per week or
$50,440 per year, initially put forward by the
Secretary of Labor in the proposed rule;
(B) the salary threshold of $984 per week or
$51,168 per year, which would have fully accounted for
the erosion to the value of the salary threshold since
1975 due to inflation;
(C) the salary threshold of $1,122 per week or
$58,344 per year, which would have covered the same
share of all salaried workers as were covered in 1975
after accounting for changes in the economy; and
(D) the salary threshold of $1,327 per week or
$69,004 per year, which would have covered the same
percentage of all salaried workers as were covered in
1975 without accounting for changes in the economy.
(13) The United States District Court for the Eastern
District of Texas erroneously called the authority of the
Secretary of Labor under the Fair Labor Standards Act of 1938
into question when it issued a preliminary injunction enjoining
the Department of Labor from enforcing the final overtime rule.
(14) The United States District Court for the Eastern
District of Texas issued a final decision invalidating the
rule, threatening overtime protections for millions of workers.
SEC. 3. MINIMUM SALARY THRESHOLD FOR BONA FIDE EXECUTIVE,
ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES EXEMPT FROM
FEDERAL OVERTIME COMPENSATION REQUIREMENTS.
(a) Minimum Salary Threshold for Bona Fide Executive,
Administrative, and Professional Employees.--Section 13 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213) is amended--
(1) in subsection (a)(1)--
(A) by inserting ``subsection (k) and'' after
``subject to''; and
(B) by inserting ``(except as provided under
subsection (k)(3)(C))'' after ``Administrative
Procedure Act''; and
(2) by adding at the end the following:
``(k) Minimum Salary Threshold.--
``(1) In general.--Beginning on the effective date of the
Restoring Overtime Pay Act of 2017, the Secretary shall require
that an employee described in subsection (a)(1), as a
requirement for exemption under such subsection, be compensated
on a salary basis, or equivalent fee basis, within the meaning
of such terms in subpart G of part 541 of title 29, Code of
Federal Regulations (or any successor regulation), at a rate
per week that is not less than the salary threshold under
paragraph (2).
``(2) Salary threshold.--
``(A) In general.--The salary threshold shall be an
amount that, subject to subparagraph (B), is equal to
the 40th percentile of earnings of full-time salaried
workers in the lowest-wage Census Region as determined
by the Bureau of Labor Statistics in accordance with
subparagraph (C) and as updated under paragraph (3).
``(B) Increased threshold.--The Secretary may
establish, through notice and comment rule making under
section 553 of title 5, United States Code, a salary
threshold that is an amount based on a rate that is
greater than the rate described in subparagraph (A) as
determined by the Bureau of Labor Statistics in
accordance with subparagraph (C) and as updated under
paragraph (3).
``(C) Amount determinations.--The amount of the
salary threshold determined under subparagraph (A) or
(B) shall be based on data from the second quarter of
the year preceding the effective date of such amount.
``(3) Automatic updates.--
``(A) In general.--The Secretary shall update the
amount of the salary threshold under paragraph (2)
every 3 years so that such amount is based on data from
the second quarter of the year preceding the effective
date of the update.
``(B) Publication of notice.--Not later than 60
days before the effective date of any update under
subparagraph (A), the Secretary shall publish, in the
Federal Register and on the internet website of the
Department of Labor, a notice announcing the update.
``(C) Nonapplicability of rule making
requirements.--Any update described in this paragraph
shall not be subject to the requirements for notice and
comment rule making under section 553 of title 5,
United States Code.
``(4) Duties test.--The Secretary shall, in addition to the
requirement under paragraph (1), continue to require employees
to satisfy a duties test, as prescribed by the Secretary, in
defining and delimiting the terms described in subsection
(a)(1).''.
(b) Effective Date.--This Act, and the amendments made by this Act,
shall take effect on the date that is 60 days after the date of
enactment of this Act. | Restoring Overtime Pay Act of 2017 This bill requires the Department of Labor to update the salary threshold applicable to bona fide executive, administrative, and professional employees for purposes of determining eligibility for overtime pay. The bill adopts rulemaking promulgated by Labor in 2016 that established the threshold for exempting such employees from overtime requirements at the 40th percentile of earnings for full-time salaried employees in the lowest-wage census region. The bill also requires updates to the threshold amount every three years. | Restoring Overtime Pay Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foodborne Illness Reduction Act of
2011''.
SEC. 2. CONSUMER RECALL NOTIFICATION.
Subtitle A of the Agricultural Marketing Act of 1946 is amended by
adding after section 208 (7 U.S.C. 1627) the following:
``SEC. 209. CONSUMER RECALL NOTIFICATION.
``(a) Definitions.--In this section:
``(1) Class i recall.--The term `Class I recall' means a
food recall classification defined by the Secretary that covers
a health-hazard situation in which there is a reasonable
probability that the use of the food or food product being
recalled will cause a serious, adverse health consequence or
death.
``(2) Food or food product.--The term `food or food
product' means--
``(A) a meat or a meat food product (within the
meaning of the Federal Meat Inspection Act (21 U.S.C.
601 et seq.));
``(B) an egg or egg product (as defined in section
4 of the Egg Products Inspection Act (21 U.S.C. 1033));
or
``(C) a poultry or poultry product (as defined in
section 4 of the Poultry Products Inspection Act (21
U.S.C. 453)).
``(3) Retail establishment.--The term `retail
establishment' means a grocery store or other retail
establishment that sells food and food products directly to
consumers.
``(4) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(5) Summary notice.--The term `summary notice' means the
1-page summary notice described in subsection (b).
``(b) Distribution of Information.--In the case of any Class I
recall, the Secretary shall, to the maximum extent practicable,
distribute to each retail establishment in the United States a 1-page
summary notice containing product information of each food or food
product subject to the Class I recall.
``(c) Distribution of Information.--The Secretary shall require
each retail establishment that receives a summary notice--
``(1) to post a copy of the summary notice at each cash
register of the retail establishment;
``(2) to post a copy of the summary notice on the shelving
unit on which the food or food product was sold; or
``(3) in the case of a retail establishment that uses a
customer card system to track customer purchases or
demographics--
``(A) to place a call to each customer that
purchased a recalled food or food product to inform the
customer of the Class I recall; or
``(B) to make available to each customer that
purchased a recalled food or food product with a
targeted coupon with information about the recalled
food or food product.
``(d) Assistance.--In cooperation with the Director of the Centers
for Disease Control and Prevention and the Centers of Excellence of the
Food and Drug Administration, the Secretary shall provide assistance to
regional, State, and local agencies to assist in carrying out this
section through activities such as providing resources, including
timely information concerning symptoms and tests, for frontline health
professionals interviewing individuals as part of routine surveillance
and outbreak investigations.''.
SEC. 3. POULTRY AND POULTRY PRODUCTS.
Section 4(g) of the Poultry Products Inspection Act (21 U.S.C.
453(g)) is amended--
(1) in paragraph (7), by striking ``or'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) if it is contaminated with Salmonella; or
``(11) if it is contaminated with Campylobacter.''.
SEC. 4. MEAT AND MEAT PRODUCTS.
