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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gold Star Families Equality Act''.
SEC. 2. LAPEL BUTTON FOR NEXT OF KIN OF DECEASED MEMBERS OF THE ARMED
FORCES.
(a) Service-Wide Adoption of Next of Kin Lapel Button.--Section
1126 of title 10, United States Code, is amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following new
subsections:
``(b) A lapel button, to be known as the lapel button for next of
kin of deceased members of the armed forces, shall be designed, as
approved by the Secretary of Defense, to identify widows, parents, and
next of kin of members of the armed forces who die, under circumstances
not prescribed by subsection (a), while serving on active duty or while
assigned to a reserve component in a drill status.
``(c) Under regulations to be prescribed by the Secretary of
Defense, the Secretary concerned, upon application to the Secretary,
shall furnish--
``(1) one gold star lapel button without cost to the widow
and to each parent and next of kin of a member who lost or
loses his or her life under any circumstances prescribed in
subsection (a); and
``(2) one lapel button for next of kin of deceased members
to the widow and to each parent and next of kin of a member who
lost or loses his or her life under the circumstances
prescribed in subsection (b).''.
(b) Conforming Amendments.--Subsection (d) of section 1126 of title
10, United States Code, as redesignated by subsection (a)(2), is
amended by inserting ``or lapel button for next of kin of deceased
members'' after ``gold star lapel button'' both places it appears.
(c) Use of Existing Design.--The design of the lapel button for the
next of kin of deceased members of the Armed Forces required by
subsection (b) of section 1126 of title 10, United States Code, as
added by subsection (a)(3), shall be based on the design of such a
lapel button provided by the Secretary of the Army to certain survivors
of deceased members of the Army, including the Army Reserve and the
Army National Guard, pursuant to Army regulation 600-6-18, as in effect
on the date of the enactment of this Act.
(d) Retroactive Availability.--The lapel button for the next of kin
of deceased members of the Armed Forces required by subsection (b) of
section 1126 of title 10, United States Code, as added by subsection
(a)(3), shall be available to provide appropriate recognition for the
survivors of members of the Armed Forces who have died since September
10, 2001.
SEC. 3. GOLD STAR INSTALLATION ACCESS CARD.
(a) Service-Wide Adoption of Access Card.--The Secretary of each
military department and the Secretary of the Department in which the
Coast Guard is operating (in this section referred to as the
``Secretary concerned'') shall provide for the issuance of a Gold Star
Installation Access Card to Gold Star family members who are the
survivors of deceased members of the Armed Forces under the
jurisdiction of the Secretary concerned to expedite the ability of a
Gold Star family member to gain unescorted access to military
installations for the purpose of obtaining the on-base services and
benefits for which the Gold Star family member is entitled or eligible.
(b) Service-Wide Acceptance of Access Card.--The Secretaries
concerned shall work jointly to ensure that a Gold Star Installation
Access Card issued to a Gold Star family member by one Armed Force is
accepted for access to military installations of another Armed Force.
(c) Protection of Installation Security.--In developing, issuing,
and accepting the Gold Star Installation Access Card, the Secretary
concerned may take such measures as the Secretary concerned considers
necessary--
(1) to prevent fraud in the procurement or use of the Gold
Star Installation Access Card;
(2) to limit installation access to those areas that
provide the services and benefits for which the Gold Star
family member is entitled or eligible; and
(3) to ensure that the availability and use of the Gold
Star Installation Access Card does not adversely affect
military installation security.
(d) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the Secretaries concerned shall complete
implementation of this section.
(e) Gold Star Family Member Defined.--In this section, the term
``Gold Star family member'' means a person who has received a Gold Star
Lapel Button or a Lapel Button for the Next of Kin of Deceased Members
of the Armed Forces under section 1126 of title 10, United States Code.
SEC. 4. USE OF COMMISSARY STORES AND MWR RETAIL FACILITIES BY PARENTS
OF DECEASED MEMBERS OF THE ARMED FORCES.
(a) Use Authorized.--The Secretary of each military department and
the Secretary of the Department in which the Coast Guard is operating
shall prescribe such regulations as may be necessary to ensure that a
parent of a deceased member of the Armed Forces who receives a Gold
Star Lapel Button or a Lapel Button for the Next of Kin of Deceased
Members of the Armed Forces under section 1126 of title 10, United
States Code, is permitted to use commissary stores and MWR retail
facilities on the same basis as any surviving spouse or child of the
member.
(b) Definitions.--In this section:
(1) The term ``MWR retail facilities'' means exchange
stores and other revenue generating facilities operated by
nonappropriated fund activities of the Department of Defense or
the department in which the Coast Guard is operating for the
morale, welfare, and recreation of members of the Armed Forces.
(2) The term ``parent'' includes mother, father,
stepmother, stepfather, mother through adoption, father through
adoption, or foster parent who stood in loco parentis. | Gold Star Families Equality Act - Requires a lapel button to be designed to identify widows, parents, and next of kin of members of the Armed Forces who die, under circumstances not already prescribed for under existing eligibility standards for a gold star lapel button, while serving on active duty or while assigned to a reserve component in a drill status. Makes such next of kin button available retroactively to survivors of members of the Armed Forces who have died since September 10, 2001. Directs the Secretary of each military department and the Secretary of the department in which the Coast Guard is operating to provide for the issuance of a Gold Star Installation Access Card to family members with gold or next of kin buttons to expedite their ability to gain unescorted access to military installations for the purpose of obtaining on-base services and benefits. Requires regulations to be prescribed to permit parents (including stepparents, parents though adoption, or foster parents who stood in loco parentis) with such buttons to use commissary stores and other military retail facilities on the same basis as surviving spouses or children. | Gold Star Families Equality Act |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Animal Enterprise Protection Act of
1993''.
SEC. 2. FREEDOM OF ACCESS TO ANIMAL ENTERPRISES.
Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 248. Blocking access to animal enterprises
``(a) Prohibited Activities.--Whoever--
``(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is engaging in activities in an
animal enterprise; or
``(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility is in
part or in whole an animal enterprise;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section.
``(b) Penalties.--Whoever violates subsection (a) of this section
shall--
``(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
``(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
``(c) Civil Actions.--
``(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
``(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
``(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
``(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
``(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
``(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
``(f) Definitions.--As used in this section, the following
definitions apply:
``(1) Animal Enterprise.--The term ``animal enterprise''
means--
``(A) a commercial or academic enterprise that uses
animals for food or fiber production, agriculture,
research, or testing;
``(B) a zoo, aquarium, circus, rodeo, or lawful
competitive animal event; or
``(C) any fair or similar event intended to advance
agriculture.
``(2) Facility.--The term `facility' includes the building
or structure in which the facility is located.
``(3) Physical obstruction.--The term `physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
``(4) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(5) Intimidate.--The term `intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.
SEC. 3. EFFECTIVE DATE.
This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.
SEC. 4. CLERICAL AMENDMENT.
The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:
``248. Blocking access to animal enterprises.''. | Animal Enterprise Protection Act of 1993 - Amends the Federal criminal code to prohibit and set penalties for intentionally: (1) injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person is engaging in activities in an animal enterprise; or (2) damaging or destroying the property of a facility because that facility is in part or in whole such an enterprise.
Defines "animal enterprise" as a commercial or academic enterprise that uses animals for food or fiber production, agriculture, research, or testing; a zoo, aquarium, circus, rodeo, or lawful competitive animal event; or any fair or similar event intended to advance agriculture.
Provides for civil actions by aggrieved persons, the U.S. Attorney General, and State attorneys general.
Specifies that the Congress does not intend this Act to provide exclusive remedies with respect to the conduct prohibited by it, nor to preempt the legislation of States that may provide such remedies. | Animal Enterprise Protection Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2003''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act (42
U.S.C. 415(a)) is amended--
(1) in paragraph (4)(B)--
(A) by inserting ``(with or without the application
of paragraph (8))'' after ``would be made''; and
(B) in clause (i), by striking ``1984'' and
inserting ``1989''; and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual
becomes eligible for
The applicable
such benefits in:
percentage is:
1979............................... 55 percent
1980............................... 45 percent
1981............................... 35 percent
1982............................... 32 percent
1983............................... 25 percent
1984............................... 20 percent
1985............................... 16 percent
1986............................... 10 percent
1987............................... 3 percent
1988............................... 5 percent.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2003,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000,
in 4 annual lump sum installments of $1,250, the first of which
shall be made during fiscal year 2004 not later than July 1,
2004, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2003, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2004 not later than July 1, 2004, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2004.
(2) Recomputation to reflect benefit increases.--
Notwithstanding section 215(f)(1) of the Social Security Act,
the Commissioner of Social Security shall recompute the primary
insurance amount so as to take into account the amendments made
by this Act in any case in which--
(A) an individual is entitled to monthly insurance
benefits under title II of such Act for June 2004; and
(B) such benefits are based on a primary insurance
amount computed--
(i) under section 215 of such Act as in
effect (by reason of the Social Security
Amendments of 1977) after December 1978, or
(ii) under section 215 of such Act as in
effect prior to January 1979 by reason of
subsection (a)(4)(B) of such section (as
amended by the Social Security Amendments of
1977). | Notch Fairness Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979, and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977.
Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent and keyed to the year an individual became eligible for such benefits between 1979 and 1988.
Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000. | A bill to amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to chose either lump sum payments over four years totaling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefits computation rules enacted in the Social Security Amendments of 1977, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Restoration Act of 1996''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the National
Commission on Medicare Reform (referred to in this Act as the
``Commission'').
SEC. 3. FINDINGS.
The Congress finds that--
(1) the medicare program under title XVIII of the Social
Security Act provides essential health care insurance to this
Nation's senior citizens and to individuals with disabilities;
(2) the Federal Hospital Insurance Trust Fund will be
bankrupt in the year 2001, and faces even greater solvency
problems in the long-run with the aging of the baby boom
generation;
(3) the trustees of the trust funds of the medicare program
have reported that growth in spending within the Federal
Supplementary Medical Insurance Trust Fund is unsustainable;
and
(4) expeditious action is needed in order to restore the
fiscal health of the medicare program and to maintain this
Nation's commitment to senior citizens and to individuals with
disabilities.
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall--
(1) review relevant analyses of the current, short-term,
and long-term financial condition of the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund under title XVIII of the Social Security
Act;
(2) identify problems that threaten the solvency of such
trust funds;
(3) analyze potential solutions to such problems that will
both assure the financial integrity of the medicare program
under such title and the provision of appropriate benefits
under such program;
(4) make recommendations to restore the short-range and
long-range solvency of the Federal Hospital Insurance Trust
Fund, to provide for sustainable growth of the Supplementary
Medical Insurance Trust Fund, and on related matters as the
Commission deems appropriate; and
(5) review and analyze such other matters as the Commission
deems appropriate.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members, of whom--
(1) five shall be appointed by the President, of whom not
more than 3 shall be of the same political party;
(2) five shall be appointed by the Majority Leader of the
Senate, in consultation with the Minority Leader of the Senate,
of whom not more than 3 shall be of the same political party;
and
(3) five shall be appointed by the Speaker of the House of
Representatives, in consultation with the Minority Leader of
the House of Representatives, of whom not more than 3 shall be
of the same political party.
(b) Comptroller General.--The Comptroller General of the United
States shall advise the Commission on the methodology to be used in
identifying problems and analyzing potential solutions in accordance
with section 4.
(c) Term of Appointment.--The members shall serve on the Commission
for the life of the Commission.
(d) Meetings.--The Commission shall locate its headquarters in the
District of Columbia, and shall meet at the call of the Chairperson.
(e) Quorum.--Ten members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(f) Chairperson and Vice Chairperson.--Not later than 15 days after
all the members of the Commission are appointed, such members shall
designate a Chairperson and Vice Chairperson from among the members of
the Commission.
(g) Vacancies.--A vacancy on the Commission shall be filled in the
manner in which the original appointment was made not later than 30
days after the Commission is given notice of the vacancy.
(h) Compensation.--Members of the Commission shall receive no
additional pay, allowances, or benefits by reason of their service on
the Commission.
(i) Expenses.--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.
SEC. 6. STAFF AND SUPPORT SERVICES.
(a) Director.--
(1) Appointment.--Upon consultation with the members of the
Commission, the Chairperson shall appoint a Director of the
Commission.
(2) Compensation.--The Director shall be paid the rate of
basic pay for level V of the Executive Schedule.
(b) Staff.--With the approval of the Commission, the Director may
appoint such personnel as the Director considers appropriate.
(c) Applicability of Civil Service Laws.--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.
(d) Experts and Consultants.--With the approval of the Commission,
the Director may procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
(e) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal agency may detail any of the personnel of such
agency to the Commission to assist in carrying out the duties of the
Commission.
(f) Other Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other information from
the Library of Congress and agencies and elected representatives of the
executive and legislative branches of the Federal Government. The
Chairperson of the Commission shall make requests for such access in
writing when necessary.
(g) Physical Facilities.--The Administrator of the General Services
Administration shall locate suitable office space for the operation of
the Commission. 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.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings.--The Commission may conduct public hearings or forums
at the discretion of the Commission, at any time and place the
Commission is able to secure facilities and witnesses, for the purpose
of carrying out the duties of the Commission.
(b) Delegation of Authority.--Any member or agent of the Commission
may, if authorized by the Commission, take any action the Commission is
authorized to take by this section.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal agencies.
SEC. 8. REPORTS.
Not later than June 30, 1997, the Commission shall submit a report
to the President and to the Congress on the findings and conclusions of
the Commission.
SEC. 9. TERMINATION.
The Commission shall terminate on the date which is 30 days after
the date the Commission submits its report to the President and to the
Congress under section 8.
SEC. 10. FUNDING.
The Secretary of Health and Human Services shall provide to the
Commission, out of funds otherwise available to such Secretary, such
sums as are necessary to carry out the purposes of the Commission. | Medicare Restoration Act of 1996 - Establishes the National Commission on Medicare Reform to: (1) review relevant analyses of the current, short-term, and long-term financial condition of the Medicare trust funds; (2) identify problems that threaten their solvency; (3) analyze potential solutions to such problems that will both assure Medicare's financial integrity and the provision of appropriate benefits under it; (4) make recommendations to restore the solvency of the Federal Hospital Insurance Trust Fund and to provide for sustainable growth of the Supplementary Medical Insurance Trust Fund; and (5) review and analyze such other matters as the Commission deems appropriate.
Requires a report to the President and the Congress. Directs the Secretary of Health and Human Services to provide funding for the Commission. | Medicare Restoration Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trading With the Communist Chinese
Military Act of 1998''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress makes the following findings:
(1) The People's Liberation Army is the principal
instrument of repression within the People's Republic of China,
responsible for massacring an unknown number of students,
workers, and other demonstrators for democracy in Tiananmen
Square on June 4, 1989.
(2) The People's Liberation Army is responsible for
occupying Tibet since 1950 and implementing the official policy
of the People's Republic of China to eliminate the unique
cultural, linguistic, and religious heritage of the Tibetan
people.
(3) The People's Liberation Army has operational control of
the People's Armed Police, an internal security force of over
1,000,000 troops, whose primary purpose is to suppress the
legitimate protests of Chinese workers.
(4) The People's Liberation Army is engaged in a massive
effort to modernize its military capabilities.
(5) The People's Liberation Army owns and operates hundreds
of companies and thousands of factories the profits from which
in some measure are used to support military activities.
(6) Companies owned by the People's Liberation Army and the
People's Armed Police export to the United States such products
as toys, clothing, frozen fish, lighting fixtures, garlic,
glassware, yarn, footwear, chemicals, machinery, metal
products, furniture, decorations, gloves, tents, and tools.
(7) Companies owned by the People's Liberation Army and
People's Armed Police regularly solicit investment in joint
ventures with United States companies.
(8) The People's Liberation Army and People's Armed Police
have established in the United States over the past decade at
least 23 different companies.
(9) The people of the United States are unaware that
certain products they are purchasing in retail stores are
produced by companies owned and operated by the People's
Liberation Army or the People's Armed Police of China.
(10) The purchase of these products by American consumers
places them in the position of unwittingly subsidizing the
operations of the People's Liberation Army and the People's
Armed Police.
(11) The Government of the People's Republic of China, with
the assistance of the People's Liberation Army and the People's
Armed Police, continues to deny its citizens basic human rights
enumerated in the Universal Declaration of Human Rights, persecutes
those who seek to freely practice their religion, and denies workers
the right to establish free and independent trade unions.
(b) Policy.--It is the policy of the United States to prohibit any
entity owned, operated, or controlled by the People's Liberation Army
of China or the People's Armed Police of China from operating in the
United States or conducting certain business with persons subject to
the jurisdiction of the United States.
SEC. 3. DETERMINATION OF COMMUNIST CHINESE MILITARY COMPANIES.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of the Treasury, the Attorney General, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation, shall compile a list of persons who are Communist
Chinese military companies and who are operating directly or indirectly
in the United States or any of its territories and possessions, and
shall publish the list of such persons in the Federal Register. Every 6
months, the Secretary of Defense, in consultation with the Secretary of
the Treasury, the Attorney General, the Director of Central
Intelligence, and the Director of the Federal Bureau of Investigation,
shall make such additions to or deletions from the list as are
necessary, based on the latest information available.
(b) Communist Chinese Military Company.--For purposes of making the
determination required by subsection (a), the term ``Communist Chinese
military company''--
(1) means a person that is--
(A) engaged in providing commercial services,
manufacturing, producing, or exporting; and
(B) owned, operated, or controlled by the People's
Liberation Army of China or the People's Armed Police
of China; and
(2) includes, but is not limited to, any person identified
in the United States Defense Intelligence Agency publication
numbered VP-1920-271-90, dated September 1990, or PC-1921-57-
95, dated October 1995, and any updates of such report under
subsection (c).
(c) Updating of Reports.--The United States Defense Intelligence
Agency shall update the report described in subsection (b)(2) by not
later than 90 days after the date of the enactment of this Act and not
later than every 6 months thereafter, for purposes of identifying
Communist Chinese military companies.
SEC. 4. PROHIBITIONS.
(a) Officers, Directors, etc.--It shall be unlawful for any person
to serve as an officer, director, or other manager of any office or
business anywhere in the United States or its territories or
possessions that is owned, operated, or controlled by a Communist
Chinese military company.
(b) Divestiture.--The President shall by regulation require the
closing and divestiture of any office or business in the United States
or its territories or possessions that is owned, operated, or
controlled by a Communist Chinese military company.
(c) Importation.--No goods or services that are the growth,
product, or manufacture of a Communist Chinese military company may
enter the customs territory of the United States.
(d) Contracts, Loans, Ownership Interests.--It shall be unlawful
for any person subject to the jurisdiction of the United States
knowingly--
(1) to make any loan or other extension of credit to any
Communist Chinese military company; or
(2) to acquire an ownership interest in any Communist
Chinese military company.
(e) Exports.--It shall be unlawful for any person subject to the
jurisdiction of the United States to export any item on the United
States Munitions List to a Communist Chinese military company.
(f) Exception For Humanitarian Items.--Subsections (a) through (e)
shall not apply with respect to a transaction if the President
determines that the transaction involves the transfer of food,
clothing, medicine, or emergency supplies intended to relieve human
suffering, and the President transmits that determination to the
Congress.
SEC. 5. REGULATORY AUTHORITY.
The President shall issue such regulations as are necessary to
carry out this Act.
SEC. 6. PENALTIES.
Any person who knowingly violates section 4 or any regulation
issued thereunder--
(1) in the case of the first offense, shall be fined not
more the $100,000, or imprisoned not more than 1 year, or both;
and
(2) in the case of any subsequent offense, shall be fined
not more than $1,000,000, or imprisoned not more than 4 years,
or both.
SEC. 7. DEFINITION.
For purposes of this Act--
(1) the term ``People's Liberation Army'' means the land,
naval, and air military services and the military intelligence
services of the Communist Government of the People's Republic
of China, and any member of any such service; and
(2) the term ``People's Armed Police'' means the
paramilitary service of the Communist Government of the
People's Republic of China, whether or not such service is
subject to the control of the People's Liberation Army, the
Public Security Bureau of that government, or any other
governmental entity of the People's Republic of China. | Trading With the Communist Chinese Military Act of 1998 - Directs the Secretary of Defense to compile, publish, and update continuously a list of Communist Chinese military companies owned or controlled by the People's Liberation Army and operating directly or indirectly in the United States or any of its territories and possessions.
Makes it unlawful for any person to serve as an officer, director, or other manager of any office or business in the United States or its territories or possessions that is owned, operated, or controlled by a Communist Chinese military company. Directs the President by regulation to require the closing and divestiture of such offices and businesses.
Prohibits the importation into the United States of goods or services that are the growth, product, or manufacture of a Communist Chinese military company.
Makes it unlawful for any U.S. person to: (1) make a loan or extend credit to any Communist Chinese military company; (2) acquire an ownership interest in such a company; or (3) export to such a company any item on the U.S. Munitions List.
Exempts from the application of this Act any transaction which the President determines (and reports to the Congress) to involve the transfer of food, clothing, medicine, or emergency supplies intended to relieve human suffering.
Sets forth penalties for violations of this Act. | Trading With the Communist Chinese Military Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Civil Rights and
Civil Liberties Protection Act of 2004''.
SEC. 2. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
111(b)(1)) is amended--
(1) in subparagraph (F), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following:
``(G) ensure that the civil rights and civil
liberties of persons are not diminished by efforts,
activities, and programs aimed at securing the
homeland; and''.
SEC. 3. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``report directly to the Secretary and shall'' after ``who
shall'';
(2) in paragraph (1)-
(A) by striking ``alleging'' and inserting
``concerning'';
(B) by striking ``racial and ethnic'';
(C) by inserting ``on the basis of race, ethnicity,
or religion,'' after ``profiling''; and
(D) by striking ``and'' after the semicolon at the
end;
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) assist the Secretary, directorates, and offices of
the Department to develop, implement, and periodically review
Department policies and procedures to ensure that the
protection of civil rights and civil liberties is appropriately
incorporated into Department programs and activities;
``(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the
civil rights and civil liberties of individuals affected by the
programs and activities of the Department;
``(5) coordinate with the official appointed under section
222 to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) the Congress receives appropriate reports
regarding such programs, policies, and procedures; and
``(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless the
Inspector General of the Department determines that any such
complaint or information should be investigated by the
Inspector General.''.
SEC. 4. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
(a) Designation and Functions of Senior Official.--The Homeland
Security Act of 2002 (Public Law 107-296) is amended by inserting after
section 812 the following:
``SEC. 813. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF
INSPECTOR GENERAL.
``(a) Designation of Senior Official.--The Inspector General of the
Department of Homeland Security shall designate a senior official
within the Office of Inspector General who is a career member of the
civil service at the equivalent to the GS-15 level or a career member
of the Senior Executive Service, to perform the functions described in
subsection (b).
``(b) Functions.--The senior official designated under subsection
(a) shall---
``(1) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil
rights or civil liberties;
``(2) receive and review complaints and information from
any source alleging abuses of civil rights and civil liberties
by employees or officials of the Department of Homeland
Security or by employees or officials of independent
contractors or grantees of the Department;
``(3) initiate investigations of alleged abuses of civil
rights or civil liberties by employees or officials of the
Department of Homeland Security or by employees or officials of
independent contractors or grantees of the Department;
``(4) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civil
rights and civil liberties investigations;
``(5) consult with the Officer for Civil Rights and Civil
Liberties of the Department of Homeland Security regarding--
``(A) alleged abuses of civil rights or civil
liberties; and
``(B) any policy recommendations regarding civil
rights and civil liberties that may be founded upon an
investigation by the Office of Inspector General;
``(6) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of
investigations of alleged abuses of civil rights and civil
liberties;
``(7) refer civil rights and civil liberties matters that
the Inspector General decides not to investigate to the Officer
for Civil Rights and Civil Liberties;
``(8) ensure that the Office of the Inspector General
publicizes and provides convenient public access to information
regarding--
``(A) the procedure to file complaints or comments
concerning civil rights and civil liberties matters;
and
``(B) the status of investigations initiated in
response to public complaints; and
``(9) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies within
the Department relating to civil rights or civil liberties.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 812
the following:
``Sec. 813. Protection of civil rights and civil liberties by Office of
Inspector General.''.
SEC. 5. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) in the matter preceding paragraph (1), by inserting ``,
who shall report directly to the Secretary,'' after ``in the
Department'';
(2) in paragraph (4), by striking ``and'' after the
semicolon at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
``(5) coordinating with the Officer for Civil Rights and
Civil Liberties to ensure that--
``(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy
considerations are addressed in an integrated and
comprehensive manner; and
``(B) the Congress receives appropriate reports on
such programs, policies, and procedures; and''. | Homeland Security Civil Rights and Civil Liberties Protection Act of 2004 - Amends the Homeland Security Act of 2002 to include within the primary mission of the Department of Homeland Security (DHS) to ensure that civil rights are not diminished by efforts aimed at securing the homeland.
Requires DHS's Officer for Civil Rights and Civil Liberties to report directly to the Secretary of DHS. Includes among the Officer's responsibilities to: (1) assist the Secretary, directorates, and offices of DHS to develop, implement, and periodically review DHS policies and procedures to ensure that the protection of civil rights is appropriately incorporated into DHS programs and activities; (2) oversee compliance with requirements relating to civil rights; (3) coordinate with the DHS Privacy Officer; and (4) investigate complaints and information indicating possible abuses of civil rights unless the DHS Inspector General (IG) determines that such complaints or information should be investigated by the IG.
Directs the IG to designate a senior official within the IG's Office to perform specified functions, including initiating investigations of alleged abuses by DHS employees, officials, contractors, or grantees.
Requires the Privacy Officer to report directly to the Secretary. Makes the Privacy Officer responsible for coordinating with the Officer for Civil Rights and Civil Liberties to ensure that programs, policies, and procedures involving civil rights and privacy are addressed in a comprehensive manner and that Congress receives appropriate reports. | To amend the Homeland Security Act of 2002 to clarify the mission and responsibilities of the Department of Homeland Security with respect to the protection of civil rights and civil liberties, and for other purposes. |
SECTION 1. SPECIAL DEPRECIATION ALLOWANCE AND RECOVERY PERIOD FOR
NONCOMMERCIAL AIRCRAFT PROPERTY.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(o) Special Allowance for Noncommercial Airplanes.--
``(1) Additional allowance.--
``(A) In general.--In the case of any qualified
noncommercial aircraft to which this subparagraph
applies--
``(i) the depreciation deduction provided
by section 167(a) for the taxable year in which
such property is placed in service shall
include an allowance equal to 50 percent of the
adjusted basis of the qualified noncommercial
aircraft property, and
``(ii) the adjusted basis of the qualified
noncommercial aircraft property shall be
reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for
such taxable year and any subsequent taxable
year.
``(B) Application to aircraft purchased in 2010 or
2011.--Subparagraph (A) applies to qualified
noncommercial aircraft property placed in service after
December 31, 2009, and before January 1, 2012, which
is--
``(i) acquired by the taxpayer after
December 31, 2009, and before January 1, 2012,
but only if no written binding contract for the
acquisition was in effect before January 1,
2010, or
``(ii) acquired by the taxpayer pursuant to
a written binding contract which was entered
into after December 31, 2009, and before
January 1, 2012, and
``(2) Recovery period.--For purposes of this section--
``(A) In general.--Qualified noncommercial aircraft
to which this subparagraph applies shall be treated as
3-year property.
``(B) Application to aircraft purchased before
2015.--Subparagraph (A) applies to qualified
noncommercial aircraft placed in service after the date
of the enactment of this subsection and before January
1, 2015, which is--
``(i) acquired by the taxpayer after the
date of the enactment of this subsection and
before January 1, 2015, but only if no written
binding contract for the acquisition was in
effect before such date of the enactment, or
``(ii) acquired by the taxpayer pursuant to
a written binding contract which was entered
into after December 31, 2008, and before
January 1, 2015, and
``(3) Qualified noncommercial aircraft property.--For
purposes of this subsection--
``(A) In general.--The term `qualified
noncommercial aircraft property' means any aircraft--
``(i) which is not used in the trade or
business of transporting persons or property,
``(ii) to which this section applies, and
``(iii) the original use of which commences
with the taxpayer after--
``(I) December 31, 2009, for
purposes of paragraph (1), and
``(II) the date of the enactment of
this subsection for purposes of
paragraph (2).
``(B) Exceptions.--
``(i) Bonus depreciation property under
subsection (k).--The term `qualified
noncommercial aircraft property' shall not
include any property to which subsection (k)(1)
applies.
``(ii) Alternative depreciation property.--
The term `qualified noncommercial aircraft
property' shall not include any property to
which the alternative depreciation system under
subsection (g) applies, determined--
``(I) without regard to paragraph
(7) of subsection (g) (relating to
election to have system apply), and
``(II) after application of section
280F(b) (relating to listed property
with limited business use).
``(iii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(C) Special rule for self-constructed property.--
In the case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own use, if
the taxpayer begins manufacturing, constructing, or
producing the property--
``(i) after December 31, 2009, and before
January 1, 2012, for purposes of paragraph (1),
and
``(ii) after the date of the enactment of
this subsection and before January 1, 2015, for
purposes of paragraph (2),
the requirements of paragraph (1)(B) or (2)(B) (as the
case may be) shall be treated as met.
``(D) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under subsection
(a) for qualified noncommercial aircraft property shall
be determined under this section without regard to any
adjustment under section 56.''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date. | Amends the Internal Revenue Code to allow: (1) increased depreciation of qualified noncommercial aircraft property placed in service in 2010 or 2011; and (2) a three-year recovery period for the depreciation of such property placed in service before 2015. Defines "qualified noncommercial aircraft property" as any aircraft that is not used in the trade or business of transporting persons or property and that is first used after 2009. Allows such increased depreciation as an offset against the alternative minimum tax. | To amend the Internal Revenue Code of 1986 to provide a special depreciation allowance and recovery period for noncommercial aircraft property. |
SYSTEM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of the Treasury shall modify the
Employee Plans Compliance Resolution System (as described in Revenue
Procedure 2013-12) to achieve the results specified in the succeeding
subsections of this section and to further facilitate corrections and
compliance in such other means as the Secretary deems appropriate.
(b) Loan Error.--
(1) In the case of plan loan errors for which corrections
are specified under the voluntary compliance program, self-
correction shall be made available by methods applicable to
such loans through the voluntary compliance program.
(2) The Secretary of Labor shall treat any loan error
corrected pursuant to paragraph (1) as meeting the requirements
of the Voluntary Fiduciary Correction Program of the Department
of Labor.
(c) 457(b) Plan Correction.--The Secretary of the Treasury shall
update the Employee Plans Compliance Resolution System to provide the
same type of comprehensive correction program that is available under
such system to retirement plans qualified under section 401(a) of the
Internal Revenue Code of 1986 to plans maintained pursuant to section
457(b) of such Code by an employer described in section 457(e)(1)(A) of
such Code.
(d) EPCRS for IRAs.--The Secretary of the Treasury shall expand the
Employee Plans Compliance Resolution System to allow custodians of
individual retirement plans to address inadvertent errors for which the
owner of an individual retirement plan was not at fault, including (but
not limited to)--
(1) waivers of the excise tax that would otherwise apply
under section 4974 of the Internal Revenue Code of 1986,
(2) under the self-correction component of the Employee
Plans Compliance Resolution System, waivers of the 60-day
deadline for a rollover where the deadline is missed for
reasons beyond the reasonable control of the account owner, and
(3) rules permitting a nonspouse beneficiary to return
distributions to an inherited individual retirement plan
described in section 408(d)(3)(C) of the Internal Revenue Code
of 1986 in a case where, due to an inadvertent error by a
service provider, the beneficiary had reason to believe that
the distribution could be rolled over without inclusion in
income of any part of the distributed amount.
(e) Required Minimum Distribution Corrections.--The Secretary of
the Treasury shall expand the Employee Plans Compliance Resolution
System to allow plans to which such system applies and custodians of
individual retirement plans to self-correct, without an excise tax, any
inadvertent errors pursuant to which a distribution is made no more
than 180 days after it was required to be made.
(f) Automatic Feature Error Correction.--In order to promote the
adoption of automatic enrollment and automatic escalation, the
Secretary of the Treasury shall modify the Employee Plans Compliance
Resolution System to establish specific correction methods for errors
in implementing automatic enrollment and automatic escalation features.
Subtitle D--Modifications to the Employee Retirement Income Security
Act of 1974
SEC. 241. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
(a) Amendment to Employee Retirement Income Security Act of 1974.--
Part 1 of subtitle B of title 1 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at
the end the following new section:
``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION.
``Any document that is required or permitted under this title to be
furnished to a plan participant, beneficiary, or other individual with
respect to a pension plan may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in access to the
document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual, and
``(B) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits;
``(2) the participant or beneficiary has not elected to
receive a paper version of such document;
``(3) notice is provided to each participant or
beneficiary, in electronic or non-electronic form, before a
document is furnished electronically, that apprises the
individual of the right to elect to receive a paper version of
such document; and
``(4) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document; and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this section, the term `document' includes reports,
statements, notices, notifications, and other information.''.
(b) Amendment to Internal Revenue Code of 1986.--Section 414 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(y) Electronic Communication of Pension Plan Information.--Any
document that is required or permitted under this title to be furnished
to a plan participant, beneficiary, or other individual with respect to
a pension plan may be furnished in electronic form if--
``(1) the system for furnishing such a document--
``(A) is designed to result in access to the
document by the participant, beneficiary, or other
specified individual through electronic means,
including--
``(i) the direct delivery of material to an
electronic address of such participant,
beneficiary, or individual,
``(ii) the posting of material to a website
or other internet or electronic-based
information repository to which access has been
granted to such participant, beneficiary, or
individual, but only if proper notice of the
posting has been provided (which may include
notice furnished by other electronic means if
the content of the notice conveys the need to
take action to access the posted material), and
``(iii) other electronic means reasonably
calculated to ensure actual receipt of the
material by such participant, beneficiary, or
individual, and
``(B) protects the confidentiality of personal
information relating to such participant's,
beneficiary's, or individual's accounts and benefits;
``(2) the participant or beneficiary has not elected to
receive a paper version of such document;
``(3) notice is provided to each participant or
beneficiary, in electronic or non-electronic form, before a
document is furnished electronically, that apprises the
individual of the right to elect to receive a paper version of
such document; and
``(4) the electronically furnished document--
``(A) is prepared and furnished in a manner that is
consistent with the style, format, and content
requirements applicable to the particular document; and
``(B) includes a notice that apprises the
individual of the significance of the document when it
is not otherwise reasonably evident as transmitted.
For purposes of this subsection, the term `document' includes reports,
statements, notices, notifications, and other information.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to documents furnished with respect to plan years
beginning after December 31, 2013.
SEC. 242. MODIFICATION OF DEADLINES FOR SUMMARY PLAN DESCRIPTION
UPDATES.
(a) In General.--Paragraph (1) of section 104(b) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1024(b)(1)) is
amended to read as follows:
``(1)(A) The administrator shall furnish to each participant, and
each beneficiary receiving benefits under the plan, a copy of the
summary plan description, and all modifications and changes referred to
in section 102(a)--
``(i) within 90 days after becoming a participant, or in
the case of a beneficiary, within 90 days after first receiving
benefits, or
``(ii) if later, within 120 days after the plan becomes
subject to this part.
``(B)(i) Except as provided in clause (ii), the administrator shall
furnish to each participant, and each beneficiary receiving benefits
under the plan, every fifth year after the plan becomes subject to this
part an updated summary plan description described in section 102 which
integrates all plan amendments made within such five-year period,
except that in a case where no amendments have been made to a plan
during such five-year period, this sentence shall not apply.
Notwithstanding the foregoing, the administrator shall furnish to each
participant, and to each beneficiary receiving benefits under the plan,
the summary plan description described in section 102 every tenth year
after the plan becomes subject to this part.
``(ii) In the case of a pension plan, the administrator shall
furnish to each participant, and each beneficiary receiving benefits
under the plan, 210 days after the end of each remedial plan review
period, an updated summary plan description described in section 102
which integrates all plan amendments made during such period, except
that if no amendments have been made to a plan during such period, an
updated summary plan description shall be furnished not later than 210
days after the end of the subsequent remedial plan review period
(without regard to whether plan amendments were made during such
subsequent period).
``(C)(i) If there is a modification or change described in section
102(a) (other than a material reduction in covered services or benefits
provided in the case of a group health plan (as defined in section
733(a)(1))), a summary description of such modification or change shall
be furnished not later than 210 days after the end of the plan year in
which the change is adopted to each participant, and to each
beneficiary who is receiving benefits under the plan.
``(ii) For purposes of clause (i), any amendment to a pension plan
adopted during a remedial plan review period shall be treated as
adopted in the plan year in which the amendment took effect.
``(D) If there is a modification or change described in section
102(a) that is a material reduction in covered services or benefits
provided under a group health plan (as defined in section 733(a)(1)), a
summary description of such modification or change shall be furnished
to participants and beneficiaries not later than 60 days after the date
of the adoption of the modification or change. In the alternative, the
plan sponsors may provide such description at regular intervals of not
more than 90 days.
``(E) In this paragraph, the term `remedial plan review period'
means, with respect to any pension plan, the period established by the
Secretary of the Treasury under the authority of subsection (b) of
section 401 of the Internal Revenue Code of 1986 as the regular cycle
of review by the Secretary of the Treasury for determining whether the
pension plan continues to meet the requirements of such Code for
treatment as a qualified plan under subsection (a) of such section
401.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to summary plan descriptions furnished under section
104(b) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1024(b)), and modifications or changes described in section
102(a) of such Act (29 U.S.C. 1022(a)), with respect to plan years
beginning after December 31, 2013.
SEC. 243. MODIFICATION OF SMALL PLAN SIMPLIFIED REPORTING REQUIREMENTS.
(a) In General.--Section 104(a)(2) of the Employee Retirement
Income Security Act of 1974, as amended by section 201(c) of this Act,
is amended by striking ``100 participants'' and inserting ``100
participants who have an accrued benefit under the plan''.
(b) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2013.
SEC. 244. FIDUCIARY REQUIREMENT REGARDING SELECTION OF ANNUITY PROVIDER
AND ANNUITY CONTRACT.
(a) In General.--Section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end
the following:
``(e) Ability of Annuity Providers To Make Payments.--In the case
of the selection of an annuity provider and annuity contract in
connection with the payment of benefits under a defined contribution
plan, the fiduciary requirement under subsection (a)(1)(B) is deemed
satisfied with respect to determining the ability of the annuity
provider to make all payments due under the contract to the extent that
such payments are guaranteed by a State guaranty association under
applicable State law in effect as of the date of issuance of the
contract.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to annuity contracts purchased after the date of enactment of
this Act.
TITLE III--INDIVIDUAL RETIREMENT INVESTMENT ADVICE REFORM
SEC. 301. TRANSFER TO SECRETARY OF THE TREASURY OF AUTHORITIES
REGARDING INDIVIDUAL RETIREMENT PLANS.
(a) In General.--Section 102 of Reorganization Plan No. 4 of 1978
(ratified and affirmed as law by Public Law 98-532 (98 Stat. 2705)) is
amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of clause (ii),
(B) by striking ``and'' at the end of clause (iii),
and
(C) by inserting ``(iv) regulations, rulings,
opinions, and exemptions relating to individual
retirement accounts described in section 408(a) of the
Code and individual retirement annuities described in
section 408(b) of the Code, including simplified
employee pensions under section 408(k) of the Code and
simple retirement accounts under section 408(p) of the
Code; and (v) regulations described in section 103(b)
of this Plan; and'' at the end of clause (iii) (as
amended by subparagraph (B)), and
(2) by adding at the end the following new flush sentence:
``The Secretary of the Treasury shall consult with the Securities and
Exchange Commission in prescribing regulations, rulings, opinions, and
exemptions under subsection (a)(iv) that provide guidance of general
application as to the professional standards of care (whether involving
fiduciary, suitability, or other standards) owed by brokers and
investment advisors to owners and account holders of accounts and
annuities described in such subsection.''.
(b) Joint Authority.--Section 103 of such Plan is amended--
(1) by striking ``In the case of'' and inserting:
``(a) In the case of''; and
(2) by adding at the end:
``(b)(1) The Secretary of the Treasury and the Secretary of Labor
shall have joint authority to issue regulations described in this
subsection, and any such regulations shall be issued jointly by such
Secretaries.
``(2) A regulation is described in this subsection if (i) the
regulation is not described in clause (i), (ii), (iii), or (iv) of
section 102(a) of this Plan and (ii) defines or interprets a term or
requirement that is included in section 4975 of the Code or section 406
of ERISA. The determination of whether any regulation is described in
this subsection shall be made without regard to whether any such term
or requirement is also used or defined in any other provision of the
Code or ERISA.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to regulations, rulings, opinions, and exemptions which
have not been finalized as of July 8, 2013.
(2) Transition.--Any final regulation, ruling, opinion, or
exemption described in section 102(a)(iv) or 103(b) of
Reorganization Plan No. 4 of 1978 (as added by the amendments
made by this section) which was issued by the Secretary of
Labor before July 9, 2013, shall apply until such time as such
regulation, ruling, opinion, or exemption is revoked or
modified pursuant to such amendments. | Secure Annuities for Employee Retirement Act of 2013 or the SAFE Retirement Act of 2013 - Title I: Public Pension Reform - Amends the Internal Revenue Code to provide for annuity accumulation retirement plans for state and local government employees beginning after 2014. Directs the Comptroller General (GOA) to conduct a study of federal employee pension plans. Title II: Private Pension Reform - Subtitle A: Enhanced Pension Plan Coverage - Amends the Internal Revenue Code, with respect to 401(k) plans, to allow employers who do not maintain a qualified retirement plan to establish a starter 401(k) deferral-only arrangement. Allows contributions to such arrangements of up to $8,000 per year and catch-up contributions for individuals age 50 and older. Increases from $500 to $5,000 the cap on the tax credit for the pension start-up costs of small employers. Allows employers to replace certain pension plans with safe harbor 401(k) plans. Eliminates the 10% cap on contributions to automatic 401(k) plans. Revises rules relating to the election of safe harbor 401(k) status and multiple employer defined contributions. Subtitle B: Pension Plan and Retirement Savings Simplification - Revises rules relating to pension plan amendments, discrimination testing, restrictions on hardship distributions, rollovers, forfeitures, notice requirements for new plan participants, and plan terminations. Terminates rules relating to top-heavy pension plans (plans that have a higher concentration of accrued benefits for key employees) for plan years beginning after December 31, 2013. Allows a new tax credit for contributions to a secure deferral arrangement. Subtitle C: Longevity Reforms - Modifies minimum distribution requirements to allow 25% of the account balance for the purchase of a deferred joint and survivor life annuity. Requires the annuity to be purchased on or before the date of the plan participant's initial required minimum distributions. Prohibits any deferral period from extending beyond the date the participant attains age 85. Requires the Secretary of the Treasury to update or provide new mortality tables for purposes of determining a plan participant's minimum required distribution. Requires a new update every five years. Allows plan participants to convert their required minimum distribution into a Roth individual retirement account (Roth IRA). Allows a plan sponsor to transfer responsibility for the administration of the joint and survivor annuity rules to the annuity provider. Requires the Secretary to modify the Employee Plans Compliance Resolution System to allow for the correction of loan errors and inadvertent errors in retirement plans, IRAs, and required minimum distribution requirements. Subtitle D: Modifications to the Employee Retirement Income Security Act of 1974 - Amends the Employee Retirement and Income Security Act of 1974 (ERISA) and the Internal Revenue Code to: (1) authorize all documents required or permitted to be furnished to a plan participant to be furnished in electronic form unless the plan participant has elected to receive paper documents; (2) modify the deadline for summary plan description updates; (3) make the annual audit requirement applicable to 100 participants who have an accrued benefit under the plan (currently, 100 participants); and (4) deem the fiduciary duty in selecting an annuity provider and annuity contract in connection with the payment of benefits under a defined contribution plan satisfied to the extent that the contracts are guaranteed by a state guaranty association. Title III: Individual Retirement Investment Advice Reform - Transfers authority to the Secretary of the Treasury for the enforcement of prohibited transaction rules for individual retirement accounts (IRAs). Requires the Secretary to consult with the Securities and Exchange Commission (SEC) in prescribing rules relating to the professional standards of care owed by brokers and investment advisors to holders of IRA accounts and annuities. Provides for the joint issuance of regulations for prohibited transaction rules applicable to employer-sponsored retirement plans by the Secretary of the Treasury and the Secretary of Labor. | SAFE Retirement Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jessica Kensky and Patrick Downes
Act''.
SEC. 2. PROVISION OF HEALTH CARE UNDER SECRETARIAL DESIGNEE PROGRAM OF
DEPARTMENT OF DEFENSE FOR TRAUMATIC INJURIES SUFFERED BY
VICTIMS OF TERRORISM.
(a) Sense of Congress.--It is the sense of Congress that--
(1) victims of acts of terror in the United States deserve
the best available medical treatment;
(2) military treatment facilities possess the vital
expertise and experience to provide unique care for victims of
acts of terror who incur blast and other injuries that result
in amputations and limb salvage procedures;
(3) the Secretarial Designee Program of the Department of
Defense conducted under section 1074(c) of title 10, United
States Code, should be expanded to provide expert care in a
timely manner to victims of acts of terror;
(4) the expansion of such program will not only benefit
victims, but also provide military treatment facilities such as
Walter Reed National Military Medical Center and the Uniformed
Services University of the Health Sciences with the ability to
provide ongoing education and training opportunities to mentor
the next generation of health care providers that will provide
care for members of the Armed Forces; and
(5) care for victims of acts of terror should be provided
under the policies of the Department in effect as of the date
of the enactment of this Act that provide space at military
treatment facilities to civilians on a space available and
fully reimbursable basis.
(b) Expansion of Secretarial Designee Program of Department of
Defense.--
(1) Expansion of program.--
(A) In general.--The Secretary of Defense shall
expand eligibility for the Secretarial Designee Program
of the Department of Defense conducted under section
1074(c) of title 10, United States Code, to include the
provision of health care at military treatment
facilities for--
(i) victims of acts of terror that occur in
the United States; and
(ii) residents of the United States who are
victims of acts of terror outside the United
States.
(B) Eligibility status.--Individuals who become
eligible for the Secretarial Designee Program pursuant
to subparagraph (A) shall remain eligible for such
program on a space available and fully reimbursable
basis in accordance with the policy of the Department
of Defense governing such program in effect as of the
date of the enactment of this Act.
(C) Expedited status.--
(i) In general.--The Secretary may provide
expedited eligibility for the Secretarial
Designee Program pursuant to subparagraph (A)
if the Secretary determines that the injuries
of the individual are severe enough to warrant
such expedited eligibility.
(ii) Evaluation.--In making a determination
under clause (i), the Secretary shall evaluate
victims described in clause (i) or (ii) of
subparagraph (A) who require critical care.
(D) Release to private sector health care
provider.--The Secretary may not release an individual
who is receiving care under the Secretarial Designee
Program pursuant to subparagraph (A) to a health care
provider in the private sector until a comprehensive
treatment plan is communicated to the individual and
the health care provider.
(2) Procedures after acts of terror.--Not later than 270
days after the date of the enactment of this Act, the Secretary
of Defense shall, in consultation with the Secretary of
Homeland Security and the heads of such other Federal agencies
as the Secretary of Defense considers appropriate, establish
procedures to implement paragraph (1), which shall include the
following:
(A) Procedures for the conduct of timely outreach
and communication to local medical facilities after an
act of terror in the United States.
(B) Procedures to promptly contact, coordinate, and
provide medical expertise to local medical facilities
that are treating victims of an act of terror that
caused blast related injuries and other serious
injuries.
(C) Procedures for the provision of medical
evaluations for victims of an act of terror who were
exposed to blast and other types of injuries. | Jessica Kensky and Patrick Downes Act This bill requires the Department of Defense (DOD) to expand eligibility for its Secretarial Designee Program to include the provision of health care at military treatment facilities for: (1) victims of acts of terror that occur in the United States, and (2) U.S. residents who are victims of acts of terror outside the United States. Individuals who become eligible for the program shall remain eligible on a space available and fully reimbursable basis in accordance with DOD policy governing such program. DOD may provide expedited program eligibility to individuals with severe injuries. DOD may not release an individual who is receiving care under the program to a health care provider in the private sector until a comprehensive treatment plan is communicated to the individual and such provider. DOD shall establish procedures to implement such program expansion, which shall include procedures for: conducting timely outreach and communication to local medical facilities after an act of terror in the United States; promptly contacting, coordinating, and providing medical expertise to such facilities that are treating serious injuries; and providing medical evaluations for victims who were exposed to blast and other types of injuries. | Jessica Kensky and Patrick Downes Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Equity Act of 1999''.
SEC. 2. ELIMINATION OF AUTOMATIC 15 PERCENT REDUCTION IN HOME HEALTH
PAYMENTS.
(a) In General.--
(1) Contingency reduction.--Section 4603 of the Balanced
Budget Act of 1997 (Public Law 105-33) (42 U.S.C. 1395fff
note), as amended by section 5101(c)(3) of the Tax and Trade
Relief Extension Act of 1998 (contained in Division J of Public
Law 105-277), is amended by striking subsection (e).
(2) Prospective payment system.--Section 1895(b)(3)(A) of
the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)) is
amended--
(A) by striking ``Initial basis.--'' and all that
follows through ``Under such system'', and inserting
``Initial basis.--Under such system'';
(B) in clause (i), by striking ``but if the
reduction in limits described in clause (ii) had been
in effect''; and
(C) by striking clause (ii).
SEC. 3. OUTLIER PAYMENTS.
(a) Waiver of Per Beneficiary Limits for Outliers.--
(1) In general.--Section 1861(v)(1)(L) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section
5101(a) of the Tax and Trade Relief Extension Act of 1998
(contained in Division J of Public Law 105-277) is amended--
(A) by redesignating clause (ix) as clause (x); and
(B) by inserting after clause (viii) the following:
``(ix)(I) Notwithstanding the applicable per beneficiary limit
under clause (v), (vi), or (viii), but subject to the applicable per
visit limit under clause (i), in the case of a provider that
demonstrates to the Secretary that with respect to an individual to
whom the provider furnished home health services appropriate to the
individual's condition (as determined by the Secretary) at a reasonable
cost (as determined by the Secretary), and that such reasonable cost
significantly exceeded such applicable per beneficiary limit because of
unusual variations in the type or amount of medically necessary care
required to treat the individual, the Secretary, upon application by
the provider, shall pay to such provider for such individual such
reasonable cost.
``(II)(aa) The Secretary shall establish such criteria as is
required for payment under this clause, including a description of the
type of individual, condition, unusual variations, and home health
service that qualifies for such payment.
``(bb) In establishing criteria under item (aa), the Secretary
shall consider the information gathered in order to establish case mix
adjustment factors under section 1895(b)(4)(B) and any available
Outcomes and Assessment Information Set (OASIS) case mix data.
``(III) In making determinations under subclause (I), the Secretary
shall use data from the cost report, or from other data collected by
the Secretary, of the provider for such year.
``(IV) A provider may make an application for payment under this
clause for a fiscal year no earlier than the end of the cost reporting
period beginning in such fiscal year.
``(V) The total amount of the additional payments made to home
health agencies pursuant to subclause (I) in any fiscal year shall not
be less than an amount equal to 3 percent of the amounts that would
have been paid under this subparagraph in such year if this clause had
not been enacted and shall not exceed 4 percent of such amounts.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act, and apply with
respect to each application for payment of reasonable costs for
outliers submitted by any home health agency for cost reporting periods
ending on or after September 30, 1999.
SEC. 4. RECOUPMENT OF OVERPAYMENTS.
(a) 36-Month Repayment Period.--
(1) In general.--Except as provided in paragraph (2), in
the case of an overpayment by the Secretary of Health and Human
Services to a home health agency for home health services
furnished during a cost reporting period beginning on or after
October 1, 1997, as a result of payment limitations provided
for under clause (v), (vi), or (viii) of section 1861(v)(1)(L)
of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home
health agency may elect to repay the amount of such overpayment
over a 36-month period beginning on the date of notification of
such overpayment.
(2) Exception.--No home health agency may make an election
under paragraph (1) if any final adverse action (as defined in
section 1128E(g)(1)) has been taken against such agency.
(b) No Interest on Overpayment Amounts.--In the case of an agency
that makes an election under subsection (a), no interest shall accrue
on the outstanding balance of the amount of overpayment during such 36-
month period.
(c) Termination.--No election under subsection (a) may be made for
cost reporting periods, or portions of cost reporting periods beginning
on or after the date of the implementation of the prospective payment
system for home health services under section 1895 of the Social
Security Act (42 U.S.C. 1395fff).
(d) Effective Date.--The provisions of subsection (a) shall take
effect as if included in the enactment of the Balanced Budget Act of
1997.
SEC. 5. INCREASE IN PAYMENT AMOUNT TO AGENCIES WITH LIMITS UNDER THE
NATIONAL AVERAGE.
(a) In General.--Section 1861(v)(1)(L)(viii)(I) of the Social
Security Act (42 U.S.C. 1395x(v)(1)(L)(viii)(I)), as added by section
5101(a)(3) of the Tax and Trade Relief Extension Act of 1998 (contained
in Division J of Public Law 105-277), is amended by striking ``the
limit otherwise imposed under clause (v)'' and all that follows through
the period and inserting ``the limit for such provider and period shall
be an amount equal to--
``(aa) for cost reporting periods beginning during fiscal
year 1999, 90 percent of such median;
``(bb) for cost reporting periods beginning during fiscal
year 2000, 95 percent of such median; and
``(cc) for cost reporting periods beginning during or after
fiscal year 2001, such median.''.
(b) Effective Date.--The provisions of subsection (a) shall take
effect as if included in the enactment of the Tax and Trade Relief
Extension Act of 1998 (contained in Division J of Public Law 105-277).
SEC. 6. INCREASE IN PER VISIT LIMIT.
Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C.
1395x(v)(1)(L)(i)), as amended by section 5101(a) of the Tax and Trade
Relief Extension Act of 1998 (contained in Division J of Public Law
105-277), is amended--
(1) in subclause (IV), by striking ``or'';
(2) in subclause (V)--
(A) by inserting ``and before October 1, 1999,''
after ``October 1, 1998,''; and
(B) by striking the period and inserting ``, or'';
and
(3) by adding at the end the following:
``(VI) October 1, 1999, 108 percent of such median.''.
SEC. 7. ELIMINATION OF TIMEKEEPING REQUIREMENTS UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR HOME HEALTH AGENCIES.
(a) In General.--Section 1895(c) of the Social Security Act (42
U.S.C. 1395fff(c)) is amended--
(1) by striking ``unless--'' and all that follows through
``(1) the'' and inserting ``unless the''; and
(2) by striking ``1835(a)(2)(A);'' and all that follows
through the period and inserting ``1835(a)(2)(A).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 8. PERIODIC INTERIM PAYMENT FOR CERTAIN HOME HEALTH AGENCIES.
(a) In General.--Section 1815(e)(2)(D) of the Social Security Act
(42 U.S.C. 1395g(e)(2)(D)) is amended by inserting ``until the end of
the 12-month period following the date that the prospective payment
system for such services is implemented pursuant to section 1895''
after ``services''.
(b) Conforming Amendment.--Section 4603(b) of the Balanced Budget
Act of 1997 (Public Law 105-33) is repealed.
(c) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Balanced Budget Act of
1997 (Public Law 105-33).
SEC. 9. REVISION OF SURETY BOND REQUIREMENT FOR HOME HEALTH AGENCIES.
(a) In General.--Section 1861(o) of the Social Security Act (42
U.S.C. 1395x(o)) is amended by inserting after the first sentence the
following: ``The surety bond required under paragraph (7) shall be used
by the Secretary to protect against overpayments made to an agency
based on fraudulent claims or behavior but shall not be used to protect
against overpayments that are not based on such claims or behavior.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
SEC. 10. EXCLUSION OF ADDITIONAL PART B COSTS FROM DETERMINATION OF
PART B MONTHLY PREMIUM.
Section 1839(g) of the Social Security Act (42 U.S.C. 1395r(g)) (as
added by section 5101(e) of the Tax and Trade Relief Extension Act of
1998 (contained in division J of Public Law 105-277)) is amended by
striking ``section 1861(v)(1)(L)(viii) or to the establishment under
section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent of the
median (instead of 105 percent of the median)'' and inserting ``clauses
(viii) and (ix) of section 1861(v)(1)(L) or to the establishment under
section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 percent and 108
percent of the median (instead of 105 percent of the median and 106
percent of the median, respectively)''. | Provides for: (1) outlier payments to home health agencies (agencies) in spite of applicable per beneficiary payment limits when a provider demonstrates to the Secretary that an individual was furnished appropriate home health services at a reasonable cost that significantly exceeded such applicable per beneficiary limit because of certain conditions; and (2) recoupment of overpayments by the Secretary to agencies over a 36-month period as specified.
Makes various Medicare amendments under reasonable cost provisions with regard to an increase in payment amounts to agencies with limits under the national average and an increase in the per visit limit for cost reporting periods beginning on or after October 1, 1999, with regard to the amount of payments that may be made under Medicare for services furnished by agencies.
Eliminates timekeeping requirements under the prospective payment system for home health services.
Provides for periodic interim payment for certain agencies under Medicare provisions regarding payment to service providers.
Revises surety bond requirements for agencies.
Excludes additional Medicare part B (Supplementary Medical Insurance) costs from determination of the Medicare part B premium. | Home Health Equity Act of 1999 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``USDA Year 2000
Compliance Enhancement Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purpose and findings.
Sec. 4. Position of Chief Information Officer, Department of
Agriculture.
Sec. 5. Responsibilities of Chief Information Officer with regard to
information technology architecture.
Sec. 6. Availability of agency information system funds.
Sec. 7. Authority of Chief Information Officer over information
technology personnel.
Sec. 8. Annual Comptroller General report on compliance.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Chief information officer.--The term ``Chief
Information Officer'' means the individual appointed by the
Secretary of Agriculture under section 3506(a)(2)(A) of title
44, United States Code, to serve as Chief Information Officer
of the Department of Agriculture.
(2) Information technology.--The term ``information
technology'' has the meaning given that term in section 5002(3)
of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)).
(3) Information resources.--The term ``information
resources'' has the meaning given that term in section 3502(6)
of title 44, United States Code.
(4) Information resources management.--The term
``information resources management'' has the meaning given that
term in section 3502(7) of title 44, United States Code.
(5) Information system.--The term ``information system''
has the meaning given such term in section 3502(8) of title 44,
United States Code.
(6) Information technology architecture.--The term
``information technology architecture'' has the meaning given
that term in section 5125(d) of the Clinger-Cohen Act of 1996
(40 U.S.C. 1425(d)).
(7) Office or agency.--The terms ``office or agency'' and
``offices and agencies'' mean each current or future--
(A) national, regional, county, or local office or
agency of the Department;
(B) county committee established under section
8(b)(5) of the Soil Conservation and Domestic Allotment
Act (16 U.S.C. 590h(b)(5)); and
(C) State committee, State office, or field service
center of the Farm Service Agency.
(8) Department.--The term ``Department'' means the United
States Department of Agriculture.
SEC. 3. PURPOSE AND FINDINGS.
(a) Purpose.--It is the purpose of this Act to facilitate the
continued successful administration of Department of Agriculture farm
policies and programs through the creation of a centralized office in
the Department to oversee the use of information resources within the
Department.