(a) Definition of Adulterated.--Section 1(m) of the Federal Meat
Inspection Act (21 U.S.C. 601(m)) is amended--
(1) in paragraph (8), by striking ``or'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) if it is contaminated with Salmonella;
``(11) if it is contaminated with Toxoplasma gondii; or
``(12) if it is contaminated with enterohemorrhagic (EHEC)
Shiga toxin-producing serotypes of Escherichia coli (E.
coli).''.
(b) E. Coli Reduction in Ground Beef.--Title I of the Federal Meat
Inspection Act (21 U.S.C. 601 et seq.) is amended by adding at the end
the following:
``SEC. 26. E. COLI REDUCTION IN GROUND BEEF.
``(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary shall require that
slaughterhouses, processing establishments, and grinding facilities
described in subsection (b) test for the presence of E. coli at the
following points:
``(1) At least 1 test at the slaughterhouse or processing
establishment at which source trim was produced and at least 1
test of the source trim or bench trim at the receiving facility
prior to combining with other lots from different sources.
``(2) If the source trim and grinding occurs at the same
facility, at least 1 test of the source trim and at least 1
test of the final ground product.
``(b) Application.--This section applies--
``(1) effective beginning on the date that is 180 days
after the date of enactment of this section, to--
``(A) all slaughterhouses or processing
establishments that produce more than 25,000 pounds of
trim per day; or
``(B) grinding facilities that grind more than
25,000 pounds of trim or bench trim per day; and
``(2) effective beginning on the date that is 3 years after
the date of enactment of this section, to all slaughterhouses,
processing establishments, and grinding facilities that produce
or grind trim or bench trim.
``(c) Administration.--To carry out this section, the Secretary
shall--
``(1) approve definitions of lot sizes established by
establishments, except that an establishment--
``(A) shall demonstrate to the satisfaction of the
Secretary scientific justification for the definition
of lot size proposed by the establishment; and
``(B) shall not define a lot as more than 2,000
pounds;
``(2) establish testing standards;
``(3) assist processors in establishing appropriate
sampling plans for establishments through guidance documents;
and
``(4) in the case of a positive sample that indicates the
presence of E. coli in a lot of an establishment--
``(A) verify that meat or meat food products
contaminated with the E. coli, and the entire lot that
is represented by the sample, are disposed of or
treated to eradicate the E. coli (in accordance with
guidelines of the Secretary) before entry into
commerce; and
``(B) promulgate regulations that require that the
slaughterhouse or processing establishment takes
corrective action and establishes measures to prevent
reoccurrence.
``(d) Testing.--
``(1) In general.--A slaughterhouse or processing
establishment producing, or a grinding facility receiving,
trimmings shall test each lot using sampling standards and
procedures determined by the Secretary.
``(2) Testing facilities.--
``(A) In general.--An establishment shall use an
independent testing facility that uses methods that are
at least equivalent in specificity and sensitivity to
the methods used by the Secretary to test beef
trimmings.
``(B) Administration.--In using an independent
testing facility under subparagraph (A), the
establishment--
``(i) shall contract with the facility on
an annual basis; and
``(ii) shall not terminate the contract on
the basis of positive test results reported by
the facility.
``(3) Proficiency testing service.--A laboratory that tests
beef for E. coli shall contract with a testing service to
verify the proficiency of the laboratory.
``(4) Transmission of testing results.--
``(A) In general.--Test results of any testing
conducted under this subsection shall be sent to the
applicable slaughterhouse, processing establishment, or
grinding facility as soon as results are ready.
``(B) Transmission to secretary.--The
slaughterhouse, processing establishment, or grinding
facility shall report any positive or presumptive
positive results directly to the Secretary through
electronic means not later than 24 hours after receipt
of results from a testing facility.
``(5) Habitual violators.--A slaughterhouse or processing
establishment that produces or distributes trim that receives
positive results that exceed the maximum allowable percentage
of positive results for 3 consecutive days, as determined by
the Secretary, or more than 10 instances per year shall be
listed on the public website of the Secretary as a habitual
violator.
``(6) Compliance.--The Secretary shall take necessary
regulatory action with respect to an establishment that fails
to test, notify the Secretary of positive results, or otherwise
comply with this subsection.
``(e) Imported Ground Beef.--
``(1) In general.--Any trim, bench trim, and ground beef
originating from outside the United States shall be subject to
the same requirements as apply to domestic trim, bench trim,
and ground beef under this section.
``(2) Verification.--
``(A) In general.--To be eligible for importation
into the United States, a foreign facility shall
provide a certification of compliance with paragraph
(1) to a domestic slaughterhouse, processing
establishment, or grinding facility.
``(B) Secondary testing.--The domestic
slaughterhouse, processing establishment, or grinding
facility shall verify the results of the certification
by conducting secondary testing of the trim, bench
trim, or ground beef before processing into a final
ground beef product.
``(f) Food Safety and Inspection Service Programs.--
``(1) Sampling program.--
``(A) In general.--The Secretary, acting through
the Administrator of the Food Safety and Inspection
Service, (referred to in this subsection as the
`Secretary') shall develop a specific plan to redesign
the E. coli sampling and verification programs of the
Food Safety and Inspection Service, including by--
``(i) prioritizing and carrying out
necessary baseline studies of beef trim and
ground beef to determine the estimated
prevalence rate of E. coli;
``(ii) reevaluating sample parameters in
order to provide higher confidence in the
programs;
``(iii) improving verification of sanitary
dressing at establishments; and
``(iv) revising traceback methodology and
information management.
``(B) Notice and comment.--Prior to finalizing the
plan developed under subparagraph (A), the Secretary
shall make available the plan for public notice and
comment.
``(2) Hazard analysis verification.--The Secretary shall
implement a hazard analysis verification inspection procedure
to identify issues of concern in the design of the food safety
systems of establishments.''. | Foodborne Illness Reduction Act of 2011 - Amends the Agricultural Marketing Act of 1946 to direct the Secretary of Agriculture (USDA), In the case of any Class I recall, to distribute to each retail grocery or other establishment that sells food directly to customers in the United States a summary notice containing product information about each food or food product subject to such recall.
Defines "Class I recall' as a food recall classification that covers a health-hazard situation in which there is a reasonable probability that the use of the food or food product being recalled will cause a serious, adverse health consequence or death.
Amends the Poultry Products Inspection Act to consider a poultry product adulterated if it is contaminated with Salmonella or Campylobacter.
Amends the the Federal Meat Inspection Act to consider any carcass, part thereof, meat, or meat food product adulterated if it is contaminated with Salmonella, Toxoplasma gondii, or enterohemorrhagic (EHEC) Shiga toxin-producing serotypes of Escherichia coli (E. coli)
Requires that specified slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of E. coli in ground beef.
Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef. Requires domestic facilities to conduct secondary testing of such meat before processing into a final ground beef product.
Requires the Secretary, through the Food Safety and Inspection Service (FSIS), to redesign FSIS E. coli sampling and verification programs. | A bill to require the Secretary of Agriculture to provide retail establishments with information describing recalled meat, poultry, eggs, and related food products, to require the retail establishment to communicate the recall information to consumers, to require the Food Safety Inspection Service of the Department of Agriculture to protect against certain foodborne illnesses, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Cost Effective
Drugs Act'' or the ``PACED Act''.