(b) Findings.--Congress finds that--
(1) American agriculture relies on the Department for the
administration of a number of policies and programs essential
to the success and vitality of agricultural producers and rural
communities in the United States;
(2) the successful administration of these policies and
programs depends upon the ability of the Department to use
information resources in as efficient and effective manner as
is technologically feasible;
(3) in order to successfully administer these important
farm policies and programs the Department relies on a number of
information resources that require comprehensive and
Department-wide overview and control in order to avoid needless
duplication and misuse of resources;
(4) agricultural production, marketing, the distribution of
commodities, and the extension of farm credit and security are
particularly reliant upon the successful use of information
resources within the Department;
(5) the failure of the Department to meet the requirement
of the Office of Management and Budget that all Department
mission critical systems be year 2000 compliant would have an
adverse impact on the Department's farm policies and programs
and American agricultural producers; and
(6) in order to better ensure the continued success and
vitality of agricultural producers and rural communities it is
necessary that within the Department measures are taken to
coordinate and centrally plan the use of the information
resources of the Department.
SEC. 4. POSITION OF CHIEF INFORMATION OFFICER, DEPARTMENT OF
AGRICULTURE.
(a) Position in Department.--In order to ensure that information
resources within the Department are directed with the greatest
efficiency towards the administration of farm policies and programs as
authorized by law, the Chief Information Officer of the Department--
(1) shall report directly to the Secretary of Agriculture;
and
(2) shall not be under the direction or control of the
Deputy Secretary of Agriculture or other official or employee
of the Department.
(b) Position on Executive Information Technology Investment Review
Board.--The Chief Information Officer shall serve as vice-chairperson
of the Executive Information Technology Investment Review Board of the
Department or any other entity established by the Secretary of
Agriculture to review and approve the acquisition of information
technology by offices and agencies of the Department.
SEC. 5. RESPONSIBILITIES OF CHIEF INFORMATION OFFICER WITH REGARD TO
INFORMATION TECHNOLOGY ARCHITECTURE.
(a) In General.--The Chief Information Officer shall have the
authority and responsibility for ensuring that the information
technology architecture of the Department, and any office or agency of
the Department, is based on the strategic business plans, information
resources, goals of information resources management, and core business
process methodology of the Department in order to ensure the successful
implementation of farm policies and programs administered by the
Department as required by law.
(b) Design and Implementation.--The Chief Information Officer shall
be responsible for the design and implementation of an information
technology architecture for the Department that ensures that--
(1) the information system of each office or agency of the
Department maximizes--
(A) the effectiveness and efficiency of mission
delivery and information resources management;
(B) quality per dollar expended; and
(C) the efficiency and coordination of information
technology management among offices and agencies of the
Department, including the exchange of information
between field service centers and other offices and
agencies of the Department;
(2) the planning for, and the lease or purchase of,
information resources of each office or agency of the
Department most efficiently satisfies the needs of the office
or agency in terms of the customers served, program
characteristics, and employees affected by the system; and
(3) the information system of each office or agency of the
Department is designed and managed to coordinate or consolidate
similar functions of the missions, and offices or agencies of
the Department, on a Department-wide basis.
(c) Ensuring Compliance With Resulting Architecture.--The Chief
Information Officer shall be responsible for the development,
acquisition, procurement, and implementation of information resources
by an office or agency of the Department in a manner that--
(1) is consistent with the information technology
architecture designed under subsection (b); and
(2) results in the best use of resources of the office or
agency for information technology.
SEC. 6. AVAILABILITY OF AGENCY INFORMATION SYSTEM FUNDS.
(a) Transfer.--Each office and agency of the Department shall
transfer to the control of the Chief Information Officer an amount of
funds each fiscal year equal to four percent of the estimated
expenditures to be made by that office or agency for equipment and
software for the information system of that office or agency for a
fiscal year (other than expenditures for intra-government payments).
The Secretary of Agriculture shall determine the actual amount to be
transferred by an office or agency of the Department.
(b) Availability of Funds.--Funds transferred under subsection (a)
shall remain available until expended.
(c) Use of Funds.--Funds transferred under subsection (a) may be
used by the Chief Information Officer only--
(1) to carry out the responsibilities of the Chief
Information Officer under this Act, section 5125 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1425), and section
3506(a)(2) of title 44, United States Code;
(2) to assist in the development, acquisition, procurement,
or implementation of information resources by more than one
office or agency of the Department in order to ensure the
creation of a Department-wide single information system; and
(3) to meet the requirement of the Office and Management
and Budget to make all mission critical systems year 2000
compliant.
SEC. 7. AUTHORITY OF CHIEF INFORMATION OFFICER OVER INFORMATION
TECHNOLOGY PERSONNEL.
(a) Deputy Information Officers.--
(1) Establishment.--There is established within the Office
of the Chief Information Officer the position of deputy
information officer who shall be appointed by the Chief
Information Officer and serve as a liaison between the Chief
Information Officer and each office or agency of the
Department. The separate position of chief information officer
of an office or agency of the Department is hereby abolished.
(2) Succession.--A person who is serving as a chief
information officer of an office or agency of the Department on
the date of the enactment of this Act shall serve as a deputy
information officer in the Office of the Chief Information
Officer until such time as a successor (if any) is appointed by
the Chief Information Officer.
(b) Managers of Major Information Technology Projects.--The
assignment of an employee of the Department to serve as manager of a
major information technology program or project (as defined by the
Chief Information Officer) of an office or agency of the Department,
and continuation of the assignment, shall be subject to the approval of
the Chief Information Officer. The Chief Information Officer shall
provide input into the performance review of any person so assigned.
(c) Detail and Assignment of Personnel.--Notwithstanding any other
provision of law, an employee of the Department may be detailed or
assigned to the Office of the Chief Information Officer for a period of
more than 30 days without reimbursement to the employee's employing
agency or office.
(d) Information Technology Procurement Officers.--Procurement
officers in the Department who are responsible for the procurement of
information technology shall serve under the direction and control of
the Chief Information Officer.
SEC. 9. ANNUAL COMPTROLLER GENERAL REPORT ON COMPLIANCE.
(a) Report Required.--Not later than January 15 of each year, the
Comptroller General of the United States shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report evaluating
the compliance by the Chief Information Officer and the Department with
this Act. The Comptroller General shall conduct the evaluation in a
manner which will permit an assessment of the effect of the
Department's compliance or lack thereof on the administration of farm
policies and programs carried out by the Department as required by law.
(b) Contents of Report.--Each report under subsection (a) shall
include the following:
(1) An ongoing review and compilation of spending by the
Department on information resources which will permit an
assessment of the compliance with section 6(a) by offices and
agencies of the Department.
(2) An ongoing review and compilation of spending by the
Department on information resources which will permit an
assessment of the Chief Information Officer's compliance with
section 6(c).
(3) An ongoing assessment and evaluation of the Chief
Information Officer's performance of duties under this Act.
(4) An ongoing review and evaluation of the Department's
success in creating a Department-wide single information
system, as described in section 6(c)(2), and in complying with
the requirement of the Office of Management and Budget to make
all mission critical systems year 2000 compliant, as required
under section 6(c)(3).
(c) Evaluation and Recommendations.--In addition to the
requirements of subsection (b), the Comptroller General may include in
a report under subsection (a) such other recommendations and
evaluations as the Comptroller General considers appropriate. | USDA Year 2000 Compliance Enhancement Act - Establishes the position of Chief Information Officer within the Department of Agriculture. States that such Officer shall: (1) serve as vice-chairperson of the Executive Information Technology Review Board or other Department information-acquisition related body; and (2) design and implement an information technology architecture for the Department.
Provides for the transfer of specified funds from Department offices and agencies to the Officer to: (1) carry out certain responsibilities and information acquisition and implementation activities; and (2) meet "year 2000" systems requirements.
Establishes within the Office of the Chief Information Officer the position of deputy information officer (to be appointed by the Officer) to serve as liaison between the Officer and Department offices and agencies.
Requires an annual compliance report by the Comptroller General of the United States. | USDA Year 2000 Compliance Enhancement Act |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Economic
Revitalization Tax Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. CERTAIN INVESTMENTS IN UNITED STATES PROPERTY BY QUALIFIED
CORPORATIONS.
(a) In General.--Section 956 is amended by redesignating subsection
(e) as subsection (f) and adding the following new subsection (e):
``(e) Separate Application of Section to Qualified Corporations.--
``(1) In general.--In the case of a qualified corporation,
this section shall be applied separately with respect to such
corporation's qualified income.
``(2) Definitions.--For purposes of this section--
``(A) Qualified corporation.--The term `qualified
corporation' means any foreign corporation which is a
controlled foreign corporation and is created or
organized under the laws of, or engaged in the active
conduct of a trade or business within, the Commonwealth
of Puerto Rico or a possession of the United States.
``(B) Qualified income.--The term `qualified
income' means income earned by a qualified corporation
in taxable years beginning after December 31, 2001,
from sources outside the United States, from--
``(i) the active conduct of a trade or
business within the Commonwealth of Puerto Rico
or a possession of the United States, or
``(ii) the sale or exchange of
substantially all of the assets used in the
active conduct of such a trade or business.
``(C) Possession.--The term `possession of the
United States' includes the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
``(3) Taxable years to which subsection is applicable.--
This subsection shall be applicable with respect to any taxable
year of a qualified corporation beginning after December 31,
2001, for which an election under section 245(d) is not in
effect.''
(b) Certain Investments in United States Property.--Section 951(a)
is amended by adding the following new paragraph at the end thereof:
``(4) Certain investments in united states property.--
``(A) In general.--The amount determined under
paragraph (1)(B) of this subsection with respect to a
qualified corporation (as defined in section
956(e)(2)(A)) shall be reduced (but not below zero) by
the lesser of--
``(i) 90 percent of the amount determined
under section 956(e) with respect to such
corporation for the taxable year, or
``(ii) 90 percent of such corporation's
cumulative qualified income (as defined in
section 956(e)(2)(B)), reduced by amounts (if
any) previously allowed as a deduction under
section 245(d).
``(B) Succeeding taxable years.--In applying this
section and section 956 to any taxable year, any amount
not included in the gross income of a United States
shareholder of a qualified corporation in a prior
taxable year solely by reason of the application of
subparagraph (A) of this paragraph shall be treated as
if it had been so included in the gross income of the
United States shareholder in such prior taxable year.''
SEC. 3. DIVIDENDS RECEIVED DEDUCTION WITH RESPECT TO CERTAIN
DISTRIBUTIONS BY QUALIFIED CORPORATIONS.
Section 245 is amended by adding the following new subsection at
the end thereof:
``(d) Dividends From Qualified Corporations.--
``(1) General rule.--In the case of a dividend described in
paragraph (2) received by a domestic corporation from an
electing qualified corporation (as defined in section
956(e)(2)(A)), there shall be allowed as a deduction an amount
equal to 85 percent of such dividend.
``(2) Eligible dividends.--Paragraph (1) shall apply only
to dividends which are paid out of that portion of the earnings
and profits of a qualified corporation which does not exceed
such corporation's accumulated qualified income (as defined in
section 956(e)(2)(B)).
``(3) Application of section 316 ordering rule.--For
purposes of this subsection, a dividend shall be deemed to be
made out of the most recently accumulated earnings and profits
of the qualified corporation.
``(4) Elections.--
``(A) In general.--An election under this
subsection shall be made by the qualified corporation
at such time and in such manner as the Secretary shall
prescribe.
``(B) Years for which election is effective.--An
election under this subsection shall be effective for
the taxable year of the qualified corporation beginning
after December 31, 2001, for which such election is
made and for all succeeding taxable years of such
corporation, unless--
``(i) the corporation ceases to be a
qualified corporation, or
``(ii) the corporation revokes the
election.
``(C) New election by qualified corporation
following termination.--If a qualified corporation has
made an election under this subsection and if such
election has been terminated under subparagraph (B),
such corporation (and any successor qualified
corporation) shall not be eligible to make an election
under this subsection for any taxable year before the
5th taxable year which begins after the 1st taxable
year for which such termination is effective, unless
the Secretary consents to such election.
``(5) Coordination with foreign tax credit.--To the extent
provided by the Secretary in regulations, the principles of
sections 245(a)(8) and (9) shall apply to dividends described
in paragraph (1) of this subsection.''
SEC. 4. SAFE HARBOR RULE FOR CERTAIN TRANSFERS OR LICENSES OF
INTANGIBLE PROPERTY TO A QUALIFIED CORPORATION.
Section 367 is amended by the following new subsection at the end
thereof:
``(g) Safe Harbor for Certain Transfers or Licenses of Intangible
Property.--
``(1) General rule.--If subsection (d)(2)(A)(ii) or section
482 is otherwise applicable to the transfer or license of
qualified intangible property to an electing qualified
corporation (as defined in section 956(e)(2)(A)), the
requirements of subsection (d)(2)(A)(ii) or section 482, as the
case may be, shall be treated as satisfied for all purposes
under this subtitle, with respect to the qualified income
attributable to the qualified intangible property, for any
taxable year for which the electing qualified corporation
computes its qualified income (as defined in section
956(e)(2)(B)) with respect to its products or services
involving the use of the qualified intangible property in
accordance with the same method specified in section 936(h) (as
in effect on the date of enactment of this subsection) which
was used by the domestic corporation referred to in paragraph
(2)(A) for its last taxable year beginning before the transfer
or license to the qualified corporation.
``(2) Definitions.--For purposes of this subsection--
``(A) Qualified intangible property.--The term
`qualified intangible property' means any intangible
property owned by a domestic corporation on the date of
enactment of this section, but only if such property
was--
``(i) developed or purchased by the
domestic corporation, and
``(ii) used directly in the active conduct
by the domestic corporation of a trade or
business for which credits were allowed under
either section 30A or section 936 for the
taxable year within which the transfer or
license occurs.
``(B) Intangible property.--The term `intangible
property' means any intangible property (within the
meaning of subsection (d)) but only if such property
was used directly in connection with a manufacturing or
similar process within the taxable year referred to in
paragraph (2)(A)(ii).
``(3) Elections.--
``(A) In general.--An election under this
subsection shall be made by the qualified corporation,
in such manner as the Secretary may prescribe by
regulations, only before the 15th day of the 3d month
following the close of the first taxable year of such
corporation beginning after December 31, 2001.
``(B) Years for which effective.--An election under
this subsection shall apply to the taxable year for
which made and all subsequent years unless--
``(i) the foreign corporation which is the
transferee or licensee ceases to be a qualified
corporation, or
``(ii) the Secretary consents to the
revocation of the election.''
SEC. 5. TECHNICAL AND CONFORMING CHANGES.
(a) Imputed Interest.--Notwithstanding any provision of the
Internal Revenue Code of 1986, no interest shall be imputed, and no
original issue discount shall be accrued, for any purpose under such
Code with respect to any obligation issued to a qualified corporation
(as defined in section 956(e)(2)(A) of such Code) as part of a
transaction to which section 956(e) of such Code is applicable.
(b) Constructive Dividends.--Notwithstanding any provision of the
Internal Revenue Code of 1986, no amount of United States property held
by a qualified corporation (as defined in section 956(e) of such Code)
pursuant to sections 951(a)(4) and 956(e) of such Code shall be treated
as a dividend for any purpose under the Code.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are necessary or
appropriate to carry out the purposes of this Act.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
enactment of this Act. | Economic Revitalization Tax Act of 2001 - Amends Internal Revenue Code provisions concerning investment of earnings in U.S. property to set forth a separate rule governing any foreign corporation which is a controlled foreign corporation and is created or organized under the laws of, or engaged in the active conduct of a trade or business within, the Commonwealth of Puerto Rico or a possession of the United States.Provides that in the case of certain dividends received by a domestic corporation from such a corporation, there shall be allowed as a deduction an amount equal to 85 percent of such dividend.Establishes a safe harbor rule for certain transfers or licenses of intangible property to such a corporation. | To amend the Internal Revenue Code of 1986 to provide an appropriate and permanent tax structure for investments in the Commonwealth of Puerto Rico and the possessions of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Alien Deportation and
Native Country Confinement Act of 1994''.
SEC. 2. INCARCERATION OF OR PAYMENT FOR CRIMINAL ALIENS BY THE FEDERAL
GOVERNMENT.
(a) Definition.--In this section, ``criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility'' means an alien who--
(1)(A) is in the United States in violation of the
immigration laws; or
(B) is deportable or excludable under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
(2) has been convicted of a felony under State or local law
and incarcerated in a correctional facility of the State or a
subdivision of the State.
(b) Federal Custody.--At the request of a State or political
subdivision of a State, the Attorney General shall--
(1)(A) take custody of a criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility; and
(B) provide for the imprisonment of the criminal alien in a
Federal prison in accordance with the sentence of the State
court; or
(2) enter into a contractual arrangement with the State or
local government to compensate the State or local government
for incarcerating alien criminals for the duration of their
sentences.
SEC. 3. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.
(a) Convicted Defined.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end
the following new subparagraph:
``(E) Convicted defined.--In this paragraph, the
term `convicted' means a judge or jury has found the
alien guilty or the alien has entered a plea of guilty
or nolo contendere, whether or not the alien appeals
therefrom.''.
(b) Deportation of Convicted Aliens.--
(1) Immediate deportation.--Section 242(h) of such Act (8
U.S.C. 1252(h)) is amended--
(A) by striking ``(h) An alien'' and inserting
``(h)(1) Subject to paragraph (2), an alien''; and
(B) by adding at the end the following new
paragraph:
``(2) An alien sentenced to imprisonment may be deported prior to
the termination of such imprisonment by the release of the alien from
confinement, if the Service petitions the appropriate court or other
entity with authority concerning the alien to release the alien into
the custody of the Service for execution of an order of deportation.''.
(2) Prohibition of reentry into the united states.--Section
212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (G); and
(B) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Aliens deported before serving minimum period
of confinement.--An alien deported pursuant to section
242(h)(2) is excludable during the minimum period of
confinement to which the alien was sentenced.''.
(c) Execution of Deportation Orders.--Section 242(i) of such Act (8
U.S.C. 1252(i)) is amended by adding at the end the following: ``An
order of deportation may not be executed until all direct appeals
relating to the conviction which is the basis of the deportation order
have been exhausted.''.
(d) Notification Requirement.--The Attorney General shall notify
each alien incarcerated in a State or Federal prison of any available
option for voluntary deportation and prisoner transfer where the alien
would be incarcerated for the remainder of the sentence of confinement
in the country to which deported.
SEC. 4. CONGRESSIONAL STATEMENT CONCERNING INCARCERATION IN COUNTRY TO
WHICH CRIMINAL ALIENS ARE DEPORTED.
(a) Congressional Findings.--The Congress makes the following
findings:
(1) Aliens entering the United States without the knowledge
or permission of the Federal Government have become a major
economic and social problem in many States.
(2) The number of undocumented aliens committing felony
crimes has reached staggering proportions in California and in
other States.
(3) In 1988, 5,500 undocumented aliens were incarcerated in
California prisons; in 1994 there are 16,000.
(4) In 1993 incarcerated undocumented aliens represented
approximately 15 percent of the total California State prison
population.
(5) The cost of incarcerating each State prisoner in
California ranges between $15,000 to $30,000 and the cost to
the taxpayers of California for the incarceration of
undocumented criminal aliens in the State is approximately
$402,000,000.
(6) The State of California has spent over a billion
dollars in the past 5 years to incarcerate undocumented
criminal aliens.
(7) The Immigration and Naturalization Service (INS)
estimates that the average cost to deport an undocumented
criminal alien is $600.
(8) The United States has bilateral treaties concerning
prisoner transfers with several countries. The treaties have
strict criteria requiring that all parties, the United States
Department of Justice, the United States Department of State,
the foreign government, and the prisoner, consent to the
transfer. The prisoner must voluntarily request such a
transfer.
(b) Sense of Congress.--It is the sense of the Congress that--
(1) the President should direct the Secretary of State to
enter into negotiations with other countries in order to
conclude bilateral or multilateral agreements to provide for
incarceration in the country to which an alien is deported when
an alien is deported while subject to a term of imprisonment in
the United States;
(2) all existing agreements regarding prisoner transfer
should be renegotiated to remove the requirement of prisoner
approval and all other barriers to prisoner transfer; and
(3) any prisoner transfer agreement should include the
assurance that prisoners will complete the full term of any
sentence upon transfer to another country. | Criminal Alien Deportation and Native Country Confinement Act of 1994 - Requires the Federal Government to incarcerate, or to reimburse State and local governments for the cost of incarcerating, specified criminal aliens.
Amends the Immigration and Nationality Act to provide for the expedited deportation or exclusion of convicted criminal aliens.
Expresses the sense of the Congress with respect to prisoner transfer and in-country incarceration agreements. | Criminal Alien Deportation and Native Country Confinement Act of 1994 |
SECTION 1. AMENDMENTS TO IMPACT AID PROGRAM.
(a) Payments Relating to Federal Acquisition of Real Property.--
Section 8002 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7702) is amended--
(1) in subsection (a), by striking ``shall be eligible''
and inserting ``is entitled''; and
(2) by striking subsections (h), (i), and (j).
(b) Payments for Eligible Federally Connected Children.--
(1) Computation of payment.--Section 8003(a)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(a)(1)) is amended by striking ``is eligible'' and
inserting ``is entitled''.
(2) Basic support payments and payments with respect to
fiscal years in which insufficient funds are appropriated.--
Section 8003(b) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7703(b)) is amended--
(A) in the heading, by striking ``and Payments With
Respect to Fiscal Years in Which Insufficient Funds Are
Appropriated'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking ``From
the amount appropriated under section 8014(b)
for a fiscal year, the Secretary is authorized
to'' and inserting ``The Secretary shall'';
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement''; and
(II) by striking ``is eligible''
and inserting ``is entitled''; and
(iii) in subparagraph (C)--
(I) in the heading, by striking
``Maximum amount'' and inserting
``Amount'';
(II) by striking ``maximum amount''
and inserting ``amount''; and
(III) by striking ``is eligible''
and inserting ``is entitled'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) in clause (i), by striking
``From the amount appropriated under
section 8014(b) for a fiscal year, the
Secretary is authorized to'' and
inserting ``The Secretary shall''; and
(II) in clause (ii), by striking
``eligible'' and inserting
``entitled'';
(ii) in subparagraph (B)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement'';
(II) in clause (i), by striking
``is eligible'' and inserting ``is
entitled'';
(III) in clause (ii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement'';
(bb) by striking ``shall be
ineligible'' and inserting
``shall not be entitled''; and
(cc) by striking
``ineligibility'' and inserting
``non-entitlement''; and
(IV) in clause (iii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement'';
(bb) by striking ``becomes
ineligible'' and inserting ``is
not entitled''; and
(cc) by striking
``eligibility'' each place it
appears and inserting
``entitlement'';
(iii) in subparagraph (C)--
(I) in the heading, by striking
``Eligibility'' and inserting
``Entitlement'';
(II) in clause (i), by striking
``is eligible'' and inserting ``is
entitled'';
(III) in clause (ii)--
(aa) in the heading, by
striking ``eligibility'' and
inserting ``entitlement''; and
(bb) by striking ``becomes
ineligible'' and inserting ``is
not entitled''; and
(IV) in clause (iii), by striking
``becoming ineligible'' and inserting
``losing entitlement status'';
(iv) in subparagraph (D)--
(I) in the heading, by striking
``Maximum amount'' and inserting
``Amount''; and
(II) in clause (i)--
(aa) by striking ``maximum
amount'' and inserting
``amount''; and
(bb) by striking ``is
eligible'' and inserting ``is
entitled''; and
(v) in subparagraph (E)--
(I) in the heading, by striking
``Maximum amount'' and inserting
``Amount''; and
(II) in clause (i)(I)--
(aa) by striking ``maximum
amount'' and inserting
``amount''; and
(bb) by striking ``is
eligible'' and inserting ``is
entitled'';
(D) by striking paragraph (3); and
(E) in paragraph (4)--
(i) in subparagraph (A), by striking
``paragraph (3)''; and
(ii) in subparagraph (B)--
(I) in the heading--
(aa) by striking ``maximum
amount'' and inserting
``amount''; and
(bb) by striking ``and
threshold payment'';
(II) by striking ``maximum'' each
place it appears; and
(III) by striking ``and the
learning opportunity threshold payment
under subparagraph (B) or (C) of
paragraph (3), as the case may be,''.
(3) Children with disabilities.--Section 8003(d)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7703(d)(1)) is amended to read as follows:
``(1) In general.--The Secretary shall pay to each eligible
local educational agency for a fiscal year the amount equal to
the difference between--
``(A) the amount equal to the product of--
``(i) the number of children described in
subparagraphs (A)(ii), (B), (C), and (D) of
subsection (a)(1) who are eligible to receive
services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et
seq.); and
``(ii) 40 percent of the average per-pupil
expenditure in public elementary and secondary
schools in the United States; and
``(B) the amount of a grant that the agency
received under section 611 of the Individuals with
Disabilities Education Act (20 U.S.C. 1411) for the
prior fiscal year attributable to children described in
subparagraphs (A)(ii), (B), (C), and (D) of subsection
(a)(1).''.
(4) Hold harmless.--Section 8003(e) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703(e)) is
amended--
(A) in paragraph (2) to read as follows:
``(2) Amount.--The total amount provided to a local
educational agency under paragraph (1)(A) for fiscal year 2004
shall not exceed the maximum basic support payment amount for
such agency determined under paragraph (1) or (2) of subsection
(b) and the total amount provided to a local educational agency
under paragraph (1)(B) for fiscal year 2005 shall not exceed
the basic support payment amount for such agency determined
under paragraph (1) or (2) of subsection (b).''; and
(B) by striking paragraph (3).
(c) Policies and Procedures Relating to Children Residing on Indian
Lands.--Section 8004(e)(8) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7704(e)(8)) is amended by striking ``is
eligible'' and inserting ``is entitled''.
(d) Application for Payments Under Sections 8002 and 8003.--Section
8005(b)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7705(b)(1)) is amended by striking ``eligibility'' and inserting
``entitlement''.
(e) Construction.--Section 8007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
8014(e)'' and inserting ``subsection (c)''; and
(B) in paragraph (3), by striking ``section
8014(e)'' each place it appears and inserting
``subsection (c)'';
(2) in subsection (b)(1), by striking ``section 8014(e)''
and inserting ``subsection (c)''; and
(3) by adding at the end the following:
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated sums as may
be necessary for each of the fiscal years 2004 through 2006.''.
(f) Facilities.--Section 8008 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7708) is amended--
(1) in subsection (a), by striking ``section 8014(f)'' and
inserting ``subsection (c)''; and
(2) by adding at the end the following:
``(c) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated sums as may
be necessary for each of the fiscal years 2004 through 2006.''.
(g) Authorization of Appropriations.--Section 8014 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is
repealed.
(h) Rule of Construction.--Title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.), as amended by
this Act, is further amended by adding at the end the following:
``SEC. 8014. RULE OF CONSTRUCTION.
``Nothing in this title shall be interpreted to entitle any
individual to assistance under any program, project, or activity of a
local education agency, State agency, or other governmental entity
funded under this title.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2003, or the date of the enactment of this Act, whichever occurs later. | Amends the Elementary and Secondary Education Act of 1965 to entitle certain local educational agencies (LEAs) to specified payment amounts under Impact Aid programs: (1) relating to Federal acquisition of real property; and (2) for basic support for eligible federally-connected children. (Current law makes such LEAs eligible for such payments up to specified maximum amounts.)Revises the formula for calculating additional Impact Aid payments to LEAs for federally-connected children with disabilities who are eligible for services under the Individuals with Disabilities Education Act.Extends the authorization of appropriations for: (1) construction and school modernization payments for certain LEAs, including ones with high percentages of children living on Indian lands or children of military parents; and (2) facilities maintenance payments for certain schools located on military bases and serving military dependent children. | To amend the impact aid program under the Elementary and Secondary Education Act of 1965 to improve the delivery of payments under the program to local educational agencies. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving the Nation's Visitors'
International Travel Experience Act of 2014'' or the ``INVITE Act of
2014''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to create a welcoming experience at United States ports
of entry;
(2) to encourage international travelers to visit the
United States; and
(3) to support jobs and economic prosperity for the Nation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Appropriations of the Senate;
(E) the Committee on Energy and Commerce of the
House of Representatives;
(F) the Committee on Foreign Affairs of the House
of Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on Appropriations of the House of
Representatives.
(2) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection.
(3) Global entry program.--The term ``Global Entry
Program'' means the program described in section 235.12 of
title 8, Code of Federal Regulations.
(4) Model ports of entry program.--The term ``Model Ports
of Entry Program'' means the program established by the
Secretary of Homeland Security under section 725 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(8 U.S.C. 1752a).
SEC. 4. GLOBAL ENTRY PROGRAM EXPANSION.
(a) Coordination.--The Secretary of State and the Secretary of
Homeland Security shall explore the feasibility of--
(1)(A) coordinating the enrollment and interview processes
for individuals who--
(i) are nationals of countries with which the
United States has a reciprocal trusted traveler program
agreement; and
(ii) simultaneously apply for a United States visa
and enroll in the Global Entry Program; and
(B) collecting a single application fee from such
applicants; and
(2) coordinating the passport application and Global Entry
Program enrollment processes for eligible United States
citizens.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Homeland Security shall jointly submit, to the appropriate
congressional committees, a report that describes--
(1) the status of bilateral negotiations to expand
reciprocal trusted traveler programs such as the Global Entry
Program;
(2) barriers to the expansion of the Global Entry Program;
(3) the number of United States citizens and nationals of
other countries who are enrolled in the Global Entry Program,
the NEXUS Program, or the SENTRI Program;
(4) the feasibility of coordinating Global Entry Program
enrollment with the visa and passport application processes;
(5) if the Secretaries determine that such coordination is
infeasible, the specific reasons for such determination; and
(6) the resources needed and the next steps that the
Department of State and the Department of Homeland Security
would need to take to implement the coordinated Global Entry
and visa and passport application process described in
subsection (a).
SEC. 5. STRENGTHENING THE MODEL PORTS OF ENTRY PROGRAM.
(a) In General.--Section 725 of the Implementing Recommendations of
the 9/11 Commission Act of 2007 (8 U.S.C. 1752a) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) modify the program, to the extent determined to be
necessary by the Commissioner of U.S. Customs and Border
Protection, including by expanding the program beyond the 20
airports at which the program was initially implemented.'';
(2) by redesignating subsection (c) as subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) Program Metrics.--
``(1) Development.--To ensure the effectiveness of the
Model Ports of Entry Program (referred to in this subsection as
the `program'), the Commissioner of U.S. Customs and Border
Protection shall develop metrics to measure the performance of
the program, including metrics to measure customer satisfaction
among passengers using the ports of entry at the Model Ports of
Entry airports.
``(2) Report.--Not later than 1 year after the date of the
enactment of the INVITE Act of 2014, the Commissioner of U.S.
Customs and Border Protection shall submit a report to the
appropriate congressional committees that includes--
``(A) a list of the program airports;
``(B) an explanation of how the program has been
implemented at each program airport;
``(C) an analysis of the program's performance
against the metrics established under paragraph (1) to
measure customer satisfaction;
``(D) recommendations for improving public-private
collaboration between U.S. Customs and Border
Protection, airports, and other industry stakeholders
to improve the user experience at United States ports
of entry; and
``(E) recommendations on whether the program should
be expanded to more airports.
``(d) Model Ports of Entry Grant Program.--
``(1) Establishment.--Not later than 1 year after the date
of the enactment of the INVITE Act of 2014, the Secretary of
Homeland Security shall establish the Model Ports of Entry
Grant Program to award, on a competitive basis, up to 10 grants
of an amount deemed appropriate by the Commissioner to airports
designated by the Commissioner of U.S. Customs and Border
Protection to establish public-private sector collaboration to
improve the international arrival process at United States
airports.
``(2) Source of funding.--The funding for the grant program
established under this subsection shall come from the operating
budget of U.S. Customs and Border Protection.
``(3) Matching grant.--The Secretary may not make a grant
to an airport under this subsection unless the airport agrees
to match the grant funding with an equal amount of non-Federal
funds.
``(4) Use of funds.--Grants received under the subsection--
``(A) shall be used to improve the grantee's
international passenger processing facility in
accordance with the objectives of the Model Ports of
Entry Program through activities such as--
``(i) the installation of informational
television monitors;
``(ii) improvements to queue management;
and
``(iii) the use of technology that will
improve the entry process;
``(B) shall be used to provide a more efficient and
welcoming international arrival process to facilitate
and promote business and tourist travel to the United
States; and
``(C) may not be used to replace funding for
airport improvement projects paid for with--
``(i) passenger facility charges authorized
under section 40117 of title 49, United States
Code; or
``(ii) grants received through the Airport
Improvement Program under subchapter I of
chapter 471 of such title 49.
``(5) Working groups.--
``(A) Establishment.--Grantees shall establish
public-private partnership working groups with U.S.
Customs and Border Protection.
``(B) Other members.--Working groups established
under this paragraph may include representatives of the
travel and tourism industry, including--
``(i) the air passenger sector;
``(ii) the hotel sector;
``(iii) the theme park sector;
``(iv) the rental car sector
``(v) the tour operator sector;
``(vi) the travel distribution sector;
``(vii) the retail sector;
``(viii) the State tourism authority;
``(ix) the local convention and visitors
authority;
``(x) local cultural interest groups; and
``(xi) the event management sector.
``(C) Collaboration.--The working groups
established under this paragraph shall--
``(i) support ongoing collaborative efforts
to share best practices for improving the
international arrivals process; and
``(ii) provide recommendations for overall
facility design enhancements and the
integration of public and cultural art into
port of entry facilities at United States
airports.
``(D) Federal advisory committee act.--The
provisions of the Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to working groups
established under this paragraph.
``(6) Administration and selection criteria.--The
Commissioner of U.S. Customs and Border Protection shall--
``(A) administer the Model Ports of Entry Grant
Program; and
``(B) establish the criteria for selecting
grantees.
``(7) Metrics.--The Commissioner of U.S. Customs and Border
Protection shall establish metrics to determine the
effectiveness of the Model Ports of Entry Grant Program.''.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Commissioner shall submit a report to the appropriate
congressional committees that includes--
(1) a description of the status of the Model Ports of Entry
Grant Program;
(2) a description of the metrics U.S. Customs and Border
Protection will use to measure the effectiveness of the Model
Ports of Entry Grant Program;
(3) an analysis comparing the results of the Model Ports of
Entry Grant Program with the metrics established pursuant to
section 725(d)(6) of the Implementing Recommendations of the 9/
11 Commission Act of 2007, as added by subsection (a)(3);
(4) recommendations on whether the Model Ports of Entry
Grant Program should be made available on a competitive basis
to additional airports; and
(5) a description of the improvements the Commissioner
intends to make to the Model Ports of Entry Grant Program.
SEC. 6. U.S. CUSTOMS AND BORDER PROTECTION WAIT TIME METRICS.
(a) Annual Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Commissioner shall
submit a report to the appropriate congressional committees that--
(1) includes data on average passenger wait times and peak
wait times for each month at each port of entry;
(2) provides an analysis of the performance of U.S. Customs
and Border Protection against the metrics developed pursuant to
section 571(a) of the Department of Homeland Security
Appropriations Act, 2014 (division F of Public Law 113-76); and
(3) provides an update on the development and
implementation of operational work plans that support the goal
of reducing passenger processing times at air, land, and sea
ports of entry in accordance with section 571(b) of such Act.
(b) Public Dissemination of Wait Times.--The Commissioner shall--
(1) prominently post the latest information on wait times
for processing arriving international passengers at United
States airports and land ports of entry on the U.S. Customs and
Border Protection website so that such information is easily
accessible to website visitors; and
(2) continuously update the information described in
paragraph (1) during the hours in which the air and land ports
are open and receiving customers.
SEC. 7. REPORT ON EFFORTS TO LEVERAGE TECHNOLOGY IN THE INTERNATIONAL
ARRIVALS PROCESS.
Not later than 1 year after date of the enactment of this Act, the
Commissioner shall submit a report to Congress that--
(1) describes efforts to develop new technologies and
procedures to improve the passenger screening process at United
States ports of entry;
(2) lists the Department of Homeland Security components
for which each technology is being developed; and
(3) identifies methods for more effectively processing
inbound international travelers to the United States while
strengthening security.
SEC. 8. INCREASING THE TRANSPARENCY OF DEPARTMENT OF HOMELAND SECURITY
CUSTOMER SERVICE ENHANCEMENTS.
(a) In General.--The Secretary of Homeland Security shall collect
and analyze traveler feedback--
(1) to develop customer service best practices across all
relevant component agencies;
(2) to ensure a welcoming environment; and
(3) to improve the image of the United States around the
world.
(b) Use of Traveler Feedback.--The Secretary of Homeland Security
shall--
(1) coordinate the collection of all traveler feedback
across all relevant component agencies to improve the
transparency of customer service enhancements;
(2) publicly report the feedback described in paragraph (1)
on a quarterly basis; and
(3) analyze and utilize such feedback to develop customer
service best practices throughout the Department of Homeland
Security, which shall include cultural sensitivity and
diversity training.
(c) Monthly Report.--The Secretary of Homeland Security shall
report all U.S. Customs and Border Protection traveler feedback to the
Department of Transportation for publication in its monthly Air Travel
Consumer Report.
(d) INFO Center Staffing.--The Commissioner shall ensure that the
U.S. Customs and Border Protection INFO Center is adequately staffed in
order to limit caller wait times to shorter than 10 minutes. | Improving the Nation's Visitors' International Travel Experience Act of 2014 or INVITE Act of 2014 - Directs the Secretary of State and the Secretary of Homeland Security (DHS) to explore the feasibility of: (1) coordinating the enrollment and interview processes for individuals who are nationals of countries with which the United States has a reciprocal trusted traveler program agreement, applying simultaneously for a U.S. visa and global entry program enrollment, and collecting a single application fee from such applicants; and (2) coordinating the passport application and global entry program enrollment processes for eligible U.S. citizens. Amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to: (1) modify the model ports of entry program, including by increasing the number of program airports; and (2) direct U.S. Customs and Border Protection (CBP) to develop metrics to measure the program's performance. Directs the DHS Secretary to establish the model ports of entry grant program to award up to 10 grants to CBP-designated airports to improve the international arrival process at U.S. airports. Directs CBP to report to Congress each year: (1) regarding average passenger wait times and peak wait times for each month at each port of entry, and (2) describing efforts to develop new technologies and procedures to improve the passenger screening process at U.S. ports of entry. Directs the Secretary to collect and analyze traveler feedback to develop customer service best practices, ensure a welcoming environment, and improve the U.S. image. | INVITE Act of 2014 |
SECTION 1. SHORT TITLE.
This act may be cited as the ``Management and Conflict of Interest
Reform Amendments of 1993''.
SEC. 2. DEFINITIONS.
(a) Section 202 of the Depository Institution Management Interlocks
Act (12 U.S.C. 3201) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) the term `depository institution' means a commercial
bank, a foreign bank, a savings bank, a trust company, a
savings association, a building and loan association, a
homestead association, a cooperative bank, an industrial bank,
or a credit union;'';
(2) in paragraph (5), by striking ``and'';
(3) in paragraph (6), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(7) the term `outside counsel' means any individual who
is not a full time employee of the depository institution or
depository holding company and who receives compensation,
either directly or through a law firm, partnership, or
corporation, for legal services or advice rendered to the
depository institution or depository holding company or any of
its subsidiaries, affiliates, or holding companies;
``(8) the term `outside accountant' means any individual
who is not a full time employee of the depository institution
or depository holding company and who receives compensation,
either directly or through an accounting firm, partnership, or
corporation, for accounting services or advice rendered to the
depository institution or any of its subsidiaries, affiliates,
or holding companies;
``(9) the term `outside director' means an individual who
is a member of the board of directors who is not an employee or
officer with management functions of either the depository
institution or depository holding company, or any of its
subsidiaries, affiliates, or holding companies; and
``(10) the term `control' has the meaning given to such
term in section 2 of the Bank Holding Company Act of 1956 for
bank holding companies and section 10(a)(2) of the Home Owners'
Loan Act for savings and loan holding companies.''.
(b) Section 207(2) of the Depository Institution Management
Interlocks Act (12 U.S.C. 3206(2)) is amended to read as follows:
``(2) the Board of Governors of the Federal Reserve System
with respect to State banks which are members of the Federal
Reserve System, foreign banks, and bank holding companies,''.
SEC. 3. DUAL SERVICE OF OUTSIDE COUNSEL AND ACCOUNTANTS ON BOARD OF
DIRECTORS PROHIBITED.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) is amended by adding at the end the following new
section:
``SEC. 211. DUAL SERVICE OF OUTSIDE COUNSEL AND ACCOUNTANTS ON BOARD OF
DIRECTORS PROHIBITED.
``No individual who is an outside counsel or outside accountant of
a depository institution or a depository holding company may serve as a
member of board of directors of that depository institution or
depository holding company or any of its subsidiaries, affiliates, or
holding companies.''.
SEC. 4. OWNERSHIP DISCLOSURES TO BOARD OF DIRECTORS.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) (as amended by this act) is amended by adding at the end
the following new section:
``SEC. 212. OWNERSHIP DISCLOSURES TO BOARD OF DIRECTORS.
``Not less than once each calendar year each depository institution
and depository holding company shall provide to each member of its
board of directors, and to each member of the board of directors of any
depository institution or depository holding company it controls, a
list of the names and principal places of business of each individual
or company which directly or indirectly owns, controls, or has power to
vote 5 per centum or more of any class of voting securities of the
depository institution or depository holding company, and such other
information as the appropriate Federal depository institutions
regulatory agency shall prescribe by regulation.''.
SEC. 5. CHANGE IN CONTROL DISCLOSURES TO BOARD OF DIRECTORS.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) (as amended by this act) is amended by adding at the end
the following new section:
``SEC. 213. CHANGE IN CONTROL DISCLOSURES TO BOARD OF DIRECTORS.
``Each depository institution and depository holding company shall
provide to each member of its board of directors, and to each member of
the board of directors of any depository institution or depository
holding company it controls, with notice of any proposed change in
control of the parent depository institution or depository holding
company. Such notice shall contain such information as the appropriate
Federal depository institutions regulatory agency of the parent
depository institution or depository holding company shall prescribe by
regulation.''.
SEC. 6. BOARD OF DIRECTORS CONTROL BY OUTSIDE DIRECTORS.
The Depository Institution Management Interlocks Act (12 U.S.C.
3201 et seq.) (as amended by this act) is amended by adding at the end
the following new section:
``SEC. 214. BOARD OF DIRECTORS CONTROL BY OUTSIDE DIRECTORS.
``A majority of the voting members of the board of directors of
each depository institution and each depository holding company shall
be outside directors.''. | Management and Conflict of Interest Reform Amendments of 1993 - Amends the Depository Institution Management Interlocks Act to include foreign banks within the administrative and enforcement purview of the Board of Governors of the Federal Reserve System.
Prohibits an outside counsel or outside accountant of a depository institution or a depository holding company from serving as a member of the board of directors of such institution, holding company, or any of its subsidiaries, affiliates, or holding companies.
Requires each depository institution and depository holding company to provide to each member of its board of directors and each member of the board of directors of any depository institution or depository holding company it controls: (1) a list of the names and principal places of business of each individual or company which directly or indirectly owns, controls, or has power to vote five percent or more of any class of voting securities of such institution or holding company; and (2) a notice of any proposed change in control of the parent depository institution or depository holding company.
Requires a majority of the voting members of the board of directors of depository institutions and depository holding companies to be outside directors. | Management and Conflict of Interest Reform Amendments of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Patient Education Act
of 2013''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The American Cancer Society estimates that in 2013,
about 232,340 new cases of breast cancer will be diagnosed in
American women.
(2) Breast cancer has a disproportionate and detrimental
impact on African-American women and is the most common cancer
among Hispanic women.
(3) African-American women under the age of 40 have a
greater incidence of breast cancer than Caucasian women of the
same age.
(4) According to the Health Resources and Services
Administration, women residing in rural areas may have lower
rates of mammography screening compared to non-rural women
because of barriers to health care, such as greater distances
to medical facilities and lower educational, income, and health
insurance levels.
(5) Individuals undergoing surgery for breast cancer should
have the opportunity to give due consideration to the option of
breast reconstructive surgery, either at the same time as the
breast cancer surgery or at a later date.
(6) According to the American Cancer Society, immediate
breast reconstruction offers the advantage of combining the
breast cancer surgery with the reconstructive surgery and is
cost effective, while delayed breast reconstruction may be
advantageous in women who require post-surgical radiation or
other treatments.
(7) A woman who has had a breast removed may not be a
candidate for surgical breast reconstruction or may choose not
to undergo additional surgery and instead choose breast
prostheses.
(8) The Women's Health and Cancer Rights Act of 1998
(WHCRA; Public Law 105-277) requires health plans that offer
medical and surgical benefits with respect to a mastectomy to
also provide coverage for all stages of reconstruction of the
breast on which the mastectomy has been performed, surgery and
reconstruction of the other breast to produce a symmetrical
appearance, prostheses, and physical complications of
mastectomy, including lymphedemas.
(9) A 2007 study by Amy Alderman, M.D. at the University of
Michigan reported that up to 70 percent of women eligible for
breast reconstruction are not informed of their reconstructive
options by their general surgeon.
(10) A 2003 study by Alderman and others found that race is
a significant predictor of reconstruction. Compared with the
odds of reconstruction for Caucasians, the odds of
reconstruction for African-Americans, Hispanics, and Asians are
significantly less.
(11) A 2007 study by Caprice Greenberg, M.D. of the Dana
Farber Cancer Institute and others found that Hispanic patients
were less likely to receive reconstruction. This may be because
of language barriers between the patient and provider. Although
72 percent of patients who primarily spoke English went on to
receive reconstruction after discussing it with their
providers, no patient in the study with a primary language
other than English went on to receive reconstruction.
(12) A 2009 study by Alderman and others also found that
the relationship between race and reconstruction rates
persisted when demographic and clinical factors were controlled
for. Minority women are significantly less likely than
Caucasians to see a plastic surgeon before initial surgery,
were most likely to desire more information about
reconstruction, and satisfaction was lowest among minority
women without reconstruction.
(13) The low use of reconstruction for minorities is not
explained by lower demand for the procedure. Lower health
literacy, financial issues, and less access to plastic surgeons
emerged as barriers to reconstruction in the 2009 Alderman
study. These results suggest that there is a substantial unmet
need for information, especially among racial and ethnic
minority groups regarding reconstruction options and coverage
required by the Women's Health and Cancer Rights Act of 1998.
(14) A 2010 study by Warren H. Tseng, M.D. and others at
the University of California Davis found that patients from
rural areas are less likely to undergo breast reconstruction
following mastectomy for breast cancer than their urban
counterparts.
SEC. 3. BREAST RECONSTRUCTION EDUCATION.
Part V of title III of the Public Health Service Act (42 U.S.C.
280m; programs relating to breast health and cancer) is amended by
adding at the end the following:
``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.
``(a) In General.--The Secretary shall provide for the planning and
implementation of an education campaign to inform breast cancer
patients anticipating surgery regarding the availability and coverage
of breast reconstruction, prostheses, and other options, with a focus
on informing patients who are members of racial and ethnic minority
groups.
``(b) Information To Be Disseminated.--
``(1) Specific information.--Such campaign shall include
dissemination of the following information:
``(A) Breast reconstruction is possible at the time
of breast cancer surgery, or at a later time.
``(B) Prostheses or breast forms may be available.
``(C) Federal law mandates both public and private
health plans to include coverage of breast
reconstruction and prostheses.
``(D) The patient has a right to choose a provider
of reconstructive care, including the potential
transfer of care to a surgeon that provides breast
reconstructive care.
``(E) The patient may opt to undergo breast
reconstruction some time after the time of breast
cancer surgery for personal or medical reasons, during
treatment or after completion of all other breast
cancer treatments.
``(2) Other information.--In addition to the information
described in paragraph (1), such campaign may include
dissemination of such other information (whether developed by
the Secretary or by other entities) as the Secretary determines
relevant.
``(3) Required publication.--The information required to be
disseminated under paragraph (1) and any information
disseminated in accordance with paragraph (2) shall be posted
on the Internet Web sites of relevant Federal agencies,
including the Office of Women's Health, the Office of Minority
Health, and the Office of Rural Health Policy.
``(4) Restriction.--Such campaign shall not specify, or be
designed to serve as a tool to limit, the health care providers
available to patients.
``(c) Consultation.--In developing the information to be
disseminated under this section, the Secretary shall consult with
appropriate medical societies and patient advocates related to breast
cancer, breast reconstructive surgery, breast prostheses, and breast
forms and with patient advocates representing racial and ethnic
minority groups with a special emphasis on African-American and
Hispanic populations.
``(d) Definitions.--In this section, the terms `racial and ethnic
minority group' and `Hispanic' have the meanings given such terms in
section 1707.
``(e) Report.--Not later than 2 years after date of enactment of
the Breast Cancer Patient Education Act of 2013 and every 2 years
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report describing
the activities carried out under this section during the preceding 2
fiscal years, which shall include an evaluation of the extent to which
such activities have been effective in improving the health and well-
being of racial and ethnic minority groups.''. | Breast Cancer Patient Education Act of 2013 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery regarding the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. Requires such campaign to include dissemination of the following information: (1) breast reconstruction is possible at the time of breast cancer surgery or at a later time; (2) prostheses or breast forms may be available; (3) federal law mandates that both public and private health plans include coverage of breast reconstruction and prostheses; (4) the patient has a right to choose the provider of reconstructive care, including the potential transfer of care to a surgeon that provides breast reconstructive care; and (5) the patient may opt to undergo breast reconstruction at a time after surgery for personal or medical reasons during treatment or after completion of all other breast cancer treatments. Requires the information required to be disseminated by this Act to be posted on the Internet websites of relevant federal agencies, including the Office of Women's Health, the Office of Minority Health, and the Office of Rural Health Policy. Prohibits such campaign from specifying, or being designed to serve as a tool to limit, the health care providers available to patients. Requires biennial reports to Congress describing and evaluating the activities carried out under this Act. | Breast Cancer Patient Education Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Indian Transportation
Improvement Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal Government has a responsibility to promote
the general welfare of the United States by supporting
interstate, national, and international commerce through the
use of Federal resources to assist States, Indian tribes, and
local governments in the development and maintenance of
physical infrastructure, including roads, highways, byways,
bridges, and other transportation-related structures;
(2) there exists a unique legal and political relationship
between the United States and tribal governments and a unique
Federal responsibility to American Indians and Alaska Natives;
(3) under law and practice, the United States has
undertaken a trust responsibility to protect and preserve
Indian tribes, Indians, and tribal assets and resources;
(4) this Federal responsibility includes working with
tribal governments and their members to improve the condition
of the physical infrastructure used by tribes for their
economic well-being;
(5) the demonstrated need for improvements to physical
infrastructure on Indian land is acute, and the Federal
Government should assist in making the improvements and in
developing tribal and private mechanisms to achieve the goals
of economic self-sufficiency and political self-determination;
(6)(A) Indian tribes of the United States are served by
over 50,000 miles of roads nationwide;
(B) the road system of the Bureau of Indian Affairs
constitutes about 21,000 miles, or 42 percent, of roads serving
Indian tribes;
(C) State and county roads make up the largest percentage,
about 49 percent, of roads serving Indian tribes; and
(D) tribal roads account for approximately 5 percent, and
private and Federal roads (other than Bureau of Indian Affairs
roads) make up the small balance of approximately 4 percent, of
roads serving Indian tribes;
(7)(A) the Indian reservation roads program established
under the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240) is targeted at the Bureau of Indian
Affairs road system that constitutes less than \1/2\ of the
total mileage of roads on Indian reservations in the United
States;
(B) only 11 percent of the Bureau of Indian Affairs roads
are rated as being in good condition; and
(C) of the unpaved Bureau of Indian Affairs roads, 90
percent are known to be in poor condition and none of the
unpaved roads are rated as being in good condition;
(8)(A) annual funding of the Indian reservation roads
program, through the Highway Trust Fund, as authorized by the
Intermodal Surface Transportation Efficiency Act of 1991, has become
the major source of funding for new road construction on Indian land in
the United States;
(B) the Bureau of Indian Affairs road construction budget
has virtually vanished; and
(C) the Bureau of Indian Affairs continues to provide
minimal funding of about $25,000,000 per fiscal year for road
maintenance of its road system;
(9)(A) in the late 1950's, Bureau of Indian Affairs road
construction and maintenance funding reached a high of
$10,000,000 per fiscal year for the first time in history;
(B) by 1979, Bureau of Indian Affairs road budgets for
construction and maintenance reached their peak of almost
$80,000,000 per fiscal year, and then declined rapidly;
(C) in the Surface Transportation Assistance Act of 1982
(Public Law 97-424), the funding levels for the Indian
reservation roads program stabilized at about $100,000,000
through the Highway Trust Fund for each of fiscal years 1984
through 1986;
(D) the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (Public Law 100-17) reduced the annual
Highway Trust Fund authorization to $80,000,000 for each of
fiscal years 1987 through 1991; and
(E) in almost every fiscal year since fiscal year 1992, the
Indian reservation roads program has been funded at
$191,000,000 per fiscal year;
(10)(A) Indian reservation roads are needed to support
economic development activities, education, health, and
virtually every aspect of reservation life; and
(B) some of the most scenic highways in the United States
are on Indian reservations;
(11)(A) at current and historic levels of funding, Indian
road conditions continue to fall behind national standards; and
(B) to help alleviate some of the poor transportation
conditions on Indian reservations in the United States, there
is a need to increase the level of funding, from the Highway
Trust Fund, for the Indian reservation roads program to
$300,000,000 per fiscal year, from the current level of
$191,000,000 per fiscal year; and
(12) Federal assistance described in this section should be
provided in a manner that recognizes the rights of Indian self-
determination and self-governance by providing the assistance,
to the maximum extent practicable, directly to Indian tribal
governments.
SEC. 3. INDIAN RESERVATION ROADS.
(a) In General.--Section 1003(a)(6)(A) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
1919) is amended--
(1) by striking ``1992 and'' and inserting ``1992,''; and
(2) by inserting before the period at the end the
following: ``, $250,000,000 for fiscal year 1998, $275,000,000
for fiscal year 1999, and $300,000,000 for each of fiscal years
2000 through 2002''.
(b) Mass Transportation Services.--Section 1032(d) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 202
note; 105 Stat. 1975) is amended by inserting before the period at the
end the following: ``and not more than 3 percent of the funds allocated
for Indian reservation roads for a fiscal year may be used for
providing mass transportation services to Indian tribes''.
(c) Maintenance.--Section 204(b) of title 23, United States Code,
is amended in the second sentence by inserting before the period at the
end the following: ``and, in the case of Indian reservation roads,
maintenance thereof''.
SEC. 4. APPORTIONMENT ADJUSTMENTS.
Section 1015 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943) is amended--
(1) by striking ``1997'' each place it appears and
inserting ``2002''; and
(2) in subsection (a)(1), by inserting after ``Federal
lands highways program'' the following: ``(other than funds for
a public land highway constructed on an Indian reservation)''.
SEC. 5. SCENIC BYWAYS PROGRAM.
Section 1047 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1996) is amended--
(1) in subsection (b)--
(A) by inserting ``and Indian tribes'' after ``the
States'' each place it appears;
(B) by striking ``term is'' and inserting ``terms
are''; and
(C) by inserting ``or Indian tribe'' after
``State'';
(2) in subsection (c), by inserting ``or Indian tribe''
after ``State''; and
(3) in subsection (d)--
(A) in the first sentence--
(i) by striking ``There'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), there''; and
(ii) by striking ``1995, 1996, and 1997''
and inserting ``1995 through 2002''; and
(B) by adding at the end the following:
``(2) Indian tribes.--Not less than 1 percent of the funds
made available to the Secretary for a fiscal year under
paragraph (1) shall be used by the Secretary to make
competitive grants to Indian tribes for the planning, design,
and development of Indian tribe scenic byway programs.''.
SEC. 6. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended by
inserting after the undesignated paragraph defining ``Indian
reservation roads'' the following:
``The term `Indian tribal transportation department' means the
department, commission, board, or member of an Indian tribe that is
charged by its laws with the responsibility for highway construction.
``The term `Indian tribe' has the meaning given the term in section
4 of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
SEC. 7. CERTIFICATION ACCEPTANCE.
Section 117(a) of title 23, United States Code, is amended--
(1) by inserting ``or Indian tribe'' after ``any State''
each place it appears;
(2) by inserting ``or Indian tribal transportation
department'' after ``State highway department''; and
(3) by inserting ``or tribal'' after ``with State''.
SEC. 8. TRANSPORTATION ENHANCEMENT ACTIVITIES.
Section 133(d)(2) of title 23, United States Code, is amended--
(1) by striking ``10 percent'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), 10
percent''; and
(2) by adding at the end the following:
``(B) Indian tribes.--Not less than 1 percent of
the funds made available to a State for a fiscal year
under subparagraph (A) shall be transferred to, and used by, the
Secretary to make competitive grants to Indian tribes for
transportation enhancement activities.''.
SEC. 9. INDIAN RESERVATION BRIDGES.
Section 144(g) of title 23, United States Code, is amended by
striking paragraph (4) and inserting the following:
``(4) Indian reservation bridges.--Notwithstanding
subsection (e), an amount equal to 1 percent of the highway
bridge replacement and rehabilitation program funds available
to be apportioned to States under this section shall be
allocated to the Secretary for projects to replace,
rehabilitate, paint, or apply calcium magnesium acetate to
highway bridges that are part of the Indian reservation road
system, with priority given to bridges with the highest level
of deficiency (as determined in accordance with the National
Bridge Inspection Standards of the Bureau of Indian
Affairs).''.
SEC. 10. INDIAN TECHNICAL CENTERS.
Section 326(c) of title 23, United States Code, is amended in the
second sentence--
(1) by striking ``$6,000,000 per fiscal year for each of
the fiscal years 1992, 1993, 1994, 1995, 1996, and 1997'' and
inserting ``$10,800,000 for each of fiscal years 1992 through
2002''; and
(2) by inserting before the period at the end the
following: ``and including at least $1,000,000 per fiscal year
for each of the Indian technical centers established under
subsection (b)''.
SEC. 11. HIGHWAY SAFETY PROGRAMS.
Section 402(i) of title 23, United States Code, is amended--
(1) by striking ``and `political subdivision of a State'
includes'' and inserting ``and''; and
(2) in the first proviso, by striking ``to the Secretary of
the Interior'' and inserting ``for Indian tribes''.
SEC. 12. MASS TRANSIT SET-ASIDE.
Section 5338(h) of title 49, United States Code, is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``and''; and
(3) by adding at the end the following:
``(4) not less than 1.0 percent is available for
transportation services to Indian tribes--
``(A) under an allocation formula, which shall be
established by the Secretary of Transportation through
negotiations with Indian tribes; and
``(B) with respect to any fiscal year commencing
before the formula is established under subparagraph
(A), under an allocation formula established by the
Administrator of the Federal Transit Administration of
the Department of Transportation.''. | American Indian Transportation Improvement Act of 1997 - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to: (1) extend and increase through FY 2002 the authorization of appropriations for Indian reservation roads under the Federal lands highway program; (2) permit up to three percent of the funds allocated for Indian reservation roads for a fiscal year to be used for providing mass transportation services to Indian tribes; and (3) exclude funds made available under the Federal lands highway program for a public land highway constructed on an Indian reservation from the apportionment adjustments, hold harmless provisions.
(Sec. 5) Revises requirements regarding the scenic byway programs to: (1) require the Secretary of Transportation to provide technical assistance and make grants to Indian tribes for the planning and development of Indian tribe scenic byway programs; (2) provide for a Federal share of 80 percent for the costs of planning and development of Indian tribe scenic byway programs; and (3) extend such programs through FY 2002, requiring that not less than one percent of funds made available for a fiscal year be used to make competitive grants to Indian tribes for the planning and development of Indian tribe scenic byway programs.
(Sec. 6) Amends Federal law concerning highways to define the terms: (1) "Indian tribal transportation department"; and (2) "Indian tribe."
(Sec. 7) Revises the requirement regarding acceptance by the Secretary of certification relating to certain highway or other transportation construction projects to include Indian tribes.
(Sec. 8) Revises the requirement regarding the allocation of apportioned funds for highway safety programs to require that not less than one percent of the ten percent of funds made available to a State under the surface transportation program for transportation enhancement activities for a fiscal year be transferred to, and used by, the Secretary to make competitive grants to Indian tribes for transportation enhancement activities.
(Sec. 9) Repeals requirements regarding set asides for Indian reservation bridges under the highway bridge replacement and rehabilitation program. Replaces them with a requirement providing for an amount equal to one percent of the highway bridge replacement and rehabilitation program funds available to be apportioned to States, to be allocated to the Secretary for projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges that are part of the Indian reservation road system, with priority given to bridges with the highest level of deficiency.
(Sec. 10) Revises the requirement with respect to the set aside for technical assistance centers to: (1) extend and increase through FY 2002 the amount of funding set aside for technical and financial support for such centers; and (2) require that the set aside amount include at least $1 million per fiscal year for each of the Indian technical centers established.
(Sec. 11) Revises requirements relating to highway safety programs to: (1) remove reference to "political subdivision of a State" with respect to the application of the requirements on Indian reservations; and (2) require that 95 percent of funds for highway safety programs on Indian reservations be apportioned to Indian tribes (currently such funds are apportioned to the Secretary of the Interior).
(Sec. 12) Amends Federal law concerning transportation to revise the requirement relating to the set-asides from the Mass Transit Account of the Highway Trust Fund to require that not less than one percent is available for transportation services to Indian tribes: (1) under an allocation formula, to be established by the Secretary through negotiations with Indian tribes; and (2) with respect to any fiscal year commencing before the formula is established, under an allocation formula established by the Administrator of the Federal Transit Administration. | American Indian Transportation Improvement Act of 1997 |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986.
(a) Short Title.--This Act may be cited as the ``Earned Income Tax
Credit Fraud Prevention Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. EARNED INCOME CREDIT DENIED TO INDIVIDUALS NOT AUTHORIZED TO BE
EMPLOYED IN THE UNITED STATES.
(a) In General.--Section 32(c)(1) (relating to individuals eligible
to claim the earned income tax credit) is amended by adding at the end
the following new subparagraph:
``(F) Identification number requirement.--The term
`eligible individual' does not include any individual
who does not include on the return of tax for the
taxable year--
``(i) such individual's taxpayer
identification number, and
``(ii) if the individual is married (within
the meaning of section 7703), the taxpayer
identification number of such individual's
spouse.''.
(b) Special Identification Number.--Section 32 is amended by adding
at the end the following new subsection:
``(l) Identification Numbers.--Solely for purposes of paragraphs
(1)(F) and (3)(D) of subsection (c), a taxpayer identification number
means a social security number issued to an individual by the Social
Security Administration (other than a social security number issued
pursuant to clause (II) (or that portion of clause (III) that relates
to clause (II)) of section 205(c)(2)(B)(i) of the Social Security
Act).''.
(c) Extension of Procedures Applicable to Mathematical or Clerical
Errors.--Section 6213(g)(2) (relating to the definition of mathematical
or clerical errors) is amended by striking ``and' at the end of
subparagraph (D), by striking the period at the end of subparagraph (E)
and inserting ``, and'', and by inserting after subparagraph (E) the
following new subparagraph:
``(F) an omission of a correct taxpayer
identification number required under section 23
(relating to credit for families with younger children)
or section 32 (relating to the earned income tax
credit) to be included on a return.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 3. REPEAL OF EARNED INCOME CREDIT FOR INDIVIDUALS WITHOUT
CHILDREN.
(a) In General.--Subparagraph (A) of section 32(c)(1) (defining
eligible individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means any individual who has a qualifying child for the
taxable year.''.
(b) Conforming Amendments.--Each of the tables contained in
paragraphs (1) and (2) of section 32(b) are amended by striking the
items relating to no qualifying children.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 4. DECREASE IN EARNED INCOME CREDIT AMOUNTS AND PHASEOUT RANGES.
(a) Decrease in Credit Rate.--
(1) In general.--Subsection (b) of section 32, as amended
by section 3(b), is amended to read as follows:
``(b) Percentages.--
``(1) In general.--The credit percentage and the phaseout
percentage shall be determined as follows:
``In the case of an eligible individual with: The credit percentage is: The phaseout percentage is:
1 qualifying child............................. 34............................ 15.98
2 or more qualifying children.................. 36............................ 20.22
In the case of taxable years beginning in 1996, the credit
percentage for eligible individuals with 2 or more qualifying
children shall be 35 percent.
``(2) Amounts.--The earned income amount and the phaseout
amount shall be determined as follows:
``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 children.................. $8,425........................ $11,000.''.
(2) Conforming amendment.--Paragraph (1) of section 32(i)
is amended by striking ``subsection (b)(2)(A)'' and inserting
``subsection (b)(2)''.
(b) Inflation Adjustments Terminated.--Section 32(j) (relating to
inflation adjustments) is amended by adding at the end the following
new paragraph:
``(3) Termination.--This subsection shall not apply to any
taxable year beginning after December 31, 1995.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 5. RULES RELATING TO DENIAL OF EARNED INCOME CREDIT ON BASIS OF
DISQUALIFIED INCOME.
(a) Definition of Disqualified Income.--Paragraph (2) of section
32(i) (defining disqualified income) is amended by striking ``and'' at
the end of subparagraph (B), by striking the period at the end of
subparagraph (C) and inserting ``, and'' and by adding at the end the
following new subparagraphs:
``(D) capital gain net income,
``(E) the excess (if any) of--
``(i) the aggregate income from all passive
activities for the taxable year (determined
without regard to any amount described in a
preceding subparagraph), over
``(ii) the aggregate losses from all
passive activities for the taxable year (as so
determined), and
``(F) amounts includible in gross income under
section 652 or 662 for the taxable year to the extent
not taken into account under any preceding
subparagraph.
For purposes of subparagraph (E), the term `passive activity'
has the meaning given such term by section 469.''.
(b) Decrease in Amount of Disqualified Income Allowed.--Paragraph
(1) of section 32(i) (relating to denial of credit) is amended by
striking ``$2,350'' and inserting ``$1,000''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 6. MODIFICATION OF ADJUSTED GROSS INCOME DEFINITION FOR EARNED
INCOME CREDIT.
(a) In General.--Subparagraph (B) of section 32(a)(2) (relating to
limitation) is amended by striking ``adjusted gross income'' and
inserting ``modified adjusted gross income''.
(b) Modified Adjusted Gross Income Defined.--Section 32(c)
(relating to definitions and special rules) is amended by adding at the
end the following new paragraph:
``(5) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income, increased
by the sum of--
``(A) social security benefits (as defined in
section 86(d)) received to the extent not includible in
gross income,
``(B) amounts received by (or on behalf of) a
spouse pursuant to a divorce or separation instrument
(as defined in section 71(b)(2)) which, under the terms
of the instrument, are fixed as payable for the support
of the children of the payor spouse (as determined
under section 71(c)),
``(C) interest received or accrued during the
taxable year which is exempt from tax imposed by this
chapter, and
``(D) any amount received by a participant or
beneficiary under a qualified retirement plan (as
defined in section 4974(c)) to the extent not
includible in gross income.
Subparagraph (D) shall not apply to any amount received if the
recipient transfers such amount in a rollover contribution
described in section 402(c), 403(a)(4), 403(b)(8), or
408(d)(3).''
(c) Study.--The Secretary of the Treasury shall conduct a study of
the Federal tax treatment of child support payments to determine
whether or not changes in such treatment are necessary. The Secretary
shall report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives the results
of the study, including recommendations (if any) which the Secretary
determines appropriate to encourage payment of child support
liabilities by parents and to make both parents more responsible for a
child's economic well-being.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
SEC. 7. EARNED INCOME CREDIT NOT ALLOWED UNTIL RECEIPT OF EMPLOYER'S
WITHHOLDING STATEMENT.
(a) In General.--Section 6401(b) (relating to excessive credits
treated as overpayments) is amended by adding at the end the following
new paragraph:
``(3) Special rule for earned income credit.--For purposes
of paragraph (1), the earned income credit allowed under
section 32 shall not be treated as a credit allowable under
subpart C of part IV of subchapter A of chapter 1 unless the
Secretary is able to verify the amount of such credit by
comparing it with--
``(A) information returns filed with the Secretary
under section 6051(d) by employees of the individual
claiming the credit,
``(B) self-employment tax returns filed with the
Secretary under section 6017, or
``(C) both.
The preceding sentence shall apply to any advanced payment of
the earned income credit under section 3507.''
(b) Effective Date; Study.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 1996.
(2) Study.--The Secretary of the Treasury shall conduct a
study to determine the delays (if any) which would result in
the processing of Federal income tax returns by reason of the
amendment made by this section. Not later than 1 year after the
date of the enactment of this Act, the Secretary shall report
the results of the study to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives, including recommendations (if any) on ways to
shorten any delay.
SEC. 8. PREVENTION OF FRAUD IN ELECTRONIC RETURNS.
(a) In General.--The Secretary of the Treasury shall provide that
any person applying to be an electronic return originator on or after
the date of the enactment of this Act shall not be approved unless the
applicant provides fingerprints and credit information to the
satisfaction of the Secretary.
(b) Past Applicants.--The Secretary of the Treasury shall apply the
requirements described in subsection (a) to electronic return
originators whose applications were approved before the date of the
enactment of this Act without fingerprints and credit check information
being provided. | Earned Income Tax Credit Fraud Prevention Act - Amends the Internal Revenue Code to define "eligible individual," for earned income credit (EIC) provisions, to exclude any individual who does not include on their return their taxpayer identification number (TIN) and, if married, the TIN of their spouse. Adds to the definition of "mathematical or clerical error," for provisions relating to restrictions applicable to deficiencies and petitions to Tax Court, references to omission of a TIN required by provisions relating to credit for families with younger children or to the EIC.
Removes individuals without children from eligibility for the EIC. Modifies credit and phaseout percentages.
Terminates, on a specified date, provisions providing for inflation adjustments in the earned income amount and the phaseout amount.
Adds to the types of income that, if their aggregate exceeds a specified amount, will deny EIC: (1) capital gain net income; (2) certain income from passive activities; and (3) amounts includible in gross income under provisions relating to beneficiaries of estates and trusts. Lowers the aggregate limit.
Modifies the definition of adjusted gross income for purposes of the maximum limit on EIC.
Mandates a study and report to specified congressional committees on the Federal tax treatment of child support payments to determine whether changes are necessary.
Prohibits considering EIC as an allowable credit, for provisions requiring that excess credits be considered overpayments, unless the EIC can be verified by comparing it with information returns filed by employees of the individual claiming the credit or with self-employment returns. Applies this paragraph to any advanced payment of the EIC under specified provisions. Mandates a study and report to specified congressional committees on the delays (if any) that would result in the processing of Federal income tax returns because of the amendment made by this paragraph.
Prohibits approving the application of any person to be an electronic return originator unless the applicant provides fingerprints and credit information. Applies these requirements to originators whose applications were approved before enactment of this Act. | Earned Income Tax Credit Fraud Prevention Act |
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sterling Forest Protection Act of
1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Palisades Interstate Park Commission was
established pursuant to a joint resolution of the 75th Congress
approved in 1937 (Public Resolution No. 65; ch. 706; 50 Stat.
719), and chapter 170 of the Laws of 1937 of the State of New
York and chapter 148 of the Laws of 1937 of the State of New
Jersey;
(2) the Palisades Interstate Park Commission is responsible
for the management of 23 parks and historic sites in New York
and New Jersey, comprising over 82,000 acres;
(3) over 8 million visitors annually seek outdoor
recreational opportunities within the Palisades Park System;
(4) Sterling Forest is a biologically diverse open space on
the New Jersey border comprising approximately 17,500 acres,
and is a highly significant watershed area for the State of New
Jersey, providing the source for clean drinking water for 25
percent of the State;
(5) Sterling Forest is an important outdoor recreational
asset in the northeastern United States, within the most
densely populated metropolitan region in the Nation;
(6) Sterling Forest supports a mixture of hardwood forests,
wetlands, lakes, glaciated valleys, is strategically located on
a wildlife migratory route, and provides important habitat for
27 rare or endangered species;
(7) the protection of Sterling Forest would greatly enhance
the Appalachian National Scenic Trail, a portion of which
passes through Sterling Forest, and would provide for enhanced
recreational opportunities through the protection of lands
which are an integral element of the trail and which would
protect important trail viewsheds;
(8) stewardship and management costs for units of the
Palisades Park System are paid for by the States of New York
and New Jersey; thus, the protection of Sterling Forest through
the Palisades Interstate Park Commission will involve a minimum
of Federal funds; and
(9) given the nationally significant watershed, outdoor
recreational, and wildlife qualities of Sterling Forest; the
demand for open space in the northeastern United States; the
lack of open space in the densely populated Tri-State region;
there is a clear Federal interest in acquiring the Sterling
Forest for permanent protection of the watershed, outdoor
recreational, flora and fauna, and open space; which is a cost
effective investment compared to the costs which would be
required to protect drinking water for the region should the
Sterling Forest be developed.
SEC. 3. PURPOSES.
Subject to the requirements of this Act, the purposes of this Act
are--
(1) to establish the Sterling Forest Reserve in the State
of New York to protect the significant watershed, wildlife, and
recreational resources within the New York-New Jersey highlands
region;
(2) to authorize Federal funding, through the Department of
the Interior, for a portion of the acquisition costs for the
Sterling Forest Reserve;
(3) to direct the Palisades Interstate Park Commission to
convey to the Secretary of the Interior certain interests in
lands acquired within the Reserve; and
(4) to provide for the management of the Sterling Forest
Reserve by the Palisades Interstate Park Commission.
SEC. 4. DEFINITIONS.
As used in this Act, the term--
(1) ``Commission'' means the Palisades Interstate Park
Commission established pursuant to Public Resolution No. 65
approved August 19, 1937 (ch. 707; 50 Stat. 719);
(2) ``Reserve'' means the Sterling Forest Reserve; and
(3) ``Secretary'' means the Secretary of the Interior.
SEC. 5. ESTABLISHMENT OF THE STERLING FOREST RESERVE.
(a) Establishment.--Upon the certification by the Commission to the
Secretary that the Commission has acquired sufficient lands or
interests therein to constitute a manageable unit, there is hereby
established the Sterling Forest Reserve in the State of New York.
(b) Map.--(1) The Reserve shall consist of lands and interests
therein acquired by the Commission within the approximately 17,500
acres of lands as generally depicted on the map entitled ``Boundary
Map, Sterling Forest Reserve, numbered SFR-60,001 and dated July 1,
1994.
(2) The map referred to in paragraph (1) shall be on file and
available for public inspection in the offices of the Commission and
the appropriate offices of the National Park Service, Department of the
Interior.
(c) Transfer of Funds.--Subject to the conditions set forth in
subsection (d), the Secretary shall transfer to the Commission such
funds as are appropriated for the acquisition of lands and interests
therein within the Reserve.
(d) Conditions of Funding.--(1) Prior to the receipt of any Federal
funds authorized by this Act, the Commission shall agree to the
following terms and conditions:
(A) If the Commission fails to manage the lands acquired
within the Reserve in a manner consistent with this Act, the
Commission shall convey fee title to such lands to the United
States. Such agreement to convey to the United States shall be
recorded at the time of purchase.
(B) No lands or interests therein may be acquired with any
Federal funds authorized or transferred pursuant to this Act
except with the consent of the owner thereof.
(C) If the Commission is unable to acquire all of the lands
within the Reserve, to the extent Federal funds are utilized
pursuant to this Act, the Commission shall acquire all or a
portion of the lands identified as ``National Park Service
Wilderness Easement Lands'' and ``National Park Service
Conservation Easement Lands'' on the map referred to in section
5(b) before proceeding with the acquisition of any other lands
within the Reserve.
(D) Within 30 days after acquiring the lands identified as
``National Park Service Wilderness Easement Lands'' and
``National Park Service Conservation Easement Lands'' on the
map referred to in section 5(b), the Commission shall convey to
the United States the following:
(i) Conservation easement(s) on those lands
described as ``National Park Service Wilderness
Easement Lands'' on the map referred to in section
5(b). Such easement(s) shall provide that the lands
shall be managed to protect their wilderness character.
(ii) Conservation easement(s) on those lands
described as ``National Park Service Conservation
Easement Lands'' on the map referred to in section
5(b). Such easement(s) shall restrict and limit
development and use of the property to that compatible
with the protection of the Appalachian National Scenic
Trail. Any such development and use shall be consistent
with the general management plan prepared pursuant to
section 6(b).
(2) Funds may be transferred to the Commission only to the extent
that they are matched from funds contributed by non-Federal sources.
SEC. 6. MANAGEMENT OF THE RESERVE.
(a) In General.--The Commission shall manage the lands acquired
within the Reserve in a manner consistent with the Commission's
authorities and with the purposes of this Act.
(b) General Management Plan.--Within 3 years after the date of
enactment of this Act, the Commission shall prepare a general
management plan for the Reserve, and shall submit such plan to the
Secretary for approval.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Except as provided in subsection (b), there is
authorized to be appropriated such sums as may be necessary to carry
out this Act, to remain available until expended.
(b) Land Acquisition.--Not more than $17,500,000 may be
appropriated to the Secretary for transfer to the Commission for the
acquisition of lands and interests therein within the Reserve. | Sterling Forest Protection Act of 1994 - Establishes the Sterling Forest Reserve, New York, upon certification by the Palisades Interstate Park Commission to the Secretary of the Interior that the Commission has acquired sufficient lands or interests therein to constitute a manageable unit.
Sets forth provisions regarding: (1) Reserve boundaries; (2) the transfer of funds to the Commission for land acquisition; and (3) conditions of funding (including provision for specified conservation easements and that funds may be transferred to the Commission only to the extent that they are matched from funds contributed by non-Federal sources).
Directs the Commission to: (1) manage the lands acquired within the Reserve in a manner consistent with the Commission's authorities and the protection of significant watershed, wildlife and recreational resources within the New York-New Jersey highlands region; and (2) prepare a general management plan for the Reserve, to be submitted to the Secretary for approval.
Authorizes appropriations. Limits the amount that may be appropriated to the Secretary for transfer to the Commission for the acquisition of lands and interests therein within the Reserve. | Sterling Forest Protection Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bonus Depreciation and Small
Business Expense Extension Act''.
SEC. 2. EXTENSION OF BONUS DEPRECIATION; TEMPORARY 100 PERCENT
EXPENSING FOR CERTAIN BUSINESS ASSETS.
(a) In General.--Paragraph (2) of section 168(k) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``January 1, 2014'' in subparagraph (A)(iv)
and inserting ``January 1, 2015'', and
(2) by striking ``January 1, 2013'' each place it appears
and inserting ``January 1, 2014''.
(b) Temporary 100 Percent Expensing.--Paragraph (5) of section
168(k) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``2013'' and inserting ``2014'', and
(2) by striking ``2012'' each place it appears in the text
and heading and inserting ``2013''.
(c) Extension of Election To Accelerate the AMT Credit in Lieu of
Bonus Depreciation.--
(1) In general.--Subclause (II) of section
168(k)(4)(D)(iii) of the Internal Revenue Code of 1986 is
amended by striking ``2013'' and inserting ``2014''.
(2) Round 3 extension property.--Paragraph (4) of section
168(k) of such Code is amended by adding at the end the
following new subparagraph:
``(J) Special rules for round 3 extension
property.--
``(i) In general.--In the case of round 3
extension property, this paragraph shall be
applied without regard to--
``(I) the limitation described in
subparagraph (B)(i) thereof, and
``(II) the business credit increase
amount under subparagraph (E)(iii)
thereof.
``(ii) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008, a taxpayer who made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, or a taxpayer
who made the election under subparagraph
(I)(iii) for its first taxable year ending
after December 31, 2010--
``(I) the taxpayer may elect not to
have this paragraph apply to round 3
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer the bonus depreciation amount,
maximum amount, and maximum increase
amount shall be computed and applied to
eligible qualified property which is
round 3 extension property.
The amounts described in subclause (II) shall
be computed separately from any amounts
computed with respect to eligible qualified
property which is not round 2 extension
property.
``(iii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
neither made the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008, nor made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, nor made the
election under subparagraph (I)(iii) for its
first taxable year ending after December 31,
2010--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2011, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is round 3
extension property.
``(iv) Round 3 extension property.--For
purposes of this subparagraph, the term `round
3 extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 2(a) of the Bonus
Depreciation and Small Business Expense
Extension Act (and the application of such
extension to this paragraph pursuant to the
amendment made by section 2(c)(1) of such
Act).''.
(d) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 of the
Internal Revenue Code of 1986 is amended by striking ``January
1, 2013'' and inserting ``January 1, 2014''.
(2) The heading for clause (ii) of section 168(k)(2)(B) of
such Code is amended by striking ``pre-january 1, 2013'' and
inserting ``pre-january 1, 2014''.
(3) Paragraph (5) of section 168(l) of such Code is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (C) as
subparagraph (B), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) by substituting `January 1, 2013' for
`January 1, 2014' in clause (i) thereof, and''.
(4) Subparagraph (C) of section 168(n)(2) of such Code is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(5) Subparagraph (D) of section 1400L(b)(2) of such Code is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(6) Subparagraph (B) of section 1400N(d)(3) of such Code is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(e) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2011, in taxable
years ending after such date.
SEC. 3. EXTENSION OF INCREASED EXPENSING LIMITATIONS FOR CERTAIN
DEPRECIABLE BUSINESS ASSETS AND TREATMENT OF CERTAIN REAL
PROPERTY AS SECTION 179 PROPERTY.
(a) In General.--Section 179(b) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``2010 or 2011'' each place it appears in
paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, or
2012'',
(2) by striking ``2012'' each place it appears in paragraph
(1)(C) and (2)(C) and inserting ``2013'', and
(3) by striking ``2012'' each place it appears in paragraph
(1)(D) and (2)(D) and inserting ``2013''.
(b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) of
the Internal Revenue Code of 1986 is amended by striking ``2012'' and
inserting ``2013''.
(c) Computer Software.--Section 179(d)(1)(A)(ii) of the Internal
Revenue Code of 1986 is amended by striking ``2013'' and inserting
``2014''.
(d) Election.--Section 179(c)(2) of the Internal Revenue Code of
1986 is amended by striking ``2013'' and inserting ``2014''.
(e) Special Rules for Treatment of Qualified Real Property.--
Section 179(f)(1) of the Internal Revenue Code of 1986 is amended by
striking ``2010 or 2011'' and inserting ``2010, 2011, or 2012''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011. | Bonus Depreciation and Small Business Expense Extension Act - Amends the Internal Revenue Code to extend for one year: (1) bonus depreciation; (2) the 100% expensing allowance for depreciable business assets; (3) the election to accelerate the alternative minimum tax (AMT) credit in lieu of bonus depreciation; and (4) the increased expensing allowance for tangible real and personal property, including computer software and leasehold, restaurant, and retail improvement property. | A bill to amend the Internal Revenue Code of 1986 to extend for 1 year the allowance for bonus depreciation and the increased expensing limitations for depreciable business assets. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regional Investments for National
Growth Act of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the economic infrastructure of metropolitan regions
assists businesses in those regions in providing quality goods
and services at a low cost;
(2) maintaining and improving the economic infrastructure
of metropolitan regions is essential for the success of the
Nation in the world economy; and
(3) building efficient transportation links within and
between metropolitan regions is critical to that economic
infrastructure.
SEC. 3. REGIONAL INVESTMENTS FOR NATIONAL GROWTH PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
a regional investments for national growth program (hereinafter in this
section referred to as the ``RING program'') for the purpose of
identifying and funding large multi-State and regional transportation
projects that are essential to the global competitiveness of the United
States.
(b) Eligible Projects.--
(1) In general.--Regional transportation infrastructure
investments that include participation by two or more States or
public authorities representing two or more States, or improve
access to international commerce centers such as ports,
commercial aviation facilities, and major rail terminals, and
meets the requirements of paragraph (2), shall be eligible for
funding under the RING program.
(2) Requirements.--In order to be eligible for funding
under the RING program, a project shall--
(A) support the economic growth of the Nation
through improved movement of people and goods;
(B) improve intermodal connections by increasing
access to ports, airports, rail terminals, distribution
centers, or other passenger or freight rail hubs;
(C) address capacity constraints that hamper the
movement of people and goods between States or
metropolitan regions;
(D) contribute to the global competitiveness of the
United States; and
(E) not be currently funded for construction.
(c) Selection Process.--
(1) Solicitation of proposals.--Within 6 months of the date
of the enactment of this Act, the Secretary of Transportation
shall solicit proposals for projects to be carried out under
the RING program. Any State, multi-State region, or multi-State
agency may submit a proposal.
(2) Recommended projects.--Within 2 years of such date of
enactment, the Secretary shall transmit a report to Congress
recommending eligible projects.
(3) Final proposals.--Within 1 year of the date of issuance
of the report under paragraph (2), sponsors of those projects
recommended as eligible shall submit a final proposal to the
Secretary.
(4) Ranking of projects.--Within 6 months of receiving
final proposals, the Secretary shall transmit a report to
Congress ranking the projects in priority order.
(d) Selection Criteria.--In considering projects for inclusion in
the report required by subsection (c)(2), the Secretary shall consider
the following criteria:
(1) Time savings for both goods and people.
(2) Volume of goods and number of users affected.
(3) Reduction in costs of goods movement.
(4) Relief the project provides to capacity
limitations of existing infrastructure.
(5) Benefits for multi-State facilities and
operations.
(6) Promotion of efficient multi-modal usage.
(7) Level of State, local, and regional financial
support for the project.
(8) Private sector funding opportunities.
(e) Funding Eligibility.--
(1) Project proposal funding.--Those projects included by
the Secretary in the report required by subsection (c)(2) shall
be eligible to receive project proposal funding under the RING
program.
(2) Design and engineering funding.--Those projects
included by the Secretary in the report required by subsection
(c)(4) shall be eligible to receive design and engineering
funding under the RING program.
(f) Reimbursement for Planning and Design.--Projects included by
the Secretary in the report required by subsection (c)(2) shall also be
eligible for reimbursement of funds for planning and design which have
been expended prior to the issuance of such report.
(g) Federal Share.--The Federal share of the eligible costs of a
project under the RING program shall not exceed 75 percent.
(h) Relationship to Other Laws.--All projects receiving assistance
under this section shall comply with other laws governing
transportation projects and programs, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(i) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section. | Regional Investments for National Growth Act of 1997 - Directs the Secretary of Transportation to establish a regional investments for national growth program (RING program) in order to identify and fund large multi-State and regional transportation projects that are essential to global U.S. competitiveness. Makes eligible for funding under the RING program any regional transportation infrastructure investments that include participation by two or more States or public authorities representing two or more States, or that improve access to international commerce centers such as ports, commercial aviation facilities, and major rail terminals, and meet specified requirements. Authorizes appropriations. | Regional Investments for National Growth Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian River Lagoon Nutrient Removal
Assistance Act of 2014''.
SEC. 2. INDIAN RIVER LAGOON NUTRIENT REMOVAL ASSISTANCE GRANT PROGRAM.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall establish an Indian River Lagoon Nutrient
Removal Assistance Grant Program (in this section referred to as the
``Program'') to assist projects related to the protection and
restoration of the Indian River Lagoon in Florida.
(b) Grant Authority.--In carrying out the Program, the
Administrator may make a grant, on a competitive basis, to any of the
following:
(1) A State government entity.
(2) A local government entity.
(3) A nonprofit organization.
(4) The Indian River Lagoon Program.
(c) Applications.--To be eligible for a grant under the Program, an
entity specified in subsection (b) shall submit to the Administrator an
application with respect to a proposed project at such time, in such
form, and containing such information as the Administrator determines
is appropriate, which shall include at least a description of the
proposed project and the communities to be served by the proposed
project.
(d) Selection Criteria.--The Administrator shall issue regulations
with respect to the criteria to be utilized to select projects for
grants under the Program, which shall prioritize projects that--
(1) produce the greatest nutrient load reductions;
(2) result in the greatest environmental benefits to the
Indian River Lagoon; and
(3) advance the goals and objectives of the comprehensive
plan.
(e) Consultation.--In selecting projects for grants under the
Program, the Administrator shall consult with--
(1) the Indian River Lagoon Program;
(2) the State of Florida and local governments in the
Indian River Lagoon watershed; and
(3) other relevant stakeholders involved with the
protection and restoration of the Indian River Lagoon.
(f) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project assisted with a grant
under the Program shall be 75 percent.
(2) Exception.--At the request of a grant recipient, the
recipient may lower the Federal share of the cost for a project
carried out by the recipient to an amount that is less than 75
percent.
(g) Definitions.--In this section, the following definitions apply:
(1) Comprehensive plan.--The term ``comprehensive plan''
means--
(A) the conservation and management plan approved
under section 320 of the Federal Water Pollution
Control Act (33 U.S.C. 1330) for the Indian River
Lagoon; and
(B) any amendments to that plan.
(2) Indian river lagoon program.--The term ``Indian River
Lagoon Program'' means the Indian River Lagoon National Estuary
Program convened as the management conference under section 320
of the Federal Water Pollution Control Act (33 U.S.C. 1330) for
the Indian River Lagoon, and includes the Policy Board,
Management Committee, Technical Advisory Committee, and
Citizens Advisory Committee of that Program.
(h) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Administrator to carry out the Program each fiscal year the
amounts available in the Indian River Lagoon Nutrient Removal
Assistance Trust Fund established under section 9512 of the
Internal Revenue Code of 1986.
(2) Administrative expenses.--The Administrator may not use
more than 5 percent of the amounts made available to carry out
the Program each fiscal year to pay administrative expenses
incurred in carrying out the Program.
(3) Prohibition.--No amounts made available to carry out
the Program may be used for the administrative expenses of a
management conference convened under section 320 of the Federal
Water Pollution Control Act (33 U.S.C. 1330).
(4) Rule of construction.--Nothing in this section may be
construed to limit the eligibility of the Indian River Lagoon
Program to receive funding under section 320(g) of the Federal
Water Pollution Control Act (33 U.S.C. 1330(g)).
SEC. 3. INCREASE IN CERTAIN CIVIL PENALTIES.
(a) In General.--Notwithstanding any other provision of law and not
later than 90 days after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall issue
regulations to increase by 5 percent each civil penalty amount
established for a violation of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.).
(b) Applicability.--The regulations issued under subsection (a)
shall only apply to violations of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) occurring after the date of enactment of
this Act.
SEC. 4. INDIAN RIVER LAGOON NUTRIENT REMOVAL ASSISTANCE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. INDIAN RIVER LAGOON NUTRIENT REMOVAL ASSISTANCE TRUST
FUND.
``(a) Creation of Trust Fund.--There is hereby established in the
Treasury of the United States a trust fund to be known as the `Indian
River Lagoon Nutrient Removal Assistance Trust Fund', consisting of
such amounts as may be appropriated or credited to such Trust Fund as
provided in this section and section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Indian River Lagoon Nutrient Removal Assistance Trust Fund such
amounts as the Secretary determines from time to time are equivalent to
the increase in civil penalties under section 3(a) of the Indian River
Lagoon Nutrient Removal Assistance Act of 2014 for violations of the
Federal Water Pollution Control Act.
``(c) Expenditures.--Amounts in the Indian River Lagoon Nutrient
Removal Assistance Trust Fund shall be available as provided in
appropriations Acts only for making expenditures to make grants under
the Indian River Lagoon Nutrient Removal Assistance Grant Program under
section 2(a) of the Indian River Lagoon Nutrient Removal Assistance Act
of 2014.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:
``Sec. 9512. Indian River Lagoon Nutrient Removal Assistance Trust
Fund.''. | Indian River Lagoon Nutrient Removal Assistance Act of 2014 - Requires the Environmental Protection Agency (EPA) to establish an Indian River Lagoon Nutrient Removal Assistance Grant Program to assist projects related to the protection and restoration of the Indian River Lagoon in Florida. Directs the EPA to issue regulations regarding grant selection criteria that prioritize projects that: (1) produce the greatest nutrient load reductions, (2) result in the greatest environmental benefits to the Lagoon, and (3) advance the goals and objectives of the comprehensive and management plan for the Indian River Lagoon approved under the National Estuary program of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires the EPA to issue regulations to increase by 5% each civil penalty amount established for a violation of the Clean Water Act. Amends the Internal Revenue Code to establish an Indian River Lagoon Nutrient Removal Assistance Trust Fund for the Program. Requires an amount equal to the increase in civil penalties to be transferred to the Fund. | Indian River Lagoon Nutrient Removal Assistance Act of 2014 |
SECTION 1. EXPANSION OF AUTHORITY OF UNITED STATES NAVAL POSTGRADUATE
SCHOOL TO ADMIT CIVILIAN STUDENTS.
(a) Admission on Space-Available Basis.--Section 7047 of title 10,
United States Code, is amended to read as follows:
``Sec. 7047. Admission of civilians
``(a) Admission Pursuant to Reciprocal Agreement.--With the
approval of the Secretary of the Navy, the Superintendent of the Naval
Postgraduate School may enter into an agreement with an accredited
institution of higher education (or a consortium of such institutions)
to permit a student described in subsection (c) who is enrolled at an
institution of higher education that is a party to the agreement to
receive instruction at the Naval Postgraduate School on a tuition-free
basis. In exchange for the admission of the student under this
subsection, the institution of higher education shall be required to
permit an officer of the armed forces to attend, on a tuition-free
basis, courses offered by that institution corresponding in length to
the instruction provided to the student at the Naval Postgraduate
School.
``(b) Admission on Space-Available Basis.--With the approval of the
Secretary of the Navy, the Superintendent may permit a student
described in subsection (c) who is enrolled at an institution of higher
education that is a party to an agreement under subsection (a) to
receive instruction at the Naval Postgraduate School on a cost-
reimbursable, space-available basis. The Superintendent may also permit
other persons to receive instruction at the Naval Postgraduate School
on a cost-reimbursable, space-available basis if the Superintendent
determines that the person would benefit from the instruction provided
at the school.
``(c) Eligible Students.--A student enrolled at an institution of
higher education may be admitted to the Naval Postgraduate School under
subsection (a) or (b) if--
``(1) the student is a citizen of the United States, is
lawfully admitted for permanent residence in the United States,
or is lawfully admitted to the United States for the purpose of
pursuing a course of study at an institution of higher
education; and
``(2) the Superintendent determines that the student has an
interest in a field of study designated by the Superintendent
as related to naval warfare and national security or other
activities of the Naval Postgraduate School.
``(d) Retention of Funds Collected.--Amounts collected under
subsection (b) to reimburse the Naval Postgraduate School for the costs
of providing instruction to students or other persons permitted to
attend the Naval Postgraduate School under such subsection shall be
credited as an addition to the appropriation supporting the maintenance
and operation of the Naval Postgraduate School.''.
(b) Clerical Amendment.--The table of contents at the beginning of
chapter 605 of title 10, United States Code, is amended by striking out
the item relating to section 7047 and inserting in lieu thereof the
following new item:
``7047. Admission of civilians.''.
SEC. 2. AUTHORITY OF UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY TO
ADMIT CIVILIAN STUDENTS.
(a) Admission of Civilians.--Chapter 901 of title 10, United States
Code, is amended by inserting after section 9314 the following new
section:
``Sec. 9314a. United States Air Force Institute of Technology:
admission of civilians
``(a) Admission Pursuant to Reciprocal Agreement.--With the
approval of the Secretary of the Air Force through the Commandant of
the United States Air Force Institute of Technology (AFIT), the
Commandant may enter into agreements with accredited institutions of
higher education (or consortia of such institutions) to permit a
student described in subsection (c) who is enrolled at an institution
of higher education that is a party to such an agreement to receive
instruction at the United States Air Force Institute of Technology on
the basis of the agreement.
``(b) Admission on a Fee-for-Service, Space-Available Basis.--With
the approval of the Secretary of the Air Force through the AFIT
Commandant, the Commandant may permit a student described in subsection
(c) who is enrolled at an institution of higher education that is a
party to an agreement under subsection (a) to receive instruction at
the United States Air Force Institute of Technology on a fee-for-
service, space-available basis. The Commandant may also permit other
persons to receive instruction at the institute on a fee-for-service,
space-available basis if the Commandant determines that the person or
the Federal Government would benefit from the instruction provided at
the institute and that comparable instruction is not reasonably and
expeditiously available through civilian schools.
``(c) Eligible Students.--A student enrolled at an institution of
higher education may be admitted to the United States Air Force
Institute of Technology under subsection (a) or (b) if--
``(1) the student is a citizen of the United States, is
lawfully admitted for permanent residence in the United States,
or is lawfully admitted to the United States for the purpose of
pursuing a course of study at an institution of higher
education; and
``(2) the Commandant determines that the student has an
interest in a field of study designated by the Commandant as
related to the activities of the institute.
``(d) Retention of Funds Collected.--Amounts collected under
subsection (b) to reimburse the United States Air Force Institute of
Technology for the costs of providing instruction to students or other
persons permitted to attend the institute under such subsection shall
be credited as an addition to the appropriation supporting the
maintenance and operation of the institute.''.
(b) Clerical Amendments.--(1) The heading of section 9314 of title
10, United States Code, is amended to read as follows:
``Sec. 9314. United States Air Force Institute of Technology: degrees
and civilian faculty''.
(2) The table of sections at the beginning of chapter 901 of title
10, United States Code, is amended by striking out the item relating to
section 9314(a) and inserting in lieu thereof the following new items:
``9314. United States Air Force Institute of Technology: degrees and
civilian faculty.
``9314a. United States Air Force Institute of Technology: admission of
civilians.''. | Authorizes the Superintendent of the Naval Postgraduate School (currently, the Secretary of the Navy) to enter into agreements with higher educational institutions whereby certain civilian students receive instruction at the School on a tuition-free basis in exchange for officers receiving instruction at the participating institution on the same basis. Expands the list of eligible students to include those lawfully admitted to the Unitedd States to pursue courses in higher education (currently, only U.S. citizens or those lawfully admitted for permanent residence are permitted). Allows others to receive instruction at the School on a cost-reimbursable, space-available basis, with funds received to be used to maintain and operate the School.
Provides identical authority for the Commandant of the United States Air Force Institute of Technology, with the approval of the Secretary of the Air Force. | To amend title 10, United States Code, to expand the authority of the United States Naval Postgraduate School to admit civilians as students and to authorize the United States Air Force Institute of Technology to admit civilians as students. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorado Canyons National
Conservation Area and Black Ridge Canyons Wilderness Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that certain areas located in the
Grand Valley in Mesa County, Colorado, and Grand County, Utah, should
be protected and enhanced for the benefit and enjoyment of present and
future generations. These areas include the following:
(1) The areas making up the Black Ridge and Ruby Canyons of the
Grand Valley and Rabbit Valley, which contain unique and valuable
scenic, recreational, multiple use opportunities (including
grazing), paleontological, natural, and wildlife components
enhanced by the rural western setting of the area, provide
extensive opportunities for recreational activities, and are
publicly used for hiking, camping, and grazing, and are worthy of
additional protection as a national conservation area.
(2) The Black Ridge Canyons Wilderness Study Area has
wilderness value and offers unique geological, paleontological,
scientific, and recreational resources.
(b) Purpose.--The purpose of this Act is to conserve, protect, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important values of the public lands
described in section 4(b), including geological, cultural,
paleontological, natural, scientific, recreational, environmental,
biological, wilderness, wildlife education, and scenic resources of
such public lands, by establishing the Colorado Canyons National
Conservation Area and the Black Ridge Canyons Wilderness in the State
of Colorado and the State of Utah.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area'' means
the Colorado Canyons National Conservation Area established by
section 4(a).
(2) Council.--The term ``Council'' means the Colorado Canyons
National Conservation Area Advisory Council established under
section 8.
(3) Management plan.--The term ``management plan'' means the
management plan developed for the Conservation Area under section
6(h).
(4) Map.--The term ``Map'' means the map entitled ``Proposed
Colorado Canyons National Conservation Area and Black Ridge Canyons
Wilderness Area'' and dated July 18, 2000.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
(6) Wilderness.--The term ``Wilderness'' means the Black Ridge
Canyons Wilderness so designated in section 5.
SEC. 4. COLORADO CANYONS NATIONAL CONSERVATION AREA.
(a) In General.--There is established the Colorado Canyons National
Conservation Area in the State of Colorado and the State of Utah.
(b) Areas Included.--The Conservation Area shall consist of
approximately 122,300 acres of public land as generally depicted on the
Map.
SEC. 5. BLACK RIDGE CANYONS WILDERNESS DESIGNATION.
Certain lands in Mesa County, Colorado, and Grand County, Utah,
which comprise approximately 75,550 acres as generally depicted on the
Map, are hereby designated as wilderness and therefore as a component
of the National Wilderness Preservation System. Such component shall be
known as the Black Ridge Canyons Wilderness.
SEC. 6. MANAGEMENT.
(a) Conservation Area.--The Secretary shall manage the Conservation
Area in a manner that--
(1) conserves, protects, and enhances the resources of the
Conservation Area specified in section 2(b); and
(2) is in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(B) other applicable law, including this Act.
(b) Uses.--The Secretary shall allow only such uses of the
Conservation Area as the Secretary determines will further the purposes
for which the Conservation Area is established.
(c) Withdrawals.--Subject to valid existing rights, all Federal
land within the Conservation Area and the Wilderness and all land and
interests in land acquired for the Conservation Area or the Wilderness
by the United States are withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of the mineral leasing, mineral materials,
and geothermal leasing laws, and all amendments thereto.
Nothing in this subsection shall be construed to affect discretionary
authority of the Secretary under other Federal laws to grant, issue, or
renew rights-of-way or other land use authorizations consistent with
the other provisions of this Act.
(d) Off-Highway Vehicle Use.--
(1) In general.--Except as provided in paragraph (2), use of
motorized vehicles in the Conservation Area--
(A) before the effective date of a management plan under
subsection (h), shall be allowed only on roads and trails
designated for use of motor vehicles in the management plan
that applies on the date of the enactment of this Act to the
public lands in the Conservation Area; and
(B) after the effective date of a management plan under
subsection (h), shall be allowed only on roads and trails
designated for use of motor vehicles in that management plan.
(2) Administrative and emergency response use.--Paragraph (1)
shall not limit the use of motor vehicles in the Conservation Area
as needed for administrative purposes or to respond to an
emergency.
(e) Wilderness.--Subject to valid existing rights, lands designated
as wilderness by this Act shall be managed by the Secretary, as
appropriate, in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that, with respect to any wilderness areas
designated by this Act, any reference in the Wilderness Act to the
effective date of the Wilderness Act shall be deemed to be a reference
to the date of the enactment of this Act.
(f) Hunting, Trapping, and Fishing.--
(1) In general.--Hunting, trapping, and fishing shall be
allowed within the Conservation Area and the Wilderness in
accordance with applicable laws and regulations of the United
States and the States of Colorado and Utah.
(2) Area and time closures.--The head of the Colorado Division
of Wildlife (in reference to land within the State of Colorado),
the head of the Utah Division of Wildlife (in reference to land
within the State of Utah), or the Secretary after consultation with
the Colorado Division of Wildlife (in reference to land within the
State of Colorado) or the head of the Utah Division of Wildlife (in
reference to land within the State of Utah), may issue regulations
designating zones where, and establishing limited periods when,
hunting, trapping, or fishing shall be prohibited in the
Conservation Area or the Wilderness for reasons of public safety,
administration, or public use and enjoyment.
(g) Grazing.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall issue and administer any grazing leases or permits
in the Conservation Area and the Wilderness in accordance with the
same laws (including regulations) and Executive orders followed by
the Secretary in issuing and administering grazing leases and
permits on other land under the jurisdiction of the Bureau of Land
Management.
(2) Grazing in wilderness.--Grazing of livestock in the
Wilderness shall be administered in accordance with the provisions
of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), in
accordance with the guidelines set forth in Appendix A of House
Report 101-405 of the 101st Congress.
(h) Management Plan.--
(1) In general.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall develop a comprehensive
management plan for the long-range protection and management of the
Conservation Area and the Wilderness and the lands described in
paragraph (2)(E).
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of the
Conservation Area and the Wilderness;
(B) take into consideration any information developed in
studies of the land within the Conservation Area or the
Wilderness;
(C) provide for the continued management of the utility
corridor, Black Ridge Communications Site, and the Federal
Aviation Administration site as such for the land designated on
the Map as utility corridor, Black Ridge Communications Site,
and the Federal Aviation Administration site;
(D) take into consideration the historical involvement of
the local community in the interpretation and protection of the
resources of the Conservation Area and the Wilderness, as well
as the Ruby Canyon/Black Ridge Integrated Resource Management
Plan, dated March 1998, which was the result of collaborative
efforts on the part of the Bureau of Land Management and the
local community; and
(E) include all public lands between the boundary of the
Conservation Area and the edge of the Colorado River and, on
such lands, the Secretary shall allow only such recreational or
other uses as are consistent with this Act.
(i) No Buffer Zones.--The Congress does not intend for the
establishment of the Conservation Area or the Wilderness to lead to the
creation of protective perimeters or buffer zones around the
Conservation Area or the Wilderness. The fact that there may be
activities or uses on lands outside the Conservation Area or the
Wilderness that would not be allowed in the Conservation Area or the
Wilderness shall not preclude such activities or uses on such lands up
to the boundary of the Conservation Area or the Wilderness consistent
with other applicable laws.
(j) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-federally owned
land within the exterior boundaries of the Conservation Area or the
Wilderness only through purchase from a willing seller, exchange,
or donation.
(2) Management.--Land acquired under paragraph (1) shall be
managed as part of the Conservation Area or the Wilderness, as the
case may be, in accordance with this Act.
(k) Interpretive Facilities or Sites.--The Secretary may establish
minimal interpretive facilities or sites in cooperation with other
public or private entities as the Secretary considers appropriate. Any
facilities or sites shall be designed to protect the resources referred
to in section 2(b).
(l) Water Rights.--
(1) Findings.--Congress finds that--
(A) the lands designated as wilderness by this Act are
located at the headwaters of the streams and rivers on those
lands, with few, if any, actual or proposed water resource
facilities located upstream from such lands and few, if any,
opportunities for diversion, storage, or other uses of water
occurring outside such lands that would adversely affect the
wilderness or other values of such lands;
(B) the lands designated as wilderness by this Act
generally are not suitable for use for development of new water
resource facilities, or for the expansion of existing
facilities;
(C) it is possible to provide for proper management and
protection of the wilderness and other values of such lands in
ways different from those utilized in other legislation
designating as wilderness lands not sharing the attributes of
the lands designated as wilderness by this Act.
(2) Statutory construction.--
(A) Nothing in this Act shall constitute or be construed to
constitute either an express or implied reservation of any
water or water rights with respect to the lands designated as a
national conservation area or as wilderness by this Act.
(B) Nothing in this Act shall affect any conditional or
absolute water rights in the State of Colorado existing on the
date of the enactment of this Act.
(C) Nothing in this subsection shall be construed as
establishing a precedent with regard to any future national
conservation area or wilderness designations.
(D) Nothing in this Act shall be construed as limiting,
altering, modifying, or amending any of the interstate compacts
or equitable apportionment decrees that apportion water among
and between the State of Colorado and other States.
(3) Colorado water law.--The Secretary shall follow the
procedural and substantive requirements of the law of the State of
Colorado in order to obtain and hold any new water rights with
respect to the Conservation Area and the Wilderness.
(4) New projects.--
(A) As used in this paragraph, the term ``water resource
facility'' means irrigation and pumping facilities, reservoirs,
water conservation works, aqueducts, canals, ditches,
pipelines, wells, hydropower projects, and transmission and
other ancillary facilities, and other water diversion, storage,
and carriage structures. Such term does not include any such
facilities related to or used for the purpose of livestock
grazing.
(B) Except as otherwise provided by section 6(g) or other
provisions of this Act, on and after the date of the enactment
of this Act, neither the President nor any other officer,
employee, or agent of the United States shall fund, assist,
authorize, or issue a license or permit for the development of
any new water resource facility within the wilderness area
designated by this Act.
(C) Except as provided in this paragraph, nothing in this
Act shall be construed to affect or limit the use, operation,
maintenance, repair, modification, or replacement of water
resource facilities in existence on the date of the enactment
of this Act within the boundaries of the Wilderness.
(5) Boundaries along colorado river.--(A) Neither the
Conservation Area nor the Wilderness shall include any part of the
Colorado River to the 100-year high water mark.
(B) Nothing in this Act shall affect the authority that the
Secretary may or may not have to manage recreational uses on the
Colorado River, except as such authority may be affected by
compliance with paragraph (3). Nothing in this Act shall be
construed to affect the authority of the Secretary to manage the
public lands between the boundary of the Conservation Area and the
edge of the Colorado River.
(C) Subject to valid existing rights, all lands owned by the
Federal Government between the 100-year high water mark on each
shore of the Colorado River, as designated on the Map from the line
labeled ``Line A'' on the east to the boundary between the States
of Colorado and Utah on the west, are hereby withdrawn from--
(i) all forms of entry, appropriation, or disposal under
the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
SEC. 7. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall submit to Congress a copy of
the Map and a legal description of the Conservation Area and of the
Wilderness.
(b) Force and Effect.--The Map and legal descriptions shall have
the same force and effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors in the Map and
the legal descriptions.
(c) Public Availability.--Copies of the Map and the legal
descriptions shall be on file and available for public inspection in--
(1) the Office of the Director of the Bureau of Land
Management;
(2) the Grand Junction District Office of the Bureau of Land
Management in Colorado;
(3) the appropriate office of the Bureau of Land Management in
Colorado, if the Grand Junction District Office is not deemed the
appropriate office; and
(4) the appropriate office of the Bureau of Land Management in
Utah.
(d) Map Controlling.--Subject to section 6(l)(3), in the case of a
discrepancy between the Map and the descriptions, the Map shall
control.
SEC. 8. ADVISORY COUNCIL.
(a) Establishment.--Not later than 6 months after the date of the
enactment of this Act, the Secretary shall establish an advisory
council to be known as the ``Colorado Canyons National Conservation
Area Advisory Council''.
(b) Duty.--The Council shall advise the Secretary with respect to
preparation and implementation of the management plan, including
budgetary matters, for the Conservation Area and the Wilderness.
(c) Applicable Law.--The Council shall be subject to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(d) Members.--The Council shall consist of 10 members to be
appointed by the Secretary including, to the extent practicable:
(1) A member of or nominated by the Mesa County Commission.
(2) A member nominated by the permittees holding grazing
allotments within the Conservation Area or the Wilderness.
(3) A member of or nominated by the Northwest Resource Advisory
Council.
(4) Seven members residing in, or within reasonable proximity
to, Mesa County, Colorado, with recognized backgrounds reflecting--
(A) the purposes for which the Conservation Area or
Wilderness was established; and
(B) the interests of the stakeholders that are affected by
the planning and management of the Conservation Area and the
Wilderness.
SEC. 9. PUBLIC ACCESS.
(a) In General.--The Secretary shall continue to allow private
landowners reasonable access to inholdings in the Conservation Area and
Wilderness.
(b) Glade Park.--The Secretary shall continue to allow public right
of access, including commercial vehicles, to Glade Park, Colorado, in
accordance with the decision in Board of County Commissioners of Mesa
County v. Watt (634 F. Supp. 1265 (D.Colo.; May 2, 1986)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Designates certain lands in Mesa County, Colorado, and Grand County, Utah, as wilderness and designates such area as the Black Ridge Canyons Wilderness.
Requires the Secretary of the Interior to manage both the Conservation Area and the Wilderness. Withdraws all lands within the Conservation Area and Wilderness from all forms of entry under the public land laws, including mining laws and mineral and geothermal leasing laws.
Directs the Secretary to develop a comprehensive plan for the long-range protection and management of the Conservation Area and the Wilderness. States that Congress does not intend for the establishment of buffer zones around such lands.
Authorizes the Secretary to establish minimal interpretive sites in cooperation with other public or private entities.
States that neither the Conservation Area nor the Wilderness shall include any part of the Colorado River to the 100-year high water mark. Withdraws all Federal lands between such marks on each shore from all forms of entry under the public land laws, including mining laws and mineral and geothermal leasing laws.
Directs the Secretary to: (1) establish the Colorado Canyons National Conservation Area Advisory Council; and (2) continue to allow certain public and private access to the Conservation Area and Wilderness. | Colorado Canyons National Conservation Area and Black Ridge Canyons Wilderness Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``New Mothers' Breastfeeding Promotion
and Protection Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Women with infants and toddlers are the fastest growing
segment of today's labor force.
(2) At least 50 percent of women who are employed when they
become pregnant return to the labor force by the time their
children are 3 months old.
(3) The American Academy of Pediatrics recommends
breastfeeding for at least the first 12 months of a child's
life. The Academy also recommends that arrangements be made to
provide expressed breastmilk if mother and child must separate.
(4) Breastmilk contains all the nutrients a child needs for
ideal growth and development (including helpful antibodies,
proteins, immune cells, and growth factors that can only be
found in breastmilk), promotes closeness between mother and
child, and is easy to digest.
(5) Breastmilk is the first line of immunization defense
and enhances the effectiveness of vaccines given to infants.
(6) Research studies show that children who are not
breastfed have higher rates of mortality, meningitis, some
types of cancers, asthma and other respiratory illnesses,
bacterial and viral infections, diarrhoeal diseases, ear
infections, allergies, and obesity.
(7) Research studies have also shown that breastmilk and
breastfeeding have protective effects against the development
of a number of chronic diseases, including juvenile diabetes,
lymphomas, Crohn's disease, celiac disease, some chronic liver
diseases, and ulcerative colitis.
(8) A number of recent studies have shown that breastfed
children have higher IQs at all ages.
(9) Breastfeeding promotion and support are an integral
part of nutrition services provided by the Women, Infants, and
Children (WIC) program, and has been shown to reduce costs. For
example, in a recent cost-benefit study in the State of
Colorado, it was found that exclusively breastfeeding a WIC
infant saved $161 in the first 6 months of life when compared
to formula-fed infants. A Medicaid savings of $112 per infant
was realized by this group while pharmacy costs were
approximately 50 percent lower.
(10) In 1997 the United States had one of the lowest
breastfeeding rates of all industrialized nations and one of
the highest rates of infant mortality.
(11) Breastfeeding has been shown to reduce the mother's
risk of breast and ovarian cancer, hip fractures, and
osteoporosis.
(12) Breastfeeding releases a hormone in a woman's body
that causes her uterus to return to its normal size and shape
more quickly, and reduces blood loss after delivery.
(13) Although title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.) was amended by the Pregnancy
Discrimination Act in 1978 to prohibit discrimination on the
basis of pregnancy, childbirth, or related medical condition,
courts have not interpreted this amendment to include
breastfeeding despite the intent of the Congress to include it.
(14) Women who wish to continue breastfeeding after
returning to work have relatively few needs: availability of
suitable, dependable, efficient breast pumps; a clean,
convenient, safe, private, and comfortable location to express
milk at the worksite; the opportunity to pump their breasts
frequently enough to maintain their milk supply; and an
adequate place to temporarily store expressed milk.
(15) Many employers have seen positive results from
facilitating lactation programs in the workplace, including low
absenteeism, high productivity, high company loyalty, high
employee morale, and lower health care costs.
(16) Parental absenteeism due to infant illness is 3 times
less among the parents of breastfed children than those that
are formula fed.
(17) Worksite programs that aim to improve infant health
may also bring about a reduction in parental absenteeism and
health insurance costs.
(18) Many women do not have available to them adequate
facilities for expressing milk at their workplace, and are
forced to pump in restrooms lacking privacy, comfort, and
cleanliness. Many employees do not have access to refrigeration
or other adequate storage facilities for expressed milk.
(19) Many employers deny women the opportunity to
breastfeed or express milk. Some women have been discharged for
requesting to breastfeed or express milk during lunch and other
regular breaks. Some women have been harassed or discriminated
against. Some women have had their pay withheld or been taken
off of shift work for indicating their intention to express
milk during the workday.
(20) There are numerous products on the market to assist a
woman in expressing milk, but not all such products are
effective or efficient. There have been many reports from
physicians and lactation consultants about breastfeeding
failure due to the use of ineffective breast pumps.
SEC. 3. AMENDMENT TO TITLE VII OF THE CIVIL RIGHTS ACT OF 1964.
Section 701(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(k))
is amended--
(1) by inserting ``breastfeeding,'' after ``childbirth'',
and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `breastfeeding' means the feeding of
a child directly from the breast or the expression of milk from
the breast by a lactating woman.''.
SEC. 4. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR PROVIDING
APPROPRIATE ENVIRONMENT ON BUSINESS PREMISES FOR EMPLOYED
MOTHERS TO BREASTFEED OR EXPRESS MILK FOR THEIR CHILDREN.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45D. CREDIT FOR EMPLOYER EXPENSES INCURRED TO FACILITATE
EMPLOYED MOTHERS WHO BREASTFEED OR EXPRESS MILK FOR THEIR
CHILDREN.
``(a) In General.--For purposes of section 38, the breastfeeding
promotion and support credit determined under this section for the
taxable year is an amount equal to 50 percent of the qualified
breastfeeding promotion and support expenditures of the taxpayer for
such taxable year.
``(b) Dollar Limitation.--The credit allowable under subsection (a)
for any taxable year shall not exceed the product of--
``(1) $10,000, and
``(2) the number determined by dividing the average number
of full-time employees of the taxpayer during the preceding
taxable year by 8,000.
``(c) Qualified Breastfeeding Promotion and Support Expenditure.--
For purposes of this section--
``(1) In general.--The term `qualified breastfeeding
promotion and support expenditure' means any amount paid or
incurred in connection with a trade or business of the
taxpayer--
``(A) for breast pumps and other equipment
specially designed to assist mothers who are employees
of the taxpayer to breastfeed or express milk for their
children but only if such pumps and equipment meet such
standards (if any) prescribed by the Secretary of
Health and Human Services under section 5 of the New
Mothers' Breastfeeding Promotion and Protection Act of
1998, and
``(B) for consultation services to the taxpayer or
employees of the taxpayer relating to breastfeeding.
``(2) Costs of other exclusive use property included.--Such
term includes any amount paid or incurred for the acquisition
or lease of tangible personal property (not described in
paragraph (1)(A)) which is exclusively used by mothers who are
employees of the taxpayer to breastfeed or express milk for
their children unless such property is located in any residence
of the taxpayer or any employee of the taxpayer.
``(d) Recapture of Credit.--
``(1) In general.--If, during any taxable year, any
property for which a credit was allowed under this section is
disposed of or otherwise ceases to be used by the taxpayer as
required by this section, then the tax of the taxpayer under
this chapter for such taxable year shall be increased by an
amount equal to the recapture percentage of the aggregate
decrease in the credits allowed under section 38 for all prior taxable
years which would have resulted solely from reducing to zero any credit
determined under this section with respect to such property. The
preceding sentence shall not apply to property leased to the taxpayer.