SEC. 2. ABROGATION OF SOVEREIGN IMMUNITY.
(a) In General.--Title 35, United States Code, is amended--
(1) in section 135, by adding at the end the following:
``(g) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) a derivation proceeding instituted under
subsection (a); or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any proceeding described in
paragraph (2)(A), the Patent Trial and Appeal Board shall
determine whether the patent owner is immune from the
jurisdiction of the Patent Trial and Appeal Board, in
accordance with chapter 97 of title 28 as if the Patent Trial
and Appeal Board were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.'';
(2) in section 296--
(A) in the section heading, by striking ``and State
officials'' and inserting ``, State officials, and
Indian tribes''; and
(B) by adding at the end the following:
``(c) Abrogation of Tribal Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `covered claim' means any claim,
counterclaim, or third-party claim that arises under--
``(i) this title relating to infringement
of a patent; or
``(ii) section 351 of the Public Health
Service Act (42 U.S.C. 262); and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation.--In any action that involves a covered
claim that is otherwise within the jurisdiction of a court of
the United States, an Indian tribe may not assert sovereign
immunity as a defense.'';
(3) in section 305--
(A) in the first sentence, by striking ``After
the'' and inserting the following:
``(a) In General.--After the''; and
(B) by adding at the end the following:
``(b) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) any reexamination proceeding under this
section, including any appeal to the Patent Trial and
Appeal Board; or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any proceeding described in
paragraph (2)(A), the Office or the Patent Trial and Appeal
Board, as applicable, shall determine whether the patent owner
is immune from the jurisdiction of the Office or the Patent
Trial and Appeal Board, as applicable, in accordance with
chapter 97 of title 28 as if the Office or the Patent Trial and
Appeal Board, as applicable, were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.'';
(4) in section 316, by adding at the end the following:
``(f) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) an inter partes review instituted under this
chapter; or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any review described in
paragraph (2)(A), the Patent Trial and Appeal Board shall
determine whether the patent owner is immune from the
jurisdiction of the Patent Trial and Appeal Board, in
accordance with chapter 97 of title 28 as if the Patent Trial
and Appeal Board were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.''; and
(5) in section 326, by adding at the end the following:
``(f) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) a post-grant review instituted under this
chapter; or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any review described in
paragraph (2)(A), the Patent Trial and Appeal Board shall
determine whether the patent owner is immune from the
jurisdiction of the Patent Trial and Appeal Board, in
accordance with chapter 97 of title 28 as if the Patent Trial
and Appeal Board were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.''.
(b) Amendments to the Tariff Act of 1930.--Section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) is amended by adding at the end the
following:
``(o) Abrogation of Tribal Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `covered person'--
``(i) means a person; and
``(ii) includes--
``(I) an Indian tribe; and
``(II) any other person that claims
immunity on account of the sovereign
status of an Indian tribe; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation.--In any proceeding under this section, no
covered person may assert as a defense the sovereign immunity
that is accorded to an Indian tribe.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 29 of title 35, United States Code, is amended by striking the
item relating to section 296 and inserting the following:
``296. Liability of States, instrumentalities of States, State
officials, and Indian tribes for
infringement of patents.''. | Preserving Access to Cost Effective Drugs Act or the PACED Act This bill prohibits patent owners from asserting tribal sovereign immunity as a defense in certain proceedings before the U.S. Patent and Trademark Office, including patent validity challenge proceedings before the Patent Trial and Appeal Board (PTAB). The prohibition also applies to court actions and proceedings before the International Trade Commission. Sovereign immunity for foreign states shall apply in the PTAB as it applies in federal court. | Preserving Access to Cost Effective Drugs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tax Equity Act of 2016''.
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States largely relies on a direct tax
system, whereas 164 countries currently employ one particular
form of indirect tax known as value-added taxes (VAT) as well
as direct taxes. The worldwide VAT average in 2015 was 15
percent, and in countries of the European Union it was 21
percent.
(2) Under the rules of the World Trade Organization (WTO),
direct taxes, such as corporate income taxes, if rebated or
refunded upon the export of goods, are viewed as export
subsidies and prohibited on most goods and are at least
potentially actionable on all goods. However, indirect taxes,
such as sales taxes and VAT, may be rebated or refunded upon
the export of goods and such rebate or refund is not defined as
constituting a subsidy and hence is not actionable under WTO
rules.
(3) At present, there are no WTO rules on subsidies as
applied to trade in services. However, a number of countries
currently impose taxes on the import of services and exempt or
rebate or refund taxes upon the export of services, to the
disadvantage of United States service providers.
(4) The disparate treatment of border taxes detrimentally
affects United States agricultural producers, manufacturers,
and service providers in that--
(A) refunds of indirect taxes effectively act as
export subsidies to foreign exporters; and
(B) United States exporters are subject to double
taxation, by paying direct taxes on domestic production
in the United States and having their exported product
or service face a border tax in the importing country
consisting of indirect taxes.
(5) As one example, governments of member states of the
European Union, with an average VAT of 21 percent in 2015 and
total exports to the United States of $427.5 billion, paid
their producers an estimated $91.9 billion of VAT rebates on
goods exported to the United States in 2015. These governments
collected from United States producers an estimated $28.7
billion of VAT-equivalent taxes on their imported goods. For
services, these governments paid their producers an estimated
$47.6 billion of VAT-equivalent taxes on services exported to
the United States and collected from United States producers an
estimated $36.3 billion of VAT-equivalent taxes on services
imported from the United States. The combined goods and
services disadvantage in 2015 was $204 billion.
(6) For more than 45 years, United States businesses have
complained of border tax inequity and, since 1968, prior United
States administrations and Congresses have sought to resolve
it.
(7) Congress has repeatedly recognized the prejudicial
effect of the disparate treatment of border taxes with respect
to goods and has directed the United States to seek a
negotiated solution:
(A) In passing the Trade Act of 1974 (19 U.S.C.
2101 et seq.), Congress sought ``revision of GATT
articles with respect to the treatment of border
adjustments for international taxes to redress the
disadvantage to countries relying primarily on direct
rather than indirect taxes for revenue needs.''.
(B) In section 1101(b)(16) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2901(b)(16)),
section 2102(b)(15) of Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3802(b)(15)), and
section 102(b)(18) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (19
U.S.C. 4201(b)(18)) Congress declared that a principal
trade negotiating objective of the United States is to
obtain a revision of WTO rules with respect to the
treatment of border adjustments for internal taxes to
redress the disadvantage to countries relying primarily
on direct taxes for revenue rather than indirect taxes.
(8) The disparate treatment of border taxes is arbitrary,
inequitable, causes economic distortions based only on the type
of tax system used by a country, and is a primary obstacle to
more balanced trade relations between the United States and its
major trading partners.
(b) Declarations of Policy.--Congress declares the following:
(1) It is critically necessary that the issue of border
taxes be addressed and resolved during current and future WTO
negotiations.