``(2) Recapture percentage.--For purposes of this
subsection, the recapture percentage shall be determined in
accordance with the following table:
The recapture
``If the recapture event occurs in:
percentage is:
Year 1............................... 100
Year 2............................... 60
Year 3............................... 30
Year 4 or thereafter................. 0.
The references to years in the preceding table are references
to the consecutive taxable years beginning with the taxable
year in which the property is placed in service by the taxpayer
as year 1.
``(3) Certain rules to apply.--Rules similar to the rules
of paragraphs (3) and (4), and subparagraphs (B) and (C) of
paragraph (5), of section 50(a) shall apply for purposes of
this subsection.
``(e) Special Rules.--For purposes of this section--
``(1) Aggregation rules.--For purposes of subsection (b),
all persons which are treated as a single employer under
subsection (a) or (b) of section 52 shall be treated as a
single taxpayer, and the dollar amount contained in such
subsection shall be allocated among such persons under
regulations prescribed by the Secretary.
``(2) Reduction in basis.--Rules similar to the rules of
paragraphs (1) and (2) of section 50(c), and section
1016(a)(19), shall apply with respect to property for which a
credit is determined under this section.
``(3) Other deductions and credits.--No deduction or credit
shall be allowed under any other provision of this chapter with
respect to any expenditure for which a credit is determined
under this section.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended--
(A) by striking ``plus'' at the end of paragraph
(11),
(B) by striking the period at the end of paragraph
(12) and inserting ``, plus'', and
(C) by adding at the end the following new
paragraph:
``(13) the breastfeeding promotion and support credit
determined under section 45D(a).''
(2) Subsection (d) of section 39 of such Code (relating to
carryback and carryforward of unused credits) is amended by
adding at the end the following new paragraph:
``(9) No carryback of section 45d credit before january 1,
1999.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45D may be carried back to a taxable year beginning
before January 1, 1999.''.
(3) 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. 45D. Credit for employer expenses
incurred to facilitate employed
mothers who breastfeed or
express milk for their
children.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998.
SEC. 5. BREAST PUMPS.
(a) Performance Standards.--The Secretary of Health and Human
Services shall take such action as may be appropriate to put into
effect a performance standard for breast pumps irrespective of the
class to which the device has been classified under section 513 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360c). In establishing
such standard, the Secretary shall identify those pumps appropriate for
use on a regular basis in a place of employment based on the efficiency
and effectiveness of the pump and on sanitation factcors related to
communal use. Action for a performance standard shall be taken within
one year of the date of the enactment of this Act.
(b) Compliance Policy Guide.--The Secretary of Health and Human
Services, acting through the Commissioner of Food and Drugs, shall
issue a compliance policy guide which will assure that women who want
to breastfeed a child are given full and complete information
respecting breast pumps.
SEC. 6. FAMILY AND MEDICAL LEAVE FOR NURSING MOTHERS' BREAKS.
(a) Private and Public Sector Employees.--
(1) Amendment.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at
the end the following:
``(3) Nursing mothers' breaks.--A lactating mother who is
entitled to leave under paragraph (1)(A) or (1)(B) shall,
during the first 12-month period for which the employee is
entitled to such leave under paragraph (2), be given up to one
hour in each 8 hour work day in such period to express milk for
a child. The time may be taken in 2 one-half hour periods or in 3 20
minute periods. For work shifts longer or shorter than 8 hours
proportional adjustments shall be made in the time given an employee to
express milk for a child. The time taken will not be charged against
the employee's entitlement to leave under paragraph (1). Unless
otherwise deemed to be compensable hours of work under applicable
Federal, State, or local law, employers are not required to compensate
employees for time under this paragraph. Such an employee shall give
the employee's employer notice, in accordance with subsection (e)(1),
that the employee will want the time provided by this paragraph.''.
(2) Intermittent leave.--The first sentence of section
102(b) of the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(b)) is amended by adding before the period the following:
``or unless the leave is taken under subsection (a)(3)''.
(3) Regulations.--Within 180 days of the date of the
enactment of this Act, the Secretary of Labor shall promulgate
regulations for the implementation of the amendment made by
paragraph (1).
(b) Federal Employees.--
(1) General rule.--Section 6382(a) of title 5, United
States Code is amended by adding at the end the following:
``(3) An employee who is a lactating mother who is entitled to
leave under paragraph (1)(A) or (1)B) shall, during the first 12-month
period for which the employee is entitled to such leave under paragraph
(2), be given up to one hour in each 8 hour work day in such period to
express milk for the child. The time may be taken in 2 one-half hour
periods or in 3 20 minute periods. For work shifts longer or shorter
than 8 hours proportional adjustments shall be made in the time given
an employee to express milk for a child. The time taken will not be
charged against the employee's entitlement to leave under paragraph
(1). Unless otherwise deemed to be compensable hours of work under
applicable Federal law, employees are not required to be compensated
for time under this paragraph. Such an employee shall give the
employee's employer notice, in accordance with subsection (e)(1), that
the employee will want the time provided by this paragraph.''.
(2) Intermittent leave.--The first sentence of section
6382(b)(1) of title 5, United States Code, is amended by adding
before the period the following: ``or unless the leave is taken
under subsection (a)(3)''.
(c) Purpose of Amendments.--The purpose of the amendments made by
this section is to establish a legal minimum for the amount of time
that a woman is entitled to express milk at the workplace. The
amendments are not intended to preclude an employer from voluntarily
providing more time for the employee to express milk or to diminish any
rights the woman would otherwise have pursuant to the employer's sick
leave or vacation policy or under the Family and Medical Leave Act of
1993.
SEC. 7. CAMPAIGN REGARDING BREASTFEEDING AND HEALTH OF INFANTS.
The Secretary of Health and Human Services, acting through the
Maternal and Child Health Bureau of the Health Resources and Services
Administration and in cooperation with the Secretary of Agriculture and
the heads of such other Federal agencies as the Secretary of Health and
Human Services determines to be appropriate, shall undertake a campaign
aimed at health professionals and the general public to promote the
benefits of breastfeeding for infants, mothers, and families.
Activities under the program shall include providing such education to
public and private health professionals who provide health services
under Federal programs (including health programs for Federal
employees).
SEC. 8. INCREASED SUPPORT FOR BREASTFEEDING PROMOTION AND SUPPORT
ACTIVITIES UNDER THE WIC PROGRAM.
Section 17(h)(3) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(3)) is amended by adding at the end the following:
``(H) Notwithstanding any provision in this subsection that
requires a State agency to fund breastfeeding promotion and support
activities from amounts made available for nutrition services and
administration, a State agency may use funds made available for food
benefits under this section (including savings from infant formula cost
containment) for such breastfeeding promotion and support
activities.''. | New Mothers' Breastfeeding Promotion and Protection Act of 1998 - Amends the Civil Rights Act of 1964 to include breastfeeding or expression of milk from the breast to feed a child among those activities for which a woman may not be discriminated against in employment.
(Sec. 4) Amends the Internal Revenue Code to allow a tax credit for 50 percent of employer expenses for providing an appropriate environment on business premises for employed mothers to breastfeed or express milk for their children.
(Sec. 5) Directs the Secretary of Health and Human Services (HHS) to put into effect a performance standard for breast pumps irrespective of the class to which the device has been classified under the Federal Food, Drug, and Cosmetic Act, identifying those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Requires the Secretary, acting through the Commissioner of Food and Drugs, to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information about breast pumps.
(Sec. 6) Amends the Family and Medical Leave Act of 1993 (FMLA), and Federal civil service law, to require family and medical leave for nursing mothers' breaks, if the lactating mothers are entitled to specified leave as private or public employees under such law. Directs the Secretary of Labor to promulgate regulations to implement such FMLA requirement.
(Sec. 7) Directs the Secretary of HHS, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration and in cooperation with the Secretary of Agriculture and other appropriate Federal agency heads, to undertake a campaign aimed at health professionals and the general public to promote the benefits of breastfeeding for infants, mothers, and families, especially public and private health professionals providing health services under Federal programs (including those for Federal employees).
(Sec. 8) Amends the Child Nutrition Act of 1966 to allow State agencies to use funds made available for food benefits (including savings from infant formula cost containment) for breastfeeding promotion and support activities under the special supplemental nutrition program for women, infants, and children (the WIC program). | New Mothers' Breastfeeding Promotion and Protection Act of 1998 |
SECTION 1. MINING CLAIMS ON STOCK RAISING HOMESTEAD ACT LANDS.
(a) Mineral Entry Under the Stock Raising Homestead Act.--Section 9
of the Act of December 29, 1916, entitled ``An Act to provide for stock-
raising homesteads, and for other purposes'' (43 U.S.C. 29), is amended
by adding the following at the end thereof:
``(b) Exploration; Location of Mining Claims; Notices.--
``(1) In general.--(A) Notwithstanding subsection (a) and any
other provision of law to the contrary, after the effective date of
this subsection no person other than the surface owner may enter
lands subject to this Act to explore for, or to locate, a mining
claim on such lands without--
``(i) filing a notice of intention to locate a mining claim
pursuant to paragraph (2); and
``(ii) providing notice to the surface owner pursuant to
paragraph (3).
``(B) Any person who has complied with the requirements referred
to in subparagraph (A) may, during the authorized exploration
period, in order to locate a mining claim, enter lands subject to
this Act to undertake mineral activities related to exploration that
cause no more than a minimal disturbance of surface resources and do
not involve the use of mechanized earthmoving equipment, explosives,
the construction of roads, drill pads, or the use of toxic or
hazardous materials.
``(C) The authorized exploration period referred to in
subparagraph (B) shall begin 30 days after notice is provided under
paragraph (3) with respect to lands subject to such notice and shall
end with the expiration of the 90-day period referred to in
paragraph (2)(A) or any extension provided under paragraph (2).
``(2) Notice of intention to locate a mining claim.--Any person
seeking to locate a mining claim on lands subject to this Act in
order to engage in the mineral activities relating to exploration
referred to under paragraph (1)(B) shall file with the Secretary of
the Interior a notice of intention to locate a claim on the lands
concerned. The notice shall be in such form as the Secretary shall
prescribe. The notice shall contain the name and mailing address of
the person filing the notice and a legal description of the lands to
which the notice applies. The legal description shall be based on
the public land survey or on such other description as is sufficient
to permit the Secretary to record the notice on the land status
records of the Secretary. Whenever any person has filed a notice
under this paragraph with respect to any lands, during the 90-day
period following the date of such filing, or any extension thereof
pursuant to this paragraph, no other person (including the surface
owner) may--
``(A) file such a notice with respect to any portions of
such lands;
``(B) explore for minerals or locate a mining claim on any
portion of such lands; or
``(C) file an application to acquire any interest in any
portion of such lands pursuant to section 209 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1719).
If, within such 90-day period, the person who filed a notice under
this paragraph files a plan of operations with the Secretary
pursuant to subsection (f), such 90-day period shall be extended
until the approval or disapproval of the plan by the Secretary
pursuant to subsection (f).
``(3) Notice to surface owner.--Any person who has filed a
notice of intention to locate a mining claim under paragraph (2) for
any lands subject to this Act shall provide written notice of such
filing, by registered or certified mail with return receipt, to the
surface owner (as evidenced by local tax records) of the lands
covered by the notice under paragraph (2). The notice shall be
provided at least 30 days before entering such lands and shall
contain each of the following:
``(A) A brief description of the proposed mineral
activities.
``(B) A map and legal description of the lands to be subject
to mineral exploration.
``(C) The name, address and phone number of the person
managing such activities.
``(D) A statement of the dates on which such activities will
take place.
``(4) Acreage limitations.--The total acreage covered at any
time by notices of intention to locate a mining claim under
paragraph (2) filed by any person and by affiliates of such person
may not exceed 6,400 acres of lands subject to this Act in any one
State and 1,280 acres of such lands for a single surface owner. For
purposes of this paragraph, the term `affiliate' means, with respect
to any person, any other person which controls, is controlled by, or
is under common control with, such person.
``(c) Consent.--Notwithstanding subsection (a) and any other
provision of law, after the effective date of this subsection no person
may engage in the conduct of mineral activities (other than those
relating to exploration referred to in subsection (b)(1)B)) on a mining
claim located on lands subject to this Act without the written consent
of the surface owner thereof unless the Secretary has authorized the
conduct of such activities under subsection (d).
``(d) Authorized Mineral Activities.--The Secretary shall authorize
a person to conduct mineral activities (other than those relating to
exploration referred to in subsection (b)(1)(B)) on lands subject to
this Act without the consent of the surface owner thereof if such person
complies with the requirements of subsections (e) and (f).
``(e) Bond.--(1) Before the Secretary may authorize any person to
conduct mineral activities the Secretary shall require such person to
post a bond or other financial guarantee in an amount to insure the
completion of reclamation pursuant to this Act. Such bond or other
financial guarantee shall ensure--
``(A) payment to the surface owner, after the completion of such
mineral activities and reclamation, compensation for any permanent
damages to crops and tangible improvements of the surface owner that
resulted from mineral activities; and
``(B) payment to the surface owner of compensation for any
permanent loss of income of the surface owner due to loss or
impairment of grazing, or other uses of the land by the surface
owner to the extent that reclamation required by the plan of
operations would not permit such uses to continue at the level
existing prior to the commencement of mineral activities.
``(2) In determining the bond amount to cover permanent loss of
income under paragraph (1)(B), the Secretary shall consider, where
appropriate, the potential loss of value due to the estimated permanent
reduction in utilization of the land.
``(f) Plan or Operations.--(1) Before the Secretary may authorize
any person to conduct mineral activities on lands subject to this Act,
the Secretary shall require such person to submit a plan of operations.
Such plan shall include procedures for--
``(A) the minimization of damages to crops and tangible
improvements of the surface owner;
``(B) the minimization of disruption to grazing or other uses of
the land by the surface owner; and
``(C) payment of a fee for the use of surface during mineral
activities equivalent to the loss of income to the ranch operation
as established pursuant to subsection (g).
``(2) The Secretary shall provide a copy of the proposed plan of
operations to the surface owner at least 45 days prior to the date the
Secretary makes a determination as to whether such plan complies with
the requirements of this subsection. During such 45-day period the
surface owner may submit comments and recommend modifications to the
proposed plan of operations to the Secretary.
``(3)(A) The Secretary shall, within 60 days of receipt of the plan,
approve the plan of operations if it complies with the requirements of
this Act, including each of the following:
``(i) The proposed plan of operations is complete and accurate.
``(ii) The person submitting the proposed plan of operations has
demonstrated that all other applicable Federal and State
requirements have been met.
``(B) The Secretary shall notify the person submitting a plan of
operations of any modifications to such plan required to bring it into
compliance with the requirements of this Act. If the person submitting
the plan agrees to modify such plan in a manner acceptable to the
Secretary, the Secretary shall approve the plan as modified. In the
event no agreement can be reached on the modifications to the plan
which, in the opinion of the Secretary, will bring such plan into
compliance with the requirements of this Act, then the Secretary shall
disapprove the plan and notify both the surface owner and the person
submitting the plan of the decision.
``(C) The 60-day period referred to in subparagraph (A) may be
extended by the Secretary where additional time is required to comply
with other applicable requirements of law.
``(D) The Secretary shall suspend or revoke a plan of operation
whenever the Secretary determines, on the Secretary's own motion or on a
motion made by the surface owner, that the person conducting mineral
activities is in substantial noncompliance with the terms and conditions
of an approved plan of operations and has failed to remedy a violation
after notice from the Secretary within the time required by the
Secretary.
``(4) Final approval of a plan of operations under this subsection
shall be conditioned upon compliance with subsections (e) and (g).
``(g) Fee.--The fee referred to in subsection (f)(1) shall be--
``(1) paid to the surface owner by the person submitting the
plan of operations;
``(2) paid in advance of any mineral activities or at such other
time or times as may be agreed to by the surface owner and the
person conducting such activities; and
``(3) established by the Secretary taking into account the
acreage involved and the degree of potential disruption to existing
surface uses during mineral activities (including the loss of income
to the surface owner and such surface owner's operations due to the
loss or impairment of existing surface uses for the duration of the
mineral activities), except that such fee shall not exceed the fair
market value for the surface of the land.
``(h) Reclamation.--Lands affected by mineral activities under a
plan of operations approved pursuant to subsection (f)(3) shall be
reclaimed, to the maximum extent practicable, to a condition capable of
supporting the uses to which such lands were capable of supporting prior
to surface disturbance. Reclamation shall proceed as contemporaneously
as practicable with the conduct of mineral activities.
``(i) State Law.--(1) Nothing in this Act shall be construed as
affecting any reclamation, bonding, inspection, enforcement, air or
water quality standard or requirement of any State law or regulation
which may be applicable to mineral activities on lands subject to this
Act to the extent that such law or regulation is not inconsistent with
this title.
``(2) Nothing in this Act shall be construed as affecting in any way
the right of any person to enforce or protect, under applicable law, the
interest of such person in water resources affected by mineral
activities.
``(j) Inspections.--Should any surface owner of land subject to this
Act have reason to believe that they are or may be adversely affected by
mineral activities due to any violation of the terms and conditions of a
plan of operations approved under subsection (f), such surface owner may
request an inspection of such lands. The Secretary shall determine
within 10 days of the receipt of the request whether the request states
a reason to believe that a violation exists, except in the event the
surface owner alleges and provides reason to believe that an imminent
danger exists, the 10-day period shall be waived and the inspection
conducted immediately. When an inspection is conducted under this
paragraph, the Secretary shall notify the surface owner and such surface
owner shall be allowed to accompany the inspector on the inspection.
``(k) Damages for Failure To Comply.--(1) Whenever the surface owner
of any land subject to this Act has suffered any permanent damages to
crops or tangible improvements of the surface owner, or any permanent
loss of income due to loss or impairment of grazing, or other uses of
the land by the surface owner, if such damages or loss result from--
``(A) any mineral activity undertaken without the consent of the
surface owner under subsection (c) or an authorization by the
Secretary under subsection (d); or
``(B) the failure of the person conducting mineral activities to
remedy to the satisfaction of the Secretary any substantial
noncompliance with the terms and conditions of a plan under
subsection (f);
the surface owner may bring an action in the appropriate United States
district court for, and the court may award, double damages plus costs
for willful misconduct or gross negligence.
``(2) The surface owner of any land subject to this Act may also
bring an action in the appropriate United States district court for
double damages plus costs for willful misconduct or gross negligence
against any person undertaking any mineral activities on lands subject
to this Act in violation of any requirement of subsection (b).
``(3) Any double damages plus costs awarded by the court under this
subsection shall be reduced by the amount of any compensation which the
surface owner has received (or is eligible to receive) pursuant to the
bond or financial guarantee required under subsection (e).
``(l) Payment of Financial Guarantee.--The surface owner of any land
subject to this Act may petition the Secretary for payment of all or any
portion of a bond or other financial guarantee required under subsection
(e) as compensation for any permanent damages to crops and tangible
improvements of the surface owner, or any permanent loss of income due
to loss or impairment of grazing, or other uses of the land by the
surface owner. Pursuant to such a petition, the Secretary may use such
bond or other guarantee to provide compensation to the surface owner for
such damages and to insure the required reclamation.
``(m) Bond Release.--The Secretary shall release the bond or other
financial guarantee required under subsection (e) upon the successful
completion of all requirements pursuant to a plan of operations approved
under subsection (f).
``(n) Conveyance to Surface Owner.--The Secretary shall take such
actions as may be necessary to simplify the procedures which must be
complied with by surface owners of lands subject to this Act who apply
to the Secretary to obtain title to interests in such lands owned by the
United States.
``(o) Definitions.--For the purposes of subsections (b) through
(n)--
``(1) The term `mineral activities' means any activity for,
related to or incidental to mineral exploration, mining, and
beneficiation activities for any locatable mineral on a mining
claim. When used with respect to this term--
``(A) the term `exploration' means those techniques employed
to locate the presence of a locatable mineral deposit and to
establish its nature, position, size, shape, grade and value;
``(B) the term `mining' means the processes employed for the
extraction of a locatable mineral from the earth; and
``(C) the term `beneficiation' means the crushing and
grinding of locatable mineral ore and such processes are
employed to free the mineral from the other constituents,
including but not necessarily limited to, physical and chemical
separation techniques.
``(2) The term `mining claim' means a claim located under the
general mining laws of the United States (which generally comprise
30 U.S.C. chapters 2, 12A, and 16, and sections 161 and 162) subject
to the terms and conditions of subsections (b) through (p) of this
section.
``(3) The term `tangible improvements' includes agricultural,
residential and commercial improvements, including improvements made
by residential subdividers.
``(p) Minerals Covered.--Subsections (b) through (o) of this section
apply only to minerals not subject to disposition under--
``(1) the Mineral Leasing Act (30 U.S.C. 181 and following);
``(2) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and
following); or
``(3) the Act of July 31, 1947, commonly known as the Materials
Act of 1947 (30 U.S.C. 601 and following).''.
(b) Technical Conforming Amendment.--Section 9 of the Act of
December 29, 1916, entitled ``An Act to provide for stock-raising
homesteads, and for other purposes'' (43 U.S.C. 299) is amended by
inserting ``(a) General Provisions.--'' before the words ``That all
entries made''.
(c) Effective Date.--The amendments made by this Act shall take
effect 180 days after the date of enactment.
(d) Regulations.--The Secretary of the Interior shall issue final
regulations to implement the amendments made by this Act not later than
the effective date of this Act. Failure to promulgate these regulations
by reason of any appeal or judicial review shall not delay the effective
date as specified in paragraph (c).
SEC. 2. REPORT TO CONGRESS ON FOREIGN MINERAL INTEREST.
(a) Report.--The Secretary of the Interior is directed to submit a
report to the Congress within 2 years after the date of enactment of
this Act on the acquisition of mineral interests made after the date of
enactment of this Act by foreign firms on lands subject to the Act of
December 29, 1916, entitled ``An Act to provide for stock-raising
homesteads, and for other purposes'' (43 U.S.C. 299).
(b) Definition.--For purposes of this section, the term ``foreign
firm'' means a business entity that conducts business operations in the
United States and is 51 percent or more owned and controlled by a
foreign person or entity.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 1) Amends Federal law regarding stock-raising homesteads to require a written notice to the surface owner before a person may enter lands for exploration purposes or to locate a mining claim. Provides for an authorized exploration period during which exploring and locating a mining claim may be conducted with minimal surface disruption, but no road construction, use of explosives, mechanical earth moving equipment, or hazardous materials. Limits the total acreage that may be covered at any time by notices of intention to locate a claim. Prohibits any mineral exploration or development activities without the surface owner's written consent unless the Secretary of the Interior (the Secretary) has authorized them according to prescribed guidelines which include posting a surety bond to insure: (1) completion of surface reclamation; (2) compensation to the surface owner for permanent damages to crops and tangible improvements; and (3) compensation for permanent loss of income by the surface owner from impaired land use. Prohibits the Secretary from authorizing any mineral activities unless a plan of operations has been submitted meeting specified criteria, including: (1) minimization of damages to crops and tangible improvements of the surface owner, and of disruption to grazing or other land use by the surface owner; and (2) payment of a fee to the surface owner, equivalent to the loss of income to the ranch operation. Directs the Secretary to submit such plan of operations for the surface owner's comments and modifications before determining whether it complies with this Act. Requires reclamation of land to return it, as contemporaneously as practicable with the conduct of mineral activities, to a condition capable of supporting the uses which it was capable of supporting before surface disturbance. Authorizes any surface owner to request an inspection if such owner has reason to believe that he may be adversely affected due to any violation of an approved plan of operations. Authorizes a surface owner to bring an action in Federal district court for damages resulting from non-compliance with this Act. Authorizes the Secretary, upon petition by the surface owner, to provide compensation for damages through payment of all or part of any bond or other financial guarantee required under this Act. (Sec. 2) Directs the Secretary to report to the Congress within two years on the acquisition of mineral interests after enactment of this Act by foreign firms on lands subject to the 1916 Stock Raising Homestead Act. | To amend the Stock Raising Homestead Act to resolve certain problems regarding subsurface estates, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Teachers Recruitment Act of
2001''.
SEC. 2. TEACHER RECRUITMENT AND RETENTION GRANTS.
(a) Program Authorized.--The Secretary is authorized to provide
grants to rural eligible local educational agencies to enable the
agencies to recruit and retain qualified teachers for elementary and
secondary schools.
(b) Rural Eligible Local Educational Agencies.--To be eligible to
receive a grant under this section, a rural eligible local educational
agency shall--
(1) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require; and
(2) demonstrate a need to recruit and retain additional
qualified elementary and secondary school teachers.
(c) Grant Amount.--Each grant award made under this section shall
be of sufficient size to enable a grantee to develop incentive programs
to recruit and retain qualified teachers.
(d) Uses of Funds.--A rural eligible local educational agency that
receives a grant award under this section may use such funds received
to develop incentive programs to recruit and retain qualified teachers.
Such incentive programs may include--
(1) salary increases;
(2) reimbursement for teacher certification expenses;
(3) assistance to pay college tuition expenses;
(4) assistance to pay graduate school tuition and training
expenses; and
(5) reimbursement for relocation expenses.
(e) Definitions.--For purposes of this section:
(1) the term ``local educational agency'' has the same
meaning given such term in section 14101(18) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801(18));
(2) the term ``metropolitan statistical area'' has the same
meaning given such term by the Bureau of the Census;
(3) the term ``rural eligible educational agency'' means a
local educational agency--
(A) that is not located in a metropolitan
statistical area; and
(B) in which 20 percent or more of the children,
ages 5 through 17, served by such agency are from
families below the poverty level, as determined by the
Secretary; and
(4) the term ``Secretary'' means the Secretary of
Education.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $250,000,000 for each of fiscal years 2002 and 2003;
(2) $400,000,000 for each of fiscal years 2004 and 2005;
and
(3) $500,000,000 for fiscal year 2006.
SEC. 3. LOAN FORGIVENESS FOR RURAL TEACHERS.
Section 428J(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1078-10(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``teacher for 5 consecutive complete school years--'' and
inserting ``teacher--''; and
(2) by amending subparagraph (A) to read as follows:
``(A) in a school--
``(i) for 5 consecutive complete school
years, if the school qualifies under section
465(a)(2)(A) for loan cancellation for Perkins
loan recipients who teach in such schools; or
``(ii) for 3 consecutive complete school
years, if the school is located in a county
with a population density of less than 200
persons per square mile;''.
SEC. 4. PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE FOR RURAL
TEACHERS.
Part A of title II of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6621 et seq.) is amended by adding at the end the
following:
``SEC. 2104. PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE FOR
RURAL TEACHERS.
``(a) In General.--The Secretary may award grants on a competitive
basis to rural eligible local educational agencies to develop and
implement high-quality professional development programs in mathematics
and science for teachers.
``(b) Application.--To be eligible to receive a grant under this
section, a rural eligible local educational agency shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(c) Definitions.--In this section:
``(1) Metropolitan statistical area.--The term
`metropolitan statistical area' has the meaning given such term
by the Bureau of the Census.
``(2) Rural eligible local educational agency.--The term
`rural eligible local educational agency' means a local
educational agency--
``(A) that is not located in a metropolitan
statistical area; and
``(B) in which 20 percent or more of the children,
ages 5 through 17, served by such agency are from
families below the poverty level, as determined by the
Secretary.''. | Rural Teachers Recruitment Act of 2001 - Authorizes the Secretary of Education to make grants to eligible rural local educational agencies to recruit and retain qualified teachers for elementary and secondary schools.Includes among authorized uses of such teacher incentive program funds: (1) salary increases; (2) reimbursement for teacher certification and relocation expenses; and (3) assistance to pay college and graduate school tuition and training expenses. | To authorize recruitment and retention incentive programs, student loan forgiveness, and professional development programs for teachers in rural areas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wetlands Loan Act of 2007''.
SEC. 2. AUTHORIZATION OF FUNDS FOR CONSERVATION OF MIGRATORY WATERFOWL
AND HABITAT.
The first section of Public Law 87-383 (16 U.S.C. 715k-3) is
amended--
(1) by striking ``That in'' and inserting the following:
``SECTION 1. AUTHORIZATION OF FUNDS FOR CONSERVATION OF MIGRATORY
WATERFOWL HABITAT.
``(a) In General.--In'';
(2) by striking ``for the period'' and all that follows
through the end of the sentence and inserting ``$40,000,000 for
each of fiscal years 2009 through 2018.''; and
(3) by adding at the end the following:
``(b) Advance to Migratory Bird Conservation Fund.--Funds
appropriated pursuant to this Act shall be treated as an advance,
without interest, to the Migratory Bird Conservation Fund.
``(c) Repayment to Treasury.--
``(1) In general.--Effective beginning July 1, 2010, funds
appropriated pursuant to this Act shall be repaid to the
Treasury out of the Migratory Bird Conservation Fund.
``(2) Amounts.--Repayment under this subsection shall be
made in annual amounts that are equal to the funds accruing
annually to the Migratory Bird Conservation Fund that are
attributable to the portion of the price of migratory bird
hunting stamps sold that year that is in excess of $15 per
stamp.
``(3) Use of amounts.--In any year for which funds are not
appropriated pursuant to this Act, and no amount remains to be
repaid to the Treasury out of the Migratory Bird Conservation
Fund under paragraph (1), the total amount attributable to the
portion of the price of migratory bird hunting stamps sold for
that year that is in excess of $15 per stamp shall be deposited
in the Migratory Bird Conservation Fund.''.
SEC. 3. PRICE OF STAMPS.
Section 2 of the Migratory Bird Hunting and Conservation Stamp Act
(16 U.S.C. 718b) is amended by striking subsection (b) and inserting
the following:
``(b) Price of Stamps.--
``(1) In general.--For each stamp sold by an authorized
entity under subsection (a)(1), the authorized entity shall
collect--
``(A) $22 during each of hunting years 2009 through
2015;
``(B) $29 during each of hunting years 2016 through
2022; and
``(C) $35 during hunting year 2023 and each hunting
year thereafter.
``(2) Reports.--
``(A) Initial report.--Not later than 1 year after
the date of enactment of the Wetlands Loan Act of 2007,
the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife
Service, shall submit to Congress a report that
includes a comparison by the Secretary of the Interior
of--
``(i) the price of each stamp sold under
subsection (a)(1) during the hunting year
following the hunting year in which the
Wetlands Loan Act of 2007 was enacted; and
``(ii) for each hunting year during the
period beginning with hunting year 1991 and
ending with the hunting year in which the
Wetlands Loan Act of 2007 was enacted, the
purchasing power of the amount of revenue
generated by the total quantity of stamps sold
during the hunting year under subsection
(a)(1).
``(B) Final report.--Not later than 1 year after
the date on which the funds advanced under section 1 of
Public Law 87-383 (16 U.S.C. 715k-3) are repaid, the
Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service, shall
submit to Congress a report that includes a comparison
by the Secretary of the Interior of--
``(i) the price of each stamp sold under
subsection (a)(1) during the hunting year in
which the funds advanced under section 1 of
Public Law 87-383 (16 U.S.C. 715k-3) are
repaid; and
``(ii) for each hunting year during the
period beginning with hunting year 1991 and
ending with the hunting year in which the funds
advanced under section 1 of Public Law 87-383
(16 U.S.C. 715k-3) are repaid, the purchasing
power of the amount of revenue generated by the
total quantity of stamps sold during the
hunting year under subsection (a)(1).''.
SEC. 4. SENSE OF CONGRESS REGARDING THE USE OF CERTAIN FUNDS.
It is the sense of Congress that--
(1) the funds generated pursuant to the amendments made by
this Act--
(A) should be used for preserving and increasing
waterfowl populations in accordance with the goals and
objectives of the North American Waterfowl Management
Plan; and
(B) to that end, should be used to supplement and
not replace current conservation funding, including
funding for other Federal and State habitat
conservation programs;
(2) where practicable, fee title acquisitions under this
Act should be managed for public access in accordance with the
requirements of any waterfowl production area designated as a
component of the National Wildlife Refuge System under section
4 of the National Wildlife Refuge System Administration Act of
1966 (16 U.S.C. 668dd(a)(1)); and
(3) this Act and the amendments made by this Act should be
implemented in a manner that helps private landowners achieve
long-term land use objectives in a manner that enhances the
conservation of wetland and wildlife habitat. | Wetlands Loan Act of 2007 - Amends the Wetlands Loan Act to increase and extend funding for conservation of migratory waterfowl and habitat essential to the preservation of such waterfowl for FY2009-FY2018.
Requires such appropriated funds to be treated as advances to the Migratory Bird Conservation Fund, which shall be repaid to the Treasury in annual amounts that are equal to the funds accruing to such Fund attributable to the portion of the price of migratory bird hunting stamps sold that year in excess of $15 per stamp. Declares that in any year for which funds are not appropriated pursuant to this Act and no amount remains to be repaid to the Treasury, such excess amount shall be deposited into the Fund.
Amends the Migratory Bird Hunting and Conservation Stamp Act to revise provisions concerning the price of stamps. Sets forth the price of each stamp for 2009 through 2015, 2016 through 2022, and 2023 and thereafter.
Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to report to Congress on stamp price comparisons and the purchasing power of the revenue generated by the stamps.
Expresses the sense of Congress that: (1) the funds generated pursuant to this Act should be used for preserving and increasing waterfowl populations in accordance with the goals and objectives of the North American Waterfowl Management Plan and should supplement current conservation funding; (2) fee title acquisitions under this Act should be managed for public access in accordance with the requirements of any waterfowl production area designated as a component of the National Wildlife Refuge System under the National Wildlife Refuge System Administration Act of 1966; and (3) this Act should be implemented in a manner that helps private landowners achieve their long-term land use objectives in ways that enhance the conservation of wetlands and wildlife habitat. | A bill to amend Public Law 87-383 to reauthorize appropriations to promote the conservation of migratory waterfowl and to offset or prevent the serious loss of important wetland and other waterfowl habitat essential to the preservation of migratory waterfowl, and for other purposes. |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``AMT Rate Reduction
Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Section 15 Not To Apply.--No amendment made by this Act shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. REDUCTION IN MARGINAL INCOME TAX RATES FOR INDIVIDUALS.
(a) Rates for 2002.--Section 1 (relating to tax imposed) is amended
by striking subsections (a) through (d) and inserting the following:
``(a) Married Individuals Filing Joint Returns and Surviving
Spouses.--There is hereby imposed on the taxable income of--
``(1) every married individual (as defined in section 7703)
who makes a single return jointly with his spouse under section
6013, and
``(2) every surviving spouse (as defined in section 2(a)),
a tax determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $12,000...............
14% of taxable income.
Over $12,000 but not over
$45,200.
$1,680, plus 15% of the excess
over $12,000.
Over $45,200 but not over
$109,250.
$6,660, plus 27% of the excess
over $45,200.
Over $109,250 but not over
$166,450.
$23,953.50, plus 30% of the
excess over $109,250.
Over $166,450 but not over
$297,300.
$41,113.50, plus 35% of the
excess over $166,450.
Over $297,300..................
$86,911, plus 38% of the excess
over $297,300.
``(b) Heads of Households.--There is hereby imposed on the taxable
income of every head of a household (as defined in section 2(b)) a tax
determined in accordance with the following table:
``If taxable income is: The tax is:
Not over $10,000...............
14% of taxable income.
Over $10,000 but not over
$36,250.
$1,400, plus 15% of the excess
over $10,000.
Over $36,250 but not over
$93,600.
$5,337.50, plus 27% of the
excess over $36,250.
Over $93,600 but not over
$151,600.
$20,822, plus 30% of the excess
over $93,600.
Over $151,600 but not over
$297,300.
$38,222, plus 35% of the excess
over $151,600.
Over $297,300..................
$89,217, plus 38% of the excess
over $297,300.
``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads
of Households).--There is hereby imposed on the taxable income of every
individual (other than a surviving spouse as defined in section 2(a) or
the head of a household as defined in section 2(b)) who is not a
married individual (as defined in section 7703) a tax determined in
accordance with the following table:
``If taxable income is: The tax is:
Not over $6,000................
14% of taxable income.
Over $6,000 but not over
$27,050.
$840, plus 15% of the excess
over $6,000.
Over $27,050 but not over
$65,550.
$3,997.50, plus 27% of the
excess over $27,050.
Over $65,550 but not over
$136,750.
$14,362.50, plus 30% of the
excess over $65,550.
Over $136,750 but not over
$297,300.
$35,752.50, plus 35% of the
excess over $136,750.
Over $297,300..................
$91,945, plus 38% of the excess
over $297,300.
``(d) Married Individuals Filing Separate Returns.--There is hereby
imposed on the taxable income of every married individual (as defined
in section 7703) who does not make a single return jointly with his
spouse under section 6013, a tax determined in accordance with the
following table:
``If taxable income is: The tax is:
Not over $6,000................
14% of taxable income.
Over $6,000 but not over
$22,600.
$840, plus 15% of the excess
over $6,000.
Over $22,600 but not over
$54,625.
$3,330, plus 27% of the excess
over $22,600.
Over $54,625 but not over
$83,225.
$11,976.75, plus 30% of the
excess over $54,625.
Over $83,225 but not over
$148,650.
$20,556.75, plus 35% of the
excess over $83,225.
Over $148,650..................
$43,455.50, plus 38% of the
excess over
$148,650.''.
(b) Phasein of Rate Reductions.--Section 1 is amended by adding at
the end the following new subsection:
``(i) Phasein of 2006 Rates of 10, 15, 25, and 33 Percent.--
``(1) In general.--In the case of taxable years beginning
in a calendar year after 2002, the tax rates determined under
subsection (a), (b), (c), or (d) shall be the tax rates imposed
by such subsection in taxable years beginning in calendar year
2002, reduced--
``(A) in the case of the 14 percent rate, by 1
percentage point in each taxable year beginning in a
calendar year after 2002 and before 2007,
``(B) in the case of the 27 and 35 percent rates,
by 1 percentage point in taxable years beginning in
calendar year 2004, and by an additional 1 percentage
point in taxable years beginning in calendar year 2006,
and
``(C) in the case of the 30 and 38 percent rate, by
1 percentage point in each taxable year beginning in a
calendar year after 2002 and before 2006, and by an
additional 2 percentage points in taxable years
beginning in calendar year 2006.
``(2) Adjustment of tables.--The Secretary shall adjust the
tables prescribed under subsection (f) to carry out the
reductions under this subsection.''.
(c) Inflation Adjustment To Apply in Determining Rates for 2002.--
Subsection (f) of section 1 is amended--
(1) by striking ``1993'' in paragraph (1) and inserting
``2001'',
(2) by striking ``1992'' in paragraph (3)(B) and inserting
``2000'', and
(3) by striking paragraph (7) and inserting the following
new paragraph:
``(7) Special rule for certain brackets.--
``(A) Calendar years 2002 through 2006.--In
prescribing the tables under paragraph (1) which apply
with respect to taxable years beginning in calendar
years after 2001 and before 2007, the Secretary shall
make no adjustment to the dollar amounts at which the
first rate bracket begins or at which the second rate
bracket begins under any table contained in subsection
(a), (b), (c), or (d).
``(B) Later calendar years.--In prescribing the
tables under paragraph (1) which apply with respect to
taxable years beginning in a calendar year after 2006,
the cost-of-living adjustment used in making
adjustments to the dollar amounts referred to in
subparagraph (A) shall be determined under paragraph
(3) by substituting `2005' for `2000'.''.
(d) Conforming Amendments.--
(1) The following provisions are each amended by striking
``1992'' and inserting ``2000'' each place it appears:
(A) Section 32(j)(1)(B).
(B) Section 41(e)(5)(C).
(C) Section 42(h)(3)(H)(i)(II).
(D) Section 59(j)(2)(B).
(E) Section 63(c)(4)(B).
(F) Section 68(b)(2)(B).
(G) Section 132(f)(6)(A)(ii).
(H) Section 135(b)(2)(B)(ii).
(I) Section 146(d)(2)(B).
(J) Section 151(d)(4).
(K) Section 220(g)(2).
(L) Section 221(g)(1)(B).
(M) Section 512(d)(2)(B).
(N) Section 513(h)(2)(C)(ii).
(O) Section 685(c)(3)(B).
(P) Section 877(a)(2).
(Q) Section 911(b)(2)(D)(ii)(II).
(R) Section 2032A(a)(3)(B).
(S) Section 2503(b)(2)(B).
(T) Section 2631(c)(2).
(U) Section 4001(e)(1)(B).
(V) Section 4261(e)(4)(A)(ii).
(W) Section 6039F(d).
(X) Section 6323(i)(4)(B).
(Y) Section 6334(g)(1)(B).
(Z) Section 6601(j)(3)(B).
(AA) Section 7430(c)(1).
(2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each
amended by striking ``begins,'' and all that follows through
``thereof''.
(3) Subclause (II) of section 42(h)(6)(G)(i) is amended by
striking ``1987'' and inserting ``2000''.
(e) Additional Conforming Amendments.--
(1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15
percent'' and inserting ``10 percent''.
(2) Section 1(h) is amended--
(A) by striking ``28 percent'' both places it
appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and
inserting ``15 percent'', and
(B) by striking paragraph (13).
(3) Section 531 is amended by striking ``39.6 percent'' and
inserting ``33 percent''.
(4) Section 541 of such Code is amended by striking ``39.6
percent'' and inserting ``33 percent''.
(5) Section 3402(p)(1)(B) is amended by striking ``7, 15,
28, or 31 percent'' and inserting ``5, 10, 15, or 25 percent''.
(6) Section 3402(p)(2) is amended by striking ``15
percent'' and inserting ``10 percent''.
(7) Section 3402(q)(1) is amended by striking ``28
percent'' and inserting ``15 percent''.
(8) Section 3402(r)(3) is amended by striking ``31
percent'' and inserting ``25 percent''.
(9) Section 3406(a)(1) is amended by striking ``31
percent'' and inserting ``25 percent''.
(10) The Secretary of the Treasury may prescribe
percentages which shall apply in lieu of the percentages
specified in the amendments made by this subsection in order to
coordinate those percentages with the percentages specified in the
tables prescribed under the last sentence of section 1(i)(1) of the
Internal Revenue Code of 1986, as added by this section.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Amendments to withholding provisions.--The amendments
made by paragraphs (5), (6), (7), (8), and (9) of subsection
(e) shall apply to amounts paid after December 31, 2001.
SEC. 3. REDUCTION IN ALTERNATIVE MINIMUM TAX RATES FOR INDIVIDUALS.
(a) In General.--Clause (i) of section 55(b)(1)(A) (defining
tentative minimum tax) is amended to read as follows:
``(i) In general.--In the case of a
taxpayer other than a corporation, the
tentative minimum tax for the taxable year is
25 percent of the taxable excess.''
(b) Phasein of Reduced Rate for Certain Taxpayers.--Subparagraph
(A) of section 55(b)(1) is amended by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and by inserting after
clause (ii) the following new clause:
``(iii) Phasein of reduced rate.--In the
case of so much of the taxable excess as
exceeds $175,000, clause (i) shall be applied
by substituting for `25 percent'--
``(I) 27 percent in the case of
taxable years beginning during 2002 or
2003, and
``(II) 26 percent in the case of
taxable years beginning during 2004 or
2005.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | AMT Rate Reduction Act of 2001 - Amends the Internal Revenue Code to provide for a reduction in tax rates for individuals for calendar year 2002, as well as further reductions through calendar year 2006.Provides for a reduction in the alternative minimum tax for individuals. | To amend the Internal Revenue Code of 1986 to provide individual income tax rate reductions. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pre-Claims Undermine Seniors' Health
Act of 2016'' or the ``PUSH Act of 2016''.
SEC. 2. DELAY IN THE MEDICARE DEMONSTRATION FOR PRE-CLAIM REVIEW OF
HOME HEALTH SERVICES.
(a) In General.--In the case of the demonstration for pre-claim
review for home health services furnished under title XVIII of the
Social Security Act for operation in 5 States under section
402(a)(1)(J) of the Social Security Amendments of 1967 (42 U.S.C.
1395b-1(a)(1)(J)), as announced in the Federal Register on June 10,
2016 (81 Fed. Reg. 37598)--
(1) in the case of any of such 5 States in which the
demonstration began operation before the date of the enactment
of this section, the Secretary of Health and Human Services
shall suspend the operation of the demonstration in such State
so it does not apply to episodes of care beginning earlier than
the later of--
(A) 1 year after such date of enactment; or
(B) 6 months after the date that the Congress
receives the report submitted under subsection (b);
(2) in the case of any of such 5 States not described in
paragraph (1), the Secretary shall delay any operation of the
demonstration in each State so it does not apply to episodes of
care beginning earlier than the later of--
(A) 1 year after the earliest date that such
demonstration was scheduled to begin operation in the
State as so announced; or
(B) 6 months after the date the Congress receives
such report; and
(3) in the case of a State not described in paragraph (1)
or (2), the Secretary shall not begin operation of such a
demonstration in the State until at least the later of--
(A) 1 year after such date of enactment; or
(B) 6 months after the date that the Congress
receives such report.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to Congress on
Medicare pre-claim review of home health services. The report shall
include at least the following:
(1) A comprehensive analysis and description of the impact
of Medicare pre-claim review of home health services in any
State in which it had been implemented before the date of the
enactment of this Act, including its impact on Medicare
beneficiaries, home health agencies, physicians, and Medicare
administrative costs and the data described in paragraph (5).
(2) A detailed description of the resources used by home
health agencies, physicians, and the Department of Health and
Human Services and its contractors in conducting such pre-claim
review.
(3) A description of alternative measures that can be taken
to identify the nature of improper payments in Medicare home
health services, the root cause for such improper payments, and
possible corrective actions (other than the use of pre-claim
review) that can be taken.
(4) Detailed data on the claims subject to, and the result
of, Medicare pre-claim review conducted before the date of the
enactment of this Act, including the following:
(A) The number of pre-claim submissions and
resubmissions.
(B) The percentage of responses to such submissions
and resubmissions that--
(i) fully approve (or affirm) such
services;
(ii) fully disapprove (or non-affirm) such
services; or
(iii) do not fully approve (or affirm), or
fully disapprove (or non-affirm), such
services.
(C) Changes in utilization of and spending on
Medicare-covered home health services, inpatient
hospital care, and skilled nursing facility services.
(D) The number of home health agencies in States
where such pre-claim review occurred.
(E) The average dollar amount per claim and
aggregate amount involved in such reviews, based on the
types of responses described in subparagraph (B).
(F) The 50 diagnosis codes that were most
frequently subject to review.
(G) The proportion of cases subject to review that
were post-acute care.
(H) The impact of the review on patient access to
home health services.
(I) The impact of the review on the continuity of
care, including the proportion of cases that result in
a disruption or delay in patient care. | Pre-Claims Undermine Seniors' Health Act of 2016 or the PUSH Act of 2016 This bill delays the Medicare demonstration for pre-claim review of home health services and requires the Centers for Medicare & Medicaid Services (CMS) to report on such pre-claim review. Specifically, CMS shall delay or suspend the demonstration by the later of: (1) one year after either the bill's enactment or the demonstration's scheduled start-date, as applicable; or (2) six months after CMS submits its report. | PUSH Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Textiles and Apparel China Safeguard
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Since January 1, 2001, the United States textiles and
apparel industries have lost 345,000 jobs.
(2) Under the terms of the Agreement on Textiles and
Clothing of the World Trade Organization, on January 1, 2005,
the United States will be required to eliminate all quotas on
textiles and apparel products maintained against other World
Trade Organization members, including the People's Republic of
China.
(3) Job losses are expected to continue, and to accelerate
after the elimination of United States quotas, with at least
one study estimating that an additional 630,000 United States
jobs in the textiles and apparel sector will be lost by the end
of 2006.
(4) Many analysts believe that the People's Republic of
China's dominance of the United States textiles and apparel
market will grow after the elimination of quotas, with some
studies indicating that imports from the People's Republic of
China will account for more than two-thirds of total United
States consumption by 2006.
(5) President Clinton negotiated the right to use a special
textiles and apparel safeguard as an integral part of the
agreement allowing the People's Republic of China to join the
World Trade Organization. The safeguard allows the United
States to impose quotas on exports to the United States of
textiles and apparel products of the People's Republic of China
if such exports result in or threaten disruption of the United
States market.
(6) The current Administration delayed in applying the
special textiles and apparel safeguard by failing to implement
it for 17 months after the accession to the World Trade
Organization of the People's Republic of China. During this
delay, exports to the United States of textiles and apparel
products of the People's Republic of China increased
substantially, while significant numbers of United States
textiles and apparel workers lost their jobs.
(7) When the executive branch finally issued procedures to
implement the safeguard on May 21, 2003, those procedures
severely restricted the ability of the United States textiles
and apparel industries and their workers to employ the
safeguard in ways not required by the Accession Agreement of
the People's Republic of China to the World Trade Organization.
(8) To date, the executive branch has refused to self-
initiate a case under the special textiles and apparel
safeguard, notwithstanding the significant increase in exports
to the United States of textiles and apparel products of the
People's Republic of China and concurrent job losses in the
United States in the textiles and apparel industries.
(9) Large bipartisan groups of Members of the House of
Representatives and Senate urged the President to support a
special session of the World Trade Organization to discuss the
impact that expiration of textiles and apparel quotas will have
on trade and employment in this sector throughout the world.
(10) Despite studies showing major employment loss in the
United States and disruptions in trade throughout the world,
the President did not support such a special session at the
World Trade Organization and has not created a comprehensive
plan to address the expiration of the quota regime.
(11) As part of the Doha Round negotiations of the World
Trade Organization, the President has proposed to eliminate
textiles and apparel tariffs.
SEC. 3. MODIFICATION OF REGULATIONS.
The President shall, upon the enactment of this Act, modify the
procedures for considering requests from the public for safeguard
actions on imports of textiles and apparel products of the People's
Republic of China, as published in the Federal Register on May 21,
2003, so that import relief will be provided, in accordance with the
Accession Agreement of the People's Republic of China to the World
Trade Organization, if a claim is supported by data showing that
imports of textiles or apparel products of Chinese origin are, due
either to market disruption, or to the threat of market disruption,
threatening to impede the orderly development of trade in such
products, including products not produced in the United States if such
products include components of United States origin.
SEC. 4. COMPREHENSIVE AGREEMENT ON TEXTILES AND APPAREL PRODUCTS.
The President shall, upon the enactment of this Act, initiate
consultations with the People's Republic of China for the purpose of
reaching an agreement with that country on the application of
quantitative limitations on imports into the United States of all
textiles and apparel products that--
(1) are products of the People's Republic of China;
(2) as of September 1, 2004, are subject to quotas under
the Agreement on Textiles and Clothing of the World Trade
Organization; and
(3) meet the requirements for applying safeguards on such
imports, as modified under section 3.
SEC. 5. IMPOSITION OF QUANTITATIVE LIMITATIONS.
If, within 90 days after consultations under section 4 are
initiated, an agreement described in section 4 is not reached, the
President shall impose the quantitative limitations provided for in the
Accession Agreement referred to in section 3 on imports of all textiles
and apparel products that were the subject of the consultations. | Textiles and Apparel China Safeguard Act - Requires the President to modify the procedures for considering requests from the public for safeguard actions on imports of textiles and apparel products of the People's Republic of China (PRC), as published in the Federal Register on May 21, 2003, so that import relief will be provided, in accordance with the Accession Agreement of the PRC to the World Trade Organization (WTO), if a claim is supported by data showing that imports of textiles or apparel products of Chinese origin are threatening to impede the orderly development of trade in such products, including products not produced in the United States if such products include components of U.S. origin.
Requires the President to: (1) initiate consultations with the PRC to reach an agreement on the application of quantitative limitations on U.S. imports of all PRC textiles and apparel products that are subject, as of September 1, 2004, to quotas under the Agreement on Textiles and Clothing of the WTO, and meet the requirements for applying safeguards on such imports; and (3) impose the quantitative limitations on such textiles and apparel products provided for in the Accession Agreement if, after consultations are inititated, an agreement is not reached. | To require the President to take certain actions to enforce the textiles and apparel safeguard with respect to imports from the People's Republic of China. |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Charity
Enhancement Act of 2008''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Funds advised by certain public charities and governmental
entities not treated as donor advised
funds.
Sec. 3. Certain scholarship distributions from donor advised funds not
treated as taxable distributions.
Sec. 4. Repeal of special written acknowledgment requirement for
charitable contributions to donor advised
funds.
Sec. 5. Reasonable compensation paid by supporting organizations to
substantial contributors not treated as an
excess benefit.
Sec. 6. Exception from holdings and payout requirements for
longstanding, fully funded type III
supporting organizations.
Sec. 7. Contributions by Indian tribal governments treated same as
contributions by States.
Sec. 8. Electronic filing of exempt organization annual returns.
Sec. 9. Expansion of bad check penalty to electronic payments, etc.
SEC. 2. FUNDS ADVISED BY CERTAIN PUBLIC CHARITIES AND GOVERNMENTAL
ENTITIES NOT TREATED AS DONOR ADVISED FUNDS.
(a) In General.--Subparagraph (B) of section 4966(d)(2) is amended
by striking ``or'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``, or'', and by adding at the end
the following new clause:
``(iii) if all contributions to such fund
or account have been made, and all advisory
privileges referred to in subparagraph (A)(iii)
with respect to such fund or account have been
exercised, by either--
``(I) one or more organizations
described in clause (i), (ii), (iii),
(iv), or (vi) of section 170(b)(1)(A)
or section 509(a)(2), or
``(II) one or more entities
described in section 170(c)(1).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. CERTAIN SCHOLARSHIP DISTRIBUTIONS FROM DONOR ADVISED FUNDS NOT
TREATED AS TAXABLE DISTRIBUTIONS.
(a) In General.--Subsection (c) of section 4966 is amended by
adding at the end the following new paragraph:
``(3) Exception for certain scholarship distributions.--
``(A) In general.--The term `taxable distribution'
shall not include any qualified scholarship
distribution from a qualified scholarship fund.
``(B) Qualified scholarship distribution.--The term
`qualified scholarship distribution' means any grant to
a natural person for travel, study, or other similar
purposes made from a donor advised fund if all such
grants meet the requirements of subsection
(d)(2)(B)(ii)(III).
``(C) Qualified scholarship fund.--The term
`qualified scholarship fund' means any donor advised
fund if--
``(i) the advisory privileges referred to
in subsection (d)(2)(A)(iii) with respect to
such fund are exercised solely by an
organization described in paragraph (4) of
section 501(c) and exempt from tax under
section 501(a), and
``(ii) substantially all of the
distributions from such fund are qualified
scholarship distributions.''.
(b) Application of Tax on Prohibited Benefits to Qualified
Scholarship Distributions.--Subsection (c) of section 4967 is amended
by adding at the end the following new paragraph:
``(3) Qualified scholarship funds.--Each substantial
contributor (as defined in section 4958(c)(3)(C)) to a
qualified scholarship fund and each family member (within the
meaning of section 4958(f)(4)) of such person shall be treated
as a person described in subsection (d) with respect to such
fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act.
SEC. 4. REPEAL OF SPECIAL WRITTEN ACKNOWLEDGMENT REQUIREMENT FOR
CHARITABLE CONTRIBUTIONS TO DONOR ADVISED FUNDS.
(a) In General.--Paragraph (18) of section 170(f) is amended--
(1) by striking subparagraph (B),
(2) by striking ``if--'' and all that follows through ``the
sponsoring organization (as defined in section 4966(d)(1))''
and inserting ``if the sponsoring organization (as defined in
section 4966(d)(1)))'', and
(3) by redesignating clauses (i) and (ii) of subparagraph
(A) (as in effect before amendment by paragraph (2)) as
subparagraphs (A) and (B) and by moving such subparagraphs 2
ems to the left.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 5. REASONABLE COMPENSATION PAID BY SUPPORTING ORGANIZATIONS TO
SUBSTANTIAL CONTRIBUTORS NOT TREATED AS AN EXCESS
BENEFIT.
(a) In General.--Clause (ii) of section 4958(c)(3)(A) is amended to
read as follows:
``(ii) the term `excess benefit' includes,
with respect to any transaction described in
clause (i)--
``(I) in the case of any grant,
loan, or similar payment, the amount of
such grant, loan, or similar payment,
and
``(II) in the case of any
compensation or similar payment, the
amount by which the value of the
economic benefit provided exceeds the
value of the consideration (including
the performance of services) received
for providing such benefit.''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid pursuant to transactions entered into after the date of
the enactment of this Act.
SEC. 6. EXCEPTION FROM HOLDINGS AND PAYOUT REQUIREMENTS FOR
LONGSTANDING, FULLY FUNDED TYPE III SUPPORTING
ORGANIZATIONS.
(a) Holdings Requirements.--Subsection (f) of section 4943 is
amended by adding at the end the following new paragraph:
``(8) Exception for certain longstanding fully funded type
iii supporting organizations.--Paragraph (1) shall not apply to
any organization if--
``(A) the organization was established before
January 1, 1970,
``(B) the organization has not accepted any
substantial contributions after December 31, 1970,
``(C) no donor to the organization was alive on
August 17, 2006, and
``(D) no family member (within the meaning of
section 4958(f)(4)) of any donor is an organization
manager (as defined in section 4958(f)(2)).''.
(b) Payout Requirements.--Section 1241(d)(1) of the Pension
Protection Act of 2006 shall not apply to any organization described in
section 4943(f)(8) of the Internal Revenue Code of 1986, as added by
this section.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 7. CONTRIBUTIONS BY INDIAN TRIBAL GOVERNMENTS TREATED SAME AS
CONTRIBUTIONS BY STATES.
(a) In General.--Section 7871(a) (relating to Indian tribal
governments treated as States for certain purposes) is amended by
striking ``and'' at the end of paragraph (6), by striking the period at
the end of paragraph (7) and inserting ``; and'', and by adding at the
end the following new paragraph:
``(8) for purposes of--
``(A) determining support of an organization
described in section 170(b)(1)(A)(vi), and
``(B) determining whether an organization is
described in paragraph (1) or (2) of section 509(a) for
purposes of section 509(a)(3).''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to--
(1) support received on or after the date of the enactment
of this Act, and
(2) the determination of the status of any organization
with respect to any taxable year beginning after such date of
enactment.
SEC. 8. ELECTRONIC FILING OF EXEMPT ORGANIZATION ANNUAL RETURNS.
(a) In General.--Subsection (d) of section 6104 (relating to public
inspection of certain annual returns, reports, applications for
exemption, and notices of status) is amended--
(1) by redesignating the paragraph relating to disclosure
of reports by Internal Revenue Service as paragraph (7),
(2) by redesignating the paragraph relating to application
to nonexempt charitable trusts and nonexempt private
foundations as paragraph (8), and
(3) by adding at the end the following new paragraph:
``(9) Returns required on magnetic media, etc.--Any
organization (other than an organization exempt from tax under
section 527(a)) which--
``(A) is required to make available information for
inspection under paragraph (1)(A), and
``(B) would be required to file returns on magnetic
media or in other machine-readable form under
subsection (e) of section 6011 if such subsection were
applied by substituting `at least 5 returns' for `at
least 250 returns' in paragraph (2)(A) thereof,
shall file the information referred to in clauses (i) and (ii)
of paragraph (1)(A) on such magnetic media or in other machine-
readable form.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to returns required to be filed for taxable years beginning after
the date of the enactment of this Act.
SEC. 9. EXPANSION OF BAD CHECK PENALTY TO ELECTRONIC PAYMENTS, ETC.
(a) In General.--Section 6657 (relating to bad checks) is amended
by adding at the end the following: ``Except as otherwise provided by
the Secretary, any authorization of a payment by commercially
acceptable means (within the meaning of section 6311) shall be treated
for purposes of this section in the same manner as a check.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to authorizations of payments made after December 31, 2005.
Passed the House of Representatives September 27, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Charity Enhancement Act of 2008 - Amends the Internal Revenue Code to modify rules and definitions relating to the excise tax on distributions from donor advised funds (charitable funds in which a donor has, or reasonably expects to have, advisory privileges with respect to the distribution or investment of amounts held in such funds by reason of his or her status as a donor).
Excludes from the definition of "donor advised fund" charitable funds that receive contributions or are advised solely by one or more public charities or governmental entities.
Exempts certain scholarship distributions from the tax on distributions from donor advised funds.
Repeals the requirement of a written acknowledgment by a supporting organization (a charitable organization that maintains one or more donor advised funds) that it has exclusive legal control over assets contributed to it.
Exempts certain compensation and benefits paid to substantial contributors by supporting organizations from treatment as excess benefits.
Exempts certain supporting organizations established before January 1, 1970, from applicable holdings and payout requirements.
Treats contributions to tax-exempt organizations by Indian tribal governments in the same manner as contributions by states for purposes of determining the classification of an organization as a public charity or private foundation.
Requires certain tax-exempt organizations that file at least five tax returns annually with the Internal Revenue Service (IRS) to use electronic filing.
Extends the bad check penalty to payments of tax by commercially acceptable means (e.g., electronic payments). | To amend the Internal Revenue Code of 1986 to enhance charitable giving and improve disclosure and tax administration. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare-to-Work Incentives Act of
1994''.
SEC. 2. APPLICATION FOR WAIVERS NECESSARY TO DISREGARD PRIVATE SECTOR
INCOME.
Any entity that administers a welfare program in a State or a
political subdivision of a State may submit to the Secretary an
application that contains the following:
(1) Request for waiver.--A request that compliance by the
applicant with any Federal statutory or regulatory requirement
be waived to the extent necessary to enable the applicant in
determining eligibility for, or amount of, benefits under the
program to disregard private sector income in accordance with
rules set forth in the application.
(2) Geographic area.--The geographic area in which the
waiver is requested to apply.
(3) Recipients.--The particular groups of individuals, by
age, service needs, economic circumstances, or other defining
factors, with respect to whom the waiver is requested to apply.
(4) Objectives and performance criteria.--Specific
objectives and criteria for measuring levels of performance
under the program during the period for which the waiver is
requested to apply, a description of how such objectives and
levels of performance are expected to be achieved, a
description of how such criteria are to be used to measure
performance, and a system for the comprehensive evaluation of
the impact of the waiver on participants, on the community, and
on costs.
(5) Covered program.--The welfare program to which the
waiver is requested to apply, and the criteria for determining
eligibility for benefits under the program.
(6) Fiscal control and accountability.--Fiscal control and
related accountability procedures that are to apply under the
program during the period for which the waiver is requested to
apply.
(7) Waiver period.--The period during which the waiver is
requested to be in effect.
(8) Other information.--Any other information the Secretary
may require to approve the application.
SEC. 3. REVIEW AND APPROVAL OF APPLICATIONS; WAIVERS.
(a) Review.--Upon receipt of an application submitted in accordance
with section 2, the Secretary shall--
(1) approve or disapprove the application within 90 days
after such receipt;
(2) notify the applicant in writing of such approval or
disapproval; and
(3) if the application is disapproved, include in the
notice of disapproval a written justification of the reasons
therefor.
(b) Conditional Approval.--The Secretary may condition approval of
such an application on the acceptance by the applicant of specific
modifications to the application.
(c) Approval.--
(1) Requirements.--The Secretary shall approve such an
application, subject to paragraph (2), if the Secretary
determines that--
(A) granting the waiver requested in the
application will improve the effectiveness of the
covered program;
(B) the applicant has adequately considered, and
the application appropriately addresses, the effects
that the administration of the covered program will
have on the administration of any other welfare
program; and
(C) the applicant has or is developing data bases,
planning, and evaluation processes that are adequate
for operating the covered program under the waiver and
evaluating the effects of the waiver.
(2) Limitation.--The Secretary may not approve such an
application with respect to a covered program if the Secretary
determines that, over time, the operation of the covered
program under the waiver requested in the application will
result in a net cost to the Federal Government. In making the
determination, the Secretary shall take into account the
estimated benefits of the covered program, including any
resulting reduction in the costs of other welfare programs and
any resulting increase in Federal revenues.
(3) Implementation period.--In approving such an
application, the Secretary shall specify the period during
which the waiver is to apply to the covered program.
(d) Waivers.--If the Secretary approves an application for the
waiver under subsection (c), the Secretary shall, subject to this
subsection, waive compliance by the applicant with any requirement of
Federal law or regulation that would prevent the applicant from
disregarding private sector income in determining eligibility for, or
amount of, benefits under the covered program.
SEC. 4. EVALUATIONS.
(a) In General.--Any entity whose application is approved under
this Act shall, in accordance with regulations issued by the
Secretary--
(1) submit such reports on, and cooperate in such audits
of, the implementation of the assistance plan contained in the
application; and
(2) periodically evaluate the effects that implementation
of the plan has had on--
(A) individuals who receive benefits under the
covered program included in the plan;
(B) communities where such individuals live; and
(C) costs of administering the covered program
included in the plan.
(b) Annual Reports.--Not later than 90 days after the end of the 1-
year period beginning on the date an application is approved under this
Act, and annually thereafter, the applicant shall submit to the
Secretary a report on the principal activities and achievements under
the covered program operated in accordance with the approved
application during the period covered by the report, and the report
shall compare those achievements to the objectives and performance
criteria included in the application pursuant to section 2(4).
(c) Final Report.--Not later than 45 days after the end of the
period for which the Secretary has initially authorized an applicant to
operate a covered program in accordance with an approved application
under this Act, or at any time that the applicant determines that the
plan has demonstrated its worth and proven to be a superior way to
provide benefits under the covered program, the entity shall submit to
the Secretary a final report on such implementation, including a full
evaluation of the successes and shortcomings of the covered program as
so operated and the effects of such implementation on individuals who
receive benefits under the covered program.
(d) Extension of Plans.--The Secretary may extend, for such period
as may be appropriate, the period for which an applicant may operate a
covered program in accordance with an approved application under this
Act, based on the report of the applicant under subsection (c).
(e) Suspension and Termination.--
(1) In general.--The Secretary may suspend or terminate the
effectivenesss of any waiver granted under this Act with
respect to a covered program if the Secretary determines that--
(A) the applicant has failed to carry out the
covered program in accordance with any applicable
provision of law or regulation; or
(B) the objectives and performance criteria
included in the application pursuant to section 2(4)
have not been met.
(2) Timing.--In suspending or terminating waiver under
paragraph (1), the Secretary shall allow a reasonable period of
time for appropriate Federal, State, and local agencies to
resume administration of the covered program in accordance with
otherwise applicable law.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Covered program.--The term ``covered program'' means,
with respect to an application for a waiver, the welfare
program to which the application requests the waiver to apply.
(2) Secretary.--The term ``Secretary'' means, with respect
to a covered program, the Secretary of Health and Human
Services and the head of the Federal agency responsible for the
administration of the covered program.
(3) State.--
(A) In general.--The term ``State'' means the 50
States, the District of Columbia, Puerto Rico, American
Samoa, Guam, and the Virgin Islands.
(B) Indian tribes.--In the case of a welfare
program under which assistance is provided with respect
to an Indian tribe, the Indian tribal organization is
deemed to be a State.
(4) Welfare program.--The term ``welfare program'' means
any Federal or federally assisted program eligibility for which
is based, in whole or in part, on financial need.
SEC. 6. REPORTS.
(a) In General.--The Comptroller General of the United States shall
submit to the Congress 2 reports that--
(1) describe the extent to which welfare programs have been
operated in accordance with waivers granted under this Act;
(2) evaluate the effectiveness of the welfare programs as
so operated; and
(3) include recommendations with respect to whether to
continue activities under this Act.
(b) Timing.--The Comptroller General shall submit a report under
subsection (a) not later than 3 years after the date of the enactment
of this Act, and another such report not later than 6 years after such
date of enactment.
SEC. 7. SUNSET.
Any authority provided under this Act shall expire 7 years after
the date of the enactment of this Act. | Welfare-to-Work Incentives Act of 1994 - Authorizes any State or local welfare program administering entity to apply to the Secretary of Health and Human Services for a waiver of compliance with any Federal statutory or regulatory requirement to the extent necessary to enable the applicant in determining eligibility for, or amount of, benefits under the program to disregard private sector income in accordance with rules set forth in the application.
Specifies contents of a waiver application.
Requires the Secretary to approve or disapprove an application within 90 days after receipt. Specifies approval procedures.
Requires periodic evaluations by an entity with a waiver of the effects of plan implementation on benefit recipients, their communities, and the costs of administering the covered program.
Provides for suspension or termination of a waiver. | Welfare-to-Work Incentives Act of 1994 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TSA Opportunities to Pursue Expanded
Networks for Business Act'' or the ``TSA OPEN for Business Act''.
SEC. 2. STRATEGY.
(a) In General.--Subtitle B of title XVI of the Homeland Security
Act of 2002 (6 U.S.C. 563 et seq.) is amended by adding at the end
following new section:
``SEC. 1617. DIVERSIFIED TECHNOLOGY STAKEHOLDER MARKETPLACE.
``(a) In General.--Not later than 120 days after the date of the
enactment of this section, 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
strategy to diversify the technology stakeholder marketplace that the
Administrator relies upon to acquire security screening technologies,
including by increased participation of small business innovators.
``(b) Contents.--The strategy required under subsection (a) shall
include the following:
``(1) Information on how Administration solicitation,
testing, evaluation, piloting, acquisition, and procurement
processes impact the Administrator's ability to acquire from a
technology stakeholder, including a small business innovator,
that has not previously provided technology to the
Administration, an innovative technology or capability with the
potential to enhance transportation security.
``(2) Specific actions that the Administrator will take,
including modifications to the processes described in paragraph
(1), to foster diversification within the technology
stakeholder marketplace, together with information on projected
timelines for such actions.
``(3) Plans for how the Administrator may, to the extent
practicable, assist a small business innovator at certain
points in such processes, including when such an innovator
lacks adequate resources to participate in such processes, to
help ensure that an advanced technology or capability can be
developed and acquired by the Administrator.
``(4) A feasibility assessment of partnering with an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a)
of such Code to help provide venture capital to businesses,
particularly small business innovators, for commercialization
of innovative homeland security technologies that are expected
to be ready for commercialization in the near term and within
36 months. In conducting such feasibility assessment, the
Administrator shall consider the following:
``(A) Establishing an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986
and exempt from tax under section 501(a) of such Code,
modeled after the In-Q-tel program, as a venture
capital partnership between the private sector and the
intelligence community to help businesses, particularly
small business innovators, commercialize innovative
security-related technologies.
``(B) Enhanced engagement, either through the
Science and Technology Directorate of the Department of
Homeland Security or directly, with the In-Q-tel
program described in subparagraph (A).
``(c) Rule of Construction.--Nothing in this section may be
construed as requiring changes to the Transportation Security
Administration standards for security technology.
``(d) Definitions.--In this section:
``(1) Intelligence community.--The term `intelligence
community' has the meaning given such term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
``(2) Small business concern.--The term `small business
concern' has the meaning described under section 3 of the Small
Business Act (15 U.S.C. 632).
``(3) Small business innovator.--The term `small business
innovator' means a stakeholder that is a small business concern
that has an advanced transportation security technology or
capability.''.
(b) Comptroller General Review.--Not later than one year after the
submission of the strategy required under section 1617 of the Homeland
Security Act of 2002 (as added by subsection (a)), the Comptroller
General of the United States 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 review of the extent to
which such strategy addresses the requirements of such section, has
resulted in increased participation of small business innovators in the
technology stakeholder marketplace, and has resulted in a
diversification of the marketplace.
(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 item:
``Sec. 1617. Diversified technology stakeholder marketplace.''.
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk. | TSA Opportunities to Pursue Expanded Networks for Business Act or the TSA OPEN for Business Act. (Sec. 2) This bill amends the Homeland Security Act of 2002 to require the Transportation Security Administration (TSA) to submit to Congress a strategy to diversify the technology stakeholder marketplace that the TSA relies upon to acquire security screening technologies, including by increased participation of small business innovators. The bill specifies the content of such strategy. The bill also requires the Government Accountability Office to review the strategy and the extent to which it has resulted in increased participation of small business innovators and the diversification of the marketplace. | TSA Opportunities to Pursue Expanded Networks for Business Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Foods Equity Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Newborns are screened for inborn errors of metabolism,
but treatment for such conditions is not uniformly covered by
insurance.
(2) Each year approximately 2,550 children in the United
States are diagnosed with an inborn error of metabolism
disorder, requiring foods modified to be void of the nutrient
or nutrients the child's body is incapable of processing, or
requiring supplementation with vitamins or amino acids.
(3) More than 35 States have passed laws to at least
partially address the inequity in coverage for medically
necessary foods, critical treatment for such disorders.
(4) The cost associated with providing medically necessary
foods presents a large financial burden for many families.
(5) There is no current cure for inborn errors of
metabolism disorders and treatment is necessary during the
entire lifespan of the individual.
SEC. 3. COVERAGE IN CERTAIN FEDERAL HEALTH PROGRAMS OF MEDICALLY
NECESSARY FOOD AND FOOD MODIFIED TO BE LOW PROTEIN.
(a) Coverage Under the Medicare Program.--
(1) Coverage of medically necessary food under the original
medicare fee-for-service program.--
(A) In general.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)) is amended--
(i) in subparagraph (EE), by striking
``and'' at the end;
(ii) in subparagraph (FF), by inserting
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(GG) medically necessary food (as defined in subsection
(iii)) and food modified to be low protein that is formulated
to be consumed or administered under the supervision of a
qualified medical provider, for the treatment of conditions as
recommended by the Advisory Committee on Heritable Disorders in
Newborns and Children, and the medical equipment and supplies
necessary to administer such food;''.
(B) Definition.--Section 1861 of the Social
Security Act (42 U.S.C. 1395x) is amended by adding at
the end the following new subsection:
``(iii)(1) The term `medically necessary food'--
``(A) means a food which is formulated to be consumed or
administered enterally under the supervision of a physician and
which is intended for the specific dietary management of a
disease or condition for which distinctive nutritional
requirements, based on recognized scientific principles, are
established by medical evaluation; and
``(B) includes nutritionally modified counterparts of
traditional foods and other forms of foods such as formulas,
pills, capsules, and bars, so long as consumed or administered
enterally.
``(2) For purposes of paragraph (1), the term `enterally' refers to
consumption or administration through the gastrointestinal tract,
whether orally or by tube.''.
(C) Payment.--Section 1833(a)(1) of the Social
Security Act (42 U.S.C. 1395l(a)(1)) is amended--
(i) by striking ``and'' before ``(Z)''; and
(ii) by inserting before the semicolon at
the end the following: ``, and (AA) with
respect to medically necessary food and
pharmacological doses of vitamins and amino
acids under section 1861(s)(2)(GG), the amounts
paid shall be 80 percent of the lesser of the
actual charge for the services or 85 percent of
the amount determined under the fee schedule
established under section 1848(b) for the same
services if furnished by a physician''.
(2) Inclusion of pharmacological doses of vitamins and
amino acids as a covered part d drug.--
(A) In general.--Section 1860D-2(e)(1) of the
Social Security Act (42 U.S.C. 1395w-102(e)(1)) is
amended--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
comma at the end and inserting ``; or''; and
(iii) by inserting after subparagraph (B)
the following new subparagraph:
``(C) pharmacological doses of vitamins and amino
acids used for the treatment of inborn errors of
metabolism, for the treatment of conditions as
recommended by the Advisory Committee on Heritable
Disorders in Newborns and Children and as prescribed by
a qualified medical provider,''.
(B) Effective date.--The amendments made by
subparagraph (A) shall apply to plan years beginning on
or after the date that is 6 months after date of
enactment of this Act.
(b) Coverage Under the Medicaid Program.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (a)--
(i) in paragraph (12), by inserting
``including pharmacological doses of vitamins
and amino acids used for the treatment of
inborn errors of metabolism, for the treatment
of conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns
and Children and as prescribed by a qualified
medical provider,'' after ``prescribed
drugs,'';
(ii) in paragraph (28), by striking ``and''
at the end;
(iii) by redesignating paragraph (29) as
paragraph (30); and
(iv) by inserting after paragraph (28) the
following new paragraph:
``(29) medically necessary food (as defined in subsection
(ee)) and food modified to be low protein that is formulated to
be consumed or administered under the supervision of a
qualified medical provider, for the treatment of conditions as
recommended by the Advisory Committee on Heritable Disorders in
Newborns and Children, and the medical equipment and supplies
necessary to administer such food; and''; and
(B) by adding at the end the following new
subsection:
``(ee) Medically Necessary Food Defined.--
``(1) In general.--For purposes of subsection (a)(29), the
term `medically necessary food'--
``(A) means a food which is formulated to be
consumed or administered enterally under the
supervision of a physician and which is intended for
the specific dietary management of a disease or
condition for which distinctive nutritional
requirements, based on recognized scientific
principles, are established by medical evaluation; and
``(B) includes nutritionally modified counterparts
of traditional foods and other forms of foods such as
formulas, pills, capsules, and bars, so long as
consumed or administered enterally.
``(2) Enterally.--For purposes of paragraph (1), the term
`enterally' refers to consumption or administration through the
gastrointestinal tract, whether orally or by tube.''.
(2) Exception to rebate exclusion.--Section 1927(d)(2)(E)
of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is
amended by inserting ``, pharmacological doses of vitamins and
amino acids used for the treatment of inborn errors of
metabolism, for the treatment of conditions as recommended by
the Advisory Committee on Heritable Disorders in Newborns and
Children and as prescribed by a qualified medical provider,''
after ``prenatal vitamins''.
(3) Conforming amendment.--Section 1902(a)(10)(A) of the
Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in
the matter preceding clause (i), by striking ``and (28)'' and
inserting ``(28), and (29)''.
(4) Exception to effective date if state legislation
required.--In the case of a State plan for medical assistance
under title XIX of the Social Security Act which the Secretary
of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirement imposed
by the amendments made by this subsection, the State plan shall
not be regarded as failing to comply with the requirements of
such title solely on the basis of its failure to meet this
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
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
(c) Coverage Under CHIP.--
(1) In general.--
(A) Medically necessary food.--Section 2103(c) of
the Social Security Act (42 U.S.C. 1397cc(c)) is
amended by adding at the end the following:
``(9) Medically necessary food.--
``(A) In general.--The child health assistance
provided to a targeted low-income child under the plan
shall include coverage of medically necessary food and
food modified to be low protein that is formulated to
be consumed or administered under the supervision of a
qualified medical provider, for the treatment of
conditions as recommended by the Advisory Committee on
Heritable Disorders in Newborns and Children, and the
medical equipment and supplies necessary to administer
such food.
``(B) Definitions.--In this paragraph--
``(i) the term `medically necessary food'--
``(I) means a food which is
formulated to be consumed or
administered enterally under the
supervision of a physician and which is
intended for the specific dietary
management of a disease or condition
for which distinctive nutritional
requirements, based on recognized
scientific principles, are established
by medical evaluation; and
``(II) includes nutritionally
modified counterparts of traditional
foods and other forms of foods such as
formulas, pills, capsules, and bars, so
long as consumed or administered
enterally; and
``(ii) the term `enterally' refers to
consumption or administration through the
gastrointestinal tract, whether orally or by
tube.''.
(B) Vitamins and amino acids.--Section 2110(a)(6)
of the Social Security Act (42 U.S.C. 1397jj(a)(6)) is
amended by striking ``and biologicals and the
administration of such drugs and biologicals, only if
such drugs and biologicals'' and inserting ``,
pharmacological doses of vitamins and amino acids used
for the treatment of inborn errors of metabolism, for
the treatment of conditions as recommended by the
Advisory Committee on Heritable Disorders in Newborns
and Children and as prescribed by a qualified medical
provider, and biologicals, and the administration of
such drugs, vitamins and amino acids, and biologicals,
only if such drugs, vitamins and amino acids, and
biologicals''.
(2) Conforming amendment.--Section 2103(a) of the Social
Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter
preceding paragraph (1), by striking ``, and (7)'' and
inserting ``, (7), and (9)''.
(3) Exception to effective date if state legislation
required.--In the case of a State child health plan for child
health assistance under title XXI of the Social Security Act
which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirement imposed by the amendments made by this
subsection, the State child health plan shall not be regarded
as failing to comply with the requirements of such title solely
on the basis of its failure to meet this 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 the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
(d) Availability of Medically Necessary Food, Food Modified To Be
Low Protein, and Related Items Under the TRICARE Program.--Section 1077
of title 10, United States Code, is amended--
(1) in subsection (a)(8), by striking ``including'' and all
that follows and inserting ``including the following:
``(A) Well-baby care that includes one screening of
an infant for the level of lead in the blood of the
infant.
``(B) In accordance with subsection (g), medically
necessary food (as defined in section 1861(iii) of the
Social Security Act) and food modified to be low
protein that is formulated to be consumed or
administered under the supervision of a qualified
medical provider, for the treatment of conditions as
recommended by the Advisory Committee on Heritable
Disorders in Newborns and Children, and the medical
equipment and supplies necessary to administer such
food.
``(C) In accordance with subsection (g),
pharmacological doses of vitamins and amino acids used
for the treatment of inborn errors of metabolism and
other conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns and
Children and as prescribed by a qualified medical
provider.''; and
(2) by adding at the end the following new subsection:
``(g) Treatments described in subparagraphs (B) and (C) of
subsection (a)(8) may be provided under this section to a patient
regardless of the age of the patient.''.
(e) Coverage Under FEHBP.--
(1) In general.--Section 8904 of title 5, United States
Code, is amended by adding at the end the following new
subsection:
``(c)(1) Any health benefits plan offered under this chapter shall,
in accordance with paragraph (2), include benefits for--
``(A) medically necessary food (as defined in section
1861(iii) of the Social Security Act) and food modified to be
low protein that is formulated to be consumed or administered
under the supervision of a qualified medical provider, for the
treatment of conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns and Children, and
the medical equipment and supplies necessary to administer such
food; and
``(B) pharmacological doses of vitamins and amino acids
used for the treatment of inborn errors of metabolism, for the
treatment of conditions as recommended by the Advisory
Committee on Heritable Disorders in Newborns and Children and
as prescribed by a qualified medical provider.
``(2) Benefits for treatments described in subparagraphs (A) and
(B) of paragraph (1) shall be provided under such a health benefits
plan to an individual regardless of the age of the individual.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to contract years beginning after the date that is
9 months after the date of enactment of this Act.
SEC. 4. EFFECTIVE DATE.
Subject to subsections (b)(4) and (c)(3) of section (3), the
amendments made by section 3 (other than subsection (e) of such
section) shall apply to plan years and contract years beginning after
the date that is 6 months after the date of enactment of this Act. | Medical Foods Equity Act of 2013 - Amends titles XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to provide coverage of medically necessary food and food modified to be low protein formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children (the Advisory Committee), and the medical equipment and supplies necessary to administer such food. Provides coverage under the Department of Defense (DOD) TRICARE and Federal Employees Health Benefits (FEHBP) programs for such health benefits. Defines "medically necessary food" as a food formulated to be consumed or administered through the gastrointestinal tract orally or by tube under the supervision of a physician and intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. Includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars. Provides Medicare, Medicaid, and CHIP prescription drug coverage of pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee, and as prescribed by a qualified medical provider. Provides similar coverage of such items under the TRICARE and FEHBP programs, without regard to the age of the patient. | Medical Foods Equity Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Coverage for Addiction
Recovery Expansion Act''.
SEC. 2. STATE OPTION TO PROVIDE MEDICAL ASSISTANCE FOR RESIDENTIAL
ADDICTION TREATMENT FACILITY SERVICES; MODIFICATION OF
THE IMD EXCLUSION.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in subsection (a)(16)--
(A) by striking ``and, (B)'' and inserting ``,
(B)''; and
(B) by inserting ``, and (C) effective January 1,
2019, residential addiction treatment facility services
(as defined in subsection (h)(3)) for individuals over
21 years of age and under 65 years of age, if offered
as part of a full continuum of evidence-based treatment
services provided under the State plan, including
residential, outpatient, and community-based care, for
individuals with substance use disorders'' before the
semicolon; and
(2) in subsection (h)--
(A) in paragraph (1), by striking ``paragraph (16)
of subsection (a)'' and inserting ``subsection
(a)(16)(A)''; and
(B) by adding at the end the following new
paragraph:
``(3)(A) For purposes of subsection (a)(16)(C), the term
`residential addiction treatment facility services' means, subject to
subparagraph (B), inpatient services provided--
``(i) to an individual for the purpose of treating a
substance use disorder that are furnished to an individual for
not more than 2 consecutive periods of 30 consecutive days,
provided that upon completion of the first 30-day period, the
individual is assessed and determined to have progressed
through the clinical continuum of care, in accordance with
criteria established by the Secretary, in consultation with the
American Society of Addiction Medicine, and requires continued
medically necessary treatment and social support services to
promote recovery, stable transition to ongoing treatment, and
discharge; and
``(ii) in a facility that is accredited for the treatment
of substance use disorders by the Joint Commission on
Accreditation of Healthcare Organizations, the Commission on
Accreditation of Rehabilitation Facilities, the Council on
Accreditation, or any other accrediting agency that the
Secretary deems appropriate as necessary to ensure nationwide
applicability, including qualified national organizations and
State-level accrediting agencies.
``(B) The State agency responsible for administering the State plan
under this title shall establish procedures to ensure that, with
respect to any facility providing residential addiction treatment
facility services in a fiscal year, the average monthly number of beds
used by the facility to provide such services during such year is not
more than 40.
``(C) The provision of medical assistance for residential addiction
treatment facility services to an individual shall not prohibit Federal
financial participation for medical assistance for items or services
that are provided to the individual in or away from the residential
addiction treatment facility during any 30-day period in which the
individual is receiving residential addiction treatment facility
services.
``(D) A woman who is eligible for medical assistance on the basis
of being pregnant and who is furnished residential addiction treatment
facility services during any 30-day period may remain eligible for, and
continue to be furnished with, such services for additional 30-day
periods without regard to any eligibility limit that would otherwise
apply to the woman as a result of her pregnancy ending, subject to
assessment by the facility and a determination based on medical
necessity related to substance use disorder and the impact of substance
use disorder on birth outcomes.''.
(b) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2019.
SEC. 3. GRANT PROGRAM TO EXPAND YOUTH ADDICTION TREATMENT FACILITIES
UNDER MEDICAID AND CHIP.
(a) Establishment.--
(1) In general.--The Secretary shall establish a program
under which the Secretary shall award grants to States for the
purpose of expanding the infrastructure and treatment
capabilities, including augmenting equipment and bed capacity,
of eligible youth addiction treatment facilities that provide
addiction treatment services to Medicaid or CHIP beneficiaries
who have not attained the age of 21 and are in communities with
high numbers of medically underserved populations of at-risk
youth.
(2) Use of funds.--Grant funds awarded under this section
may be used to expand the infrastructure and treatment
capabilities of an existing facility (including through
construction) but shall not be used for the construction of any
new facility or for the provision of medical assistance or
child health assistance under Medicaid or CHIP.
(3) Timetable for implementation; duration.--
(A) Implementation.--Not later than 1 year after
the date of the enactment of this Act, the Secretary
shall award grants under the grant program.
(B) Duration.--The Secretary shall award grants
under the grant program for a period not to exceed 5
years.
(b) Application.--A State seeking to participate in the grant
program shall submit to the Secretary, at such time and in such manner
as the Secretary shall require, an application that includes--
(1) detailed information on the types of additional
infrastructure and treatment capacity of eligible youth
addiction treatment facilities that the State proposes to fund
under the grant program;
(2) a description of the communities in which the eligible
youth addiction treatment facilities funded under the grant
program operate;
(3) an assurance that the eligible youth addiction
treatment facilities that the State proposes to fund under the
grant program shall give priority to providing addiction
treatment services to Medicaid or CHIP beneficiaries who have
not attained the age of 21 and are in communities with high
numbers of medically underserved populations of at-risk youth;
and
(4) such additional information and assurances as the
Secretary shall require.
(c) Rural Areas.--Not less than 15 percent of the amount of a grant
awarded to a State under this section shall be used for making payments
to eligible youth addiction treatment facilities that are located in
rural areas or that target the provision of addiction treatment
services to Medicaid or CHIP beneficiaries who have not attained the
age of 21 and reside in rural areas.
(d) Definitions.--For purposes of this section:
(1) Addiction treatment services.--The term ``addiction
treatment services'' means services provided to an individual
for the purpose of treating a substance use disorder.
(2) CHIP.--The term ``CHIP'' means the State children's
health insurance program established under title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.).
(3) Eligible youth addiction treatment facility.--The term
``eligible youth addiction treatment facility'' means a
facility that is a participating provider under the State
Medicaid or CHIP programs for purposes of providing medical
assistance or child health assistance to Medicaid or CHIP
beneficiaries for youth addiction treatment services on an
inpatient or outpatient basis (or both).
(4) Medicaid.--The term ``Medicaid'' means the medical
assistance program established under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(5) Medicaid or chip beneficiary.--The term ``Medicaid or
CHIP beneficiary'' means an individual who is enrolled in the
State Medicaid plan, the State child health plan under CHIP, or
under a waiver of either such plan.
(6) Medically underserved populations.--The term
``medically underserved populations'' has the meaning given
that term in section 330(b)(3) of the Public Health Service Act
(42 U.S.C. 254b(b)(3)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(e) Authorization of Appropriations.--There are authorized to be
appropriated $50,000,000 to carry out the provisions of this section.
Funds appropriated under this subsection shall remain available until
expended. | Medicaid Coverage for Addiction Recovery Expansion Act This bill amends title XIX (Medicaid) of the Social Security Act to allow states to provide medical assistance to adults for residential addiction treatment facility services under the Medicaid program if such services are offered as part of a full continuum of evidence-based treatment services. "Residential addiction treatment facility services" are medically necessary inpatient services provided in an accredited, size-limited facility for the purpose of treating a substance use disorder within a specified time period. The provision of medical assistance for such services to an individual shall not prohibit federal financial participation for medical assistance with respect to other services provided to the individual within the same time period. Subject to specified conditions, a woman who is eligible for medical assistance on the basis of being pregnant may remain eligible for residential addiction treatment facility services for specified time periods without regard to eligibility limits that would otherwise apply as a result of her pregnancy ending. In addition, the bill establishes a grant program for states to expand infrastructure and treatment capabilities of existing youth addiction treatment facilities that: (1) provide addiction treatment services to youths under Medicaid or the Children's Health Insurance Program (CHIP), and (2) are located in communities with high numbers of medically underserved populations of at-risk youths. At least 15% of grant funds awarded to a state must be used for making payments to rural facilities. | Medicaid Coverage for Addiction Recovery Expansion Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Windfall Profits and Consumer
Assistance Act of 2005''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL
``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price;
qualified investment.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any producer of crude oil an excise
tax equal to the excess of--
``(1) the amount equal to 50 percent of the windfall profit
from all barrels of taxable crude oil removed from the property
during each taxable year, over
``(2) the amount of qualified investment by such producer
during such taxable year.
``(b) Fractional Part of Barrel.--In the case of a fraction of a
barrel, the tax imposed by subsection (a) shall be the same fraction of
the amount of such tax imposed on the whole barrel.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil.
``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE;
QUALIFIED INVESTMENT.
``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the removal price of the barrel
of taxable crude oil over the adjusted base price of such barrel.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means the amount for which
the barrel of taxable crude oil is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil removed from property before sale.--If crude oil
is removed from the property before it is sold, the removal
price shall be the constructive sales price for purposes of
determining gross income from the property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the
day such manufacture or conversion begins, and
``(B) the removal price shall be the constructive
sales price for purposes of determining gross income
from the property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``(c) Adjusted Base Price Defined.--
``(1) In general.--For purposes of this chapter, the term
`adjusted base price' means $40 for each barrel of taxable
crude oil plus an amount equal to--
``(A) such base price, multiplied by
``(B) the inflation adjustment for the calendar
year in which the taxable crude oil is removed from the
property.
The amount determined under the preceding sentence shall be
rounded to the nearest cent.
``(2) Inflation adjustment.--
``(A) In general.--For purposes of paragraph (1),
the inflation adjustment for any calendar year after
2006 is the percentage by which--
``(i) the implicit price deflator for the
gross national product for the preceding
calendar year, exceeds
``(ii) such deflator for the calendar year
ending December 31, 2005.
``(B) First revision of price deflator used.--For
purposes of subparagraph (A), the first revision of the
price deflator shall be used.
``(d) Qualified Investment.--For purposes of this chapter--
``(1) In general.--The term `qualified investment' means
any amount paid or incurred with respect to--
``(A) section 263(c) costs,
``(B) qualified refinery property (as defined in
section 179C(c) and determined without regard to any
termination date),
``(C) any qualified facility described in paragraph
(1), (2), (3), or (4) of section 45(d) (determined
without regard to any placed in service date),
``(D) any facility for the production of alcohol
used as a fuel (within the meaning of section 40) or
biodiesel or agri-biodiesel used as a fuel (within the
meaning of section 40A).
``(2) Section 263(c) costs.--For purposes of this
subsection, the term `section 263(c) costs' means intangible
drilling and development costs incurred by the taxpayer which
(by reason of an election under section 263(c)) may be deducted
as expenses for purposes of this title (other than this
paragraph). Such term shall not include costs incurred in
drilling a nonproductive well.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS.
``(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896 on any taxable crude oil.
``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information (to the Secretary and to other persons having an
interest in the taxable crude oil) with respect to such oil as the
Secretary may by regulations prescribe.
``(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
``(d) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil.
``(2) Crude oil.--
``(A) In general.--The term `crude oil' includes
crude oil condensates and natural gasoline.
``(B) Exclusion of newly discovered oil.--Such term
shall not include any oil produced from a well drilled
after the date of the enactment of the `Windfall
Profits and Consumer Assistance Act of 2005', except
with respect to any oil produced from a well drilled
after such date on any proven oil or gas property
(within the meaning of section 613A(c)(9)(A)).
``(3) Barrel.--The term `barrel' means 42 United States
gallons.
``(e) Adjustment of Removal Price.--In determining the removal
price of oil from a property in the case of any transaction, the
Secretary may adjust the removal price to reflect clearly the fair
market value of oil removed.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.
``(g) Termination.--This section shall not apply to taxable crude
oil removed after the date which is 3 years after the date of the
enactment of this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56. Windfall profit on crude oil''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to crude oil removed after the date of the enactment of
this Act, in taxable years ending after such date.
(2) Transitional rules.--For the period ending December 31,
2005, the Secretary of the Treasury or the Secretary's delegate
shall prescribe rules relating to the administration of chapter
56 of the Internal Revenue Code of 1986. To the extent provided
in such rules, such rules shall supplement or supplant for such
period the administrative provisions contained in chapter 56 of
such Code (or in so much of subtitle F of such Code as relates
to such chapter 56).
SEC. 3. CONSUMER ENERGY ASSISTANCE TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to establishment of trust funds) is amended by
adding at the end the following new section:
``SEC. 9511. CONSUMER ENERGY ASSISTANCE TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Consumer Energy
Assistance Trust Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Consumer Energy Assistance Trust Fund amounts equivalent to the
taxes received in the Treasury under chapter 56.
``(c) Expenditures.--Amounts in the Consumer Energy Assistance
Trust Fund shall be available for making expenditures to carry out the
Low-Income Home Energy Assistance Act of 1981 (as in effect on the date
of the enactment of this section).''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of such Code is amended by adding at the end the following
new item:
``Sec. 9511. Consumer Energy Assistance Trust Fund.''.
SEC. 4. ENERGY CONSUMER REBATE.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 (relating to rules of special application in the case of
abatements, credits, and refunds) is amended by adding at the end the
following new section:
``SEC. 6430. ENERGY CONSUMER REBATE.
``(a) General Rule.--Except as otherwise provided in this section,
each individual shall be treated as having made a payment against the
tax imposed by chapter 1 for each taxable year beginning after December
31, 2005, in an amount equal to the lesser of--
``(1) the amount of the taxpayer's liability for tax for
such taxpayer's preceding taxable year, or
``(2) the applicable amount.
``(b) Liability for Tax.--For purposes of this section, the
liability for tax for any taxable year shall be the excess (if any)
of--
``(1) the sum of--
``(A) the taxpayer's regular tax liability (within
the meaning of section 26(b)) for the taxable year,
``(B) the tax imposed by section 55(a) with respect
to such taxpayer for the taxable year, and
``(C) the taxpayer's social security taxes (within
the meaning of section 24(d)(2)) for the taxable year,
over
``(2) the sum of the credits allowable under part IV of
subchapter A of chapter 1 (other than the credits allowable
under subpart C thereof, relating to refundable credits) for
the taxable year.
``(c) Applicable Amount.--For purposes of this section, the
applicable amount for any taxpayer shall be determined by the Secretary
not later than the date specified in subsection (d)(1) taking into
account the number of such taxpayers and the amount of revenues in the
Treasury (reduced by the amount appropriated to the Consumer Energy
Assistance Trust Fund under section 9511) resulting from the tax
imposed by chapter 56 for the calendar year preceding the taxable year.
``(d) Date Payment Deemed Made.--
``(1) In general.--The payment provided by this section
shall be deemed made on February 1 of the calendar year ending
with or within the taxable year.
``(2) Remittance of payment.--The Secretary shall remit to
each taxpayer the payment described in paragraph (1) not later
that the date which is 30 days after the date specified in
paragraph (1).
``(e) Certain Persons not Eligible.--This section shall not apply
to--
``(1) any individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable year
beginning in the calendar year in which such individual's
taxable year begins,
``(2) any estate or trust, or
``(3) any nonresident alien individual.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting before the period ``, or enacted
by the Windfall Profits and Consumer Assistance Act of 2005''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6430. Energy consumer rebate.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Windfall Profits and Consumer Assistance Act of 2005 - Amends the Internal Revenue Code to impose upon producers of crude oil an excise tax of 50 percent of their net windfall profit from the production of taxable crude oil in a taxable year. Defines "windfall profit" as the excess of the removal price (sales price) of a barrel of taxable crude oil over the adjusted base price of such barrel (i.e., $40 per barrel, adjusted for inflation). Terminates such tax three years after the enactment of this Act.
Establishes in the Treasury the Consumer Energy Assistance Trust Fund. Transfers to such Fund windfall profit tax revenues and makes amounts in such Fund available to carry out the Low-Income Home Energy Assistance Act of 1981.
Grants to taxpayers an income tax rebate in an amount to be determined by the Secretary of the Treasury based upon the number of taxpayers and available windfall profit tax revenues (reduced by amounts appropriated to such Fund). | To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil, to establish the Consumer Energy Assistance Trust Fund, and to provide for a rebate to energy consumers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Energy Permitting Act of
2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Pilot project.--The term ``Pilot Project'' means the
pilot project to improve Federal renewable energy permit
coordination established under section 3(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. PILOT PROJECT TO IMPROVE FEDERAL RENEWABLE ENERGY PERMIT
COORDINATION.
(a) Establishment.--During the period of fiscal years 2009 through
2018, the Secretary shall establish and carry out a pilot project to
improve Federal renewable energy permit coordination.
(b) Memorandum of Understanding.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into a
memorandum of understanding for purposes of this section with--
(A) the Secretary of Agriculture;
(B) the Administrator of the Environmental
Protection Agency; and
(C) the Chief of Engineers.
(2) State participation.--The Secretary may request that
the Governors of the States of Arizona, California, Nevada, and
Wyoming be signatories to the memorandum of understanding
described in paragraph (1).
(c) Designation of Qualified Staff.--
(1) In general.--Not later than 30 days after the date on
which the memorandum of understanding under subsection (b) is
signed, all Federal signatory parties shall, if appropriate,
assign to each of the field offices specified in subsection (d)
an employee who has expertise in the regulatory issues relating
to the office in which the employee is employed, including, as
applicable, particular expertise in--
(A) the consultations and the preparation of
biological opinions under section 7 of the Endangered
Species Act of 1973 (16 U.S.C. 1536);
(B) permits under section 404 of Federal Water
Pollution Control Act (33 U.S.C. 1344);
(C) regulatory matters under the Clean Air Act (42
U.S.C. 7401 et seq.);
(D) planning under section 14 of the National
Forest Management Act of 1976 (16 U.S.C. 472a); and
(E) the preparation of analyses under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(2) Duties.--Each employee assigned under paragraph (1)
shall--
(A) not later than 90 days after the date of
assignment, report to field managers of the Bureau of
Land Management in the office to which the employee is
assigned;
(B) be responsible for all issues relating to the
jurisdiction of the home office or agency of the
employee; and
(C) participate as part of the team of personnel
working on proposed energy projects, planning, and
environmental analyses.
(d) Field Offices.--The field offices referred to in subsection
(c)(1) shall include offices in, at a minimum, the States of Arizona,
California, Nevada, and Wyoming.
(e) Additional Personnel.--The Secretary shall assign to each field
office specified in subsection (d) any additional personnel that are
necessary to ensure the effective implementation of--
(1) the Pilot Project; and
(2) other programs administered by the field offices,
including inspection and enforcement relating to renewable
energy development on Federal land, in accordance with the
multiple use mandate of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
(f) Distribution of Solar and Wind Energy Rental Income.--
(1) In general.--Subject to paragraphs (2) through (5) and
notwithstanding any other provision of law, for fiscal year
2009 and each fiscal year thereafter, of the amount of solar
and wind energy rental income collected by the Bureau of Land
Management (in lieu of depositing all of the income into the
general fund of the Treasury)--
(A) 50 percent shall be paid by the Secretary of
the Treasury to the 1 or more States within the
boundaries of which the income is derived;
(B) 25 percent shall be paid by the Secretary of
the Treasury to the 1 or more counties within which the
income is derived;
(C)(i) in the case of each of fiscal years 2009
through 2018, 20 percent or $5,000,000, whichever is
less, shall be deposited in a special fund in the
Treasury, to be known as the ``Renewable Energy Permit
Processing Improvement Fund''; and
(ii) in the case of fiscal year 2019 and each
fiscal year thereafter, 20 percent shall remain in the
general fund of the Treasury; and
(D) 5 percent shall be deposited in a special fund
in the Treasury, to be known as the ``Solar Energy Land
Reclamation, Restoration, and Mitigation Fund''.
(2) Valuation.--To determine the value of public land for
the purpose of determining rental income described in paragraph
(1)--
(A) the value of the public land used for solar
energy projects shall be determined by the Bureau of
Land Management based on statistics of the National
Agricultural Statistical Service;
(B) the value of the public land used for wind
energy projects shall be determined in accordance with
the rental schedule established by the Secretary,
acting through the Bureau of Land Management, in effect
as of the date of enactment of this Act; and
(C) the value of the public land used for
geothermal energy projects shall be determined in
accordance with the Energy Policy Act of 2005 (42
U.S.C. 15801 et seq.).
(3) Renewable energy permit processing improvement fund.--
Amounts in the Renewable Energy Permit Processing Improvement
Fund established under paragraph (1)(C)(i) shall be available
to the Secretary for the coordination and processing of
renewable energy permits required for renewable energy projects
on Federal public land.
(4) Solar energy land reclamation, restoration, and
mitigation fund.--
(A) In general.--Amounts in the Solar Energy Land
Reclamation, Restoration, and Mitigation Fund under
paragraph (1)(D) shall be available to the Secretary
for the purpose of--
(i) reclaiming and restoring public land
used for the production of solar energy,
including land used for ancillary facilities;
and
(ii) mitigating impacts on public land,
including protecting other sensitive public
land if the land used for solar or wind power
generation cannot be adequately restored
without the use of funds made available under
this paragraph, as determined by the Secretary.
(B) Maximum amount.--
(i) In general.--The total amount of funds
deposited in the Solar Energy Land Reclamation,
Restoration, and Mitigation Fund under
paragraph (1)(D) shall not exceed $50,000,000.
(ii) Surplus amounts.--If the total amount
of funds deposited in the Solar Energy Land
Reclamation, Restoration, and Mitigation Fund
under paragraph (1)(D) is $50,000,000, any
additional amounts that would otherwise be
deposited in the Fund under paragraph (1)(D)
shall remain in the general fund of the
Treasury.
(5) Availability of funds.--Amounts under this subsection
shall be available for expenditure in accordance with this
subsection, without further appropriation and without fiscal
year limitation.
(g) Transfer of Funds.--For the purposes of coordination and
processing of renewable energy permits required for renewable energy
projects on Federal public land under the administration of the Pilot
Project offices specified in subsection (d), the Secretary may
authorize the expenditure or transfer of such funds as are necessary
to--
(1) the United States Fish and Wildlife Service;
(2) the Bureau of Indian Affairs;
(3) the Forest Service;
(4) the Environmental Protection Agency;
(5) the Corps of Engineers; and
(6) the States of Arizona, California, Nevada, and Wyoming
(for costs incurred by the States relating to the permitting
process).
(h) Fees.--During the period in which the Pilot Project is
authorized, the Secretary shall not implement any regulation or
initiate any rulemaking to enable an increase in fees to recover
additional costs relating to renewable energy permits required for
renewable energy projects on Federal public land.
(i) Effect on Other Authority.--Nothing in this section affects--
(1) the operation of any Federal or State law; or
(2) any delegation of authority made by the head of a
Federal agency the employees of which are participating in the
Pilot Project.
(j) Length of Leases for Renewable Energy Projects on Public
Land.--The length of leases for renewable energy projects on public
land carried out under this Act shall be determined in accordance with
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.).
(k) Reports.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report that--
(1) describes the results of the Pilot Project as of the
date of the report; and
(2) makes a recommendation to the President regarding
whether the Pilot Project should be implemented throughout the
United States.
(l) Deposit and Use of Geothermal Leave Revenues.--Section 234 of
the Energy Policy Act of 2005 (42 U.S.C. 15873) is amended--
(1) in the section heading, by striking ``for 5 fiscal
years''; and
(2) in subsection (a), by striking ``in the first 5 fiscal
years beginning after the date of enactment of this Act''. | Renewable Energy Permitting Act of 2009 - Directs the Secretary of the Interior to establish and carry out a pilot program in FY2009-FY2018 to improve federal renewable energy permit coordination.
Provides for the distribution of solar and wind energy rental income collected by the Bureau of Land Management in specified percentages to: (1) certain states in which such income is derived; (2) the Renewable Energy Permit Processing Improvement Fund; and (3) the Solar Energy Land Reclamation, Restoration, and Mitigation Fund. Authorizes the Secretary to use amounts in such Funds for processing renewable energy permits and for reclaiming and restoring public land used for the production of solar energy.
Amends the Energy Policy Act of 2005 to eliminate the five year limitation on the deposit and use of lease revenues under the Geothermal Steam Act of 1970. | To amend the Energy and Policy Act of 2005 to reauthorize a provision relating to geothermal lease revenue, to direct the Secretary of the Interior to establish a pilot project to streamline certain Federal renewable energy permitting processes, and for other purposes. |
OF CONGRESSIONAL
COMMITTEES.
Section 302(b) is amended by adding at the end the following new
paragraph:
``(3) Upon the adoption by either the Committee on Ways and
Means of the House of Representatives or the Committee on
Finance of the Senate of a resolution that--
``(A) describes an act, policy, or practice of the
foreign country; and
``(B) states that it is the opinion of the
Committee that such act, policy, or practice is an act,
policy, or practice that is described in section 301(a)
(1)(A) or (2)(B);
the Trade Representative shall initiate an investigation under
this chapter to determine whether the matter is actionable
under section 301.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Actions by United States Trade Representative.--Section 301, as
amended by section 104, is amended--
(1) by striking out that part of subsection (a)(3) (as
redesignated by section 104(a)(1)(A)) that precedes
subparagraph (A) and inserting ``The President is not required
to take action under paragraph (1)(B) (i) or (ii) and the Trade
Representative is not required to take action under paragraph
(2) in any case in which--'';
(2) by striking out ``paragraph (1)'' in subsection (a)(4)
(as redesignated by section 104(a)(1)(A)) and inserting
``paragraph (1) (B)(i) or (F) or paragraph (2)''; and
(3) by striking out ``subsection (a) or (b)'' each place it
appears in paragraphs (1), (2)(A), (3), and (5) of subsection
(c) and inserting ``paragraph (1)(B)(i), (1)(F), or (2) of
subsection (a) or subsection (b)''.
(b) Determinations by United States Trade Representative.--Section
304(a)(1) (19 U.S.C. 2414(a)(1)) is amended--
(1) by striking out ``(a)(1)(B) or'' in subparagraph
(A)(ii) and inserting ``(a) (1)(A) or (2)(B) or subsection'';
and
(2) by striking out subparagraph (B) and inserting the
following:
``(B) if the determination under subparagraph (A)
is affirmative with respect to a practice described in
section 301(a)(1)(A), determine, and submit to the
President, a recommendation for action by the Trade
Representative under section 301(c) to obtain the
elimination of such practice; or
``(C) if the determination under subparagraph (A)
(other than with respect to an action described in
section 301(a)(1)(A)) is affirmative, determine what
action, if any, the Trade Representative should take
under subsection (a)(2) or (b) of section 301.''.
(c) Implementation of Actions.--Section 305 (19 U.S.C. 2414) is
amended--
(1) by amending paragraph (1) of subsection (a) to read as
follows:
``(1) Except as provided in paragraph (2), the Trade
Representative shall--
``(A) implement the action directed by the
President under subparagraph (B)(i) or (F) of section
301(a)(1) by no later than the date that is 30 days
after the date such direction is received; and
``(B) implement the action the Trade Representative
determines under section 304(a)(1)(C) to take under
section 301, subject to the specific direction, if any,
of the President regarding any such action, by no later
than the date which is 30 days after the date on which
such determination is made.'';
(2) by striking out ``section 301'' in subsection (a)(2)(A)
and inserting ``paragraph (1)(B), (1)(F), or (2) of section
301(a) or section 301(b)'';
(3) by inserting ``or (3)'' after ``302(b)(1)'' in
subsection (a)(2)(A)(i)(II); and
(4) by striking out ``section 301'' in subsection (b)(1)
and inserting ``section 301(b)''.
(d) Monitoring of Foreign Compliance.--Section 306(a) (19 U.S.C.
2416(a)) is amended--
(1) by striking out ``section 301(a)(2)(B)'' and inserting
``section 301(a)(3)(B)''; and
(2) by striking out ``subsection (a)(1)(B)'' and inserting
``subsection (a) (1)(A) or (2)(B)''.
(e) Modification and Termination of Actions.--Section 307(a)(1)(A)
(19 U.S.C. 2417(a)(1)(A)) is amended by striking out ``301(a)(2)'' and
inserting ``301(a)(3)''.
(f) Resolutions Disapproving Certain Actions.--Section 152(a)(1)
(19 U.S.C. 2192(a)(1)) is amended--
(1) by striking out ``and'' at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph
(B) and inserting ``; and ''; and
(3) by adding at the end the following new subparagraph:
``(C) a joint resolution of the two Houses of Congress, the
matter after the resolving clause of which is as follows: `That
the Congress does not approve the alternative plan transmitted
under section 301(a)(1)(B)(ii) of the Trade Act of 1974 to the
Congress on .', the blank space being filled with the
appropriate date.''.
(g) Special Rules Relating to Congressional Procedures.--Section
154 is amended--
(1) by inserting ``301(a)(1)(B)(ii),'' after ``203(b),'' in
subsection (a); and
(2) by inserting ``, and for purposes of section 301(a)(1)
(E) and (F), the 60-day period referred to in such section,''
after ``such sections'' in subsection (b). | Fair Trade Assurances Act of 1993 - Amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR), in identifying market barriers and certain unfair trade actions, to: (1) identify, if for a calendar year the United States merchandise trade balance (excluding crude petroleum imports) was in deficit, each foreign country that accounted for at least 15 percent of such deficit and had a global current account surplus for such year in an amount not less than such deficit; and (2) specify each act, policy, or practice that was implemented by a foreign country with respect to any goods sector or service sector that accounted for at least ten percent of the merchandise trade and current account deficits between the United States and such foreign country during such calendar year.
Makes permanent the program known as "Super 301" which identifies trade liberalization priorities. Applies such program to sectoral priority practices.
Requires the President, if the USTR finds violations of trade practices, to: (1) direct the USTR to take certain action to obtain the elimination of the foreign practice; or (2) submit to the Congress an alternative plan for eliminating such practice.
Requires the USTR to initiate an investigation under "Super 301" whenever specified congressional committees adopt a resolution stating that in their opinion a particular foreign country is engaging in certain trade practices. | Fair Trade Assurances Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parents' Tax Relief Act of 2005''.
SEC. 2. MINIMUM DEPENDENT CARE CREDIT FOR PARENTS CARING FOR CHILDREN
AT HOME.
(a) In General.--Subsection (e) of section 21 of the Internal
Revenue Code of 1986 (relating to special rules) is amended by adding
at the end the following new paragraph:
``(11) Minimum credit allowed for stay-at-home parents.--In
the case of any taxpayer with one or more qualifying
individuals described in subparagraph (A) of subsection (b)(1)
under the age of 6 at any time during the taxable year, such
taxpayer shall be deemed to have employment-related expenses
with respect to each such qualifying individual and earned
income in an amount equal to the greater of--
``(A) the amount of employment-related expenses
incurred for such qualifying individuals for the
taxable year (determined under this section without
regard to this paragraph), or
``(B) $250 for each month beginning in such taxable
year with respect to which such qualifying individual
has not attained age 6 as of the beginning of such
month.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2004.
SEC. 3. INCREASE IN PERSONAL EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 151(d) of the Internal
Revenue Code of 1986 is amended by striking ``$2,000'' and inserting
``$5,000''.
(b) Inflation Adjustment.--Subparagraph (A) of section 151(d)(4) of
such Code is amended--
(1) by striking ``1989'' and inserting ``2005'', and
(2) by striking ``1988'' in clause (ii) and inserting
``2004''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 4. ELIMINATION OF MARRIAGE PENALTY IN ALL RATE BRACKETS.
(a) In General.--Paragraph (8) of section 1(f) of the Internal
Revenue Code of 1986 (relating to phaseout of marriage penalty in 15-
percent bracket) is amended to read as follows:
``(8) Elimination of marriage penalty.--With respect to
taxable years beginning after December 31, 2004, in prescribing
the tables under paragraph (1)--
``(A) the minimum and maximum amounts of taxable
income in each rate bracket in the table contained in
subsection (a) shall be 200 percent of the minimum and
maximum amounts of taxable income in the corresponding
rate bracket in the table contained in subsection (c)
(after any other adjustment under this subsection), and
``(B) the comparable taxable income amounts in the
table contained in subsection (d) shall be \1/2\ of the
amounts determined under subparagraph (A).''.
(b) Effective Date.--The amendment made by this section apply to
taxable years beginning after December 31, 2004.
SEC. 5. STANDARD DEDUCTION FOR BUSINESS USE OF HOME.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by adding at the end the following new paragraph:
``(7) Standard home office deduction.--
``(A) In general.--In the case of an individual
that is allowed a deduction for the use of a home
office because of a use described in paragraphs (1),
(2), or (4) of this subsection, notwithstanding the
limitations of paragraph (5), such individual may elect
to use the standard home office deduction for the
taxable year.
``(B) Standard home office deduction amount.--For
purposes of this paragraph, the standard home office
deduction is the lesser of--
``(i) $2,500, or
``(ii) the gross income derived from the
individual's trade or business for which such
use occurs.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 6. INCREASE AND OTHER MODIFICATIONS IN CHILD TAX CREDIT MADE
PERMANENT.
(a) In General.--Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 shall not apply to the amendments made by
section 201 of such Act (relating to modifications to child tax
credit).
(b) Credit Amount Adjusted for Inflation.--Section 24 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(g) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2005, the $1,000 amount contained in
subsection (a) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) 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 2004' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $50.''.
SEC. 7. TELECOMMUTING TAX 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 adding at the end the following new section:
``SEC. 45J. TELECOMMUTING CREDIT.
``(a) Determination of Amount.--For purposes of section 38, the
amount of the telecommuting credit determined under this section for
the taxable year shall be equal to 40 percent of the qualified first-
year wages for such year.
``(b) Qualified First-Year Wages.--For purposes of this section--
``(1) In general.--The term `qualified first-year wages'
means, with respect to any individual, qualified wages
attributable to service rendered during the 1-year period
beginning with the day the individual begins work for the
employer.
``(2) Qualified wages.--The term `qualified wages' means
the wages paid or incurred by the employer during the taxable
year to qualified telecommuters.
``(3) Only first $6,000 of wages per year taken into
account.--The amount of the qualified first-year wages which
may be taken into account with respect to any individual shall
not exceed $6,000 per year.
``(c) Qualified Telecommuter.--For purposes of this section, the
term `qualified telecommuter' means any individual who renders not less
than 40 percent of the service described in subsection (b)(2) from the
individual's principal residence.
``(d) Wages.--For purposes of this section--
``(1) In general.--The term `wages' has the meaning given
to such term by subsection (b) of section 3306 (determined
without regard to any dollar limitation contained in such
section).
``(2) On-the-job training and work supplementation
payments.--
``(A) Exclusion for employers receiving on-the-job
training payments.--The term `wages' shall not include
any amounts paid or incurred by an employer for any
period to any individual for whom the employer receives
federally funded payments for on-the-job training of
such individual for such period.
``(B) Reduction for work supplementation payments
to employers.--The amount of wages which would (but for
this subparagraph) be qualified wages under this
section for an employer with respect to an individual
for a taxable year shall be reduced by an amount equal
to the amount of the payments made to such employer
(however utilized by such employer) with respect to
such individual for such taxable year under a program
established under section 482(e) of the Social Security
Act.
``(e) Special Rules.--For purposes of this section, rules similar
to the rules of section 52 and subsections (f), (g), (i), (j), and (k)
of section 51 shall apply.''.
(b) Credit Treated as Business Credit.--Section 38(b) of such Code
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 new paragraph:
``(20) the telecommuting credit determined under section
45J(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45J. Telecommuting credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable year beginning after December 31, 2004.
SEC. 8. EMPLOYER-PROVIDED COMPUTER EQUIPMENT TREATED AS FRINGE BENEFIT.
(a) In General.--Subsection (a) of section 132 of the Internal
Revenue Code of 1986 is amended by striking ``or'' at the end of
paragraph (7), by striking the period at the end of paragraph (8) and
inserting ``, or'', and by adding at the end the following new
paragraph:
``(9) qualified employer-provided computer equipment
fringe.''.
(b) Qualified Employer-Provided Computer Equipment Fringe.--Section
132 of such Code is amended by adding at the end the following new
subsection:
``(o) Qualified Employer-Provided Computer Equipment Fringe.--For
purposes of this section--
``(1) In general.--The term `qualified employer-provided
computer equipment fringe' means any computer and related
equipment and services provided to an employee by an employer
if--
``(A) such computer and related equipment and
services are necessary for the employee to perform work
for the employer from the employee's home, and
``(B) the employee makes substantial business use
of the equipment in the performance of work for the
employer.
``(2) Substantial use.--For purposes of paragraph (1), the
term `substantial business use' includes standby use for
periods when work from home may be required by the employer
such as during work closures caused by the threat of terrorism,
inclement weather, or natural disasters.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 9. INCREASED BENEFITS FOR INDIVIDUALS PRECLUDED FROM PERFORMING
REMUNERATIVE WORK BY NEED TO PROVIDE CHILD CARE.