(2) If such WTO negotiations fail to achieve the United
States trade negotiating objective of revising rules with
respect to the treatment of border taxes in order to redress
the disadvantage to countries relying primarily on direct taxes
for revenue rather than indirect taxes, then effective action
through legislation is warranted given the massive and
inequitable distortions to trade that United States
agricultural producers, manufacturers, and service providers
face as a result of border taxes.
SEC. 3. REPORTS ON RESULTS OF WTO NEGOTIATIONS TO REVISE WTO RULES
REGARDING BORDER TAXES AND FREE TRADE AGREEMENTS
REGARDING BORDER TAXES.
(a) Report on Results of WTO Negotiations To Revise WTO Rules
Regarding Border Taxes.--
(1) Report required.--Not later than 60 days after the
completion of WTO negotiations, or by January 1, 2018,
whichever occurs first, the United States Trade Representative
shall submit to Congress a report certifying whether or not
each of the United States trade negotiating objectives
regarding border tax treatment, as specified in paragraph (2),
has been met as a result of such negotiations.
(2) U.S. trade negotiating objectives regarding border tax
treatment specified.--The United States trade negotiating
objectives regarding border tax treatment specified in this
paragraph are the following:
(A) With respect to trade in goods, the revision of
WTO rules with respect to the treatment of border
adjustments for internal taxes to redress the
disadvantage to countries relying primarily on direct
taxes for revenue rather than indirect taxes, as
provided for in section 102(b)(18) of the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015 (19 U.S.C. 4201(b)(18)).
(B) With respect to trade in services--
(i) the elimination of the disadvantage in
trade in services that exists for countries
relying primarily on direct taxes that are not
adjusted at the border rather than indirect
taxes that are adjusted at the border; and
(ii) the revision of WTO rules regarding
trade in services to ensure that such rules do
not result in disparate treatment of border
adjustments for internal taxes based on the
direct or indirect nature of such taxes.
(3) Definition.--In this subsection, the terms ``WTO
negotiations'' and ``negotiations'' mean any World Trade
Organization negotiations that may result in revisions to WTO
rules to meet the United States trade negotiating objectives
regarding border tax treatment, as specified in paragraph (2).
(b) Report on Free Trade Agreements Regarding Border Taxes.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the United States Trade
Representative shall submit to Congress a report certifying
whether or not each covered country that is a party to a
multilateral, bilateral, and regional trade agreement that has
entered into force on or before such date of enactment with
respect to the United States and such covered country is taking
or has taken the actions regarding border tax treatment, as
specified in paragraph (2).
(2) Actions regarding border tax treatment specified.--The
actions regarding border tax treatment specified in this
paragraph are the following:
(A) With respect to trade in goods, the revision of
laws of the covered country with respect to the
treatment of border adjustments for internal taxes to
redress the disadvantage to countries relying primarily
on direct taxes for revenue rather than indirect taxes.
(B) With respect to trade in services--
(i) the elimination of the disadvantage in
trade in services that exists for countries
relying primarily on direct taxes that are not
adjusted at the border rather than indirect
taxes that are adjusted at the border; and
(ii) the revision of laws of the covered
country regarding trade in services to ensure
that such laws do not result in disparate
treatment of border adjustments for internal
taxes based on the direct or indirect nature of
such taxes.
(3) Definition.--In this subsection, the term ``covered
country'' means a country that relies primarily on indirect
taxes that are adjusted at the border rather than direct taxes
that are not adjusted at the border.
SEC. 4. TAX ON IMPORTS FROM FOREIGN COUNTRIES WITH AN INDIRECT TAX
SYSTEM.
(a) In General.--Subtitle D of chapter 36 of the Internal Revenue
Code (26 U.S.C. 4461 et seq.) is amended by adding at the end the
following new subchapter:
``Subchapter E--Tax on Imports From Foreign Countries With An Indirect
Tax System
``Sec. 4491. Imposition of tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on imports of
goods and services from any foreign country that employs an indirect
tax system and grants rebates of indirect taxes paid on goods or
services exported from that country.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on an imported good or service shall be an amount equal to the
excess of--
``(1) the indirect taxes that are rebated or not paid on
the good or service upon its export, over
``(2) any indirect taxes imposed on the good or service at
the border of the United States.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) on a
good or service shall be paid by the importer of such good or
service.
``(2) Time of imposition.--The tax imposed by subsection
(a) shall be imposed on imports at the time of entry.
``(d) Period of Applicability.--The tax imposed by subsection (a)
shall apply during the period beginning as prescribed in section 6(1)
of the Border Tax Equity Act of 2016 and ending on the date on which
the United States Trade Representative certifies to Congress that the
United States trade negotiating objectives of equitable border tax
treatment have been met.
``(e) Special Account.--The tax on imports under subsection (a)
shall be collected by U.S. Customs and Border Protection and deposited
into a special account. This special account shall be the source of
payments to qualified United States exporters under section 314 of the
Tariff Act of 1930.
``(f) Definitions.--For purposes of this subchapter--
``(1) Importer.--The term `importer' means--
``(A) as such term relates to imports of goods, one
of the parties eligible to file the required customs
entry documentation or information pursuant to section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)), and
``(B) as such term relates to imports of services,
the importer of the service as defined by the Secretary
in rules and regulations promulgated under this
subchapter.
``(2) Time of entry.--The term `time of entry' means--
``(A) as relates to imports of goods, the time
generally specified in section 484(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and
prescribed in regulations (19 C.F.R. 141.68), and
``(B) as relates to imports of services, the time
specified by the Secretary in rules and regulations
promulgated under this subchapter.
``(3) Indirect tax system and grants rebates of indirect
taxes.--A foreign country employs an indirect tax system and
grants rebates of indirect taxes paid on goods or services
exported from that country if such country imposes indirect
taxes (including sales taxes and value-added taxes (VAT)) on
goods or services, and permits a rebate of such indirect taxes
paid on goods or services exported from such country.
``(4) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).
``(g) Regulations.--The Secretary may prescribe such rules and
regulations as are necessary to carry out this section.''.
(b) Clerical Amendment.--The table of subchapters for subtitle D of
chapter 36 of such Code is amended by adding at the end of the
following new item:
``subchapter e. tax on imports from foreign countries with an indirect
tax system''.
SEC. 5. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1305 et
seq.) is amended by inserting after section 313 the following:
``SEC. 314. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
``(a) Payments Required.--
``(1) In general.--Upon exportation of goods or services
from the United States to any foreign country that employs an
indirect tax system and imposes or applies indirect taxes on
imports of goods or services at the border, the Secretary of
the Treasury, acting through the Commissioner of U.S. Customs
and Border Protection, shall, if requested by the exporter, pay
to the exporter an amount equal to the amount of indirect taxes
that the importing foreign country imposes or applies at the
border to such goods or services, minus any United States taxes
paid on such goods or services that have been rebated or funded
upon exportation.
``(2) Information to be included in request.--An exporter
who requests a payment under paragraph (1) shall, in such
request, identify the indirect taxes imposed by the importing
foreign country and present proof of the payment of such taxes
to the importing foreign country's authorities within a
reasonable period of time after exportation of the goods or
services.
``(b) Special Account.--The payments required under subsection (a)
shall be paid from amounts contained in the special account authorized
under section 4491(e) of the Internal Revenue Code of 1986.
``(c) Period of Applicability.--The requirement to make payments
under subsection (a) shall apply during the period beginning as
prescribed in section 6(2) of the Border Tax Equity Act of 2016 and
ending on the date on which the United States Trade Representative
certifies to Congress that each of the United States trade negotiating
objectives regarding border tax treatment have been met.
``(d) Regulations.--The Secretary of the Treasury is authorized to
prescribe such rules and regulations as are necessary to carry out the
provisions of this section.
``(e) Definitions.--In this section:
``(1) Indirect tax system and imposes or applies indirect
taxes on imports of goods or services at the border.--A foreign
country employs an indirect tax system and imposes or applies
indirect taxes on imports of goods or services at the border if
such country imposes indirect taxes (including sales tax and
value-added taxes (VAT)) on goods or services, and imposes or
applies such indirect taxes on imports of goods or services at
the border.
``(2) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).''.
SEC. 6. EFFECTIVE DATES.
If, pursuant to subsection (a)(1) of section 3 of this Act, the
United States Trade Representative fails to certify to Congress by the
date specified in such subsection that each of the United States trade
negotiating objectives regarding border tax treatment described in
section (a)(2) of such section has been met as a result of WTO
negotiations, then--
(1) section 4491 of the Internal Revenue Code of 1986, as
added by section 4 of this Act, shall take effect 90 days after
such date; and
(2) section 314 of the Tariff Act of 1930, as added by
section 5 of this Act, shall take effect 120 days after such
date. | Border Tax Equity Act of 2016 This bill amends the Internal Revenue Code to impose a tax on imports from any foreign country that: (1) employs an indirect tax system, and (2) grants rebates of indirect taxes paid on exports from that country. This tax shall be collected by the U.S. Customs and Border Protection (CBP) and deposited into a special account. The bill also amends the Tariff Act of 1930 to require the CBP, upon request of a U.S. exporter, to pay to the exporter from this special account an amount equal to the amount of indirect taxes imposed by the importing foreign country, minus any U.S. taxes rebated or funded upon exportation. The Office of the U.S. Trade Representative must report on specified matters related to World Trade Organization negotiations, border taxes, and free-trade agreements. | Border Tax Equity Act of 2016 |
SECTION 1. APPLICATION OF DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC
PRODUCTION ACTIVITIES TO CERTAIN CONTRACT MANUFACTURING
OR PRODUCTION ARRANGEMENTS.
(a) In General.--Section 199(d) of the Internal Revenue Code of
1986 is amended--
(1) by inserting ``the same qualified production activities
income derived from'' before ``any activity'' in paragraph
(10),
(2) by redesignating paragraph (10) (as amended by
paragraph (1)) as paragraph (11), and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) Contract manufacturing or production arrangements.--
``(A) In general.--Except as provided in
subparagraph (B), in the case of a contract
manufacturing or production arrangement under which any
person makes a substantial contribution through the
activities of its employees within the United States to
the manufacture, production, growth, or extraction of
qualifying production property, taking into account the
factors set forth in subparagraph (D)--
``(i) such person shall be treated as
engaging in the manufacturing, production,
growth, or extraction of such qualifying
production property, and
``(ii) the domestic production gross
receipts of such person shall include the gross
receipts of such person received under such
arrangement for such activities.
``(B) Treatment of certain written agreements.--In
the case of a contract manufacturing or production
arrangement, if all parties to such arrangement agree
in writing that only one such person shall be eligible
for the deduction under this section, such person shall
be treated as performing the activities described in
subclauses (I) and (II) of subsection (c)(4)(A)(i)
under such arrangement and no other person shall be
treated for purposes of this section as performing such
activities.
``(C) Contract manufacturing or production
arrangement.--For purposes of this paragraph, the term
`contract manufacturing or production arrangement'
means any arrangement under which--
``(i) a person contracts with one or more
unrelated persons for the manufacture,
production, growth or extraction of an item of
qualifying production property or a qualified
film, and
``(ii) in the case of qualifying production
property, such item of qualifying production
property is manufactured, produced, grown or
extracted in whole or significant part within
the United States pursuant to subsection
(c)(4)(A)(i)(I).
``(D) Factors for determining substantial
contribution.--The Secretary shall prescribe
regulations setting forth activities to be taken into
account in determining whether a person makes a
substantial contribution through the activities of its
employees within the United States to the manufacture,
production, growth or extraction of qualifying
production property for purposes of subparagraph (A).
Such factors shall include--
``(i) oversight and direction of the
activities or process pursuant to which the
property is manufactured, produced, grown or
extracted;
``(ii) physical transformation of personal
property, or assembly or conversion of
component parts into qualifying production
property, that does not by itself constitute
manufacturing, production, growth or extraction
pursuant to subsection (c)(4)(A)(i)(I);
``(iii) material selection, vendor
selection, or ownership and control of the raw
materials, work-in-process or finished goods;
``(iv) management of risk of loss, cost
reduction or efficiency initiatives associated
with the manufacturing process, demand
planning, production scheduling, hedging raw
material costs and other manufacturing costs or
capacities;
``(v) control of manufacturing related
logistics;
``(vi) sample testing, establishment of
quality control standards and other quality
control activities;
``(vii) developing, or directing the use or
development of, product design and design
specifications, as well as trade secrets,
technology, and other intellectual property for
the purpose of manufacturing, producing,
growing or extracting the qualifying production
property; and
``(viii) such other activities as shall be
determined by the Secretary.
``(E) Safe harbor for determining substantial
contribution.--
``(i) In general.--A person which has
economic risk of loss with respect to greater
than 50 percent of the direct material costs
necessary to the manufacture, production,
growth, or extraction of the qualifying
production in whole or in significant part
within the United States shall be deemed for
purposes of subparagraph (A) to make a
substantial contribution through the activities
of its employees within the United States to
the manufacture, production, growth, or
extraction of such qualifying production
property.
``(ii) Economic risk of loss.--For purposes
of this subparagraph, a person has economic
risk of loss if such person bears the ultimate
economic responsibility for the direct material
cost. The following factors shall not affect
the determination of economic risk of loss:
``(I) Contractual requirements to
insure the direct materials.
``(II) Contractual liability for
breach of performance.
``(iii) Direct material cost.--For purposes
of this subparagraph, the term `direct material
cost' includes the cost of materials that
become an integral part of qualifying
production property and materials that are
consumed in the ordinary course of production
and that can be identified or associated with
particular units or groups of units of property
produced.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after the date of the
enactment of this Act.
(2) Election for retroactive application.--If all of the
persons entering into a written agreement described in section
199(d)(10)(B) of the Internal Revenue Code of 1986 (as amended
by this Act) elect to have this paragraph apply to taxable
years beginning on or before the date of the enactment of this
Act and can demonstrate, by providing copies of timely filed
tax returns (including amended returns) or otherwise, that only
one person claimed the deduction under section 199 of such Code
in such taxable years with respect to the property described in
the agreement, then the amendments made by this section shall
apply to such taxable years of such persons.