Title II of the Social Security Act (42 U.S.C. 401 et seq.) is
amended by adding at the end the following new section:
``increased benefits for individuals precluded from performing
remunerative work by need to provide child care
``Sec. 235. (a) General Rule.--For purposes of determining
entitlement to and the amount of any monthly benefit or lump-sum death
payment payable under this title on the basis of the wages and self-
employment income of any individual, and for purposes of section
216(i)(3), if such individual--
``(1) is not otherwise credited under this title, for one
or more of such individual's elapsed years (referred to in
section 215(b)(3)), with wages at least equal to the national
average wage index (as defined in section 209(k)) for such
year, and
``(2) is a qualified individual in connection with any such
elapsed year after 2005,
then such individual shall be credited under this title for such year
after 2005 with additional wages in an amount necessary to increase the
total wages credited to such individual under this title for such year
to an amount equal to the national average wage index (as so defined)
for such year.
``(b) Qualified Individual.--For purposes of this section, the term
`qualified individual' means, in connection with any year, any
individual in any case in which--
``(1) such individual is married for a period during such
year of not less than 90 days,
``(2) throughout such period during such year, such
individual and such individual's spouse live with a qualified
child, and
``(3) more than 50 percent of the total remuneration of
such individual and such individual's spouse for such year
which is attributable to wages or self-employment income earned
or derived during the period during such year for which the
requirements of paragraphs (1) and (2) are met consists of
wages or self-employment income earned or derived away from
home by such spouse.
``(c) Qualified Child.--For purposes of this section, the term
`qualified child' means, in connection with a qualified individual, a
child of such individual (or such individual's spouse referred to in
subsection (b)(2)) who--
``(1) is less than 6 years of age, or
``(2) is less than 10 years of age, is under a disability,
and is unable to attend school.
``(d) Limitation to 10 Elapsed Years.--In any case in which the
requirements of subsection (a) are met in connection with more than 10
elapsed years of an individual, subsection (a) shall apply only with
respect to those elapsed years, not in excess of 10, which, when taken
into account in the application of subsection (a), result in the
highest primary insurance amount for such individual, taking into
account which years would be excluded from benefit computation years
under section 215(b)(2)(B)(i).
``(e) Protection of Trust Fund Balances.--There are authorized to
be appropriated to each of the Trust Funds, consisting of the Federal
Old-Age and Survivors Insurance Trust Fund, the Federal Disability
Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund,
for transfer on July 1 of each calendar year after 2005 to such Trust
Fund from amounts in the general fund in the Treasury not otherwise
appropriated, an amount equal to the total of the additional amounts
which would be appropriated to such Trust Fund for the fiscal year
ending September 30 of such calendar year under section 201 or 1817 of
this Act if the amounts of the additional wages credited for such
calendar year by reason of subsection (a) constituted remuneration for
employment (as defined in section 3121(b) of the Internal Revenue Code
of 1986) for purposes of the taxes imposed by sections 3101 and 3111 of
the Internal Revenue Code of 1986. Amounts authorized to be
appropriated under this subsection for transfer on July 1 of each
calendar year shall be determined on the basis of estimates of the
Commissioner of Social Security of the wages required to be credited
for such calendar year under subsection (a); and proper adjustments
shall be made in amounts authorized to be appropriated for subsequent
transfer to the extent prior estimates were in excess of or were less
than such wages so credited.''. | Parents' Tax Relief Act of 2005 - Amends the Internal Revenue Code to: (1) provide for a minimum tax credit for household and dependent care services for dependents under the age of six; (2) increase to $5,000 the amount of the personal tax exemption; (3) eliminate the marriage penalty in all income tax brackets; (4) establish a standard tax deduction for expenses related to business usage of a home; (5) make permanent increases in the child tax credit and adjust the amount of such credit for inflation on an annual basis after 2005; (6) allow employers a tax credit for employees who telecommute; and (7) allow an exclusion from employee gross income for employer-provided computer equipment used to work at home.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to award social security credits to parents who stay at home, instead of working outside the home, to care for children who are either under age six or under age 10 and disabled. Authorizes transfers from the general fund to specified Social Security trust funds to cover the cost of such credits. | A bill to amend the Internal Revenue Code of 1986 to increase tax benefits for parents with children, and for other purposes. |
SECTION 1. EXPENSING OF PROPERTY ELIGIBLE FOR BONUS DEPRECIATION.
(a) In General.--So much of subsection (k) of section 168 of the
Internal Revenue Code of 1986 (relating to special allowance for
certain property acquired after September 10, 2001, and before January
1, 2005) as precedes paragraph (2)(D) thereof is amended to read as
follows:
``(k) Expensing of Certain Property Acquired After May 12, 2005.--
``(1) In general.--In the case of any qualified property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 100 percent of the adjusted basis of
the qualified property, and
``(B) the adjusted basis of the qualified property
shall be reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for such
taxable year and any subsequent taxable year.
``(2) Qualified property.-- For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies
which has a recovery period of 20 years or
less,
``(II) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(III) which is water utility property, or
``(IV) which is qualified leasehold
improvement property,
``(ii) the original use of which commences
with the taxpayer after May 12, 2005,
``(iii) which is acquired by the taxpayer
after such date, but only if no written binding
contract for the acquisition was in effect on
or before such date.
``(B) Certain aircraft.--The term `qualified
property' includes property--
``(i) which meets the requirements of
clauses (ii) and (iii) of subparagraph (A),
``(ii) which is an aircraft which is not
used in the trade or business of transporting
persons or property other than for agricultural
or firefighting purposes,
``(iii) which is purchased and on which
such purchaser, at the time of the contract for
purchase, has made a nonrefundable deposit of
the lesser of--
``(I) 10 percent of the cost, or
``(II) $100,000, and
``(iv) which has--
``(I) an estimated production
period exceeding 4 months, and
``(II) a cost exceeding
$200,000.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 168(k) of such Code is amended
by redesignating subparagraphs (D), (E), (F), and (G) as
subparagraphs (C), (D), (E), and (F), respectively.
(2) Subparagraph (C) of section 168(k)(2) of such Code, as
redesignated by paragraph (1), is amended by striking the last
sentence of clause (iii), by striking clause (ii), and by
redesignating clause (iii) as clause (ii).
(3) Clause (i) of section 168(k)(2)(D) of such Code, as so
redesignated, is amended by striking ``and before January 1,
2005''.
(4) Subparagraph (D) of section 168(k)(2) of such Code, as
so redesignated, is amended by striking ``September 10, 2001''
each place it appears and inserting.
(5) Clause (i) of section 168(k)(2)(E) of such Code, as so
redesignated, is amended by striking ``$4,600'' and inserting
``$14,540''.
(6) Section 168(k) of such Code is amended by striking
paragraph (4).
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after May 12, 2005.
SEC. 2. LONG-TERM CONTRACT ACCOUNTING.
(a) In General.--Section 168(k)(2) of the Internal Revenue Code of
1986 is amended by adding after subparagraph (F), as redesignated by
section 1, the following new subparagraph:
``(F) Long-term contract accounting.--The
percentage of completion method under section 460 shall
be applied as if this subsection had not been
enacted.''.
SEC. 3. ELECTION TO INCREASE MINIMUM TAX CREDIT LIMITATION IN LIEU OF
BONUS DEPRECIATION.
(a) In General.--Section 53 of the Internal Revenue Code of 1986
(relating to credit for prior year minimum tax liability) is amended by
adding at the end of the following new subsection:
``(e) Additional Credit in Lieu of Bonus Depreciation.--
``(1) In general.--In the case of a corporation making an
election under this subsection for a taxable year, the
limitation under subsection (c) shall be increased by an amount
equal to the bonus depreciation amount.
``(2) Bonus depreciation amount.--For purposes of paragraph
(1), the bonus depreciation amount for any taxable year is an
amount equal to the product of--
``(A) 35 percent, and
``(B) the excess (if any) of--
``(i) the aggregate amount of depreciation
which would be determined under section 167 for
property placed in service during such taxable
year if no election under this subsection were
made, over
``(ii) the aggregate allowance for
depreciation allowable with respect to such
property placed in service for such taxable
year.
``(3) Election.--Section 168(k) (other than paragraph
(2)(E) thereof) shall not apply to any property placed in
service during a taxable year by a corporation making an
election under this subsection for such taxable year. An
election under this subsection may only be revoked with the
consent of the Secretary.
``(4) Credit refundable.--The aggregate increase in the
credit allowed by this section for any taxable year by reason
of this subsection shall for purposes of this title (other than
subsection (b)(2) of this section) be treated as a credit
allowed to the taxpayer under subpart C.''.
(b) Conforming Amendments.--Subsection (k) of section 168 of such
Code is amended by adding at the end the following new paragraph:
``(4) Cross reference.--For an election to claim certain
minimum tax credits in lieu of the allowance determined under
this subsection, see section 53(e).''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years ending
after May 12, 2005. | Amends the Internal Revenue Code to allow a tax deduction in the current taxable year for the entire adjusted basis of certain qualified property eligible for bonus depreciation allowances. Defines "qualified property" to include: (1) computer software, water utility property, or qualified leasehold improvement property that has a depreciation recovery period of 20 years or less and that was acquired after May 12, 2005; and (2) certain noncommercial aircraft acquired after May 12, 2005.
Permits the use of the percentage of completion accounting method for computing certain depreciation allowances.
Allows corporate taxpayers to elect an increased refundable alternative minimum tax credit in lieu of a bonus depreciation deduction. | To amend the Internal Revenue Code of 1986 to allow taxpayers to expense property eligible for bonus depreciation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Team Relocation Taxpayer Protection
Act of 1996''.
SEC. 2. TREATMENT OF RELOCATING NATIONAL FOOTBALL LEAGUE FRANCHISES.
(a) Effect on Interstate Commerce.--
(1) Findings.--The Congress finds that the conduct of a
National Football League franchise occurs in interstate
commerce and has a substantial effect on interstate commerce
and that when the facts and circumstances described in
subsection (c)(1) are combined, there arises substantial
potential for harmful effects on interstate commerce.
(2) Purpose.--The purpose of this section is to deter such
harmful effects.
(3) No preemption of state or local actions.--Such other
actions as may be taken by a State or local governmental unit
or entity referred to in subsection (c)(1)(A) to address the
facts and circumstances described in subsection (c)(1) are not
preempted by this section and do not burden interstate
commerce.
(b) Federal Treatment.--Notwithstanding any other provision of
law--
(1) any entity or person described in paragraph (1) or (2)
of subsection (c)--
(A) may not benefit, directly or indirectly, from
any expenditure of Federal funds, and
(B) shall not be allowed any Federal tax exclusion,
deduction, credit, exemption, or allowance,
in connection with or in any way related to the relocation of a
National Football League franchise of an entity or person
described in subsection (c)(1); and
(2) the interest paid or accrued on any bond, any portion
of the proceeds of which is used or is to be used to provide
facilities that are used or are to be used in whole or in part
by any entity or person described in paragraph (1) or (2) of
subsection (c), shall not be exempt from any Federal tax.
(c) Entity or Person Described.--For purposes of this section--
(1) General description.--An entity or person is described
in this paragraph if--
(A) the entity or person has conducted regular
season home football games through ownership of a
franchise in the National Football League in
facilities--
(i) which are owned, directly or
indirectly, by a State or local governmental
unit or entity, or
(ii) which are financed by a Federal,
State, or local governmental unit or entity;
(B) the entity or person has publicly announced
that such entity or person has the intention to conduct
such football games outside the facilities described in
subparagraph (A) before the expiration of the period
during which such governmental unit or entity has
authorized the entity or person to use such facilities;
(C) the entity or person has publicly announced
that such entity or person has the intention to conduct
such football games in facilities--
(i) to be owned, directly or indirectly, by
a State or local governmental unit or entity,
or
(ii) to be financed by a Federal, State, or
local governmental unit or entity;
(D) in the National Football League season
preceding the announcement of the intention of the
entity or person to relocate, attendance at the regular
season home football games of such entity or person
averaged at least 75 percent of normal capacity as
previously published by the National Football League
with respect to such season; and
(E) within the period of 1 year before or after
such announcement by the entity or person, an election
or referendum has been held by the State or local
governmental unit in which the facilities described in
subparagraph (A) are located and the voters have
approved a tax increase or extension of a tax, or have
failed to repeal any such tax increase or extension,
intended by such governmental unit to be used as part
of the financing for improved facilities or new
facilities for such football games of such entity or
person.
(2) Related person.--
(A) In general.--An entity or person is described
in this paragraph if such entity or person is a related
person to an entity or person described in paragraph
(1).
(B) Application of certain rules.--For purposes of
this paragraph, a person or entity shall be treated as
a related person to an entity or person described in
paragraph (1) if--
(i) under the terms of section 144(a)(3) of
the Internal Revenue Code of 1986, such person
or entity would be treated as a related person
to an entity or person described in paragraph
(1), or
(ii) such person or entity is a successor
in interest to an entity or person described in
paragraph (1) or to any related person.
(C) Rules regarding certain relationships.--In
determining whether a person or entity is a related
person to an entity or person described in paragraph
(1), the rules of sections 144(a)(3), 267, 707(b), and
1563 of the Internal Revenue Code of 1986 shall be
applied--
(i) by substituting ``at least 25 percent''
for ``more than 50 percent'' each place it
appears therein and by determining such
percentage on the basis of the highest
percentage of the stock or other indices of
ownership that any person or entity has owned
directly or indirectly at any time after
December 31, 1991,
(ii) by treating a person's step-children
or step-grandchildren as the person's natural
children or grandchildren, and
(iii) by treating all children and step-
children of such person as if they have not
attained the age of 21 years.
(d) Bankruptcy Venue.--Notwithstanding any other provision of law,
including titles 11 and 28 of the United States Code, any case under
such title 11 with respect to an entity or person described in
paragraph (1) or (2) of subsection (c) may be commenced only in the
district court for the judicial district in which the principal place
of business in the United States of such entity or person has been
located during the greatest part of the 3-year period immediately
preceding the commencement of such case.
(e) Effective Date.--This section shall apply to--
(1) any expenditure of Federal funds on or after the date
of the introduction of this Act,
(2) any case commenced under title 11, United States Code,
after November 1, 1995, and
(3) any Federal tax exclusion, deduction, credit,
exemption, or allowance for any taxable period ending after
December 31, 1994. | Team Relocation Taxpayer Protection Act of 1996 - Prohibits specified entities or persons (entities) from benefiting from any expenditure of Federal funds or from being allowed any Federal tax exclusion, deduction, credit, exemption, or allowance in connection with the relocation of a National Football League (NFL) franchise of such entity. Specifies that the interest paid or accrued on any bond from which proceeds are used or to be used to provide facilities for any such entity shall not be exempt from Federal tax.
Makes such provision applicable: (1) to any entity that has conducted regular season home football games through ownership of a franchise in the NFL in facilities which are owned by a State or local government or financed by a Federal, State, or local governmental unit, has publicly announced that it intends to conduct such football games outside such facilities before the expiration of the period during which such governmental unit has authorized the entity to use such facilities, has publicly announced that it intends to conduct such football games in facilities to be owned by a State or local government or to be financed by a Federal, State, or local governmental unit; (2) if in the NFL season preceding the announcement of the entity's intention to relocate, attendance at the regular season home football games of such entity averaged at least 75 percent of normal capacity as previously published by the NFL with respect to such season; and (3) if within one year before or after such announcement, an election or referendum has been held by the State or local government and the voters have approved a tax increase or extension of a tax, or have failed to repeal any such increase or extension, intended to be used as part of the financing for improved facilities or new facilities for such football games of such entity.
Sets forth provisions regarding: (1) preemption (no preemption of State or local actions); (2) who constitutes a "related person" for tax purposes; and (3) bankruptcy venue. | Team Relocation Taxpayer Protection Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cybersecurity Protection
Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Center'' means the national cybersecurity and
communications integration center under section 226 of the Homeland
Security Act of 2002, as added by section 3;
(2) the term ``critical infrastructure'' has the meaning given
that term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101);
(3) the term ``cybersecurity risk'' has the meaning given that
term in section 226 of the Homeland Security Act of 2002, as added
by section 3;
(4) the term ``information sharing and analysis organization''
has the meaning given that term in section 212(5) of the Homeland
Security Act of 2002 (6 U.S.C. 131(5));
(5) the term ``information system'' has the meaning given that
term in section 3502(8) of title 44, United States Code; and
(6) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following:
``SEC. 226. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION
CENTER.
``(a) Definitions.--In this section--
``(1) the term `cybersecurity risk' means threats to and
vulnerabilities of information or information systems and any
related consequences caused by or resulting from unauthorized
access, use, disclosure, degradation, disruption, modification, or
destruction of information or information systems, including such
related consequences caused by an act of terrorism;
``(2) the term `incident' means an occurrence that--
``(A) actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system; or
``(B) constitutes a violation or imminent threat of
violation of law, security policies, security procedures, or
acceptable use policies;
``(3) the term `information sharing and analysis organization'
has the meaning given that term in section 212(5); and
``(4) the term `information system' has the meaning given that
term in section 3502(8) of title 44, United States Code.
``(b) Center.--There is in the Department a national cybersecurity
and communications integration center (referred to in this section as
the `Center') to carry out certain responsibilities of the Under
Secretary appointed under section 103(a)(1)(H).
``(c) Functions.--The cybersecurity functions of the Center shall
include--
``(1) being a Federal civilian interface for the multi-
directional and cross-sector sharing of information related to
cybersecurity risks, incidents, analysis, and warnings for Federal
and non-Federal entities;
``(2) providing shared situational awareness to enable real-
time, integrated, and operational actions across the Federal
Government and non-Federal entities to address cybersecurity risks
and incidents to Federal and non-Federal entities;
``(3) coordinating the sharing of information related to
cybersecurity risks and incidents across the Federal Government;
``(4) facilitating cross-sector coordination to address
cybersecurity risks and incidents, including cybersecurity risks
and incidents that may be related or could have consequential
impacts across multiple sectors;
``(5)(A) conducting integration and analysis, including cross-
sector integration and analysis, of cybersecurity risks and
incidents; and
``(B) sharing the analysis conducted under subparagraph (A)
with Federal and non-Federal entities;
``(6) upon request, providing timely technical assistance, risk
management support, and incident response capabilities to Federal
and non-Federal entities with respect to cybersecurity risks and
incidents, which may include attribution, mitigation, and
remediation; and
``(7) providing information and recommendations on security and
resilience measures to Federal and non-Federal entities, including
information and recommendations to--
``(A) facilitate information security; and
``(B) strengthen information systems against cybersecurity
risks and incidents.
``(d) Composition.--
``(1) In general.--The Center shall be composed of--
``(A) appropriate representatives of Federal entities, such
as--
``(i) sector-specific agencies;
``(ii) civilian and law enforcement agencies; and
``(iii) elements of the intelligence community, as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4));
``(B) appropriate representatives of non-Federal entities,
such as--
``(i) State and local governments;
``(ii) information sharing and analysis organizations;
and
``(iii) owners and operators of critical information
systems;
``(C) components within the Center that carry out
cybersecurity and communications activities;
``(D) a designated Federal official for operational
coordination with and across each sector; and
``(E) other appropriate representatives or entities, as
determined by the Secretary.
``(2) Incidents.--In the event of an incident, during exigent
circumstances the Secretary may grant a Federal or non-Federal
entity immediate temporary access to the Center.
``(e) Principles.--In carrying out the functions under subsection
(c), the Center shall ensure--
``(1) to the extent practicable, that--
``(A) timely, actionable, and relevant information related
to cybersecurity risks, incidents, and analysis is shared;
``(B) when appropriate, information related to
cybersecurity risks, incidents, and analysis is integrated with
other relevant information and tailored to the specific
characteristics of a sector;
``(C) activities are prioritized and conducted based on the
level of risk;
``(D) industry sector-specific, academic, and national
laboratory expertise is sought and receives appropriate
consideration;
``(E) continuous, collaborative, and inclusive coordination
occurs--
``(i) across sectors; and
``(ii) with--
``(I) sector coordinating councils;
``(II) information sharing and analysis
organizations; and
``(III) other appropriate non-Federal partners;
``(F) as appropriate, the Center works to develop and use
mechanisms for sharing information related to cybersecurity
risks and incidents that are technology-neutral, interoperable,
real-time, cost-effective, and resilient; and
``(G) the Center works with other agencies to reduce
unnecessarily duplicative sharing of information related to
cybersecurity risks and incidents;
``(2) that information related to cybersecurity risks and
incidents is appropriately safeguarded against unauthorized access;
and
``(3) that activities conducted by the Center comply with all
policies, regulations, and laws that protect the privacy and civil
liberties of United States persons.
``(f) No Right or Benefit.--
``(1) In general.--The provision of assistance or information
to, and inclusion in the Center of, governmental or private
entities under this section shall be at the sole and unreviewable
discretion of the Under Secretary appointed under section
103(a)(1)(H).
``(2) Certain assistance or information.--The provision of
certain assistance or information to, or inclusion in the Center
of, one governmental or private entity pursuant to this section
shall not create a right or benefit, substantive or procedural, to
similar assistance or information for any other governmental or
private entity.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by inserting after the item relating to section 225 the
following:
``Sec. 226. National cybersecurity and communications integration
center.''.
SEC. 4. RECOMMENDATIONS REGARDING NEW AGREEMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit recommendations on
how to expedite the implementation of information-sharing agreements
for cybersecurity purposes between the Center and non-Federal entities
(referred to in this section as ``cybersecurity information-sharing
agreements'') to--
(1) the Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate; and
(2) the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives.
(b) Contents.--In submitting recommendations under subsection (a),
the Secretary shall--
(1) address the development and utilization of a scalable form
that retains all privacy and other protections in cybersecurity
information-sharing agreements that are in effect as of the date on
which the Secretary submits the recommendations, including
Cooperative Research and Development Agreements; and
(2) include in the recommendations any additional authorities
or resources that may be needed to carry out the implementation of
any new cybersecurity information-sharing agreements.
SEC. 5. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this Act, and
every year thereafter for 3 years, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate, the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives, and the Comptroller General of the United States a
report on the Center, which shall include--
(a) information on the Center, including--
(1) an assessment of the capability and capacity of the Center
to carry out its cybersecurity mission under this Act;
(2) the number of representatives from non-Federal entities
that are participating in the Center, including the number of
representatives from States, nonprofit organizations, and private
sector entities, respectively;
(3) the number of requests from non-Federal entities to
participate in the Center and the response to such requests;
(4) the average length of time taken to resolve requests
described in paragraph (3);
(5) the identification of--
(A) any delay in resolving requests described in paragraph
(3) involving security clearance processing; and
(B) the agency involved with a delay described in
subparagraph (A);
(6) a description of any other obstacles or challenges to
resolving requests described in paragraph (3) and a summary of the
reasons for denials of any such requests;
(7) the extent to which the Department is engaged in
information sharing with each critical infrastructure sector,
including--
(A) the extent to which each sector has representatives at
the Center;
(B) the extent to which owners and operators of critical
infrastructure in each critical infrastructure sector
participate in information sharing at the Center; and
(C) the volume and range of activities with respect to
which the Secretary has collaborated with the sector
coordinating councils and the sector-specific agencies to
promote greater engagement with the Center; and
(8) the policies and procedures established by the Center to
safeguard privacy and civil liberties.
SEC. 6. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
on the effectiveness of the Center in carrying out its cybersecurity
mission.
SEC. 7. CYBER INCIDENT RESPONSE PLAN; CLEARANCES; BREACHES.
(a) Cyber Incident Response Plan; Clearances.--Subtitle C of title
II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), as
amended by section 3, is amended by adding at the end the following:
``SEC. 227. CYBER INCIDENT RESPONSE PLAN.
``The Under Secretary appointed under section 103(a)(1)(H) shall,
in coordination with appropriate Federal departments and agencies,
State and local governments, sector coordinating councils, information
sharing and analysis organizations (as defined in section 212(5)),
owners and operators of critical infrastructure, and other appropriate
entities and individuals, develop, regularly update, maintain, and
exercise adaptable cyber incident response plans to address
cybersecurity risks (as defined in section 226) to critical
infrastructure.
``SEC. 228. CLEARANCES.
``The Secretary shall make available the process of application for
security clearances under Executive Order 13549 (75 Fed. Reg. 162;
relating to a classified national security information program) or any
successor Executive Order to appropriate representatives of sector
coordinating councils, sector information sharing and analysis
organizations (as defined in section 212(5)), owners and operators of
critical infrastructure, and any other person that the Secretary
determines appropriate.''.
(b) Breaches.--
(1) Requirements.--The Director of the Office of Management and
Budget shall ensure that data breach notification policies and
guidelines are updated periodically and require--
(A) except as provided in paragraph (4), notice by the
affected agency to each committee of Congress described in
section 3544(c)(1) of title 44, United States Code, the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security and the Committee on the Judiciary of the
House of Representatives, which shall--
(i) be provided expeditiously and not later than 30
days after the date on which the agency discovered the
unauthorized acquisition or access; and
(ii) include--
(I) information about the breach, including a
summary of any information that the agency knows on the
date on which notification is provided about how the
breach occurred;
(II) an estimate of the number of individuals
affected by the breach, based on information that the
agency knows on the date on which notification is
provided, including an assessment of the risk of harm
to affected individuals;
(III) a description of any circumstances
necessitating a delay in providing notice to affected
individuals; and
(IV) an estimate of whether and when the agency
will provide notice to affected individuals; and
(B) notice by the affected agency to affected individuals,
pursuant to data breach notification policies and guidelines,
which shall be provided as expeditiously as practicable and
without unreasonable delay after the agency discovers the
unauthorized acquisition or access.
(2) National security; law enforcement; remediation.--The
Attorney General, the head of an element of the intelligence
community (as such term is defined under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary
may delay the notice to affected individuals under paragraph (1)(B)
if the notice would disrupt a law enforcement investigation,
endanger national security, or hamper security remediation actions.
(3) OMB report.--During the first 2 years beginning after the
date of enactment of this Act, the Director of the Office of
Management and Budget shall, on an annual basis--
(A) assess agency implementation of data breach
notification policies and guidelines in aggregate; and
(B) include the assessment described in clause (i) in the
report required under section 3543(a)(8) of title 44, United
States Code.
(4) Exception.--Any element of the intelligence community (as
such term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice
under paragraph (1)(A) shall only provide such notice to
appropriate committees of Congress.
(c) Rule of Construction.--Nothing in the amendment made by
subsection (a) or in subsection (b)(1) shall be construed to alter any
authority of a Federal agency or department.
(d) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note),
as amended by section 3, is amended by inserting after the item
relating to section 226 the following:
``Sec. 227. Cyber incident response plan.
``Sec. 228. Clearances.''.
SEC. 8. RULES OF CONSTRUCTION.
(a) Prohibition on New Regulatory Authority.--Nothing in this Act
or the amendments made by this Act shall be construed to grant the
Secretary any authority to promulgate regulations or set standards
relating to the cybersecurity of private sector critical infrastructure
that was not in effect on the day before the date of enactment of this
Act.
(b) Private Entities.--Nothing in this Act or the amendments made
by this Act shall be construed to require any private entity--
(1) to request assistance from the Secretary; or
(2) that requested such assistance from the Secretary to
implement any measure or recommendation suggested by the Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 10, 2014. National Cybersecurity Protection Act of 2014 - (Sec. 3) Amends the Homeland Security Act of 2002 to establish a national cybersecurity and communications integration center in the Department of Homeland Security (DHS) to carry out the responsibilities of the DHS Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and related DHS programs. Requires the center to be the federal civilian interface for sharing cybersecurity risks, incidents, analysis, and warnings for federal and non-federal entities. Directs the center to: (1) enable real-time, integrated, and operational actions across federal and non-federal entities; (2) facilitate cross-sector coordination to address risks and incidents that may be related or could have consequential impacts across multiple sectors; (3) conduct and share analysis; and (4) provide technical assistance, risk management, and security measure recommendations. Directs the center to ensure: (1) continuous, collaborative, and inclusive coordination across sectors and with sector coordinating councils, information sharing and analysis organizations, and other appropriate non-federal partners; (2) development and use of technology-neutral, real-time mechanisms for sharing information about risks and incidents; and (3) safeguards against unauthorized access. Provides the Under Secretary with unreviewable discretion as to whether governmental or private entities are included in the center or are provided assistance or information. (Sec. 4) Requires the DHS Secretary to submit to Congress recommendations regarding how to expedite implementation of information-sharing agreements for cybersecurity purposes between the center and non-federal entities. (Sec. 5) Directs the Secretary to report annually to Congress concerning: (1) the number of non-federal participants, the length of time taken to resolve requests to participate in the center, and the reasons for any denials of such requests; (2) DHS's information sharing with each critical infrastructure sector; and (3) privacy and civil liberties safeguards. (Sec. 6) Requires a Comptroller General (GAO) report on the effectiveness of the center. (Sec. 7) Directs the Under Secretary to develop, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. Requires the Secretary to make the application process for security clearances relating to a classified national security information program available to sector coordinating councils, sector information sharing and analysis organizations, and owners and operators of critical infrastructure. Directs the Office of Management and Budget (OMB) to ensure that data breach notification policies require affected agencies, after discovering an unauthorized acquisition or access, to notify: (1) Congress within 30 days, and (2) affected individuals as expeditiously as practicable. Allows the Attorney General (DOJ), heads of elements of the intelligence community, or the Secretary to delay notice to affected individuals for purposes of law enforcement investigations, national security, or security remediation actions. Requires OMB to assess agency implementation of data breach notification policies. (Sec. 8) Prohibits this Act from being construed to: (1) grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the enactment of this Act, or (2) require any private entity to request the Secretary's assistance or to implement any recommendation suggested by the Secretary in response to such a request. | National Cybersecurity Protection Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Unfair Labor Practices.--Section 8(b)(1) of the National Labor
Relations Act (29 U.S.C. 158(b)(1)) is amended by striking ``restrain
or'' and inserting ``interfere with, restrain, or''.
(b) Representatives and Elections.--Section 9 of the National Labor
Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (a)--
(A) by striking ``designated or selected for the
purposes of collective bargaining'' and inserting ``for
the purposes of collective bargaining selected by
secret ballot in an election conducted by the Board,'';
and
(B) by inserting before the period the following:
``: Provided further, That, for purposes of determining
the majority of the employees in a secret ballot
election in a unit, the term `majority' shall mean the
majority of all the employees in the unit, and not the
majority of employees voting in the election''; and
(2) in subsection (e), by adding at the end the following:
``(3) Whenever any certified or voluntarily recognized bargaining
unit existing on or after the date of enactment of the Employee Rights
Act experiences turnover, expansion, or alteration by merger of unit
represented employees exceeding 50 percent of the bargaining unit on
such date and (A) the unit represented employees are covered by a
negotiated and agreed-upon collective bargaining agreement in effect
between a labor organization representative and an employer, the Board
shall conduct a secret paper ballot election among the represented
employees in the bargaining unit between the 120th day and 110th day
prior to the collective bargaining agreement's expiration or prior to
the conclusion of three years, whichever occurs earlier, or (B) there
is no negotiated collective bargaining agreement then in effect between
a labor organization and an employer, the Board shall conduct a secret
paper ballot election among the represented employees in the bargaining
unit within 30 days. Thereafter, a secret ballot election shall again
be conducted under the same conditions and procedures whenever the
recognized bargaining unit experiences turnover, expansion, or
alteration by merger of unit represented employees exceeding 50 percent
of the bargaining unit then in existence at the time of the preceding
secret paper ballot election. The election shall be conducted without
regard to the pendency of any unfair labor practice charge against the
employer or the labor organization representative and the Board shall
rule on any objections to the election pursuant to its established
timeframes for resolving such matters. If a majority of the votes cast
in a valid election reject the continuing representation by the labor
organization, the Board shall withdraw the labor organization's
certification, the labor organization shall cease representation of
employees in the bargaining unit, and any obligations to or on behalf
of the labor organization in a collectively bargained contract then in
effect shall terminate.''.
(c) Fair Representation in Elections.--Section 9 of the National
Labor Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (b), by inserting ``prior to an
election'' after ``in each case''; and
(2) in subsection (c)--
(A) in the flush matter following paragraph
(1)(B)--
(i) by inserting ``of 14 days in advance''
after ``appropriate hearing upon due notice'';
(ii) by inserting ``, and a review of post-
hearing appeals,'' after ``the record of such
hearing''; and
(iii) by adding at the end the following:
``The employer shall provide the Board a list
consisting only of employee names and home
addresses of all eligible voters within 7 days
following the Board's determination of the
appropriate unit or following any agreement
between the employer and the labor organization
regarding the eligible voters. Any employee may
elect to be excluded from such list by
notifying the employer in writing.''; and
(B) by adding at the end the following:
``(6)(A) No election shall take place after the filing of any
petition unless and until--
``(i) a hearing is conducted before a qualified hearing
officer in accordance with due process on any and all material,
factual issues regarding jurisdiction, statutory coverage,
appropriate unit, unit inclusion or exclusion, or eligibility
of individuals; and
``(ii) the issues are resolved by a Regional Director,
subject to appeal and review, or by the Board.
``(B) No election results shall be final and no labor organization
shall be certified as the bargaining representative of the employees in
an appropriate unit unless and until the Board has ruled on--
``(i) each pre-election issue not resolved before the
election; and
``(ii) the Board conducts a hearing in accordance with due
process and resolves each issue pertaining to the conduct or
results of the election.''.
(d) Penalties.--Section 10 of the National Labor Relations Act (29
U.S.C. 160) is amended by inserting after the second sentence following
the second proviso, the following: ``Any labor organization found to
have interfered with, restrained, or coerced employees in the exercise
of their rights under section 7 to form or join a labor organization or
to refrain therefrom, including the filing of a decertification
petition, shall be liable for wages lost and labor organization dues or
fees collected unlawfully, if any, and an additional amount as
liquidated damages. Any labor organization found to have interfered
with, restrained, or coerced an employee in connection with the filing
of a decertification petition shall be prohibited from filing
objections to an election held pursuant to such petition.''.
SEC. 3. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT
OF 1959.
(a) Definition.--Section 3(k) of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking
``ballot, voting machine, or otherwise, but'' and inserting ``paper
ballot, voting machine, or electronic ballot cast in the privacy of a
voting booth and''.
(b) Rights of Members.--Section 101(a)(1) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)(1)) is amended
by adding at the end the following: ``Every employee in a bargaining
unit represented by a labor organization, regardless of membership
status in the labor organization, shall have the same right as members
to vote by secret ballot regarding whether to ratify a collective
bargaining agreement with, or to engage in a strike or refusal to work
of any kind against, their employer.''.
(c) Right Not To Subsidize Labor Organization Nonrepresentational
Activities.--Title I of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 411 et seq.) is amended by adding at the end the
following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE LABOR ORGANIZATION
NONREPRESENTATIONAL ACTIVITIES.
``No employee's labor organization dues, fees, or assessments or
other contributions shall be used or contributed to any person,
organization, or entity for any purpose not directly related to the
labor organization's collective bargaining or contract administration
functions on behalf of the represented unit employee unless the
employee member, or nonmember required to make such payments as a
condition of employment, authorizes such expenditure in writing, after
a notice period of not less than 35 days. An initial authorization
provided by an employee under the preceding sentence shall expire not
later than 1 year after the date on which such authorization is signed
by the employee. There shall be no automatic renewal of an
authorization under this section.''.
(d) Limitations.--Section 101(a) of the Labor-Management Reporting
and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended by adding at
the end the following:
``(6) Limitation.--No strike shall commence without the consent of
a majority of all represented unit employees affected, determined by a
secret ballot vote conducted by a neutral, private organization chosen
by agreement between the employer and the labor organization involved.
In any case in which the employer involved has made an offer for a
collective bargaining agreement, the represented unit employees
involved shall be provided the opportunity for a secret ballot vote on
such offer prior to any vote relating to the commencement of a strike.
The cost of any such election shall be borne by the labor
organization.''.
(e) Reporting by Labor Organizations.--Section 201(c) of the Labor-
Management Reporting and Disclosure Act of 1959 (29 U.S.C. 431(c)) is
amended--
(1) by inserting ``and the independently verified annual
audit report of the labor organization's financial condition
and operations'' after ``required to be contained in such
report'';
(2) by inserting ``and represented unit nonmembers'' after
``members'';
(3) by inserting ``and represented unit nonmember'' after
``any member'';
(4) by inserting ``and represented unit nonmember'' after
``such member'';
(5) by striking ``and'' after ``any books, records,''; and
(6) by inserting ``, and independently verified annual
audit report of the labor organization's financial condition
and operations'' before ``necessary to verify such report.''.
(f) Acts of Violence.--Section 610 of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is amended--
(1) by striking ``It shall'' and inserting ``(a) It
shall''; and
(2) by adding at the end the following:
``(b) It shall be unlawful for any person, through the use of force
or violence, or threat of the use of force or violence, to restrain,
coerce, or intimidate, or attempt to restrain, coerce, or intimidate
any person for the purpose of obtaining from any person any right to
represent employees or any compensation or other term or condition of
employment. Any person who willfully violates this subsection shall be
fined not more than $100,000 or imprisoned for not more than 10 years,
or both.
``(c) The lawfulness of a labor organization's objectives shall not
remove or exempt from the definition of extortion, as defined in
section 1951(b)(2) of title 18, United States Code, conduct by the
labor organization or its agents that otherwise constitutes extortion
as defined in such section.''. | Employee Rights Act This bill amends the National Labor Relations Act to: (1) make it an unlawful labor practice for a labor organization to interfere (currently, restrain or coerce) with the rights of employees to organize and collectively bargain; (2) require union recertification after a turnover in the workforce exceeding 50% of the bargaining unit; (3) require the National Labor Relations Board (NLRB) to give 14 days advance notice before a hearing investigating an election petition; and (4) require an employer to provide the NLRB with a list consisting only of employee names and addresses of all eligible voters within seven days after an NLRB determination of the appropriate bargaining unit or an agreement on eligible voters. The bill: (1) grants union and nonunion employees the right to vote by secret ballot on whether to ratify a collective bargaining agreement or engage in a strike, (2) prohibits the use of union dues for any purpose not directly related to collective bargaining, (3) prohibits a strike without the consent of a majority of all represented employees determined by secret ballot, and (4) prohibits the use or threat of force or violence to obtain the right to represent employees. | Employee Rights Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Performance Review
and Sunset Act''.
SEC. 2. SUNSET COMMISSION TO REVIEW AND MAXIMIZE THE PERFORMANCE OF ALL
FEDERAL AGENCIES AND PROGRAMS.
(a) Schedule for Review of Agencies and Programs.--The President
may submit to Congress a schedule for reviewing the performance of, and
need for, executive branch agencies and programs at least once every 10
years. In considering the schedule, Congress shall follow the expedited
review procedures set forth in section 3.
(b) Sunset of Executive Branch Agencies and Programs.--Each
executive branch agency and program shall--
(1) be reviewed by the Sunset Commission according to the
schedule enacted in a joint resolution described in section
3(a); and
(2) except as provided in subsection (h), be abolished two
years after the date that the President submits to Congress the
report required pursuant to subsection (i) covering the agency
or program, unless the agency or program is reauthorized by law
after such submission or the two-year period is extended for an
additional two years by law.
(c) Establishment of Commission.--There is hereby established a
commission to be known as the ``Sunset Commission''.
(d) Membership, Powers, and Other Matters.--
(1) Membership.--
(A) In general.--The Sunset Commission shall be
comprised of seven members, who shall be appointed
within 180 days after the date of enactment of this
Act.
(B) Appointments.--The President shall appoint the
seven members of the Sunset Commission, as follows:
(i) One in consultation with the majority
leader of the Senate.
(ii) One in consultation with the minority
leader of the Senate.
(ii) One in consultation with the Speaker
of the House of Representatives.
(iv) One in consultation with the minority
leader of the House of Representatives.
(v) Three other members.
(C) Chair and vice chair.--The President shall
designate one member of the Sunset Commission to serve
as Chair and one member as Vice Chair.
(D) Length of service.--The members of the Sunset
Commission shall serve at the pleasure of the
President. Each member shall serve for a term not to
exceed three years, unless reappointed by the
President.
(E) Vacancies.--Any vacancy on the Commission shall
be filled in the manner in which the original
appointment was made.
(2) Powers relating to obtaining information from federal
agencies.--
(A) In general.--The Sunset Commission is
authorized to secure directly from any executive
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality of the
United States Government, information, suggestions,
estimates, and statistics for purposes of carrying out
its duties. Each department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality shall, to the extent authorized by law,
furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request
made by the chair or any other member designated by a
majority of the Commission.
(B) Receipt, handling, storage, and
dissemination.--Information shall be received, handled,
stored, and disseminated only by members of the
Commission and its staff consistent with all applicable
statutes, regulations, and Executive orders.
(3) Public hearings and meetings.--
(A) Public hearings.--The Sunset Commission shall
hold public hearings and meetings to the extent
appropriate. Any such public sessions shall be
conducted in a manner consistent with the protection of
information provided to or developed for or by the
Commission as required by any applicable statute,
regulation, or Executive Order.
(B) Nonapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Sunset Commission.
(4) Internal procedures.--
(A) Meetings.--The Sunset Commission shall meet
periodically at the call of the Chair. Such meetings
may include public sessions as described in paragraph
(3)(A).
(B) Quorum.--Four members of the Sunset Commission
shall constitute a quorum but a lesser number may hold
hearings.
(5) Personnel matters.--
(A) 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.
(B) Director.--The Chair of the Commission may,
without regard to the civil service laws and
regulations, appoint and terminate a Director for the
Commission. The Director shall be paid at a rate not to
exceed the Level II of the Executive Schedule.
(C) Staff.--The Director may appoint and fix the
compensation of additional 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 Director and other personnel
may not exceed Level II of the Executive Schedule.
(D) Applicability of certain civil service laws.--
The Director and any staff of the Commission shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, and 90 of that title.
(E) 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.
(F) 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 II of
the Executive Schedule under section 5316 of such
title.
(6) Other administrative matters.--
(A) Postal and printing services.--The Sunset
Commission may use the United States mails and obtain
printing and binding services in the same manner and
under the same conditions as other departments and
agencies of the United States.
(B) Administrative support services.--Upon the
request of the Sunset Commission, the Administrator of
General Services shall provide to the Sunset
Commission, on a reimbursable basis, the administrative
support services necessary for the Sunset Commission to
carry out its duties.
(C) Authorization of appropriations.--Such sums as
may be necessary are authorized to be appropriated for
the purposes of carrying out the duties the Commission.
Such funds shall remain available until expended.
(7) Sunset of commission.--The Sunset Commission shall
terminate on December 31, 2026, unless reauthorized by law.
(e) Review of Efficiency and Need for Executive Branch Agencies and
Programs.--
(1) In general.--The Sunset Commission shall review
agencies and programs in accordance with the criteria described
in subsection (f). The Sunset Commission shall consider
recommendations made by the President to the Commission for
improving the performance of the agencies or programs being
considered.
(2) Use of evaluations and assessments.--In its
deliberations, the Sunset Commission may consider any publicly
available agency or program evaluations and assessments,
including those that the Office of Management and Budget has
undertaken in consultation with the affected agencies of the
Federal Government. Such Office of Management and Budget
assessments shall evaluate the purpose, design, strategic plan,
management, and results of the program, and such other matters
as the Director of the Office of Management and Budget
considers appropriate, as well as make recommendations to
improve the efficiency and effectiveness of the assessed
programs.
(3) Report to the president.--The Sunset Commission shall
submit to the President not later than August 1 of each year a
report containing
(A) its assessment of each agency and program
reviewed during the preceding 12 months pursuant to the
schedule for review (if any) approved by a joint
resolution described in section 3(a); and
(B) its recommendations on how to improve the
results that each agency and program achieves and
whether to abolish any agency or program.
(4) Legislation.--The Sunset Commission shall submit to the
President with its report any legislation needed to carry out
its recommendations.
(5) Proposals to abolish agencies or programs.--Prior to
recommending the abolition of any agency or program, the Sunset
Commission should, as it considers appropriate:
(A) conduct public hearings on the merits of
retaining the agency or program;
(B) provide an opportunity for public comment on
the option of abolishing the agency or program;
(C) offer the affected agency an opportunity to
comment and to provide information supporting its
views;
(D) review the assessments described in paragraph
(2) of this Act; and
(E) consult with the Government Accountability
Office, the relevant Inspectors General, and the
relevant committees of Congress.
(f) Criteria for Review.--The Sunset Commission shall use the
following criteria to evaluate each agency or program:
(1) Whether the agency or program as carried out by the
agency is cost-effective and achieves its stated purpose or
goals.
(2) The extent to which any trends, developments, or
emerging conditions affect the need to change the mission of
the agency or program or the way that the mission is being
carried out by the agency.
(3) The extent to which the agency or program duplicates or
conflicts with other Federal agencies, State and local
government, or the private sector.
(4) The extent to which the agency coordinates effectively
with State and local governments in performing the functions of
the program.
(5) The extent to which changes in the authorizing statutes
of the agency or program would improve the performance of the
agency or program.
(6) The extent to which changes in the management structure
of the agency or program or its placement in the Executive
Branch are needed to improve the overall efficiency,
effectiveness, or accountability of executive branch
operations.
(g) Agency and Program Inventory-.--
(1) Preparation.--Within 6 months after the date of the
enactment of this Act, the Director of the Congressional
Research Service, with the assistance of the Comptroller
General, shall prepare an inventory of all executive branch
agencies and programs. Six months prior to the time that the
Sunset Commission is scheduled to begin its review of an agency
or program, the Director of the Congressional Research Service,
with the assistance of the Comptroller General, shall update
the section of the inventory pertaining to that agency or
program.
(2) Purpose.--The purpose of the agency and program
inventory is to advise and assist the Sunset Commission, the
President, and Congress in carrying out the requirements of
this Act.
(3) Inventory content.--The agency and program inventory
shall include for each agency and program a list of citations
of all authorizing statutes of the agency or program.
(h) Exemption.--
(1) Regulations.--No regulations to protect the
environment, health, safety, or civil rights shall be abolished
under this Act.
(2) Enforcement.--No program related to enforcing
regulations referred to in paragraph (1) shall be abolished
under this Act unless provision is made for the continued
enforcement of those regulations.
(i) Submission of Commission Report to Congress by President.--Not
later than September 1 of each year, the President shall submit to
Congress the report submitted to the President by the Commission
pursuant to subsection (e)(3) and any legislation needed to accomplish
the recommendations of the Sunset Commission.
SEC. 3. EXPEDITED CONGRESSIONAL REVIEW PROCEDURES.
(a) Definitions.--
(1) Resolution of approval.--For the purposes of this
section, the term ``resolution'' means only a joint
resolution--
(A) which does not have a preamble;
(B) the title of which is as follows: ``Joint
resolution approving the schedule for reviewing the
performance of, and need for, executive branch agencies
and programs under the Federal Agency Performance
Review and Sunset Act'';
(C) the matter after the resolving clause of which
is as follows: ``That Congress approves the schedule
for reviewing the performance of, and need for,
executive branch agencies and programs on _____ under
the Federal Agency Performance Review and Sunset
Act:'', the blank space being filled in with the
appropriate date; and
(D) the remaining text of which consists of the
complete schedule for the reviews submitted under
section 2(a).
(2) Legislative day.--For the purposes of this section, the
term ``legislative day'' refers to any day on which either
House of Congress is in session.
(b) Introduction and Reference of Resolution.--
(1) Not later than the first day of session following the
day on which a resolution is submitted to Congress under
section (2)(a)(1), the resolution shall be introduced (by
request)--
(A) in the House of Representatives by the chairman
of the Committee on Government Reform, or by a member
or members of the House designated by such chairman;
and
(B) in the Senate by the chairman of the Committee
on Homeland Security and Governmental Affairs, or by a
member of members of the Senate designated by such
chairman.
(2) The resolution shall be referred to the Committee on
Government Reform of the House of Representatives and the
Committee on on Homeland Security and Governmental Affairs of
the Senate (and all resolutions with respect to the same
schedule for reviews shall be referred to the same committee)
by the Speaker of the House or the President of the Senate, as
the case may be. The committee shall makes its recommendations
to the House of Representatives or the Senate, respectively,
within 75 calendar days of continuous session of Congress
following the date of such resolutions's introduction.
(c) Expedited Procedures Relating to Discharge of Committee
Considering Resolution, Procedure After Report or Discharge of
Committee, Debate, and Vote on Final Passage.--Sections 911 and 912 of
title 5, United States Code, shall apply to a resolution introduced
pursuant to subsection (b)(1). In applying such sections--
(1) the term ``resolution'' means a resolution as defined
in subsection (a)(1) of this section; and
(2) the term ``reorganization plan'' means a legislative
proposal containing a schedule for review submitted under
section 2(a).
(d) Effective Date, Publication, Effect on Other Laws, Pending
Legal Proceedings, and Unexpended Appropriations.--Sections 906 and 907
of title 5, United States Code, shall apply to a resolution introduced
pursuant to subsection (b)(1). In applying such sections--
(1) the term ``resolution'' means a resolution as defined
in subsection (a)(1) of this section; and
(2) the term ``reorganization plan'' means a legislative
proposal containing a schedule for review submitted under
section 2(a). | Federal Agency Performance Review and Sunset Act - Authorizes the President to submit to Congress a schedule for reviewing the performance of, and need for, executive branch agencies and programs at least once every 10 years. Establishes a Sunset Commission to review them. Requires: (1) the Commission to submit to the President annual reports containing its assessment and recommendations concerning each agency and program reviewed; and (2) the President to submit to Congress such reports and any needed legislation.
Specifies procedures for expedited congressional consideration of any schedule for reviewing the performance of, and need for, executive branch agencies and programs under this Act. | To provide for the establishment of the Sunset Commission to review and maximize the performance of all Federal agencies and programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Cable Deployment
Authorization Act of 2009''.
SEC. 2. SUPPORT FOR QUALIFIED ADVANCED ELECTRIC TRANSMISSION
MANUFACTURING PLANTS, QUALIFIED HIGH EFFICIENCY
TRANSMISSION PROPERTY, AND QUALIFIED ADVANCED ELECTRIC
TRANSMISSION PROPERTY.
(a) Loan Guarantees Prior to September 30, 2011.--Section 1705(a)
of the Energy Policy Act of 2005 (42 U.S.C. 15801 and following), as
added by section 406 of the American Recovery and Reinvestment Act of
2009 (Public Law 109-58; 119 Stat. 594) is amended by adding the
following new paragraph at the end thereof:
``(5) The development, construction, acquisition,
retrofitting, or engineering integration of a qualified
advanced electric transmission manufacturing plant or the
construction of a qualified high efficiency transmission
property or a qualified advanced electric transmission property
(whether by construction of new facilities or the modification
of existing facilities). For purposes of this paragraph--
``(A) The term `qualified advanced electric
transmission property' means any high voltage electric
transmission cable, related substation, converter
station, or other integrated facility that--
``(i) utilizes advanced ultra low
resistance superconductive material or other
advanced technology that has been determined by
the Secretary of Energy as--
``(I) reasonably likely to become
commercially viable within 10 years
after the date of enactment of this
paragraph;
``(II) capable of reliably
transmitting at least 5 gigawatts of
high-voltage electric energy for
distances greater than 300 miles with
energy losses not exceeding 3 percent
of the total power transported; and
``(III) not creating an
electromagnetic field;
``(ii) has been determined by an
appropriate energy regulatory body, upon
application, to be in the public interest and
thereby eligible for inclusion in regulated
rates;
``(iii) can be located safely and
economically in a permanent underground right
of way not to exceed 25 feet in width; and
``(iv) Termination.--The term `qualified
advanced electric transmission property' shall
not include any property placed in service
after December 31, 2016.
``(B)(i) The term `qualified high efficiency
transmission property' means any high voltage overhead
electric transmission line, related substation, or
other integrated facility that--
``(I) utilizes advanced conductor
core technology that--
``(aa) has been determined
by the Secretary of Energy as
reasonably likely to become
commercially viable within 10
years after the date of
enactment of this paragraph;
``(bb) is suitable for use
on transmission lines up to
765kV; and
``(cc) exhibits power
losses at least 30 percent
lower than that of transmission
lines using conventional
``ACSR'' conductors;
``(II) has been determined by an
appropriate energy regulatory body,
upon application, to be in the public
interest and thereby eligible for
inclusion in regulated rates; and
``(III) can be located safely and
economically in a right of way not to
exceed that used by conventional
``ACSR'' conductors; and
``(ii) Termination.--The term `qualified high
efficiency transmission property' shall not include any
property placed in service after December 31, 2016.
``(C) The term `qualified advanced electric
transmission manufacturing plant' means any industrial
facility located in the United States which can be
equipped, re-equipped, expanded, or established to
produce in whole or in part qualified advanced electric
transmission property.''.
(b) Additional Loan Guarantee Authority.--Section 1703 of the
Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended by
adding the following new paragraph at the end of subsection (b):
``(11) The development, construction, acquisition,
retrofitting, or engineering integration of a qualified
advanced electric transmission manufacturing plant or the
construction of a qualified advanced electric transmission
property (whether by construction of new facilities or the
modification of existing facilities). For purposes of this
paragraph, the terms `qualified advanced electric transmission
property' and `qualified advanced electric transmission
manufacturing plant' have the meanings provided by section
1705(a)(5).''.
(c) Grants.--The Secretary of Energy is authorized to provide
grants for up to 50 percent of costs incurred in connection with the
development, construction, acquisition of components or engineering of
a qualified advanced electric transmission property defined in
paragraph (5) of section 1705(a) of the Energy Policy Act of 2005 (42
U.S.C. 15801 and following). Such grants may only be made to the first
project which qualifies under that paragraph. There are authorized to
be appropriated for purposes of this section not more than $100,000,000
for fiscal year 2010. The United States shall take no equity or other
ownership interest in the qualified advanced electric transmission
manufacturing plant or qualified advanced electric transmission
property for which funding is provided under this section. | Advanced Cable Deployment Authorization Act of 2009 - Amends the Energy Policy Act of 2005, as amended by the American Recovery and Reinvestment Act of 2009, to authorize the Secretary of Energy to make loan guarantees for the development, construction, acquisition, retrofitting, or engineering integration of a qualified advanced electronic transmission manufacturing plant, or the construction of a qualified high efficiency transmission property or a qualified advanced electronic transmission property. Requires any such construction to commence by September 30, 2011.
Authorizes the Secretary of Energy to provide grants for up to 50% of the costs incurred in connection with the development, construction, acquisition of components or engineering of a qualified advanced electric transmission property. | To encourage the manufacture and use of efficient and advanced electric transmission cables, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cuba Reconciliation Act''.
SEC. 2. REMOVAL OF PROVISIONS RESTRICTING TRADE AND OTHER RELATIONS
WITH CUBA.
(a) Authority for Embargo.--Section 620(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370(a)) is repealed.
(b) Trading With the Enemy Act.--The authorities conferred upon the
President by section 5(b) of the Trading with the Enemy Act, which were
being exercised with respect to Cuba on July 1, 1977, as a result of a
national emergency declared by the President before that date, and are
being exercised on the day before the effective date of this Act, may
not be exercised on or after such effective date with respect to Cuba.
Any regulations in effect on the day before such effective date
pursuant to the exercise of such authorities, shall cease to be
effective on such date.
(c) Exercise of Authorities Under Other Provisions of Law.--
(1) Removal of prohibitions.--Any prohibition on exports to
Cuba that is in effect on the day before the effective date of
this Act under the Export Administration Act of 1979 (as
continued in effect under the International Emergency Economic
Powers Act) shall cease to be effective on such effective date.
(2) Authority for new restrictions.--The President may, on
and after the effective date of this Act--
(A) impose export controls with respect to Cuba
under section 5, 6(j), 6(l), or 6(m) of the Export
Administration Act of 1979 (as continued in effect
under the International Emergency Economic Powers Act);
and
(B) exercise the authorities he has under the
International Emergency Economic Powers Act with
respect to Cuba pursuant to a declaration of national
emergency required by that Act that is made on account
of an unusual and extraordinary threat, that did not
exist before the enactment of this Act, to the national
security, foreign policy, or economy of the United
States.
(d) Cuban Democracy Act of 1992.--The Cuban Democracy Act of 1992
(22 U.S.C. 6001 and following) is repealed.
(e) Repeal of Cuban Liberty and Democratic Solidarity (LIBERTAD)
Act of 1996.--
(1) Repeal.--The Cuban Liberty and Democratic Solidarity
(LIBERTAD) Act of 1996 is repealed.
(2) Conforming amendments.--(A) Section 498A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2295a) is amended--
(i) in subsection (a)(11), by striking ``and
intelligence facilities, including the military and
intelligence facilities at Lourdes and Cienfuegos,''
and inserting ``facilities,'';
(ii) in subsection (b)--
(I) in paragraph (4), by adding ``and''
after the semicolon;
(II) by striking paragraph (5); and
(III) by redesignating paragraph (6) as
paragraph (5); and
(iii) by striking subsection (d).
(B) Section 498B(k) of the Foreign Assistance Act of 1961
(22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and
(4).
(C) Section 1611 of title 28, United States Code, is
amended by striking subsection (c).
(D) Sections 514 and 515 of the International Claims
Settlement Act of 1949 (22 U.S.C. 1643l and 1643m) are
repealed.
(f) Termination of Denial of Foreign Tax Credit With Respect to
Cuba.--Subparagraph (A) of section 901(j)(2) of the Internal Revenue
Code of 1986 (relating to denial of foreign tax credit, etc., with
respect to certain foreign countries) is amended by adding at the end
thereof the following new flush sentence:
``Notwithstanding the preceding sentence, this subsection shall not
apply to Cuba after the date which is 60 days after the date of the
enactment of this sentence.''.
(g) Sugar Quota Prohibition Under Food Security Act of 1985.--
Section 902(c) of the Food Security Act of 1985 is repealed.
(h) Trade Sanctions Reform and Export Enhancement Act of 2000.--The
Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 and following) is amended--
(1) in section 906(a)(1)--
(A) by striking ``Cuba,''; and
(B) by inserting ``(other than Cuba)'' after ``to
the government of a country'';
(2) in section 908--
(A) by striking subsection (b);
(B) in subsection (a)--
(i) by striking ``Prohibition'' and all
that follows through ``(1) In general.--'' and
inserting ``In General.--'';
(ii) by striking ``for exports to Cuba
or'';
(iii) by striking paragraph (2); and
(iv) by redesignating paragraph (3) as
subsection (b) (and conforming the margin
accordingly); and
(C) in subsection (b) (as redesignated), by
striking ``paragraph (1)'' and inserting ``subsection
(a)'';
(3) by striking section 909; and
(4) by striking section 910.
(i) Repeal of Prohibition on Transactions or Payments With Respect
to Certain United States Intellectual Property.--Section 211 of the
Department of Commerce and Related Agencies Appropriations Act, 1999
(as contained in section 101(b) of division A of Public Law 105-277;
112 Stat. 2681-88) is repealed.
SEC. 3. TELECOMMUNICATIONS EQUIPMENT AND FACILITIES.
Any common carrier within the meaning of section 3 of the
Communications Act of 1934 (47 U.S.C. 153) is authorized to install,
maintain, and repair telecommunications equipment and facilities in
Cuba, and otherwise provide telecommunications services between the
United States and Cuba. The authority of this section includes the
authority to upgrade facilities and equipment.
SEC. 4. TRAVEL.