(c) No Inference.--The amendments made by this section are intended
as safe harbors and shall not be construed as adversely affecting the
eligibility for a deduction under section 199 of the Internal Revenue
Code of 1986 of any person who contracts with another person to
manufacture, produce, grow or extract property described in subsection
(c)(5) or (c)(6) of such section. | This bill amends the Internal Revenue Code to specify rules for applying the deduction for income from domestic production activities to contract manufacturing or production arrangements. In a contract manufacturing or production arrangement, a person contracts with one or more unrelated persons for the manufacture, production, growth, or extraction of an item of qualifying production property (tangible personal property, computer software, and sound recordings) or film. The qualifying production property must be manufactured, produced, grown, or extracted in whole or significant part within the United States. In an arrangement in which any person makes a substantial contribution through the activities of its employees within the United States to the manufacture, production, growth, or extraction of qualifying production property: (1) the person shall be treated as engaging in the activity, and (2) the domestic production gross receipts of the person shall include the gross receipts received under the arrangement for the activities. The Internal Revenue Service must prescribe regulations that include specified factors for determining a substantial contribution. A person with an economic risk of loss of more than 50% of the direct material costs necessary to the manufacture, production, growth, or extraction of the qualifying production is deemed to make a substantial contribution. The parties to an arrangement may agree in writing to: (1) make only one person eligible for the deduction, or (2) apply the rules retroactively to tax years in which only one person claimed the deduction. | To amend the Internal Revenue Code of 1986 to provide appropriate rules for the application of the deduction for income attributable to domestic production activities with respect to certain contract manufacturing or production arrangements. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Knee and Hip Replacement
Registry Act of 2009''.
SEC. 2. ESTABLISHMENT.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
establish within the Agency for Healthcare Research and Quality a
national knee and hip replacement registry (referred to in this Act as
the ``registry'') for the purpose of identifying predictors (including
patient co-morbidities, conditions, and characteristics; features of
the prostheses; and surgical technique) that may lead to poor outcomes
in knee and hip replacement surgeries in order to assist health care
providers in medical and surgical decision-making, improve patient care
and outcomes generally, detect poorly performing prostheses and
surgical techniques, and reduce the number of knee and hip replacement
revision surgeries required nationwide.
(b) Policies and Procedures.--Such registry shall be subject to the
policies and procedures developed under section 3(a).
SEC. 3. KNEE AND HIP REPLACEMENT REGISTRY POLICIES AND PROCEDURES.
(a) Policies and Procedures.--Not later than 3 years after the date
of the enactment of this Act, the Administrator of the Centers for
Medicare and Medicaid Services, in coordination with the Director of
the Agency for Healthcare Research and Quality, shall develop policies
and procedures for the development and maintenance of the registry
under section 2. The policies and procedures shall address--
(1) the scope of data collection to be conducted by the
registry to conform with the purpose of the registry as defined
in section 2;
(2) the core data set to be used by the registry;
(3) policies to be used by the registry to--
(A) ensure scientific rigor in data collection and
analysis;
(B) avoid bias in the analysis of data;
(C) ensure that analysis of the data collected can
be generalizable to the population of people getting
knee and hip replacements;
(D) protect, to the extent practicable, trade
secrets of manufacturers of knee and hip replacement
prostheses and related products; and
(E) protect patient privacy; and
(4) guidelines for data collection that--
(A) incorporate, to the extent practicable, the
recommendations and feedback of stakeholders,
including--
(i) orthopedic practitioners and providers,
such as hospitals, surgeons, nurses, and other
practitioners and providers;
(ii) manufacturers of knee and hip
replacement prostheses and related products;
and
(iii) patient and consumer groups;
(B) balance the importance and usefulness of
potential findings resulting from the collection of
data by the registry with the feasibility and
administrative burden on collecting such data;
(C) allow the registry to use, to the extent
practicable, data that is collected through existing
Federal reporting requirements; and
(D) rely, to the extent practicable, on the
voluntary submission of data on both Medicare and non-
Medicare patients by practitioners and providers.
(b) Interagency Cooperation.--In developing of the policies and
procedures under subsection (a), the Administrator of the Centers for
Medicare and Medicaid Services shall consult with the heads of the
Agency for Healthcare Research and Quality, the Food and Drug
Administration, the National Institutes of Health, and the Office of
the National Coordinator for Health Information Technology.
SEC. 4. ACTIVITIES OF THE REGISTRY.
(a) Data Collection and Storage.--Beginning not later than 5 years
after the date of the enactment of this Act, the head of the registry
shall collect and store data related to knee and hip replacements
(including information related to prosthetic devices and surgical
procedures consistent with the policies and procedures under section
3(a) in the registry established under subsection (a) of section 2).
(b) Data Analysis.--The head of the registry shall conduct data
analysis to fulfil the purpose of the registry under section 2.
(c) Access to Data.--
(1) Provision of data to providers.--At least one time per
year, beginning not later than 6 years after the date of
enactment of this Act, the head of the registry shall provide
data to health care providers to allow them to evaluate their
performance, relative to their peers, in--
(A) conducting knee and hip replacement surgeries;
and
(B) providing care related to such surgeries.
(2) Provision of data to manufacturers.--At least one time
per year, beginning not later than 7 years after the date of
the enactment of this Act, the head of the registry shall
provide data to manufacturers of knee and hip replacement
prostheses and related products to allow such manufacturers to
evaluate the safety and performance of their products relative
to similar products available on the market.
(3) Use of registry by researchers.--The head of the
registry shall develop a process to allow outside researchers
to apply to use individually identifiable data that is
contained in the registry to conduct longitudinal studies
consistent with the purpose of the registry under section 2.
(d) Coordination With FDA, NIH, and Other HHS Entities.--To avoid
duplication in data collection and analysis, the head of the registry
shall coordinate activities of the registry with--
(1) comparative effectiveness research conducted by--
(A) the Agency for Healthcare Research and Quality;
(B) the National Institutes of Health; and
(C) the Office of the Secretary of Health and Human
Services; and
(2) postmarket surveillance activities conducted by the
Food and Drug Administration.
(e) Collection of Registry Information From Federal Departments and
Agencies.--
(1) Requests by the registry.--The head of the registry may
request data from Federal departments and agencies if the
collection of such data by the entity established under section
2 conforms with the policies and procedures under section 3.
(2) Agency obligations.--Federal departments and agencies
shall provide relevant data to the registry at the request of
the head of the registry under paragraph (1).
(f) Public Feedback.--Not later than 2 years after beginning to
collect data under subsection (a) and at the end of each subsequent 2-
year period, in order to enhance the registry's ability to achieve the
purpose of the registry under section 2 and update policies and
procedures under section 3, the head of the registry, in consultation
with the Center for Medicare and Medicaid Services, the Food and Drug
Administration, the Agency for Healthcare Research and Quality, the
Office of the National Coordinator of Health Information Technology,
and the National Institutes of Health shall seek feedback from--
(1) orthopedic providers, such as hospitals, surgeons,
nurses, and other practitioners;
(2) manufacturers of knee and hip replacement prostheses
and related products;
(3) patient and consumer groups; and
(4) public health experts and epidemiologist.
(g) Public Report.--Beginning not later than six years after
enactment, the head of the registry shall publish and make publically
available an annual report that contains--
(1) an overview of the data collected by under subsection
(a);
(2) the findings resulting from any analysis of such data
conducted by the registry; and
(3) any other information that the head of the registry
determines is appropriate.
SEC. 5. SAFETY MONITORING AND REPORTING.
(a) Safety Monitoring.--The Agency for Healthcare Research and
Quality and the Food and Drug Administration shall use the data in the
registry and any analysis of such data conducted by the registry or by
other entities to monitor and evaluate the safety of knee and hip
replacement procedures and devices.
(b) Report.--Not later than 6 years after the date of the enactment
of this Act and annually thereafter, the Agency for Healthcare Research
and Quality, in consultation with Food and Drug Administration, shall
submit a report to the Secretary of Health and Human Services and
Congress containing recommendations on changes in policy and health
care provider practices that could enhance the safety of knee and hip
replacements.
SEC. 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES COLLECTION OF
INFORMATION FROM PROVIDERS AND OTHER ENTITIES.
(a) Modification of Required Data.--The Secretary of Health and
Human Services may modify the information required to be reported under
administrative data sets under title XVIII of the Social Security Act
(42 U.S.C. 1395 et seq.) (including data that is required to be
submitted by Medicare Advantage organizations and quality improvement
organizations) to the extent the Secretary, in consultation with the
head of the registry, determines that the modification would result in
the reporting of information that would be useful in carrying out the
purpose of the registry under section 2.
(b) Condition of Participation.--In the case that two consecutive
reports submitted under section 7(a) conclude that the level of
provider participation in the registry is insufficient to achieve the
purpose of the registry under section 2, the Secretary of Health and
Human Services may require providers of services (as defined under
section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) and
physicians and other suppliers (as defined in subsections (r) and (d)
of section 1861 of the Social Security Act (42 U.S.C. 1395x(r) and
(d)), respectively) to report relevant information directly to the
registry as a condition of participation in the Medicare program under
section 1866 and 1842(h) of the Social Security Act (42 U.S.C. 1395cc
and 42 U.S.C. 1395u(h)), respectively.
SEC. 7. OVERSIGHT OF THE REGISTRY.
(a) In General.--Not later than 1 year after the date the registry
begins collecting data under section 4(a) and the end of each
subsequent 2-year period, the Comptroller General of the United States
shall submit to Congress a report on the progress of the registry in
achieving the purposes of the registry under section 2.
(b) Information on Provider Participation.--The report under
subsection (a) shall include information on the number of providers
participating in the registry and an analysis of whether that level of
provider participation is sufficient to achieve the purposes of the
registry under section 2.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act, such
sums as are necessary for fiscal years 2010 through 2019. | National Knee and Hip Replacement Registry Act of 2009 - Directs the Secretary of Health and Human Services (HHS) to establish within the Agency for Healthcare Research and Quality (AHRQ) a national knee and hip replacement registry for identifying predictors that may lead to poor outcomes in knee and hip replacement surgeries.
Directs: (1) the Administrator of the Centers for Medicare and Medicaid Services, in coordination with the Director of AHRQ, to develop policies and procedures for the development and maintenance of the registry; (2) the AHRQ and the Food and Drug Administration (FDA) to use data in the registry and any analysis conducted to monitor and evaluate the safety of knee and hip replacement procedures and devices; and (3) the Comptroller General to report to Congress on the registry's progress.
Requires the head of the registry to: (1) collect and store relevant data; (2) provide data to health care providers to allow them to evaluate their performance relative to their peers; (3) provide data to manufacturers of knee and hip replacement prostheses and related products to allow them to evaluate the safety and performance of their products relative to similar products; (4) develop a process to allow outside researchers to apply to use individually identifiable data contained in the registry to conduct longitudinal studies; (5) seek feedback from orthopedic practitioners and providers, product manufacturers, patient and consumer groups, and public health experts and epidemiologists; and (6) publish an annual report.
Authorizes: (1) the head of the registry to request data from federal agencies; and (2) the Secretary to modify the information required to be reported under administrative data sets under Medicare to the extent it would result in the reporting of useful information. | To establish a national knee and hip replacement registry. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sand Creek Massacre National
Historic Site Trust Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Facility.--The term ``facility'' means any structure,
utility, road, or sign constructed on the trust property on or
after the date of enactment of this Act.
(3) Improvement.--The term ``improvement'' means--
(A) a 1,625 square foot 1-story ranch house, built
in 1952, located in the SW quarter of sec. 30, T. 17
S., R. 45 W., sixth principal meridian;
(B) a 3,600 square foot metal-constructed shop
building, built in 1975, located in the SW quarter of
sec. 30, T. 17 S., R. 45 W., sixth principal meridian;
(C) a livestock corral and shelter; and
(D) a water system and wastewater system with all
associated utility connections.
(4) Tribe.--The term ``Tribe'' means the Cheyenne and
Arapaho Tribes of Oklahoma, a federally recognized Indian
tribe.
(5) Trust property.--The term ``trust property'' means the
real property, including rights to all minerals, and excluding
the improvements, formerly known as the ``Dawson Ranch'',
consisting of approximately 1,465 total acres presently under
the jurisdiction of the Tribe, situated within Kiowa County,
Colorado, and more particularly described as follows:
(A) The portion of sec. 24, T. 17 S., R. 46W.,
sixth principal meridian, that is the Eastern half of
the NW quarter, the SW quarter of the NE quarter, the
NW quarter of the SE quarter, sixth principal meridian.
(B) All of sec. 25, T. 17 S., R. 46 W., sixth
principal meridian.
(C) All of sec. 30, T. 17 S., R. 45 W., sixth
principal meridian.
SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR THE CHEYENNE AND
ARAPAHO TRIBES OF OKLAHOMA.
(a) Land Held in Trust for the Cheyenne and Arapaho Tribes of
Oklahoma.--Immediately upon conveyance of title to the trust property
by the Tribe to the United States, without any further action by the
Secretary, the trust property shall be held in trust for the benefit of
the Tribe.
(b) Trust.--All right, title, and interest of the United States in
and to the trust property, except any facilities constructed under
section 4(b), are declared to be held by the United States in trust for
the Tribe.
SEC. 4. IMPROVEMENTS AND FACILITIES.
(a) Improvements.--The Secretary may acquire by donation the
improvements in fee.
(b) Facilities.--
(1) In general.--The Secretary may construct a facility on
the trust property only after consulting with, soliciting
advice from, and obtaining the agreement of, the Tribe, the
Northern Cheyenne Tribe, and the Northern Arapaho Tribe.
(2) Ownership.--Facilities constructed with Federal funds
or funds donated to the United States shall be owned in fee by
the United States.
(c) Federal Funds.--For the purposes of the construction,
maintenance, or demolition of improvements or facilities, Federal funds
shall be expended only on improvements or facilities that are owned in
fee by the United States.
SEC. 5. SURVEY OF BOUNDARY LINE; PUBLICATION OF DESCRIPTION.