(a) In General.--Travel to and from Cuba by individuals who are
citizens or residents of the United States, and any transactions
ordinarily incident to such travel, may not be regulated or prohibited
if such travel would be lawful in the United States.
(b) Transactions Incident to Travel.--Any transactions ordinarily
incident to travel which may not be regulated or prohibited under
subsection (a) include, but are not limited to--
(1) transactions ordinarily incident to travel or
maintenance in Cuba; and
(2) normal banking transactions involving foreign currency
drafts, traveler's checks, or other negotiable instruments
incident to such travel.
SEC. 5. DIRECT MAIL DELIVERY TO CUBA.
The United States Postal Service shall take such actions as are
necessary to provide direct mail service to and from Cuba, including,
in the absence of common carrier service between the 2 countries, the
use of charter providers.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect 60
days after the date of the enactment of this Act. | Cuba Reconciliation Act Amends the Foreign Assistance Act of 1961 to repeal the embargo placed upon all trade with Cuba. Amends the Internal Revenue Code to declare the denial of foreign tax credit inapplicable to Cuba.Permits: (1) installation and maintenance of telecommunications equipment and facilities in Cuba, including telecommunications services between the United States and Cuba; and (2) travel to and from Cuba by U.S. citizens or residents. Requires the U.S. Postal Service to provide direct mail service to and from Cuba. | Cuba Reconciliation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Rural Health Care Equity
Act of 2010''.
SEC. 2. REVISIONS TO THE PRACTICE EXPENSE GEOGRAPHIC ADJUSTMENT UNDER
THE MEDICARE PHYSICIAN FEE SCHEDULE.
Effective as if included in the enactment of the Patient Protection
and Affordable Care Act (Public Law 111-148), subparagraph (H) of
section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)), as added by section 3102(b) of the Patient Protection and
Affordable Care Act, is amended to read as follows:
``(H) Practice expense geographic adjustment for
2010 and subsequent years.--
``(i) For 2010.--Subject to clause (iii),
for services furnished during 2010, the
employee wage and rent portions of the practice
expense geographic index described in
subparagraph (A)(i) shall reflect \1/2\ of the
difference between the relative costs of
employee wages and rents in each of the
different fee schedule areas and the national
average of such employee wages and rents.
``(ii) For 2011.--Subject to clause (iii),
for services furnished during 2011, the
employee wage and rent portions of the practice
expense geographic index described in
subparagraph (A)(i) shall reflect \1/4\ of the
difference between the relative costs of
employee wages and rents in each of the
different fee schedule areas and the national
average of such employee wages and rents.
``(iii) Hold harmless.--The practice
expense portion of the geographic adjustment
factor applied in a fee schedule area for
services furnished in 2010 or 2011 shall not,
as a result of the application of clause (i) or
(ii), be reduced below the practice expense
portion of the geographic adjustment factor
under subparagraph (A)(i) (as calculated prior
to the application of such clause (i) or (ii),
respectively) for such area for such year.
``(iv) Analysis.--The Secretary shall
analyze current methods of establishing
practice expense geographic adjustments under
subparagraph (A)(i) and evaluate data that
fairly and reliably establishes distinctions in
the costs of operating a medical practice in
the different fee schedule areas. Such analysis
shall include an evaluation of the following:
``(I) The feasibility of using
actual data or reliable survey data
developed by medical organizations on
the costs of operating a medical
practice, including office rents and
non-physician staff wages, in different
fee schedule areas.
``(II) The office expense portion
of the practice expense geographic
adjustment described in subparagraph
(A)(i), including the extent to which
types of office expenses are determined
in local markets instead of national
markets.
``(III) The weights assigned to
each of the categories within the
practice expense geographic adjustment
described in subparagraph (A)(i).
In conducting such analysis, the Secretary
shall not take into account any data that is
not actual or survey data.
``(v) Revision for 2012 and subsequent
years.--As a result of the analysis described
in clause (iv), the Secretary shall, not later
than January 1, 2012, make appropriate
adjustments to the practice expense geographic
adjustment described in subparagraph (A)(i) to
ensure accurate geographic adjustments across
fee schedule areas, including--
``(I) basing the office rents
component and its weight on occupancy
costs only and making weighting changes
in other categories as appropriate;
``(II) ensuring that office
expenses that do not vary from region
to region be included in the `other'
office expense category; and
``(III) considering a
representative range of professional
and non-professional personnel employed
in a medical office based on the use of
the American Community Survey data or
other reliable data for wage
adjustments.
Such adjustments shall be made without regard
to adjustments made pursuant to clauses (i) and
(ii) and shall be made in a budget neutral
manner.
``(vi) Special rule.--If the Secretary does
not complete the analysis described in clause
(iv) and make any adjustments the Secretary
determines appropriate for 2012 or a subsequent
year under clause (v), the Secretary shall
apply clause (ii) for services furnished during
2012 or a subsequent year in the same manner as
such clause applied for services furnished
during 2011.''.
SEC. 3. ELIMINATION OF SWEETHEART DEAL THAT INCREASES MEDICARE
REIMBURSEMENT JUST FOR FRONTIER STATES.
Effective as if included in the enactment of the Patient Protection
and Affordable Care Act (Public Law 111-148), section 10324 of such Act
(and the amendments made by such section) is repealed. | Medicare Rural Health Care Equity Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act (PPACA), to revise the practice expense portion of the geographic adjustment applied in a fee schedule area for physicians' services furnished in 2010 and subsequent years. Reduces the employee wage and rent portions of the index for 2010 from 3/4 to 1/2 of the difference between the relative costs of employee wages and rents in each of the different fee schedule areas and the national average of such employee wages and rents. Reduces the same portions of the index for 2011 from 1/2 to 1/4 of such differences.
Amends PPACA to repeal specified floors for frontier states: (1) on the area wage index for hospitals; (2) on the area wage adjustment factor for hospital outpatient department services; and (3) for the practice expense index for services furnished in such states. | A bill to amend title XVIII of the Social Security Act to ensure Medicare beneficiary access to physicians, to ensure equitable reimbursement under the Medicare program for all rural States, and to eliminate sweetheart deals for frontier States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Post-Abortion Support and Services
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) About 3,000,000 women per year in the United States
have an unplanned or unwanted pregnancy, and approximately
1,186,000 of these pregnancies end in elective abortion.
(2) Abortion can have severe and long-term effects on the
mental and emotional well-being of women. Women often
experience sadness and guilt following abortions with no one to
console them. They may have difficulty in bonding with new
babies, become overprotective parents, or develop problems in
their relationships with their spouses. Problems such as eating
disorders, depression, and suicide attempts have also been
traced to past abortions.
(3) Negative emotional reactions associated with abortion
include, depression, bouts of crying, guilt, intense grief or
sadness, emotional numbness, eating disorders, drug and alcohol
abuse, suicidal urges, anxiety and panic attacks, anger, rage,
sexual problems or promiscuity, lowered self esteem, nightmares
and sleep disturbances, flashbacks, and difficulty with
relationships.
(4) Women who aborted a first pregnancy are four times more
likely to report substance abuse compared to those who suffered
a natural loss of their first pregnancy, and are five times
more likely to report subsequent substance abuse than women who
carried to term.
(5) Research shows that the more women attempt to cope with
abortion using means of avoidance, mental disengagement, or
denial, the more likely the women are to report post-abortion
distress, intrusive thoughts, and dissatisfaction.
(6) Women who experience a lack of social support and
strong feelings of ambivalence are statistically more likely to
suffer severe negative emotional reactions to an abortion.
(7) Depression and other maladjustments to abortion can be
prolonged by the failure of the medical community, loved ones,
and society to recognize the complexity of post-abortion
reactions.
(8) Many women submit to an abortion in violation of their
own moral beliefs or maternal desires in order to satisfy the
demands of others.
(9) Women who submit to an abortion because of social
pressure are more likely to suffer from psychological distress
in subsequent years.
(10) Post-abortion depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary, hospitalization.
(11) While there have been many studies regarding the
emotional aftermath of abortion, very little research has been
sponsored by the National Institutes of Health.
TITLE I--RESEARCH ON POST-ABORTION DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF THE NATIONAL
INSTITUTE OF MENTAL HEALTH.
(a) In General.--
(1) Post-abortion conditions.--The Secretary of Health and
Human Services, acting through the Director of NIH and the
Director of the National Institute of Mental Health (in this
section referred to as the ``Institute''), shall expand and
intensify research and related activities of the Institute with
respect to post-abortion depression and post-abortion psychosis
(in this section referred to as ``post-abortion conditions'').
(2) Additional conditions.--In addition to the post-
abortion conditions under paragraph (1), the Secretary of
Health and Human Services, acting through the Director of the
National Institutes of Health, shall expand and intensify
research and related activities of the National Institutes of
Health with respect to the physical side effects of having an
abortion, including infertility, excessive bleeding, cervical
tearing, infection, and death.
(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Directors under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to post-abortion conditions.
(c) Programs for Post-Abortion Conditions.--In carrying out
subsection (a), the Director of the Institute shall conduct or support
research to expand the understanding of the causes of, and to find a
cure for, post-abortion conditions. Activities under such subsection
shall include conducting and supporting the following:
(1) Basic research concerning the etiology of the
conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved diagnostic techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
(d) Longitudinal Study.--
(1) In general.--The Director of the Institute shall
conduct a national longitudinal study to determine the
incidence and prevalence of cases of post-abortion conditions,
and the symptoms, severity, and duration of such cases, toward
the goal of more fully identifying the characteristics of such
cases and developing diagnostic techniques.
(2) Report.--Beginning not later than 3 years after the
date of the enactment of this Act, and periodically thereafter
for the duration of the study under paragraph (1), the Director
of the Institute shall prepare and submit to the Congress
reports on the findings of the study.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $3,000,000 for
each of the fiscal years 2002 through 2006.
TITLE II--DELIVERY OF SERVICES REGARDING POST-ABORTION DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') shall, in accordance with
this title, make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with post-abortion
depression or post-abortion psychosis (referred to in this section as a
``post-abortion condition'') and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity--
(1) is a public or nonprofit private entity that may
include a State or local government, a public or nonprofit
private hospital, a community-based organization, a hospice, an
ambulatory care facility, a community health center, a migrant
health center, a homeless health center, or another appropriate
public or nonprofit private entity; and
(2) had experience in providing the services described in
subsection (a) before the date of the enactment of this Act.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of post-abortion conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening and comprehensive treatment services for individuals
with or at risk for post-abortion conditions, and delivering or
enhancing support services for their families.
(2) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, day or respite care, and providing
counseling on financial assistance and insurance) for
individuals with post-abortion conditions and support services
for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.
(e) Limitation on Amount of Grants.--A grant under subsection (a)
for any fiscal year may not be made in an amount exceeding $100,000.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of post-
abortion conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there is authorized to
be appropriated $300,000 for each of fiscal years 2002 through 2006. | Post-Abortion Support and Services Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH) and the Director of the National Institute of Mental Health (Institute), to expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis. Requires the Director of NIH to also address the physical side effects of having an abortion, including infertility, excessive bleeding, cervical tearing, infection, and death.Requires the Director of the Institute to: (1) coordinate NIH activities related to post-abortion conditions; (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions; and (3) conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques.Requires the Secretary to make grants of up to $100,000 per fiscal year to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis. | A bill to provide for research on, and services for, individuals with post-abortion depression and psychosis. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Financial Research
Accountability Act of 2015''.
SEC. 2. ADDITIONAL DUTIES OF THE OFFICE OF FINANCIAL RESEARCH.
Section 153 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5343) is amended by adding at the end the
following new subsection:
``(g) Additional Duties.--
``(1) Annual work plan.--
``(A) In general.--The Director shall, after a
period of 60 days for public notice and comment,
annually publish a detailed work plan concerning the
priorities of the Office for the upcoming fiscal year.
``(B) Requirements.--The work plan shall include
the following:
``(i) A unique alphanumeric identifier and
detailed description of any report, study,
working paper, grant, guidance, data
collection, or request for information that is
expected to be in progress during, or scheduled
to begin in, the upcoming fiscal year.
``(ii) For each item listed under clause
(i), a target date for any significant actions
related to such item, including the target
date--
``(I) for the release of a report,
study, or working paper;
``(II) for, and topics of, a
meeting of a working paper group and
each solicitation of applications for
grants; and
``(III) for the issuance of
guidance, data collections, or requests
for information.
``(iii) A list of all technical and
professional advisory committees that is
expected to be convened in the upcoming fiscal
year pursuant to section 152(h).
``(iv) The name and professional
affiliations of each individual who served
during the previous fiscal year as an academic
or professional fellow pursuant to section
152(i).
``(v) A detailed description of the
progress made by primary financial regulatory
agencies in adopting a unique alphanumeric
system to identify legally distinct entities
that engage in financial transactions (commonly
known as a `Legal Entity Identifier'),
including a list of regulations requiring the
use of such a system and actions taken to
ensure the adoption of such a system by primary
financial regulatory agencies.
``(2) Public reports.--
``(A) Consultation.--In preparing any public report
with respect to a specified entity, class of entities,
or financial product or service, the Director shall
consult with any Federal department or agency with
expertise in regulating the entity, class of entities,
or financial product or service.
``(B) Report requirements.--A public report
described in subparagraph (A) shall include--
``(i) an explanation of any changes made as
a result of a consultation under this
subparagraph and, with respect to any changes
suggested in such consultation that were not
made, the reasons that the Director did not
incorporate such changes; and
``(ii) information on the date, time, and
nature of such consultation.
``(C) Notice and comment.--Before issuing any
public report described in subparagraph (A), the
Director shall provide a period of 90 days for public
notice and comment on the report.
``(3) Cybersecurity plan.--
``(A) In general.--The Office shall develop and
implement a cybersecurity plan that uses appropriate
safeguards that are adequate to protect the integrity
and confidentiality of the data in the possession of
the Office.
``(B) GAO review.--The Comptroller General of the
United States shall annually audit the cybersecurity
plan and its implementation described in subparagraph
(A).''. | . Office of Financial Research Accountability Act of 2015 (Sec. 2) This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to require the Office of Financial Research within the Department of the Treasury to publish annually a detailed work plan of the Office priorities for the upcoming fiscal year, including a detailed description of the progress made by primary financial regulatory agencies in adopting a unique alphanumeric system ("Legal Entity Identifier") to identify legally distinct entities that engage in financial transactions, as well as a list of regulations requiring the use of such a system and actions taken to ensure its adoption by those agencies. The bill requires the Office to develop and implement a cybersecurity plan using adequate safeguards to protect the integrity and confidentiality of the data in Office possession. | Office of Financial Research Accountability Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildfire Regulatory Relief Act of
2018''.
SEC. 2. USE OF LAND IN A STATE OF EMERGENCY.
Section 1233(b) of the Food Security Act of 1985 (16 U.S.C.
3833(b)) is amended by striking paragraph (1) and inserting the
following:
``(1) harvesting, grazing, or other commercial use of the
forage, without any reduction in the rental rate, in response
to--
``(A) drought;
``(B) flooding;
``(C) a state of emergency that--
``(i) is declared by the Governor of the
State in which the land that is subject to a
contract under the conservation reserve program
is located; and
``(ii) covers any part of the State or the
entire State; or
``(D) other emergency;''.
SEC. 3. EVALUATING A MAJOR DISASTER DECLARATION REQUEST.
Section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) is amended by adding at the end the
following:
``(d) Consideration of Requests.--
``(1) In general.--In evaluating a request for a
declaration under this section, the President shall take into
consideration any impacts of the disaster that--
``(A) will impede the recovery efforts of affected
individuals or community; and
``(B) may not be addressed under disaster programs
administered by the Federal Emergency Management
Agency, but that are addressed by other disaster
programs, such as the disaster loan program authorized
under section 7(b) of the Small Business Act (15 U.S.C.
636(b)) and programs authorized under section 1501 of
the Agricultural Act of 2014 (7 U.S.C. 9081).
``(2) Agricultural fence lines.--
``(A) Definition.--In this paragraph, the term
`agricultural fence line' means a physical barrier
placed for the purpose of defining the edge or boundary
of an area used for agricultural purpose.
``(B) Consideration.--In considering the impacts of
a disaster required to be considered under paragraph
(1), the President shall consider the costs of
replacing an agricultural fence line.''.
SEC. 4. EMERGENCY MANAGEMENT GRANTS.
Section 662(b) of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 762(b)) is amended by inserting ``, including
supporting joint interagency cooperation between State agencies
responsible for responding to wildfires,'' after ``hazards''.
SEC. 5. REGULATORY RELIEF FOR BANKS DURING MAJOR DISASTERS.
(a) Definitions.--In this section--
(1) the terms ``appropriate Federal banking agency'' and
``depository institution'' have the meanings given those terms
in section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813); and
(2) the term ``major disaster'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(b) Requirement.--Not later than 15 days after the date on which
the President declares a major disaster under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), or not later than 15 days after a state of emergency is declared
by a Governor of a State for all or part of that State, the appropriate
Federal banking agencies and the Bureau of Consumer Financial
Protection shall issue guidance to depository institutions located in
the area for which the President declared the major disaster or the
Governor declared a state of emergency, as applicable, for reducing
regulatory burdens for borrowers and communities in order to facilitate
recovery from the major disaster.
(c) Contents.--Guidance issued under subsection (b) shall include
instructions from the appropriate Federal banking agency or the Bureau
of Consumer Financial Protection, as applicable, regarding--
(1) extending repayment terms, adjusting existing loans,
and easing terms for new loans, in accordance with prudent
banking practices that involve appropriate monitoring;
(2) providing relief from reporting and publishing
requirements, including by accepting delayed filing and
publishing of reports by depository institutions in areas
affected by the major disaster or covered by the state of
emergency, as applicable;
(3) taking appropriate actions to stabilize investments in
local government projects affected by the major disaster or
covered by the state of emergency, as applicable;
(4) promoting awareness of the eligibility of depository
institutions for loans or investments made in areas affected by
the major disaster or covered by the state of emergency, as
applicable, under the Community Reinvestment Act of 1977 (12
U.S.C. 2901 et seq.); and
(5) such other issues as determined appropriate by the
appropriate Federal banking agency or the Bureau of Consumer
Financial Protection, as applicable. | Wildfire Regulatory Relief Act of 2018 This bill amends the Food Security Act of 1985 to direct the Department of Agriculture to allow harvesting, grazing, or other commercial use of the forage on conservation reserve program lands when a governor declares a state of emergency. The bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to require the President, in evaluating a major disaster declaration request, to consider any impacts of the disaster that: (1) will impede the recovery efforts of affected individuals or the community; and (2) may not be addressed under disaster programs administered by the Federal Emergency Management Agency (FEMA) but are addressed by other disaster programs. The bill amends the Post-Katrina Emergency Management Reform Act of 2006 to require FEMA to include within the emergency management performance grants program grants supporting joint interagency cooperation between state agencies responsible for responding to wildfires. Not later than 15 days after the President declares a major disaster under the Stafford Act, or after a state of emergency is declared by a governor, the appropriate federal banking agencies and the Bureau of Consumer Financial Protection shall issue guidance to depository institutions located in the disaster area for reducing regulatory burdens for borrowers and communities to facilitate recovery from the disaster. | Wildfire Regulatory Relief Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worker Dividend Act of 2018''.
SEC. 2. FAILURE OF EMPLOYER TO PAY WORKER DIVIDENDS.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by inserting after chapter 36 the following new chapter:
``CHAPTER 37--PROVISIONS RELATING TO WORKER DIVIDENDS
``Sec. 4501. Failure of employer to pay worker dividends.
``SEC. 4501. FAILURE OF EMPLOYER TO PAY WORKER DIVIDENDS.
``(a) General Rule.--If, for a taxable year in which a covered
employer repurchases any securities of the employer on the open market,
the covered employer fails to pay to its employees a worker dividend
meeting the requirements of subsection (b), then there is hereby
imposed on the covered employer a tax equal to the lesser of the
amounts determined under subparagraphs (A) and (B) of subsection
(b)(1).
``(b) Worker Dividend.--For purposes of this section--
``(1) In general.--The term `worker dividend' means a
payment made by a covered employer to employees of the employer
at locations in the United States, if the total of all such
payments made during the taxable year is not less than the
lesser of--
``(A) the amount paid by the employer to repurchase
securities of the employer on the open market during
the taxable year, and
``(B) 50 percent of the amount by which the
earnings before interest, taxes, depreciation, and
amortization of the employer during the taxable year in
the United States exceed $250,000,000.
``(2) Payments to be in addition to compensation.--Such
term shall not include any payment unless such payment is in
addition to, and (including by election of the employee) is not
included in (except as provided in paragraph (5)) or
substituted for, any cash or other compensation ordinarily paid
to the employee by the employer.
``(3) Payments to be equal.--Such term shall not include
any payment unless the amount of the payment made to each
employee of the employer in the United States is of an equal
amount. Notwithstanding the preceding sentence, in the case of
an employee employed at less than full time, the payment to
such employee may be in a pro rata amount based on the hours
worked by the employee per week.
``(4) Timing of payment.--Such term shall not include any
payment which is not made within 60 days of the close of the
taxable year to which it relates.
``(5) Option to increase compensation.--A covered employer
may, by providing such documentation as the Secretary may
require, elect to have the worker dividend paid to employees in
the form of an increase in regular compensation. In the case of
a covered employer making such election--
``(A) paragraph (4) shall not apply, and
``(B) the term `worker dividend' includes only
increases in compensation which are so documented and
which are paid within 1 calendar year of the date the
increase goes into effect.
``(c) Covered Employer.--For purposes of this section, the term
`covered employer' means, for any taxable year, any entity the stock of
which is publicly traded.
``(d) Aggregation Rule.--All persons treated as a single employer
under subsection (a) or (b) of section 52 shall be treated as a single
employer for purposes of determining whether an individual is an
employee of a covered employer.
``(e) Regulations.--The Secretary, in consultation with the
Secretary of Labor, shall promulgate regulations or other guidance to
ensure compliance with this section, including the determination of
full time status and rules to prevent avoidance of the purposes of
subsection (b)(2).
``(f) Reporting.--With respect to any taxable year in which a
covered employer repurchases any securities of the employer on the open
market, not later than the due date for the return of tax for such
taxable year such employer shall report to the Secretary and the
Chairman of the Securities and Exchange Commission, in such manner as
the Secretary shall determine, the amount of any worker dividend paid
during such taxable year and any other information as the Secretary
shall require.''.
(b) Clerical Amendment.--The table of chapters for subtitle D of
the Internal Revenue Code of 1986 is amended by inserting after the
item relating to chapter 36 the following new item:
``Chapter 37--Provisions Relating to Worker Dividends''.
(c) Effective Date.--The amendments made by this section shall
apply to repurchases of employer securities in taxable years beginning
after the date of the enactment of this Act. | Worker Dividend Act of 2018 This bill amends the Internal Revenue Code to impose a tax on certain publicly traded companies that have at least $250 million in U.S. earnings for the year, buy back securities during the year, and fail to pay employees a worker dividend. An employer covered by the bill must pay to U.S. employees a worker dividend that totals at least the lesser of: (1) the amount paid by the employer to repurchase securities of the employer on the open market during the taxable year; or (2) 50% of the amount by which the employer's U.S. earnings before interest, taxes, depreciation, and amortization exceed $250 million. Employers who fail to pay a required worker dividend are subject to a tax that is equal to the required dividend. The bill also specifies that the dividend must be distributed equally to employees and be paid in addition to compensation that the employer would ordinarily pay to employees. | Worker Dividend Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Derivatives Trading Integrity Act of
2008''.
SEC. 2. REGULATION OF CERTAIN AGREEMENTS, CONTRACTS, AND TRANSACTIONS.
(a) Definitions.--Section 1a of the Commodity Exchange Act (7
U.S.C. 1a) is amended--
(1) by striking paragraphs (10), (11), (13), (14), and
(33); and
(2) by redesignating--
(A) paragraph (12) as paragraph (10);
(B) paragraphs (15) through (32) as paragraphs (11)
through (28), respectively; and
(C) paragraph (34) as paragraph (29).
(b) Exclusions.--Section 2 of the Commodity Exchange Act (7 U.S.C.
2) is amended--
(1) by striking subsections (d), (e), (g), (h), and (i);
and
(2) by redesignating subsection (f) as subsection (d).
(c) Restriction of Futures Trading to Contract Markets or
Derivatives Transaction Execution Facilities.--Section 4 of the
Commodity Exchange Act (7 U.S.C. 6) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Unless exempted by the Commission pursuant
to subsection (c), it shall'' and inserting ``It shall'';
(2) by striking subsection (c); and
(3) by redesignating subsection (d) as subsection (c).
(d) Exempt Boards of Trade.--Section 5d of the Commodity Exchange
Act (7 U.S.C. 7a-3) is repealed.
SEC. 3. CONFORMING AMENDMENTS.
(a) Section 1a of the Commodity Exchange Act (7 U.S.C. 1a) (as
amended by section 2(a)(2)) is amended--
(1) in paragraph (10)(A)(x), by striking ``(other than an
electronic trading facility with respect to a significant price
discovery contract)'';
(2) in paragraph (25)--
(A) in subparagraph (C), by inserting ``and'' after
the semicolon at the end;
(B) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (E); and
(3) in paragraph (27), by striking ``section 2(c), 2(d),
2(f), or 2(g) of this Act'' and inserting ``subsection (c) or
(d) of section 2''.
(b) Section 2(c) of the Commodity Exchange Act (7 U.S.C. 2(c)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``5d,''; and
(B) in subparagraph (F), by striking ``in an
excluded commodity''; and
(2) in paragraph (2)(B)(i)(II)--
(A) in item (cc), by striking ``section 1a(20) of
this Act'' each place it appears and inserting
``section 1a(16)''; and
(B) in item (dd), by striking ``section
1a(12)(A)(ii) of this Act'' and inserting ``section
1a(10)(A)(ii)''.
(c) Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is
amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``or on
electronic trading facilities with respect to a
significant price discovery contract''; and
(B) in the second sentence, by striking ``or on an
electronic trading facility with respect to a
significant price discovery contract,'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``or electronic
trading facility with respect to a significant price
discovery contract''; and
(B) in paragraph (2), in the matter preceding the
proviso, by striking ``or electronic trading facility
with respect to a significant price discovery
contract''; and
(3) in subsection (e)--
(A) in the first sentence--
(i) in the matter preceding the proviso--
(I) by striking ``or by any
electronic trading facility'';
(II) by striking ``or on an
electronic trading facility''; and
(III) by striking ``or electronic
trading facility''; and
(ii) in the proviso, by striking ``or
electronic trading facility''; and
(B) in the second sentence, in the matter preceding
the proviso, by striking ``or electronic trading
facility with respect to a significant price discovery
contract''.
(d) Section 4g(a) of the Commodity Exchange Act (7 U.S.C. 6g(a)) is
amended by striking ``and in any significant price discovery contract
traded or executed on an electronic trading facility or''.
(e) Section 4i of the Commodity Exchange Act (7 U.S.C. 6i) is
amended--
(1) in the matter preceding paragraph (1), by striking ``or
any significant price discovery contract traded or executed on
an electronic trading facility''; and
(2) in the matter following paragraph (2), by striking ``or
electronic trading facility''.
(f) Section 5a of the Commodity Exchange Act (7 U.S.C. 7a) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (D)(ii), by inserting ``or''
after the semicolon at the end;
(B) in subparagraph (E), by striking ``; or'' and
inserting a period; and
(C) by striking subparagraph (F); and
(2) in subsection (g)--
(A) in the heading, by striking ``Election To Trade
Excluded and Exempt Commodities'' and inserting
``Excluded Securities''; and
(B) in paragraph (1)--
(i) by striking ``excluded or exempt
commodities other than'' and inserting
``commodities other than an agricultural
commodity enumerated in section 1a(4) or''; and
(ii) by striking ``, 2(d), or 2(g) of this
Act, or exempt under section 2(h) of this
Act''.
(g) Section 5b of the Commodity Exchange Act (7 U.S.C. 7a-1) is
amended--
(1) in subsection (a)(1), by striking ``section
2(a)(1)(C)(i), 2(c), 2(d), 2(f), or 2(g) of this Act or title
IV of the Commodity Futures Modernization Act of 2000, or
exempted under section 2(h) or 4(c) of this Act'' and inserting
``subsection (a)(1)(C)(i), (c), or (d) of section 2 or title IV
of the Commodity Futures Modernization Act of 2000 (Public Law
106-554; 114 Stat. 2763A457)''; and
(2) in subsection (b), by striking ``section 2(c), 2(d),
2(f), or 2(g) of this Act or title IV of the Commodity Futures
Modernization Act of 2000, or exempted under section 2(h) or
4(c) of this Act'' and inserting ``subsection (c) or (d) of
section 2 or title IV of the Commodity Futures Modernization
Act of 2000 (Public Law 106-554; 114 Stat. 2763A457)''.
(h) Section 5c of the Commodity Exchange Act (7 U.S.C. 7a-2) is
amended--
(1) in subsection (a)(1), by striking ``and section 2(h)(7)
with respect to significant price discovery contracts,'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``, derivatives
transaction execution facility, or electronic trading
facility with respect to a significant price discovery
contract'' and inserting ``or derivatives transaction
execution facility''; and
(B) in paragraphs (2) and (3), by striking ``,
derivatives transaction execution facility, or
electronic trading facility'' each place it appears and
inserting ``or derivatives transaction execution
facility''; and
(3) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ``or 2(h)(7)(C) with respect to a
significant price discovery contract traded or executed on an
electronic trading facility,''.
(i) Section 5e of the Commodity Exchange Act (7 U.S.C. 7b) is
amended by striking ``or revocation of the right of an electronic
trading facility to rely on the exemption set forth in section 2(h)(3)
with respect to a significant price discovery contract,''.
(j) Section 5f(b)(1) of the Commodity Exchange Act (7 U.S.C. 7b-
1(b)(1)) is amended in the matter preceding subparagraph (A), by
striking ``section 5f'' and inserting ``this section''.
(k) Section 6(b) of the Commodity Exchange Act (7 U.S.C. 8(b)) is
amended--
(1) in the first sentence--
(A) by striking ``or to revoke the right of an
electronic trading facility to rely on the exemption
set forth in section 2(h)(3) with respect to a
significant price discovery contract,''; and
(B) by striking ``or electronic trading facility'';
and
(2) in the second sentence, in the matter preceding the
proviso, by striking ``or electronic trading facility''.
(l) Section 12(e) of the Commodity Exchange Act (7 U.S.C. 16(e)) is
amended by striking paragraph (2) and inserting the following:
``(2) Effect.--This Act supersedes and preempts the
application of any State or local law that prohibits or
regulates gaming or the operation of bucket shops (other than
antifraud provisions of general applicability) in the case of
an agreement, contract, or transaction that is excluded from
this Act under--
``(A) subsection (c) or (d) of section 2; or
``(B) title IV of the Commodity Futures
Modernization Act of 2000 (Public Law 106-554; 114
Stat. 2763A457).''.
(m) Section 15(b) of the Commodity Exchange Act (7 U.S.C. 19(b)) is
amended by striking ``4(c) or''.
(n) Section 22(b)(1)(A) of the Commodity Exchange Act (7 U.S.C.
25(b)(1)(A)) is amended by striking ``by section 2(h)(7) or sections 5
through 5c'' and inserting ``under sections 5 through 5c''.
(o) Section 13106(b)(1) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 2 note; Public Law 110-246) is amended by striking
``section 1a(32)'' and inserting ``section 1a''. | Derivatives Trading Integrity Act of 2008 - Amends the Commodity Exchange Act to: (1) repeal the exemption or exclusion from regulation by the Commodity Futures Trading Commission (CFTC) of specified derivative transactions, swap transactions, and related electronic trading facilities; (2) restrict futures trading to contract markets or derivatives transaction execution facilities; and (3) abolish exempt boards of trade. | A bill to amend the Commodity Exchange Act to ensure that all agreements, contracts, and transactions with respect to commodities are carried out on a regulated exchange, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness Integrated Into Teaching
Kids Act'' or the ``FIT Kids Act''.
SEC. 2. AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM.
Subpart 10 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as
follows:
``Subpart 10--Physical Education
``SEC. 5501. SHORT TITLE.
``This subpart may be cited as the `Carol M. White Physical
Education Program'.
``SEC. 5502. PURPOSE.
``The purpose of this subpart is to award grants to initiate,
expand, and improve physical education programs for all kindergarten
through 12th-grade students.
``SEC. 5503. ALLOCATION OF FUNDS.
``(a) Grants to Local Educational Agencies and Community-Based
Organizations.--The Secretary shall use the funds made available to
carry out this subpart, except funds reserved under subsection (b) (if
any), to support grants to local educational agencies and community
based organizations under section 5504.
``(b) Grants to States.--Of the funds appropriated to carry out
this subpart for a fiscal year, the Secretary shall reserve 25 percent
of the amount by which such funds exceed $75,000,000 to award grants to
States, on a competitive basis, in accordance with section 5505.
``SEC. 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED
ORGANIZATIONS.
``(a) Authorization.--The Secretary is authorized to award grants
to local educational agencies and community-based organizations (such
as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young
Men's Christian Organization (YMCA) and Young Women's Christian
Organization (YWCA)) to pay the Federal share of the costs of
initiating, expanding, and improving physical education programs
(including after-school programs) for kindergarten through 12th-grade
students by--
``(1) providing equipment and support to enable students to
participate actively in physical education activities; and
``(2) providing funds for staff and teacher training and
education.
``(b) Program Elements.--A physical education program funded under
this section may provide for one or more of the following:
``(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
``(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
``(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that support a
lifelong healthy lifestyle.
``(4) Opportunities to develop positive social and
cooperative skills through physical activity participation.
``(5) Instruction in healthy eating habits and good
nutrition.
``(6) Opportunities for professional development for
teachers of physical education to stay abreast of the latest
research, issues, and trends in the field of physical
education.
``(c) Special Rule.--For the purpose of this section,
extracurricular activities, such as team sports and Reserve Officers'
Training Corps (ROTC) program activities, shall not be considered as
part of the curriculum of a physical education program assisted under
this section.
``(d) Applications.--
``(1) In general.--Each local educational agency or
community-based organization desiring a grant under this
section shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
``(2) Private school and home-schooled students.--An
application for funds under this section may provide for the
participation, in the activities funded under this section,
of--
``(A) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
``(B) home-schooled students, and their parents and
teachers.
``(e) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant under this
section, the administrator of the grant for the local educational
agency or community-based organization shall submit to the Secretary an
annual report that--
``(1) describes the activities conducted during the
preceding year; and
``(2) demonstrates that progress has been made toward
meeting State standards for physical education.
``(f) Administrative Expenses.--Not more than 5 percent of the
grant funds made available to a local educational agency or community-
based organization under this section for any fiscal year may be used
for administrative expenses.
``(g) Federal Share.--The Federal share under this section may not
exceed--
``(1) 90 percent of the total cost of a program for the
first year for which the program receives assistance under this
section; and
``(2) 75 percent of such cost for the second and each
subsequent such year.
``(h) Proportionality.--To the extent practicable, the Secretary
shall ensure that grants awarded under this section shall be equitably
distributed among local educational agencies and community-based
organizations serving urban and rural areas.
``(i) Report to Congress.--Not later than 2 years after the
Secretary awards the first grant under this section, the Secretary
shall submit a report to Congress that--
``(1) describes the programs assisted under this section;
``(2) documents the success of such programs in improving
physical fitness; and
``(3) makes such recommendations as the Secretary
determines appropriate for the continuation and improvement of
the programs assisted under this section.
``SEC. 5505. GRANTS TO STATES.
``(a) Authorization.--Subject to the availability of funds
described in section 5503, the Secretary is authorized to award grants
to States to implement comprehensive programs that address the purpose
of this subpart. Such programs shall be based on--
``(1) scientifically valid research, to the extent
feasible; and
``(2) an analysis of need that considers, at a minimum, the
indicators in the State's measurement system described in
subsection (e).
``(b) Application.--A State that desires to receive a grant under
this section shall submit an application at such time, in such manner,
and containing such information as the Secretary may require. At a
minimum, the application shall include--
``(1) an analysis of the needs of the schools and students
in the State in the areas of physical activity, physical
education, fitness, and nutrition, which shall include a
description of, and data measuring, conditions of the State in
the areas of physical activity, physical education, fitness,
and nutrition;
``(2) a plan for improving the physical activity, physical
education, fitness, and nutrition of students in the State,
which may be part of a broader statewide child and youth plan
if the plan proposes to implement activities responsive to the
results of the needs analysis described in paragraph (1); and
``(3) a description of how the State will--
``(A) develop, adopt, adapt, or implement the
State's measurement system described in subsection (e),
and how the State will ensure that all local
educational agencies and schools in the State
participate in such system;
``(B) ensure the quality and validity of the
State's procedures for collecting the data needed to
implement that measurement system;
``(C) coordinate the proposed activities with other
Federal and State programs, which may include programs
to expand learning time and for before- and after-
school programming;
``(D) assist local educational agencies in aligning
the activities such agencies carry out under this
section with funds from other sources in order to
support a coherent and nonduplicative program; and
``(E) solicit and approve applications for
subgrants under subsection (g), including how the State
will--
``(i) consider the results of the analysis
described in paragraph (1) in the State's
distribution of subgrants; and
``(ii) address the needs of diverse
geographic areas in the State, including rural
and urban communities.
``(c) Reservation of Funds.--A State that receives a grant under
this section shall--
``(1) reserve not more than 5 percent of the grant funds
for administration of the program implemented with such grant,
technical assistance, professional development of teachers, and
the development, improvement, and implementation of the State's
measurement system, as described in subsection (e); and
``(2) use the remainder of grant funds to award subgrants,
on a competitive basis, to eligible local applicants.
``(d) State Activities.--A State that receives a grant under this
section shall--
``(1) establish a statewide physical education requirement
that is consistent with widely recognized standards;
``(2) not later than 1 year after receipt of the grant,
develop, adapt, improve, or adopt and implement the statewide
measurement system described in subsection (e) (unless the
State can demonstrate, to the satisfaction of the Secretary,
that an appropriate system has already been implemented) that
annually measures the progress of each local educational agency
in the State on the measures described in that subsection;
``(3) not later than 18 months after receipt of the grant
and annually thereafter, provide a public report to local
educational agencies in the State on the data collected in the
State's measurement system described in subsection (e), in a
timely and highly accessible manner, and in a manner that does
not reveal personally identifiable information of students;
``(4) award subgrants, consistent with subsection (g), to
eligible local applicants;
``(5) use the results of the data collected in the
measurement system described in subsection (e) to help
subgrantees identify and address school and student needs;
``(6) provide professional development that is directly
related to the fields of physical education and health
education to physical education teachers and health education
teachers to help ensure that children are leading healthy,
active lifestyles that are conducive to effective learning; and
``(7) monitor subgrants and provide technical assistance to
subgrantees on the implementation of subgrant activities.
``(e) Measurement System.--Each State that receives a grant under
this section shall establish a State reporting and information system
that is, to the extent practicable, part of the State's statewide
longitudinal data system and with the State's system for reporting the
data required under section 1111 and that measures conditions at the
local educational agency level related to physical fitness, physical
education, student health, and nutrition, including information on--
``(1) the amount of time students spend in required
physical education and the amount of time they spend in
moderate to vigorous physical activity;
``(2) whether a local educational agency has a required,
age-appropriate physical education curriculum for all students
that adheres to State standards and to national guidelines
adopted by the Centers for Disease Control and Prevention;
``(3) the number of physical education teachers employed by
the local educational agency who are State-licensed or State-
certified as physical education teachers, and the number of
physical education teachers who are not so licensed or
certified;
``(4) the number of schools operated by the local
educational agency that have (and the number that do not have)
a school health council that--
``(A) includes parents, students, representatives
of the school food authority, representatives of the
school board, school administrators, and members of the
public; and
``(B) meets at least monthly to promote a healthy
school environment; and
``(5) the number of square feet of facilities
(disaggregated by indoor and outdoor facilities) under the
control or use of the agency that are primarily used for
physical education and the number of square feet (so
disaggregated) that are primarily used for other physical
activity.
``(f) Compiling Statistics.--In compiling the statistics required
pursuant to subsection (e)--
``(1) the State shall ensure use of uniform definitions and
data collection procedures for all local educational agencies
statewide;
``(2) the State shall collect the data required under
subsection (e) at least annually; and
``(3) the State and its subgrantees shall use the data for
planning and continuous improvement of activities implemented
under this section, and subgrantees may collect data for
indicators that are locally defined, and that are not reported
to the State, to meet local needs (so long as such indicators
are aligned with the objectives of this section).
``(g) Subgrants to Eligible Local Applicants.--
``(1) Subgrants.--A State that receives a grant under this
section shall award subgrants, on a competitive basis, to
eligible local applicants--
``(A) based on need, as identified by the State's
measurement system described in subsection (e);
``(B) that are of sufficient size and scope to
enable such applicants to carry out approved
activities; and
``(C) to implement programs that are comprehensive
in nature and that promote physical activity, physical
education, fitness, and nutrition.
``(2) Applications.--An eligible local applicant that
desires to receive a subgrant under this subsection shall
submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
``(3) Priority.--In awarding subgrants under this
subsection, a State shall give priority to applications that--
``(A) demonstrate the greatest need according to
the results identified by the State's measurement
system described in subsection (e); and
``(B) propose to serve schools with the highest
concentrations of poverty, based on the percentage of
students receiving or eligible to receive a free or
reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(4) Activities of subgrantees.--Each recipient of a
subgrant under this subsection shall, for the duration of the
subgrant--
``(A) carry out programs to promote physical
activity, physical education, fitness, and nutrition--
``(i) the need for which has been
identified through the State's measurement
system described in subsection (e); and
``(ii) that are part of a comprehensive
strategy or framework to address such need;
``(B) ensure that each framework, intervention, or
program selected to be implemented through the subgrant
be based, if feasible, on scientifically valid research
and be used for the purpose for which such framework,
intervention, or program was found to be effective;
``(C) collect and report to the State educational
agency data for schools served by the subgrantee, in a
manner consistent with the State's measurement system,
described in subsection (e);
``(D) establish policies to expand access to
quality physical activity opportunities, including
local school wellness policies consistent with the
requirements of section 9A of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758b); and
``(E) consider and accommodate the unique needs of
students with disabilities and English learners in
implementing activities.
``(h) Annual State Report.--Each State that receives a grant under
this section shall prepare and submit an annual report to the Secretary
on the use of funds under this section.
``SEC. 5506. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or local funds
available for physical education activities.''. | Fitness Integrated Into Teaching Kids Act or the FIT Kids Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize and amend the Carol M. White Physical Education Program. The program is administered by the Department of Education (ED) and awards grants to local educational agencies, community-based organizations, and states to initiate, expand, and improve physical education programs for kindergarten through 12th grade students. Of the funds appropriated for the program, ED must reserve a portion to award competitive grants for states to implement comprehensive programs based on: (1) scientifically valid research, and (2) an analysis of need that considers indicators in a state system measuring conditions related to physical fitness, physical education, student health, and nutrition. A state applying for a competitive grant must submit: (1) an analysis of needs in the areas of physical activity, physical education, fitness, and nutrition; (2) a plan for improvement; and (3) a description of how the state will implement a measurement system, coordinate with other state and federal programs, assist local educational agencies, and award subgrants. States receiving competitive grants must: (1) reserve no more than 5% of the funds for administration, technical assistance, professional development for teachers, and a measurement system; and (2) use the remaining funds for competitive subgrants. States receiving grants must also: establish a statewide physical education requirement, implement a measurement system, provide a public report including data from the measurement system, award subgrants using specified criteria, use the measurement system to assist subgrantees in addressing needs, provide professional development for teachers, and monitor subgrants. | FIT Kids Act |
SECTION 1. PRIVACY AND DATA PROTECTION POLICIES OF FEDERAL AGENCIES.
(a) Short Title.--This Act may be cited as the ``Federal Privacy
and Data Protection Policy Act of 2002''.
(b) Definitions.--In this Act, the term ``agency'' has the meaning
given that term under section 551(1) of title 5, United States Code.
(c) Findings.--Congress finds that--
(1) in the wake of the attacks on the United States on
September 11, 2001, Federal agencies are collecting an
increasing amount of personal information from and on
individuals as part of the expanded war on terrorism;
(2) the worthwhile goals of those data collection
initiatives are to help ensure homeland security and protect
the people of the United States from future acts of terrorism;
(3) protecting homeland security and fighting terrorism
requires not only seeking to protect lives and property in the
United States, but also ensuring that individual rights and
essential liberties are safeguarded;
(4) in order to achieve these goals, it is essential that
agencies properly manage, maintain, and secure personal
information on people in the United States from inappropriate
use, disclosure, or dissemination to third parties;
(5) because of the leading role of the Federal Government
in the expanded war on terrorism, the Federal Government should
serve as a role model for State and local government, and the
private sector, by establishing effective safeguards and
procedures to protect personal data of people in the United
States;
(6) in order to ensure that people in the United States
understand and have confidence in the proper use and safety of
personal information, it is essential for agencies to implement
effective privacy policies and procedures and to state those
privacy policies, both online and offline; and
(7) an essential part of ensuring that the people in the
United States have full confidence in the privacy and security
of personal information is to--
(A) have agencies confirm adherence by those
agencies to the stated policies; and
(B) have independent, third party review, and
confirmation of adherence.
(d) Purpose.--The purpose of this Act is to provide a framework for
ensuring effective data and privacy management by Federal agencies to--
(1) ensure public confidence and trust in how agencies
collect, maintain, and use personal information;
(2) ensure continued adherence to data protection and
privacy policies and procedures;
(3) ensure that individual rights and essential liberties
are protected; and
(4) provide for effective oversight of the collection and
use of individual information.
(e) Privacy Manager.--
(1) In general.--Each agency shall designate an employee of
that agency as the agency privacy manager to--
(A) be responsible for effective data protection
and management within that agency; and
(B) ensure compliance with the privacy and data
security policies.
(2) Additional responsibilities.--Each privacy manager
shall be responsible for--
(A) training and education for employees to promote
awareness of and compliance with the privacy and data
security policies; and
(B) developing recommended practices and procedures
to ensure compliance with the privacy and data security
policies.
(f) Benchmark Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each agency shall conduct a detailed
benchmark assessment of the privacy and data protection
policies and practices of that agency with regard to the
collection, use, sharing, disclosure, transfer, and security of
personally identifiable information relating to the agency
employees and the public. Such practices shall be accurately
and clearly stated in written policies governing the data
collection and use practices of the agency, both online and
offline.
(2) Content.--At a minimum, each benchmark assessment shall
determine and state--
(A) the personally identifiable information the
agency collects on--
(i) employees of the agency; and
(ii) members of the public;
(B) any purpose for which the personally
identifiable information is collected;
(C) any notice given to individuals regarding the
collection and use of personal information, relating to
that individual;
(D) any access given to individuals to review,
amend, correct, supplement, or delete personal
information relating to that individual;
(E) whether or not consent is obtained from an
individual before personally identifiable information
is collected, used, transferred, or disclosed and any
method used to obtain consent;
(F) the policies and practices of the agency for
the security of personally identifiable information;
(G) the policies and practices of the agency for
the proper use of personally identifiable information;
(H) the training and education procedures of the
agency to adequately train personnel on agency policies
and procedures for privacy and data protection;
(I) the policies and procedures of the agency for
monitoring and reporting violations of privacy and data
protection policies; and
(J) the policies and procedures of the agency for
assessing the impact of technologies on the stated
privacy and security policies.
(g) Recording.--A written report of each benchmark assessment shall
be prepared and recorded with the Inspector General of the agency to
serve as a benchmark for the data protection and privacy practices and
policies of the agency. Each benchmark assessment shall be signed by
the agency privacy manager, verifying that the agency is in good faith
compliance with the policies and practices stated in the benchmark
assessment.
(h) Independent, Third-Party Review.--
(1) In general.--At least every 3 years, each agency shall
have performed an independent, third-party review of the
privacy and data protection practices of the agency to--
(A) determine the effectiveness of the privacy and
data protection policies, practices, and procedures;
and
(B) ensure compliance with the stated privacy
policy of the agency.
(2) Purposes.--The purposes of reviews under this
subsection are to--
(A) measure privacy and data protection practices
against the original benchmark assessment of the
agency;
(B) ensure compliance and consistency with both
online and offline stated privacy policies; and
(C) provide agencies with ongoing awareness and
recommendations regarding privacy and data protection
practices.
(3) Requirements of review.--The Inspector General of each
agency shall contract with an independent, third party that is
a recognized leader in privacy consulting, privacy technology,
and data collection and use management to--
(A) evaluate the privacy and data protection
practices of the agency; and
(B) recommend strategies and specific steps to
improve privacy and data protection management.
(4) Content.--Each review under this subsection shall
include--
(A) a review of the original benchmark assessment
concerning the privacy and data protection practices of
the agency with regard to the collection, use, sharing,
disclosure, transfer, and security of personally
identifiable information relating to agency employees
and the public;
(B) a detailed review of the current offline
privacy and data protection practices of the agency
with regard to the collection, use, sharing,
disclosure, transfer, and security of personally
identifiable information of the employees of the agency
and the public to check for compliance with the
original benchmark assessment, especially concerning
whether those practices are accurately reflected in the
written policies of the agency; and
(C) a detailed electronic scan of any website of
the agency with a technology product that alerts an
agency to the privacy vulnerabilities on that web page,
including--
(i) possible noncompliance with the
benchmark assessment;
(ii) whether the privacy and data
protection practices of the agency comply to
the written privacy policy of the agency; and
(iii) whether there are any risks for
inadvertent release of personally identifiable
information from the website of the agency.
(5) Restrictions to avoid conflict of interest.--An
independent contractor that has substantial business with an
agency may not perform a review under this subsection for that
agency.
(6) Report.--Upon completion of a review, the Inspector
General of an agency shall submit to the head of that agency a
detailed report on the review, including recommendations for
improvements or enhancements to privacy and data protection
practices of the agency.
(i) Internet Availability.--Each agency shall make each agency
benchmark assessment, each independent third party review, and each
report of the Inspector General relating to that review available to
the public on the website of the agency. | Federal Privacy and Data Protection Policy Act of 2002 - Requires each Federal agency to designate an employee as privacy manager to: (1) be responsible for data protection and management within that agency; (2) ensure compliance with the privacy and data security policies; and (3) be responsible for training and educating employees about such policies and developing practices and procedures to ensure compliance.Requires each agency to conduct and record with its Inspector General a benchmark assessment of privacy and data protection policies and practices for the collection, use, sharing, disclosure, transfer, and security of personally identifiable information relating to employees and the public.Requires each agency to perform an independent, third-party review of privacy and data protection practices every three years to: (1) determine the effectiveness of policies, practices, and procedures; and (2) ensure compliance with its stated privacy policy.Requires each Inspector General to: (1) contract with an independent, third party to evaluate privacy and data protection policies and recommend strategies and steps to improve privacy and data protection management; and (2) report to the head of the agency on such review.Requires agencies to make such assessments, reviews, and Inspector General reports available to the public on their websites. | A bill to provide for an agency assessment, independent review, and Inspector General report on privacy and data protection policies of Federal agencies, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Servicemembers
Protection Act''.
SEC. 2. TERMINATION OR SUSPENSION BY SERVICEMEMBERS OF CERTAIN SERVICE
CONTRACTS ENTERED INTO BEFORE PERMANENT CHANGE OF STATION
OF DEPLOYMENT ORDERS.
(a) Termination.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended--
(1) by redesignating section 308 as section 309; and
(2) by inserting after section 307 the following new
section 308:
``SEC. 308. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.
``(a) Termination by Servicemember.--A person in military service
who is party to a contract described in subsection (b) may, at the
person's option, terminate or suspend the contract at any time after--
``(1) the date of the entry of the person into military
service; or
``(2) the date of the military orders of the person
described in subsection (b)(2), as the case may be.
``(b) Covered Contracts.--This section applies to a contract for
cellular phone service, cable or satellite television service, internet
service, automobile insurance, water, electricity, oil, gas, telephone,
or other utility, if--
``(1) the contract is executed by or on behalf of a person
(or the dependent of a person) who thereafter and during the
term of the contract enters military service (or receives
orders to enter military service) under a call or order
specifying a period of not less than 90 days (or who enters
military service under a call or order specifying a period of
90 days or less and who, without a break in service, receives
orders extending the period of military service to a period of
not less than 90 days); or
``(2) the person enters into the contract while in military
service and thereafter receives military orders--
``(A) for a change of permanent station--
``(i) from a location in the continental
United States to a location outside the
continental United States; or
``(ii) from a location in a State outside
the continental United States to any location
outside that State; or
``(B) to deploy with a military unit, or as an
individual in support of a military operation, for a
period of not less than 180 days.
``(c) Manner of Termination.--
``(1) In general.--Termination of a contract under
subsection (a) is made by delivery by the person in military
service of written notice of such termination, and a copy of
the servicemember's military orders, to the other party to the
contract (or to that party's grantee or agent).
``(2) Nature of notice.--Delivery of notice under paragraph
(1) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier;
``(C) by facsimile; or
``(D) by placing the written notice in an envelope
with sufficient postage and with return receipt
requested, and addressed as designated by the party to
be notified (or that party's grantee or agent), and
depositing the written notice in the United States
mails.
``(d) Date of Contract Termination.--Termination or suspension of a
service contract under subsection (a) is effective as of the date on
which the notice under subsection (c) is delivered.
``(e) Arrearages and Other Obligations and Liabilities.--Contract
amounts unpaid for the period preceding the effective date of the
contract termination shall be paid on a prorated basis. The other party
to the contract may not impose an early termination or suspension
charge, but any tax or any other obligation or liability of the person
in military service that, in accordance with the terms of the contract,
is due and unpaid at the time of termination of the contract shall be
paid by the person in military service.
``(f) Fees Paid in Advance.--A fee or amount paid in advance for a
period after the effective date of the termination of the contract
shall be refunded to the person in military service by the other party
(or that party's grantee or agent) within 30 days of the effective date
of the termination of the contract.
``(g) Relief to Other Party.--Upon application by the other party
to the contract to a court before the termination date provided in the
written notice, relief granted by this section to a person in military
service may be modified as justice and equity require.
``(h) Penalties.--
``(1) Misdemeanor.--Any person who knowingly seizes, holds,
or detains the personal effects, funds, or other property of a
person in military service (or of a dependent of a person in
military service) who lawfully terminates a contract covered by
this section shall be fined as provided in title 18, United
States Code, imprisoned for not more than one year, or both.
``(2) Preservation.--The remedy and rights provided under
this section are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under law to the
person claiming relief under this section, including any award
for consequential or punitive damages.
``(i) Equitable Relief.--
``(1) In general.--In addition to any other remedy
available under law, if a person in military service has reason
to believe that another party to a contract has violated or is
violating this section, the person in military service may--
``(A) bring an action to enjoin the violation in
any appropriate United States district court or in any
other court of competent jurisdiction; or
``(B) bring an action in any appropriate United
States district court or in any other court of
competent jurisdiction to recover--
``(i) damages for which the other party is
liable to the person in military service under
this section; and
``(ii) additional damages of not more than
$10,000 for each willful or negligent violation
of this section.
``(2) Attorney fees.--If a person in military service is
awarded damages under an action described under paragraph (1),
the person shall be awarded, in addition, the costs of the
action and reasonable attorney fees, as determined by the
court.
``(j) Military Order.--For the purposes of this section, the term
`military orders', with respect to a servicemember, means official
military orders, or any notification, certification, or verification
from the servicemember's commanding officer, with respect to the
servicemember's current or future military duty status.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 308 and
inserting after the item relating to section 307 the following new
items:
``Sec. 308. Termination or suspension of service contracts.
``Sec. 309. Extension of protections to dependents.''.
SEC. 3. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207 of such Act (50 U.S.C. App. 527) is amended by adding
at the end the following new subsection:
``(e) Penalty.--Any person who knowingly violates subsection (a)
shall be fined in accordance with in title 18, United States Code,
imprisoned for not more than one year, or both.
``(f) State Action.--
``(1) Authority.--In addition to such other remedies as are
provided under State law, if the chief law enforcement officer
of a State, or an official or agency designated by a State, has
reason to believe that any person or organization has violated
or is violating this section, the chief law enforcement officer
may--
``(A) may bring an action to enjoin such violation
in any appropriate United States district court or in
any other court of competent jurisdiction; and
``(B) may bring an action on behalf of the
residents of the State to recover--
``(i) damages for which the creditor is
liable to such residents under this section as
a result of the violation; and
``(ii) damages of not more than $10,000 for
each willful or negligent violation.
``(2) Notice to attorney general; rights of federal
government.--The chief law enforcement officer of a State shall
serve upon the Attorney General or the appropriate official of
the Federal Government prior written notice of any action under
paragraph (1) and provide a copy of any complaint in such
action, except in any case in which such prior notice is not
feasible, in which case the chief law enforcement officer shall
serve such notice immediately upon instituting such action. The
Attorney General or appropriate official of the Federal
Government shall have the right to--
``(A) intervene in the action;
``(B) upon so intervening, be heard on all matters
arising therein;
``(C) remove the action to the appropriate United
States district court; and
``(D) file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection
prevents a chief law enforcement officer of a State, or an
official or agency designated by a State, from exercising the
powers conferred on the chief law enforcement officer or such
official by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the attendance
of witnesses or the production of documentary and other
evidence.
``(g) Rights of Servicemembers.--
``(1) Equitable relief.--
``(A) In general.--In addition to any other
remedies as are provided under Federal or State law, if
a servicemember has reason to believe that a creditor
has violated or is violating this section, the
servicemember may--
``(i) bring an action to enjoin such
violation in any appropriate United States
district court or in any other court of
competent jurisdiction; and
``(ii) bring an action to recover--
``(I) damages equal to the amount
of the interest charged in violation of
this section (plus interest) for which
the creditor is liable to the
servicemember under this section as a
result of the violation; and
``(II) damages of not more than
$10,000 for each willful or negligent
violation.
``(B) Determination of number of violations.--In
determining the number of violations by a creditor for
which a penalty shall be imposed under subsection
(f)(1)(B)(ii) or (g)(1)(B)(ii), the court shall count
as a single violation each obligation or liability of a
servicemember with respect to which--
``(i) the servicemember properly provided
to the creditor written notice and a copy of
the military orders calling the servicemember
to military service and any orders further
extending military service under subsection
(b); and
``(ii) the creditor failed to treat in
accordance with subsection (a).
``(2) Attorney fees.--If a servicemember is awarded damages
under an action described under paragraph (1), the
servicemember shall be awarded, in addition, the costs of the
action and reasonable attorney fees, as determined by the
court.
``(h) Preservation of Other Remedies.--The rights and remedies
provided under subsections (f) and (g) are in addition to and do not
preclude any other remedy available under law to a person claiming
relief under this section, including any award for consequential or
punitive damages.''. | 21st Century Servicemembers Protection Act - Amends the Servicemembers Civil Relief Act to allow individuals called to military service to terminate or suspend a service contract, after the date of entry into service or the date of the military orders, if: (1) the service contract (such as phone, cable, Internet, or utilities) is executed before the individual is called to service for a period of at least 90 days; or (2) the person enters into the contract while in military service and thereafter receives orders for a change of permanent station to a location outside the United States, or to deploy with a military unit for a period of at least 180 days.
Provides penalties against anyone who: (1) holds property or funds of a person in military service who lawfully terminates a contract; or (2) violates the 6% limit on interest rates charged to servicemembers during a period of military service. | To amend the Servicemembers Civil Relief Act to allow individuals called to military service to terminate or suspend certain service contracts entered into before the individual receives notice of a permanent change of station or deployment orders and to provide penalties for violations of interest rate limitations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vested Worker Protection Act of
2002''.