(a) Survey of Boundary Line.--To accurately establish the boundary
of the trust property, not later than 180 days after the date of
enactment of this Act, the Secretary shall cause a survey to be
conducted by the Office of Cadastral Survey of the Bureau of Land
Management of the boundary lines described in section 2(5).
(b) Publication of Land Description.--
(1) In general.--On completion of the survey under
subsection (a), and acceptance of the survey by the
representatives of the Tribe, the Secretary shall cause the
full metes and bounds description of the lines, with a full and
accurate description of the trust property, to be published in
the Federal Register.
(2) Effect.--The description shall, on publication,
constitute the official description of the trust property.
SEC. 6. ADMINISTRATION OF TRUST PROPERTY.
(a) In General.--The trust property shall be administered in
perpetuity by the Secretary as part of the Sand Creek Massacre National
Historic Site, only for historical, traditional, cultural, and other
uses in accordance with the Sand Creek Massacre National Historic Site
Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106-465).
(b) Access for Administration.--For purposes of administration, the
Secretary shall have access to the trust property, improvements, and
facilities as necessary for management of the Sand Creek Massacre
National Historic Site in accordance with the Sand Creek Massacre
National Historic Site Establishment Act of 2000 (16 U.S.C. 461 note;
Public Law 106-465).
(c) Duty of the Secretary.--The Secretary shall take such action as
is necessary to ensure that the trust property is used only in
accordance with this section.
(d) Savings Provision.--Nothing in this Act supersedes the laws and
policies governing units of the National Park System.
SEC. 7. ACQUISITION OF PROPERTY.
Section 6(a)(2) of the Sand Creek Massacre National Historic Site
Establishment Act of 2000 (16 U.S.C. 461 note; Public Law 106-465) is
amended by inserting ``or exchange'' after ``only by donation''.
Passed the Senate September 15, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Sand Creek Massacre National Historic Site Trust Act of 2004 - Authorizes the United States to take into trust certain land (formerly known as the Dawson Ranch) in Kiowa County, Colorado, owned by the Cheyenne and Arapaho Indian Tribes of Oklahoma (property). Directs the Tribes to convey title to the property to the United States. Declares that all right, title, and interest of the United States in and to the property (except specified facilities) are to be held in trust by the United States for the Tribes.
Authorizes the Secretary to: (1) acquire by donation the improvements in fee; and (2) construct a facility on the property only after obtaining the agreement of the Cheyenne and Arapaho Tribes, the Northern Cheyenne Tribe, and the Northern Arapaho Tribe. Permits the use of Federal funds to be expended only on improvements or facilities that are owned in fee by the United States.
Directs the Secretary to cause a survey to be conducted by the Office of Cadastral Survey of the Bureau of Land Management of the boundary lines and the description to be published in the Federal Register.
Requires the property to be administered in perpetuity by the Secretary as part of the Sand Creek Massacre National Historic Site, only for historical, traditional, cultural, or other uses in accordance with the Sand Creek Massacre National Historic Site Establishment Act of 2000. | A bill to further the purposes of the Sand Creek Massacre National Historic Site Establishment Act of 2000. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Fund Improvement Act''.
SEC. 2. FAIR FUND IMPROVEMENTS.
(a) Amendment.--Subsection (a) of section 308 of the Sarbanes-Oxley
Act of 2002 (15 U.S.C. 7246(a)) is amended to read as follows:
``(a) Civil Penalties To Be Used for the Relief of Victims.--If in
any judicial or administrative action brought by the Commission under
the securities laws (as such term is defined in section 3(a)(47) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), the Commission
obtains a civil penalty against any person for a violation of such
laws, the amount of such civil penalty shall, on the motion or at the
direction of the Commission, be added to and become part of a
disgorgement fund or other fund established for the benefit of the
victims of such violation.''.
(b) Conforming Amendments.--
(1) Section 308(b) of such Act is amended--
(A) by striking ``for a disgorgement fund described
in subsection (a)'' and inserting ``for a disgorgement
fund or other fund described in subsection (a)''; and
(B) by striking ``in the disgorgement fund'' and
inserting ``in such fund''.
(2) Section 308 of such Act is further amended by striking
subsection (e).
SEC. 3. AUTHORITY TO CONTRACT WITH PRIVATE COUNSEL FOR LEGAL SERVICES
TO COLLECT DELINQUENT JUDGMENTS AND ORDERS.
Subsection (b) of section 4 of the Securities Exchange Act of 1934
(15 U.S.C. 78d(b)) is amended--
(1) in the subsection heading by striking ``and Leasing
Authority'' and inserting ``, Leasing Authority, and
Contracting Authority''; and
(2) by adding at the end of such subsection the following
new paragraph:
``(4) Contracting authority.--
``(A) In general.--Notwithstanding any other
provision of law, the Commission is authorized to enter
into contracts to retain private legal counsel to
furnish legal services, including representation in
litigation, negotiation, compromise, and settlement, in
the case of any claim of indebtedness resulting from
any judgment or order (either by litigation or
settlement) obtained by the Commission in any judicial
action or administrative proceeding brought by or on
behalf of the Commission. Private counsel retained
under this paragraph may represent the Commission in
such debt collection matters to the same extent as the
Commission may represent itself.
``(B) Terms and conditions of contract.--Each such
contract shall include such terms and conditions as the
Commission considers necessary and appropriate, and
shall include provisions specifying--
``(i) the amount of the fee to be paid to
the private counsel under such contract or the
method for calculating that fee;
``(ii) that the Commission retains the
authority to represent itself, resolve a
dispute, compromise a claim, end collection
efforts, and refer a matter to other private
counsel or to the Attorney General; and
``(iii) that the Commission may terminate
either the contract or the private counsel's
representation of the Commission in particular
cases for any reason, including for the
convenience of the Commission.
``(C) Payment of fees.--Notwithstanding section
3302(b) of title 31, United States Code, a contract
under this paragraph may provide that fees and costs
incurred by private counsel under such contracts are
payable from the amounts recovered.
``(D) Competition requirements.--Nothing in this
paragraph shall relieve the Commission of the
competition requirements set forth in title III of the
Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.).
``(E) Counterclaims.--In any action to recover
indebtedness which is brought on behalf of the
Commission by private counsel retained under this
paragraph, no counterclaim may be asserted against the
Commission unless the counterclaim is served directly
on the Commission. Such service shall be made in
accordance with the rules of procedure of the court in
which the action is brought.''. | Fair Fund Improvement Act - Amends the Sarbanes-Oxley Act of 2002 to revise the requirement that, if the Securities Exchange Commission (SEC) obtains an order requiring disgorgement for a violation, and also obtains a civil penalty, such penalty shall, at SEC motion or discretion, be added to the disgorgement fund for the benefit of victims. Repeals the initial requirement for a disgorgement order. Declares that, if the SEC obtains a civil penalty for violation of securities laws, the penalty shall, upon SEC motion, be added to and become part of a disgorgement or other fund established for the benefit of the victims of such violation.
Authorizes the SEC to enter into contracts to retain private legal counsel to collect delinquent judgments and orders. | To make all civil penalties collected by the Securities and Exchange Commission in securities law enforcement actions available for the benefit of victims of securities law violations, and for other purposes. |