SEC. 2. SAFE HARBOR IN EVENT OF REDUCTION IN FUTURE BENEFIT ACCRUALS
WHERE PLAN PROVIDES NOTICE AND ELECTION TO CONTINUE
BENEFIT ACCRUALS UNDER FORMER PLAN INSTEAD OF AMENDED
PLAN.
(a) In General.--Paragraph (1) of section 411(b) of the Internal
Revenue Code of 1986 (relating to defined benefit plans) is amended by
adding at the end the following new subparagraph:
``(I) Safe harbor upon reduction in future benefit
accruals.--
``(i) In general.--An applicable pension
plan that adopts an amendment which has the
effect of reducing the rate of future benefit
accrual of 1 or more participants shall be
treated as not meeting the requirements of this
paragraph unless such plan provides each
participant who is, as of the date of the
adoption of the plan amendment, a fully vested
participant with--
``(I) written notice which meets
the requirements of section 4980F, and
``(II) an election to continue to
accrue benefits under such plan,
determined under the terms of such plan
as in effect immediately before the
effective date of such plan amendment.
``(ii) Protected accrued benefit.--For
purposes of clause (i), an accrued benefit
shall include any early retirement benefit or
retirement-type subsidy (within the meaning of
subsection (d)(6)(B)(i)), but only with respect
to a participant who satisfies (either before
or after the effective date of the amendment)
the conditions for the benefit or subsidy under
the terms of the plan as in effect immediately
before such date.
``(iii) Timing of election.--Except as
provided in regulations, the election required
by clause (i)(II) shall be provided at least 90
days before the effective date of the
amendment.
``(iv) Exemption upon showing of distress
criteria.--This subparagraph shall not apply
with respect to any plan amendment if the plan
sponsor, prior to the date of the adoption of
the amendment, demonstrates to the satisfaction
of the Secretary that, under regulations of the
Secretary, requirements--
``(I) applicable with respect to
the adoption of the plan amendment, and
``(II) similar to the requirements
of clause (i), (ii), or (iii) of
section 4041(c)(2)(B) of the Employee
Retirement Income Security Act of 1974
applicable with respect to a distress
termination,
are met by each employer required (under the
terms of the plan as in effect immediately
before the adoption of the plan amendment) to
make contributions under the plan.
``(v) Fully vested participant.--For
purposes of this subparagraph, the term `fully
vested participant' means a participant who
under the plan has a nonforfeitable right to
the participant's entire accrued benefit.
``(vi) Applicable pension plan.--The term
`applicable pension plan' means--
``(I) a defined benefit plan, or
``(II) an individual account plan
which is subject to the funding
standards of section 412,
which had 100 or more active participants who
had accrued a benefit under the plan (whether
or not vested) as of the last day of the plan
year preceding the plan year in which the plan
amendment becomes effective. Such term shall
not include any governmental plan (within the
meaning of section 414(d)) or any church plan
(within the meaning of section 414(e)) with
respect to which the election provided by
section 410(d) has not been made.''.
(b) Excise Tax on Failure To Offer Election.--
(1) In general.--Chapter 43 of subtitle D of the Internal
Revenue Code of 1986 (as amended by section 2 of this Act) is
amended further by adding at the end the following new section:
``SEC. 4980G. FAILURE TO OFFER ELECTION TO CONTINUE BENEFIT ACCRUALS
UNDER FORMER APPLICABLE PENSION PLAN IN EVENT OF
REDUCTIONS IN FUTURE BENEFIT ACCRUALS.
``(a) Imposition of Tax.--There is hereby imposed a tax on the
failure of any applicable pension plan to meet the requirements of
subsection (d).
``(b) Amount of Tax.--
``(1) In general.--The amount of the tax imposed by
subsection (a) shall be 50 percent of the lesser of--
``(A) the reduction in the future employer benefit
cost for the plan attributable to the plan amendment
referred to in subsection (d) (determined, as provided
in regulations of the Secretary, as of the date of the
adoption of such plan amendment), or
``(B) the amount of the excess pension assets in
such plan, determined as of the effective date of the
amendment.
``(2) Future employer benefit cost.--For purposes of
paragraph (1)(A), the term `future employer benefit cost' for a
plan means the present value of future accruals, by current
participants and beneficiaries, of benefits derived from
employer contributions (within the meaning of section
411(c)(1)).
``(3) Excess pension assets.--For purposes of paragraph
(1), the term `excess pension assets' has the meaning given to
such term by section 420(e)(2).
``(c) Liability for Tax.--The following shall be liable for the tax
imposed by subsection (a):
``(1) In the case of a plan other than a multiemployer
plan, the employer.
``(2) In the case of a multiemployer plan, the plan.
For purposes of the preceding sentence, all multiemployer plans of
which the same trust forms a part shall be treated as 1 plan. For
purposes of this paragraph, if not all persons who are treated as a
single employer for purposes of this section have the same taxable
year, the taxable years taken into account shall be determined under
principles similar to the principles of section 1561.
``(d) Election To Continue Benefit Accruals Under Former Applicable
Pension Plan In Event of Reductions in Future Benefit Accruals.--In the
case that an applicable pension plan adopts an amendment which has the
effect of reducing the rate of future benefit accrual of 1 or more
participants, the requirements of this subsection are met if the plan
administrator provides each fully vested participant with--
``(1) written notice which meets the requirements of
section 4980F, and
``(2) an election to continue to accrue benefits under such
plan, determined under the terms of such plan as in effect
immediately before the effective date of such plan amendment.
``(e) Timing of Election.--Except as provided in regulations, the
election required by subsection (d) shall be provided at least 90 days
before the effective date of such amendment.
``(f) Protected Accrued Benefit.--For purposes of this section, an
accrued benefit shall include any early retirement benefit or
retirement-type subsidy (within the meaning of section
411(d)(6)(B)(i)), but only with respect to a participant who satisfies
(either before or after the effective date of the amendment) the
conditions for the benefit or subsidy under the terms of the plan as in
effect immediately before such date.
``(g) Exemption upon Showing of Distress Criteria.--This section
shall not apply with respect to any plan amendment if the plan sponsor,
prior to the date of the adoption of the amendment, demonstrates to the
satisfaction of the Secretary that, under regulations of the Secretary,
requirements--
``(1) applicable with respect to the adoption of the plan
amendment, and
``(2) similar to the requirements of clause (i), (ii), or
(iii) of section 4041(c)(2)(B) of the Employee Retirement
Income Security Act of 1974 applicable with respect to a
distress termination,
are met by each employer required (under the terms of the plan as in
effect immediately before the adoption of the plan amendment) to make
contributions under the plan.
``(h) Definitions.--For purposes of this section--
``(1) Applicable pension plan.--The term `applicable
pension plan' means--
``(A) a defined benefit plan, or
``(B) an individual account plan which is subject
to the funding standards of section 412,
which had 100 or more active participants who had
accrued a benefit under the plan (whether or not
vested) as of the last day of the plan year preceding
the plan year in which the plan amendment becomes
effective. Such term shall not include any governmental
plan (within the meaning of section 414(d)) or any
church plan (within the meaning of section 414(e)) with
respect to which the election provided by section
410(d) has not been made.
``(2) Fully vested participant.--The term `fully vested
participant' means a participant who has under the plan a
nonforfeitable right to the participant's entire accrued
benefit.''.
(2) Clerical amendment.--The table of sections for chapter
43 of subtitle D of such Code (as amended by section 2 of this
Act) is amended further by adding at the end the following new
item:
``Sec. 4980G. Failure to offer election to continue benefit accruals
under former applicable pension plan in
event of reductions in future benefit
accruals.''.
SEC. 3. EFFECTIVE DATES.
(a) In General.--The amendments made by this Act shall apply to
plans and plan amendments taking effect after 60 days after the date of
the enactment of this Act.
(b) Special Rule.--The period for providing any notice required by
the amendments made by this Act shall not end before the date which is
90 days after the date of the enactment of this Act. | Vested Worker Protection Act of 2002 - Amends the Internal Revenue Code to mandate that an "applicable pension plan" adopting any amendment that reduces rates of future benefits provide: (1) written notice meeting certain requirements to participants; and (2) that the participants be offered the chance to elect to continue to accrue benefits under the terms in effect immediately before the amendment. Defines "accrued benefit" as an early retirement benefit or retirement-type subsidy meeting certain standards. Defines "applicable pension plan" as a defined benefit plan or an individual account plan with at least 100 active participants meeting certain funding standards and other restrictions.Requires plans to inform participants of the option of staying under the old terms at least 90 days before the effective date of the amendment. Exempts a plan from the above requirements if its sponsor can show the Secretary of the Treasury that each employer contributing to the plan meets certain distress termination conditions under regulations of the Secretary.Imposes an excise tax on plans that adopt amendments decreasing benefits and do not let participants elect to continue to accrue benefits under the old terms. Makes the plan liable for such tax in the case of a multiemployer plan, and the employer liable in any other case. | To amend the Internal Revenue Code of 1986 to prohibit pension plan amendments reducing the rate of future benefit accrual, subject to a safe harbor where the plan provides notice of the amendment and an election to continue benefit accruals under the former plan instead of the amended plan. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing Excellent Teachers Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The shortage of qualified teachers in the United States
has reached critical levels.
(2) Education experts predict that over the next decade,
the United States will need more than 2 million new teachers.
(3) In urban districts, nearly 50 percent of new teachers
leave teaching during their first five years.
(4) These numbers have a direct impact on the quality of
the education of the children of the United States.
SEC. 3. GRANTS FOR TEACHER MENTORING PROGRAMS.
(a) Authority to Make Grants.--The Secretary of Education may make
grants in accordance with subsections (d) and (e) to States and local
educational agencies to assist such States and agencies, in cooperation
with universities and colleges in accordance with subsection (b), to
establish and support teacher mentoring programs in schools for the
purpose of attracting and training teachers of exceptional ability who
are mid-career professionals or recent college graduates.
(b) Eligibility to Participate in Program.--To be eligible to
participate in a teacher mentoring program under this section, a mid-
career professional or recent college graduate shall be enrolled in a
masters degree program in education or teaching in a university or
college that--
(1) has entered into a written agreement relating to such
program with the State or local educational agency that is the
recipient of a grant under this section;
(2) is located in such State or local educational agency;
and
(3) is accredited by the Council of Higher Education
Accreditation and the accrediting agency in the State, if any.
(c) Practical Experience.--
(1) In general.--A mid-career professional or recent
college graduate who participates in a teacher mentoring
program shall, under the supervision of an experienced mentor
teacher, complete not fewer than ten months teaching a class
containing not more than 30 students and not fewer than 10
students in a school chosen by the State or local educational
agency that is the recipient of a grant under this section.
(2) Experienced mentor teacher defined.--In this
subsection, the term ``experienced mentor teacher'' means a
teacher who--
(A) has at least five years teaching experience
teaching in a school in the State or local educational
agency that is the recipient of a grant under this
section; and
(B) has a masters degree in education or teaching.
(d) Teacher Certification.--As a condition of receiving a grant
under this section, a university or college shall award to a mid-career
professional or recent college graduate who successfully completes a
teacher mentoring program a teacher certification that is valid in the
State or local educational agency in which such university or college
is located.
(e) Amount, Number, and Distribution of Grants.--
(1) Amount.--A grant under this section shall be in an
amount that is 50 percent of the cost of establishing and
supporting a teacher mentoring program in a State or local
educational agency, but such grant may not exceed $2,500,000.
(2) Number.--The Secretary may not make more than ten such
grants each fiscal year, beginning with fiscal year 2007.
(3) Distribution.--A State or local educational agency may
receive not more than two grants each fiscal year.
(f) Duration of Program.--A teacher mentoring program under this
section shall be for a period of one academic year.
(g) Agreement With Teachers for Placement in a School.--A mid-
career professional or recent college graduate who successfully
completes a teacher mentoring program under this section shall agree in
writing to placement as a teacher in a school chosen by the State or
local educational agency. Such placement shall be for a period of five
academic years beginning with the academic year that begins after the
successful completion by such professional or graduate in the teacher
mentoring program.
(h) Application.--To receive a grant under this section, a State or
local educational agency shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may prescribe.
(i) Competitive Basis for Selection.--The Secretary shall award
grants to States and local educational agencies on a competitive basis.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $25,000,000 for each of fiscal years 2007
through 2011 to carry out this section. Amounts appropriated are
authorized to remain available until expended, and may be used by the
Secretary to make additional grants, in accordance with this section,
in a fiscal year beginning with fiscal year 2012. | Preparing Excellent Teachers Act of 2006 - Authorizes the Secretary of Education to make grants to states and local educational agencies to establish and support teacher mentoring programs to attract and train teachers of exceptional ability who are mid-career professionals or recent college graduates. Places limits on the amount, number, and distribution of such grants. | To direct the Secretary of Education to make grants to States and local educational agencies to establish teacher mentoring programs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Export Promotion Act
of 2005''.
SEC. 2. ELIMINATION OF FEES CHARGED FOR EXPORT PROMOTION PROGRAMS.
(a) Elimination of Fees.--The Secretary of Commerce, the
International Trade Administration, and the United States and Foreign
Commercial Service may not charge fees to United States exporters,
United States businesses, or United States persons, for assistance
provided to such exporters, businesses, or persons under subtitle C of
the Export Enhancement Act of 1988 (15 U.S.C. 4721 et seq.) or under
any other export promotion program.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Commerce, the International Trade
Administration, and the United States and Foreign Commercial Service
such sums as may be necessary to cover the costs of providing services
to United States exporters, United States businesses, or United States
persons, under export promotion programs.
SEC. 3. CAPITAL SECURITY COST-SHARING PROGRAM CHANGES.
In determining the total overseas presence of an agency for
purposes of section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted by section 1000(a)(7) of
Public Law 106-113), there shall be excluded any positions or
activities of the agency attributable to export promotion programs.
SEC. 4. UNITED STATES AND FOREIGN COMMERCIAL SERVICE ACTIVITIES ABROAD.
The Secretary of Commerce shall, not later than 180 days after the
date of the enactment of this Act--
(1) develop and submit to the Congress a plan to locate and
relocate offices, officers, and employees of the USFCS in other
countries at places other than the United States embassy or, in
any country in which there is no such embassy, the chief
diplomatic mission of the United States in that country;
(2) develop and submit to the Congress a plan to place, in
each country with which the United States has diplomatic
relations, a USFCS office or, in countries with smaller
markets, one or more foreign nationals working under the
supervision of a regional USFCS officer, to carry out functions
under export promoting programs if, on the basis of a market
analysis of the country conducted by the Secretary of Commerce,
the Secretary determines such placement is viable; and
(3) conduct and report to the Congress on a market analysis
of other countries for purposes of expanding activities of the
USFCS in those countries, particularly those with developing
economies.
SEC. 5. UNITED STATES TRADE MISSIONS.
The Secretary of Commerce shall, not later than 180 days after the
date of the enactment of this Act, develop and submit to the Congress a
plan for conducting at least 100 United States trade missions abroad in
fiscal years 2006 and 2007. Of these trade missions--
(1) 1 shall be dedicated for each of the several States,
(2) 1 shall be dedicated for the District of Columbia,
(3) 1 shall be dedicated for Puerto Rico and the Virgin
Islands, and
(4) 1 shall be dedicated for Guam and American Samoa,
with each such mission being comprised primarily of United States
businesses whose principal place of business is in the State or other
place listed in paragraphs (2) through (4) for which the trade mission
is dedicated. No fee may be charged to any United States business for
participating in any such trade mission.
SEC. 6. INCREASING PARTICIPATION IN GLOBAL MARKETS OF SMALL- AND
MEDIUM-SIZED BUSINESSES.
The Secretary of Commerce shall, not later than 180 days after the
date of the enactment of this Act, submit to the Congress--
(1) budget, staffing, and reorganization requirements of
the Department of Commerce and, with the concurrence of the
Administrator of the Small Business Administration, of the
Small Business Administration, in order to substantially
increase the ability of small businesses and medium-sized
businesses in the United States to compete in global markets;
and
(2) an overall United States trade promotion strategy, with
achievable annual action plans, that aggressively markets small
businesses and medium-sized businesses in the United States to
expanding overseas markets and directly supports, through trade
missions and related activities, the efforts of the individual
States (and the District of Columbia) toward achieving this
goal.
SEC. 7. DEVELOPMENT OF EXPORT DATABASE AND OTHER TRADE PROMOTION
ACTIVITIES.
(a) Database.--The Secretary of Commerce shall--
(1) conduct a comprehensive review, reorganization, and
expansion of the Web site www.export.gov (or any successor Web
site) of the Department of Commerce in order to--
(A) increase the usability and scope of the Web
site; and
(B) ensure that each USFCS office location has an
interactive Web site that is interoperable with
www.export.gov; and
(2)(A) create and maintain a database of United States
exporters;
(B) provide United States exporters with the ability to
elect to be included in the database; and
(C) report to Congress on methods other Federal agencies
may use to assist United States businesses interested in
developing export markets in accessing the database; and
(3) after reviewing successful trade promotion activities
of other countries with which the United States competes in
global markets, make such modifications to the operations of
the Department of Commerce in carrying out export promotion
programs, including modifications to Internet access, as are
necessary to more effectively assist in matching business
opportunities abroad to potential suppliers in the United
States, and to support closing of transactions, arranging of
financing, and delivery of goods or services.
SEC. 8. DEFINITIONS.
In this Act:
(1) Export promotion program.--The term ``export promotion
program'' has the meaning given that term in section 201(d) of
the Export Administration Amendments Act of 1985 (15 U.S.C.
4051(d)).
(2) Small business.--The term ``small business'' means any
small business concern as defined under section 3 of the Small
Business Act (15 U.S.C. 632).
(3) United states business.--The term ``United States
business'' has the meaning given that term in section 2304(e)
of the Export Enhancement Act of 1988 (15 U.S.C. 4724(e)).
(4) United states exporter.--The term ``United States
exporter'' has the meaning given that term in section 2301(j)
of the Export Enhancement Act of 1988 (15 U.S.C. 4721(j)).
(5) USFCS.--The term ``USFCS'' means the United States and
Foreign Commercial Service of the Department of Commerce.
(6) United states person.--The term ``United States
person'' has the meaning given that term in section 2306(c) of
the Export Enhancement Act of 1988 (15 U.S.C. 4725(c)). | United States Export Promotion Act of 2005 - Prohibits the Secretary of Commerce, the International Trade Administration, and the U.S. and Foreign Commercial Service (USFCS) from charging fees to U.S. exporters, businesses, or persons for assistance provided to them under export promotion programs.
Revises the capital security cost-sharing program under the Secure Embassy Construction and Counterterrorism Act of 1999 to exclude from determination of an agency's total overseas presence any positions or activities attributable to export promotion programs.
Requires the Secretary to develop and submit to Congress plans to: (1) locate and relocate USFCS offices, officers, and employees in other countries at places other than the U.S. embassy or the U.S. chief diplomatic mission; and (2) place a USFCS office where the United States has diplomatic relations or, where viable in countries with smaller markets, one or more foreign nationals working under a regional USFCS officer's supervision to carry out export promotion functions.
Directs the Secretary to develop and submit to Congress a plan for conducting at least 100 U.S. trade missions abroad in FY2006-FY2007.
Requires the Secretary to: (1) increase the participation in global markets of small and medium-sized U.S. businesses; (2) review, reorganize, and expand the Department of Commerce Web site to increase its usability and scope; and (3) create a database of U.S. exporters. | To eliminate fees for assistance provided by the Department of Commerce and agencies thereof under export promotion programs, to authorize appropriations for such purpose, to direct the Secretary of Commerce to take certain steps to expand export promotion activities, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare Equity
Act of 2003''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Elimination of geographic physician work adjustment factor from
geographic indices used to adjust payments
under the physician fee schedule.
Sec. 3. Clinical rotation demonstration project.
Sec. 4. Use of skilled nursing facility wage data under the prospective
payment system for skilled nursing facility
services.
SEC. 2. ELIMINATION OF GEOGRAPHIC PHYSICIAN WORK ADJUSTMENT FACTOR FROM
GEOGRAPHIC INDICES USED TO ADJUST PAYMENTS UNDER THE
PHYSICIAN FEE SCHEDULE.
(a) Findings.--Congress finds the following:
(1) Variations in the geographic physician work adjustment
factors under section 1848(e) of the Social Security Act (42
U.S.C. 1395w-4(e)) result in inequity between localities in
payments under the medicare physician fee schedule.
(2) Beneficiaries under the medicare program that reside in
areas where such adjustment factors are high have relatively
more access to services that are paid based on such fee
schedule.
(3) There are a number of studies indicating that the
market for health care professionals has become nationalized
and historically low labor costs in rural and small urban areas
have disappeared.
(4) Elimination of the adjustment factors described in
paragraph (1) would equalize the reimbursement rate for
services reimbursed under the medicare physician fee schedule
while remaining budget-neutral.
(b) Elimination.--Section 1848(e) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended--
(1) in paragraph (1)(A)(iii), by striking ``an index'' and
inserting ``for services provided before January 1, 2003, an
index''; and
(2) in paragraph (2), by inserting ``, for services
provided before January 1, 2003,'' after ``paragraph (4)),
and''.
(c) Budget Neutrality Adjustment for Elimination of Geographic
Physician Work Adjustment Factor.--Section 1848(d) of the Social
Security Act (42 U.S.C. 1395w-4(d)) is amended--
(1) in paragraph (1)(A), by striking ``The conversion'' and
inserting ``Subject to paragraph (5), the conversion''; and
(2) by adding at the end the following new paragraph:
``(5) Budget neutrality adjustment for elimination of
geographic physician work adjustment factor.--Before applying
an update for a year under this subsection, the Secretary shall
(if necessary) provide for an adjustment to the conversion
factor for that year to ensure that the aggregate payments
under this part in that year shall be equal to aggregate
payments that would have been made under such part in that year
if the amendments made by section 2(b) of the Medicare Equity
Act of 2003 had not been enacted.''.
SEC. 3. CLINICAL ROTATION DEMONSTRATION PROJECT.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall establish a demonstration
project that provides for demonstration grants designed to provide
financial or other incentives to hospitals to attract educators and
clinical practitioners so that hospitals that serve beneficiaries under
the medicare program under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) who are residents of underserved areas may host
clinical rotations.
(b) Duration of Project.--The demonstration project shall be
conducted over a 5-year period.
(c) Funding.--
(1) In general.--Subject to paragraph (2), the Secretary
shall pay the costs of the demonstration project conducted
under this section from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42 U.S.C.
1395i).
(2) Cap on funding.--The Secretary may not expend more than
$20,000,000 to conduct the demonstration project under this
section.
(3) Budget neutrality for demonstration project.--
Notwithstanding any other provision of law, the Secretary shall
provide for an appropriate reduction in the aggregate amount of
additional payments made under subsection (d)(5)(B) of section
1886 of the Social Security Act (42 U.S.C. 1395ww) for the
indirect costs of medical education and for direct graduate
medical education costs under subsection (h) of such section to
reflect any increase in amounts expended from the Federal
Hospital Insurance Trust Fund as a result of the demonstration
project conducted under this section.
(d) Reports.--The Secretary shall submit to the appropriate
committees of Congress interim reports on the demonstration project and
a final report on such project within 6 months after the conclusion of
the project together with recommendations for such legislative or
administrative action as the Secretary determines appropriate.
(e) Waiver.--The Secretary shall waive such provisions of titles XI
and XVIII of the Social Security Act (42 U.S.C. 1301 et seq. and 1395
et seq.) as may be necessary to conduct the demonstration project under
this section.
(f) Definitions.--In this section:
(1) Hospital.--The term ``hospital'' means any subsection
(d) hospital (as defined in section 1886(d)(1)(B) of the Social
Security Act (42 U.S.C. 1395ww(d)(1)(B)) that had indirect or
direct costs of medical education during the most recent cost
reporting period preceding the date of enactment of this Act.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Underserved area.--The term ``underserved area'' means
such medically underserved urban areas and medically
underserved rural areas as the Secretary may specify.
SEC. 4. USE OF SKILLED NURSING FACILITY WAGE DATA UNDER THE PROSPECTIVE
PAYMENT SYSTEM FOR SKILLED NURSING FACILITY SERVICES.
(a) Findings.--Congress finds the following:
(1) Skilled nursing facilities (as defined in section
1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)))
employ a significantly different group of health care
professionals than the health care professionals employed by
hospitals (as defined in section 1861(e) of such Act (42 U.S.C.
1395x(e))).
(2) Because of the difference described in paragraph (1)
the wage variation in skilled nursing facilities also differs
from that of hospitals.
(3) The Centers for Medicare & Medicaid Services is
currently collecting skilled nursing facility wage data but has
not set a date for implementation of an area wage index for
such facilities under the prospective payment system for
skilled nursing facility services under section 1888(e) of such
Act (42 U.S.C. 1395yy(e)) that is based on such wage data.
(b) Use of Skilled Nursing Facility Wage Data.--Section
1888(e)(4)(G)(ii) of the Social Security Act (42 U.S.C.
1395yy(e)(4)(G)(ii)) is amended--
(1) in the second sentence, by striking ``Such adjustment''
and inserting ``The area wage adjustment under this clause'';
and
(2) by inserting after the first sentence the following new
sentence: ``Beginning on October 1, 2003, the area wage
adjustment under this clause shall be based on the wages of
individuals employed at skilled nursing facilities.''. | Medicare Equity Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to eliminate the geographic physician work adjustment factor from the geographic indices used to adjust payments under the physician fee schedule.Directs the Secretary of Health and Human Services to establish a demonstration project that provides for demonstration grants designed to provide financial or other incentives to hospitals to attract educators and clinical practitioners so that hospitals that serve beneficiaries under the Medicare program who are residents of underserved areas may host clinical rotations.Amends SSA title XVIII to provide for the use of skilled nursing facility wage data under the prospective payment system for skilled nursing facility services. | A bill to amend title XVIII of the Social Security Act to eliminate the geographic physician work adjustment factor from the geographic indices used to adjust payments under the physician fee schedule, to provide incentives necessary to attract educators and clinical practitioners to underserved areas, and to revise the area wage adjustment applicable under the prospective payment system for skilled nursing facilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Ag Science Center Act of
2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The State of California is a preeminent producer of
more than 350 different agricultural commodities, including
more than 90 percent of all of the tomatoes and grapes produced
in the United States, all of the commercial almonds, dates,
figs, olives, cling peaches, prunes and raisins produced in the
United States, and one out of every five glasses of milk
consumed in the United States.
(2) California is the leading State in terms of
agricultural exports, annually shipping more than $7 billion
dollars worth of agricultural commodities around the world.
(3) The total investment by California's 78,500 farms in
terms of direct and indirect economic impact is staggering,
and, if California is going to keep its agricultural industry
strong and vibrant, it must focus on the needs of farmers who
are valuable contributors to the economic, social, and cultural
life of the State and the United States.
(4) Since 1945, agricultural land has been rapidly
disappearing across California, as soil erosion, urbanization,
the growth of deserts, and salinization have all contributed to
loss of productive farmland. If these trends continue,
California will no longer be able to supply food for its
population, let alone the United States, and will be unable to
export food to the rest of the world.
(5) As Americans grow more and more detached from the great
agrarian history of the United States, fewer Americans
understand the fundamental importance of agriculture to
American society.
(6) Educating young Americans about agriculture and its
importance to the United States nation is an investment that
will pay off in future benefits.
(7) Greater public understanding and appreciation of the
importance of agriculture to California, the United States, and
the world is needed to secure a positive future, in which the
United States can rely on healthy food that is produced
domestically. Citizens of all ages, especially youth, must play
a meaningful, hands-on role in determining the future of
California agriculture.
(8) As planners, conservationists, and other interested
persons around the State of California organize to help protect
agricultural resources, the proposed National Ag Science Center
in Stanislaus County, California, is preparing to educate and
alert future generations about the need to preserve
agricultural land and to foster an understanding of the
importance of agriculture. The mission of the National Ag
Science Center will be to provide exciting and fun agricultural
learning opportunities and resources in order for young people
to learn how a vibrant agricultural economy is necessary for a
vibrant society, and to assure a bright future for all aspects
of the agriculture industry. The National Ag Science Center
will prepare young Americans for career and leadership
opportunities in agriculture.
(9) According to findings of the Center for Public Policy
Studies at California State University, Stanislaus, the
National Ag Science Center will create or support up to 359 new
local jobs, create or support up to $57,500,000 in economic
activity and $15,200,000 in labor income through construction
of the new facility, generate as much as $8,500,000 in total
annual economic activity, and result in as much as $3,400,000
in total annual labor income.
(10) On September 14, 2005, the Yosemite Community College
District Board, in Stanislaus County, California, voted
unanimously to approve the dedication of a 3.5 acre site on the
West Campus of Modesto Community College for the National Ag
Science Center.
(11) Establishment of the National Ag Science Center is in
the national interest, as the proposed Center will enable
future generations to help assure a healthy and profitable
place for agriculture in the economy of California and the
United States.
SEC. 3. ASSISTANCE FOR ESTABLISHMENT OF NATIONAL AG SCIENCE CENTER,
STANISLAUS COUNTY, CALIFORNIA.
(a) Assistance Authorized.--Using such funds as may be appropriated
pursuant to the authorization of appropriations in subsection (d), the
Secretary of the Interior and the Secretary of Agriculture shall make
grants to the Ag Science Center, Inc., in Stanislaus County,
California, to cover a portion of the costs of establishing the
National Ag Science Center, including costs relating to the design,
planning, construction, furnishing, equipping, and expansion of the
Center.
(b) Grant Proposal.--To receive a grant under subsection (a), the
Ag Science Center, Inc. shall submit to the Secretary of the Interior
or the Secretary of Agriculture, or to both Secretaries, a proposal for
the use of the grant funds, which shall include detailed plans for the
design, construction, furnishing, equipping, and expansion of the
National Ag Science Center.
(c) Limitation on Grant Amounts.--The portion of the costs
described in subsection (a) covered by grants made under this section
shall not exceed 33 percent of the total costs to establish the Center.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the Interior and the Secretary of
Agriculture $10,000,000 to make grants under this section. Amounts so
appropriated shall remain available until expended. | National Ag Science Center Act of 2006 - Directs the Secretary of the Interior and the Secretary of Agriculture to make grants to the Ag Science Center, Inc., in Stanislaus County, California, to cover a portion of the costs of establishing the National Ag Science Center. Limits the portion of such costs covered by grants made under this Act to 33% of the total costs to establish the Center. | To authorize the Secretary of the Interior and the Secretary of Agriculture to make grants to facilitate the establishment of the National Ag Science Center in Stanislaus County, California. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SBA Women's
Business Programs Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL WOMEN'S BUSINESS COUNCIL
Sec. 101. Annual studies on problems hindering the success of women
entrepreneurs.
Sec. 102. Additional progress reports.
TITLE II--WOMEN'S BUSINESS CENTERS
Sec. 201. Revised funding formula.
Sec. 202. Matchmaking formula change.
Sec. 203. Termination of funding.
Sec. 204. Women's business center awards to be made public.
TITLE I--NATIONAL WOMEN'S BUSINESS COUNCIL
SEC. 101. ANNUAL STUDIES ON PROBLEMS HINDERING THE SUCCESS OF WOMEN
ENTREPRENEURS.
Section 409 of the Women's Business Ownership Act of 1988 (15
U.S.C. 7109) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Problems Hindering the Success of Women Entrepreneurs.--The
Council shall conduct at least one study per year that evaluates the
problems hindering the success of women entrepreneurs. The Council
shall select the topic for the study in consultation with the Committee
on Small Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate.''.
SEC. 102. ADDITIONAL PROGRESS REPORTS.
Section 406(d)(4) of the Women's Business Ownership Act of 1988 (15
U.S.C. 7106(d)(4)) is amended by inserting before the semicolon at the
end the following: ``, and on a biannual basis (notwithstanding
paragraph (6)) submit to the President and to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report containing a
description of, and the status of, such initiatives, policies,
programs, and plans''.
TITLE II--WOMEN'S BUSINESS CENTERS
SEC. 201. REVISED FUNDING FORMULA.
Section 29(b) of the Small Business Act (15 U.S.C. 656(b)) is
amended to read as follows:
``(b) Authority.--
``(1) In general.--The Administrator may provide financial
assistance to private nonprofit organizations to conduct
projects for the benefit of small business concerns owned and
controlled by women. The projects shall provide--
``(A) financial assistance, including training and
counseling in how to apply for and secure business
credit and investment capital, preparing and presenting
financial statements, and managing cash flow and other
financial operations of a business concern;
``(B) management assistance, including training and
counseling in how to plan, organize, staff, direct, and
control each major activity and function of a small
business concern; and
``(C) marketing assistance, including training and
counseling in identifying and segmenting domestic and
international market opportunities, preparing and
executing marketing plans, developing pricing
strategies, locating contract opportunities,
negotiating contracts, and utilizing varying public
relations and advertising techniques.
``(2) Tiers.--The Administrator shall provide assistance
under paragraph (1) in three tiers of assistance as follows:
``(A) The first tier shall be to conduct a 5-year
project in a situation where a project has not
previously been conducted. Such a project shall be in a
total amount of not more than $150,000 per year.
``(B) The second tier shall be to conduct a 3-year
project in a situation where a first-tier project is
being completed. Such a project shall be in a total
amount of not more than $100,000 per year.
``(C) The third tier shall be to conduct a 3-year
project in a situation where a second-tier project is
being completed. Such a project shall be in a total
amount of not more than $100,000 per year. Third-tier
grants are renewable subject to established eligibility
criteria as well as criteria in subsection (b)(4).
``(3) Allocation of funds.--Of the amounts made available
for assistance under this subsection, the Administrator shall
allocate--
``(A) at least 40 percent for first-tier projects
under paragraph (2)(A);
``(B) 20 percent for second-tier projects under
paragraph (2)(B); and
``(C) the remainder for third-tier projects under
paragraph (2)(C).
``(4) Benchmarks for third-tier projects.--In awarding
third-tier projects under paragraph (2)(C), the Administrator
shall use benchmarks based on socio-economic factors in the
community and on the performance of the applicant. The
benchmarks shall include--
``(A) the total number of women served by the
project;
``(B) the proportion of low income women and socio-
economic distribution of clients served by the project;
``(C) the proportion of individuals in the
community that are socially or economically
disadvantaged (based on median income);
``(D) the future fundraising and service
coordination plans;
``(E) the diversity of services provided; and
``(F) regional distribution within the 10 districts
of the Administration.''.
SEC. 202. MATCHMAKING FORMULA CHANGE.
Section 29(c)(1) of the Small Business Act (15 U.S.C. 656(c)(1)) is
amended--
(1) by striking subparagraphs (A) and (B); and
(2) by adding at the end the following:
``(A) For the first and second years of the
project, 1 non-Federal dollar for each 2 Federal
dollars.
``(B) Each year after the second year of the
project--
``(i) 1 non-Federal dollar for each Federal
dollar; or
``(ii) if the center is in a community at
least 50 percent of the population of which is
below the median income, 1 non-Federal dollar
for each 2 Federal dollars.''.
SEC. 203. TERMINATION OF FUNDING.
Section 29(c) of the Small Business Act (15 U.S.C. 656(c)) is
amended by adding at the end the following:
``(5) Termination.--An organization that has conducted a
project under this subsection--
``(A) is not eligible to conduct another such
project; and
``(B) may continue thereafter to use the women's
business center logo only with the consent of the
Administrator.''.
SEC. 204. WOMEN'S BUSINESS CENTER AWARDS TO BE MADE PUBLIC.
Section 29(g)(2)(B)(ii)(V) of the Small Business Act (15 U.S.C.
656(g)(2)(B)(ii)(V)) is amended by inserting before the semicolon at
the end the following: ``, and make available to the public the award
made to each applicant so selected''.
Passed the House of Representatives June 18, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | SBA Women's Business Programs Act of 2007 - Title I: National Women's Business Council - Amends the Women's Business Ownership Act of 1988 to direct the National Women's Business Council to: (1) conduct at least one annual study that evaluates problems hindering the success of women entrepreneurs; and (2) report biannually on its initiatives, policies, programs, and plans.
Title II: Women's Business Centers - Amends the Small Business Act relating to the women's business center program (program) to replace the five-year projects for the benefit of small businesses owned and controlled by women with a three-tiered program of five-year (first tier), three-year (second tier), and three-year (third tier) projects, with each tier commencing after the previous tier is being completed. Revises matching funds requirements for such projects.
States that organizations that have conducted projects under the program: (1) are not eligible to conduct another such project; and (2) may continue to use the women's business center logo only with the Administrator's consent.
Requires notice to the public of women's business center awards. | To reauthorize the women's entrepreneurial development programs of the Small Business Administration, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Security for Today's
Four-Year-Olds Act of 2011''.
SEC. 2. INCREASE IN THE FULL RETIREMENT AGE AND THE EARLY RETIREMENT
AGE.
(a) In General.--Section 216(l) of the Social Security Act (42
U.S.C. 416(l)) is amended to read as follows:
``Retirement Age and Early Retirement Age
``(l)(1) The term `retirement age' means--
``(A) with respect to an individual who attains the
applicable reference age (as defined in paragraph (4)) before
January 1, 2000, 65 years of age;
``(B) with respect to an individual who attains the
applicable reference age after December 31, 1999, and before
January 1, 2005, 65 years of age plus the number of months in
the first age increase factor (as determined under paragraph
(3)(A)) for the calendar year in which such individual attains
the applicable reference age;
``(C) with respect to an individual who attains the
applicable reference age after December 31, 2004, and before
January 1, 2017, 66 years of age;
``(D) with respect to an individual who attains the
applicable reference age after December 31, 2016, and before
January 1, 2022, 66 years of age plus the number of months in
the first age increase factor (as determined under paragraph
(3)(A)) for the calendar year in which such individual attains
the applicable reference age;
``(E) with respect to an individual who attains the
applicable reference age after December 31, 2021, and before
January 1, 2023, 67 years of age;
``(F) with respect to an individual who attains the
applicable reference age after December 31, 2022, and before
January 1, 2069, 67 years of age plus the number of months in
the second age increase factor (as determined under paragraph
(3)(B)) for the calendar year in which such individual attains
the applicable reference age; and
``(G) with respect to an individual who attains the
applicable reference age after December 31, 2068, 70 years of
age.
``(2) The term `early retirement age' means--
``(A) in the case of an old-age, wife's, or husband's
insurance benefit--
``(i) with respect to an individual who attains the
applicable reference age before January 1, 2023, 62
years of age;
``(ii) with respect to an individual who attains
the applicable reference age after December 31, 2022,
and before January 1, 2069, 62 years of age (in the
case of an old-age, wife's, or husband's insurance
benefit), plus the number of months in the second age
increase factor (as determined under paragraph (3)(B))
for the calendar year in which such individual attains
the applicable reference age; and
``(iii) with respect to an individual who attains
the applicable reference age after December 31, 2068,
65 years of age; and
``(B) in the case of a widow's or widower's insurance
benefit, 2 years less than the age provided under subparagraph
(A).
``(3)(A) The first retirement age increase factor for any
individual who attains the applicable reference age in a calendar year
within the 5-year period consisting of the calendar years 2000 through
2004 or the calendar years 2017 through 2021 shall be equal to \2/12\
of the number of months in the period beginning with January of the
first calendar year in such period and ending with December of the year
in which the individual attains the applicable reference age.
``(B) The second retirement age increase factor for any individual
who attains the applicable reference age in the 46-year period
consisting of the calendar years 2023 through 2068 shall be equal to
\3/47\ of the number of months in the period beginning with January
2023 and ending with December of the year in which the individual
attains the applicable reference age. In any case in which the second
age increase factor for any calendar year is not a whole number of
calendar months, such factor shall be deemed to be equal to the next
lower whole number of calendar months.
``(4) The term `applicable reference age' means 62 years of age (in
the case of an old-age, wife's, or husband's insurance benefit) and 60
years of age (in the case of a widow's or widower's insurance
benefit).''.
(b) Conforming Extension of Maximum Age for Entitlement to Delayed
Retirement Credit.--Section 202(w)(2)(A) of such Act (42 U.S.C.
402(w)(2)(A)) is amended--
(1) by striking ``prior to the month in which such
individual attained age 70, and'' and inserting ``prior to the
later of--''; and
(2) by adding at the end the following:
``(i) the month in which such individual would
attain age 70, or
``(ii) the month which ends 3 years after the end
of the month in which such individual attained
retirement age (as defined in section 216(l)), and''.
(c) Conforming Increase in Number of Elapsed Years for Purposes of
Determining Primary Insurance Amount.--Section 215(b)(2)(B)(iii) of
such Act (42 U.S.C. 415(b)(2)(B)(iii)) is amended by striking ``age
62'' and inserting ``early retirement age''.
(d) Study Relating to Additional Conforming Amendments.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security,
in consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, shall conduct a study
of the additional technical and conforming amendments to title
II of the Social Security Act and other relevant provisions of
law relating to the age of a beneficiary or applicant for
benefits which are necessary to effectively carry out the
programs provided for under such title and other provisions,
taking into account the amendments made by this section.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall transmit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report of the results
of the study conducted pursuant to paragraph (1). The
Commissioner shall include in such report such recommendations
for legislative and administrative changes as the Commissioner,
in consultation with the Secretary of the Treasury and the
Secretary of Health and Human Services, determines to be
appropriate. | Retirement Security for Today's Four-Year Olds Act of 2011 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the age for retirement to 70 and the early retirement age to 65 as of January 1, 2069.
Revises requirements accordingly for calculation of the first and the second retirement age increase factors. | To amend title II of the Social Security Act to set the retirement benefits age for today's four-year-olds at age 70. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Service Dog Act of
2013''.
SEC. 2. WOUNDED WARRIOR K-9 CORPS.
(a) Grants Authorized.--Subject to the availability of
appropriations provided for such purpose, the Secretary of Defense and
the Secretary of Veterans Affairs shall jointly establish a program, to
be known as the ``K-9 Companion Corps Program'', to award competitive
grants to nonprofit organizations to assist such organizations in the
planning, designing, establishing, or operating (or any combination
thereof) of programs to provide assistance dogs to covered members and
veterans.
(b) Use of Funds.--
(1) In general.--The recipient of a grant under this
section shall use the grant to carry out programs that provide
assistance dogs to covered members and veterans who have a
disability described in paragraph (2).
(2) Disability.--A disability described in this paragraph
is any of the following:
(A) Blindness or visual impairment.
(B) Loss of use of a limb, paralysis, or other
significant mobility issues.
(C) Loss of hearing.
(D) Traumatic brain injury.
(E) Post-traumatic stress disorder.
(F) Any other disability that the Secretary of
Defense and the Secretary of Veterans Affairs consider
appropriate.
(3) Timing of award.--The Secretaries may not award a grant
under this section to reimburse a recipient for costs
previously incurred by the recipient in carrying out a program
to provide assistance dogs to covered members and veterans
unless the recipient elects for the award to be such a
reimbursement.
(c) Eligibility.--To be eligible to receive a grant under this
section, a nonprofit organization shall submit an application to the
Secretary of Defense and the Secretary of Veterans Affairs at such
time, in such manner, and containing such information as the Secretary
of Defense and the Secretary of Veterans Affairs may require. Such
application shall include--
(1) a proposal for the evaluation required by subsection
(d); and
(2) a description of--
(A) the training that will be provided by the
organization to covered members and veterans;
(B) the training of dogs that will serve as
assistance dogs;
(C) the aftercare services that the organization
will provide for such dogs and covered members and
veterans;
(D) the plan for publicizing the availability of
such dogs through a targeted marketing campaign to
covered members and veterans;
(E) the recognized expertise of the organization in
breeding and training such dogs;
(F) the commitment of the organization to
comparable standards as that of the International Guide
Dog Federation or Assistance Dogs International;
(G) the commitment of the organization to humane
standards for animals; and
(H) the experience of the organization with working
with military medical treatment facilities or medical
facilities of the Department of Veterans Affairs.
(d) Evaluation.--The Secretary shall require each recipient of a
grant to use a portion of the funds made available through the grant to
conduct an evaluation of the effectiveness of the activities carried
out through the grant by such recipient.
(e) Definitions.--In this Act:
(1) Assistance dog.--The term ``assistance dog'' means a
dog specifically trained to perform physical tasks to mitigate
the effects of a disability described in subsection (b)(2),
except that the term does not include a dog specifically
trained for comfort or personal defense.
(2) Covered members and veterans.--The term ``covered
members and veterans'' means--
(A) with respect to a member of the Armed Forces,
such member who is--
(i) receiving medical treatment,
recuperation, or therapy under chapter 55 of
title 10, United States Code;
(ii) in medical hold or medical holdover
status; or
(iii) covered under section 1202 or 1205 of
title 10, United States Code; and
(B) with respect to a veteran, a veteran who is
enrolled in the health care system established under
section 1705(a) of title 38, United States Code.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $5,000,000 for each of fiscal years
2014 through 2018. | Wounded Warrior Service Dog Act of 2013 - Directs the Secretaries of Defense (DOD) and Veterans Affairs (VA) to jointly establish the K-9 Companion Corps program for the awarding of grants to assist nonprofit organizations in establishing, planning, designing, and/or operating programs to provide assistance dogs to certain members of the Armed Forces and veterans who have certain disabilities. Defines "assistance dog" to mean a dog specifically trained to perform physical tasks to mitigate the effects of such a disability, except that such term does not include a dog specifically trained for comfort or personal defense. | Wounded Warrior Service Dog Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Student Loan Disclosure
Enhancement Act of 2007''.
SEC. 2. APPLICATION OF TRUTH IN LENDING ACT .
Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is
amended by inserting before the period at the end the following ``, and
other than private education loans, as that term is defined in section
128(e), regardless of the amount financed''.
SEC. 3. ENHANCED DISCLOSURES FOR PRIVATE STUDENT LOANS.
(a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C.
1638) is amended by adding at the end the following:
``(e) Terms and Disclosure With Respect to Private Student Loans.--
``(1) Disclosures required in private student loan
applications and solicitations.--In any application for a
private student loan, or a solicitation for a private student
loan without requiring an application, the lender shall
disclose to the borrower, clearly and conspicuously--
``(A) the potential range of annual percentage
rates of interest applicable to the private student
loan;
``(B) whether the rate of interest applicable to
the private student loan is fixed or variable;
``(C) limitations on interest rate adjustments,
both in terms of frequency and amount, or the lack
thereof;
``(D) requirements for a parent or co-borrower,
including any changes in the applicable interest rates
without a parent or co-borrower;
``(E) all potential finance charges, late fees,
penalties, and adjustments to principal, based on
transgressions of the borrower;
``(F) fees or range of fees (along with basis for
variations in fees) applicable to the private student
loan;
``(G) the term of loan;
``(H) whether interest will accrue while the
student to whom the private student loan relates is
enrolled at an institution of higher education;
``(I) payment deferral options, including whether
the deferment would apply to interest or principal, or
both;
``(J) if only principal may be deferred, whether
the student may postpone the payment of interest by
capitalization of the interest;
``(K) whether deferrals may be extended for
additional periods of enrollment at an institution of
higher education;
``(L) the duration of any payment grace period;
``(M) eligibility criteria for the private student
loan;
``(N) 3 examples of the total cost of the private
student loan over the life of the loan--
``(i) 2 of which shall be calculated using
the same principal amount, one of those using
the maximum possible rate of interest (or 36
percent, if no maximum amount is specified in
the terms of the loan); and
``(ii) calculated both with and without
capitalization of interest if that is an option
for postponing interest payments;
``(O) in any case in which the applicable rate of
interest is variable, a disclosure that interest rates
are variable and that any projected cost at less than
the maximum rate of interest is likely to go up
significantly;
``(P) a statement that an institution of higher
education may have school-specific student loan
benefits and terms not detailed on the disclosure form;
and
``(Q) such other information as the Board shall
prescribe, by rule, as necessary for consumers to make
informed borrowing decisions.
``(2) Disclosures at the time of private student loan
approval.--Contemporaneously with the approval of a private
student loan application, and before the loan transaction is
consummated, the lender shall disclose to the borrower, clearly
and conspicuously--
``(A) the applicable rate of interest;
``(B) whether the rate of interest applicable to
the private student loan is fixed or variable;
``(C) limitations on interest rate adjustments,
both in terms of frequency and amount, or the lack
thereof;
``(D) the principal amount for repayment;
``(E) the applicable annual percentage rate (or
`APR') with respect to the private student loan;
``(F) applicable finance charges, late fees,
penalties, and adjustments to principal, based upon
borrower transgressions;
``(G) fees upon disbursement of the private student
loan;
``(H) the term of the private student loan;
``(I) the monthly payment, calculated using the
rate of interest in effect on the date of approval,
initially required after the student to whom the
private student loan relates is no longer enrolled at
an institution of higher education, and the maximum
monthly payment to which such amount could increase if
rates are variable, which amounts shall be calculated--
``(i) using the principal amount that will
be in effect at that post-enrollment time
(incorporating accrual of interest during the
educational years, if applicable), rather than
at the time of consummation of the loan; and
``(ii) in the case of a variable rate
private student loan that has no cap on the
rate of interest, assuming a maximum interest
rate of 36 percent;
``(J) an estimate of the total amount for
repayment, at both the interest rate in effect on the
date of approval, and at the maximum possible rate of
interest if the rate is variable (assuming a maximum
rate of 36 percent if no maximum rate is specified by
the terms of the loan);
``(K) any principal and interest payments required
while the student to whom the private student loan
relates is enrolled at an institution of higher
education and interest which will accrue during such
enrollment;
``(L) payment deferral options, including whether
the deferment would apply to interest or principal, or
both;
``(M) if only principal may be deferred, whether
the student may postpone the payment of interest by
capitalization of the interest;
``(N) whether deferrals may be extended for
additional periods of enrollment at an institution of
higher education;
``(O) the duration of any payment grace period;
``(P) any penalty for early repayment of the
private student loan;
``(Q) whether monthly payments are graduated;
``(R) that the borrower shall have 30 calendar days
following the date on which the application for the
private education loan is approved and the borrower
receives the disclosure documents required under this
subsection for the loan, to accept the terms of the
private education loan and consummate the transaction,
and the rates and terms of the loan may not be changed
by the lender during that period; and
``(S) such other information as the Board shall
prescribe, by rule, as necessary for consumers to make
informed borrowing decisions.
``(3) Format of disclosures.--Disclosures required under
paragraphs (1) and (2) shall appear in a clearly legible (not
less than 12-point font), uniform format, subject to section
122(c).
``(4) Effective period of approved rate of interest and
loan terms.--With respect to a private student loan, the
borrower shall have 30 calendar days following the date on
which the application for the private education loan is
approved and the borrower receives the disclosure documents
required under this subsection for the loan to accept the terms
of the loan and consummate the transaction, and the rates and
terms of the loan may not be changed by the lender during that
period, subject to the rules of the Board.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `institution of higher education'
has the same meaning as in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002);
``(B) the term `lender' means a creditor, other
than an issuer of credit under a residential mortgage
transaction, and any agent thereof; and
``(C) the term `private education loan' means a
private loan provided by a lender that--
``(i) is not made, insured, or guaranteed
under any Federal, State, or local government
unit, including under subtitle B of title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
``(ii) is issued by a lender for
postsecondary educational expenses to a
student, or the parent of the student,
regardless of whether the loan is provided
through the educational institution that the
student attends or directly to the student or
parent from the lender.''.
(b) Regulations To Carry Out Private Education Loan Disclosures.--
(1) In general.--The Board of Governors of the Federal
Reserve System (in this section referred to as the ``Board'')
shall issue regulations in final form to carry out section
128(e) of the Truth in Lending Act, as added by this section,
not later than 6 months after the date of enactment of this
Act.
(2) Development and testing of disclosure statement.--The
Board shall, in issuing regulations under paragraph (1),
develop and test for readability a disclosure statement for
student borrowers that is consistent with the requirements of
section 122(c) of the Truth in Lending Act (15 U.S.C. 1638(c)).
(c) Conforming Amendment.--Section 122(c) of the Truth in Lending
Act (15 U.S.C. 1632(c)) is amended by inserting ``and in section
128(e)'' before ``shall be''.
SEC. 4. ENFORCEMENT OF REQUIREMENTS FOR PRIVATE EDUCATION LOANS.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
amended--
(1) in subsection (a), in the fourth sentence of the
undesignated matter at the end, by inserting ``or section
128(e),'' before ``or for failing''; and
(2) in subsection (e), in the first sentence, by inserting
before the period the following: ``, except that, in the case
of a private education loan (as defined in section 127(e)),
such an action may be brought not later than one year after the
date on which the first monthly payment on the loan is due
after the student to whom the private student loan relates is
no longer enrolled at an institution of higher education,
unless full repayment begins earlier with no deferral of
interest or principal''.
SEC. 5. DISCLOSURES OF FEDERAL LOAN AVAILABILITY.
(a) Disclosure Required.--The Board shall issue regulations in
final form not later than 6 months after the date of enactment of this
Act to require each lender to disclose in accordance with subsection
(b), contemporaneously with the disclosures required under paragraphs
(1) and (2) of section 128(e) of the Truth in Lending Act (as added by
this Act), that the student borrower may be eligible for a Federal
education loan.
(b) Development and Testing of Disclosure Statement.--The Board
shall, in issuing regulations under subsection (a), develop and test
for readability a disclosure statement for student borrowers that--
(1) encourages students to maximize their use of Federal
education loans;
(2) discloses that Federal educational loans are less
costly than private education loans; and
(3) discloses the average rate of interest for Federal
educational loans.
(c) Format.--The disclosures developed under this section shall be
made in clear language and in a conspicuous location separate from the
disclosures made under section 128(e) of the Truth in Lending Act, as
added by this Act, using at least size 12 point font.
(d) Definitions.--As used in this section--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System ;
(2) the term ``Federal education loan'' means a loan that
is --
(A) made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.); and
(B) is issued for postsecondary educational
expenses to a student, or the parent of the student,
regardless of whether the loan is provided through the
educational institution that the student attends or
directly to the student or parent from the lender;
(3) the term ``institution of higher education'' has the
same meaning as in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002);
(4) the term ``lender'' means a creditor, other than an
issuer of credit under a residential mortgage transaction, and
any agent thereof, as those terms are defined in section 103 of
the Truth in Lending Act; and
(5) the term ``private education loan'' means a private
loan provided by a lender that--
(A) is not made, insured, or guaranteed under any
Federal, State, or local government unit, including
under subtitle B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.); and
(B) is issued by a lender for postsecondary
educational expenses to a student, or the parent of the
student, regardless of whether the loan is provided
through the educational institution that the student
attends or directly to the student or parent from the
lender. | Private Student Loan Disclosure Enhancement Act of 2007 - Amends the Truth in Lending Act to subject private education loans to its consumer credit disclosure requirements.
Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Gives private student loan borrowers 30 days after the loan is approved and the required loan disclosure information is received to accept and consummate the loan transaction.
Subjects lenders to civil liability for violating such requirements. Requires civil actions to be brought within one year after the first monthly payment on the loan becomes due after the borrower leaves school, unless full repayment begins earlier.
Requires private student loan providers, when making the required loan disclosures, to inform borrowers of their possible eligibility for federal educational loans. Requires the Board of Governors of the Federal Reserve System to develop and test a student borrower disclosure statement that encourages students to use federal educational loans and discloses their average interest rate and the fact that they are less costly than private education loans. | A bill to amend the Truth in Lending Act, to improve disclosures for private student loans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Access to Compounded
Medications for Special Needs Patients Act''.
SEC. 2. PHARMACY COMPOUNDING.
Section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
353a) is amended--
(1) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(2) by inserting after subsection (a) the following:
``(b) Drug Products for Distribution to Practitioners.--Sections
501(a)(2)(B), 502(f)(1), and 505 shall not apply to a drug product if
the drug product is compounded and distributed to a practitioner where,
as permitted under State law, the drug product is used in the treatment
of or administered to a patient of the practitioner, and if the
compounding is by--
``(1) a licensed pharmacist in a State licensed pharmacy or
a Federal facility; or
``(2) a licensed physician.'';
(3) in subsection (c), as so redesignated--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and
inserting ``subsection (a) or (b)'';
(ii) in subparagraph (A)(i)(III), by
striking ``subsection (c)'' and inserting
``subsection (d)'';
(iii) in subparagraph (C), by striking ``;
and'' and inserting ``;'';
(iv) in subparagraph (D), by striking the
period and inserting ``; and''; and
(v) by adding at the end the following:
``(E) complies with standards contained within the
United States Pharmacopeial Convention General Chapters
pertaining to the compounding of drug products.'';
(B) in paragraph (2), by striking ``identified
individual patient, which produces for that patient''
and inserting ``identified individual patient for whom
the drug product is compounded under subsection (a) or
patients of a practitioner to whom the drug product is
compounded and dispensed under subsection (b), which
produces for that patient or patients'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``subsection (a)'' and
inserting ``subsection (a) or (b)'';
(ii) in subparagraph (B)--
(I) by amending clause (i) to read
as follows:
``(i) that has entered into a memorandum of
understanding with the Secretary that provides
for appropriate investigation by a State agency
of complaints relating to compounded drug
products distributed outside such State; or'';
and
(II) by amending clause (ii) to
read as follows:
``(ii) that has not entered into a
memorandum of understanding described in clause
(i) and the licensed pharmacist, licensed
pharmacy, or licensed physician distributes (or
causes to be distributed) compounded drug
products out of the State in which such
products are compounded in quantities that do
not exceed 5 percent of the total prescription
orders dispensed or distributed by such
pharmacy or physician.''; and
(iii) in the flush text, by striking
``National Association of Boards of Pharmacy''
and inserting ``States''; and
(D) by adding at the end the following:
``(4) Limitation on memorandum of understanding.--A
memorandum of understanding entered into under paragraph
(3)(B)(i) shall not create an unfunded mandate on a State.'';
(4) in subsection (d), as so redesignated--
(A) in paragraph (1), by striking ``subsections
(b)(1)(A)(i)(III), (b)(1)(C), or (b)(3)(A)'' and
inserting ``subsections (c)(1)(A)(i)(III), (c)(1)(C),
or (c)(3)(A)''; and
(B) in paragraph (2), by striking ``subsection
(b)(1)(A)(i)(III)'' and inserting ``subsection
(c)(1)(A)(i)(III)''; and
(5) by amending subsection (f), as so redesignated to read
as follows:
``(f) Definitions.--
``(1) Compounding.--As used in this section, the term
`compounding' does not include mixing, reconstituting, or other
such acts that are performed in accordance with directions
contained in approved labeling provided by the product's
manufacturer and other manufacturer directions consistent with
that labeling.
``(2) Distribute.--For purposes of this section, the term
`distribute' does not include the dispensing of a compounded
drug product for an identified individual patient.''. | Saving Access to Compounded Medications for Special Needs Patients Act This bill amends the Federal Food, Drug, and Cosmetic Act to allow drugs to be compounded (manufactured at a small scale) and distributed to practitioners for treatment of, or administration to, patients of that practitioner. Currently, drugs may be compounded only for identified individual patients. (Compounded drugs do not need to meet certain requirements for drugs regarding manufacturing, labeling, or FDA approval.) Compounded drugs must comply with United States Pharmacopeia standards. A memorandum of understanding (MOU) between the FDA and a state regarding compounded drugs no longer must address interstate distribution of inordinate amounts of compounded drugs. Such an MOU must not create an unfunded mandate on a state. (Compounders in states that do not have an MOU with the FDA may not distribute more than 5% of their orders out of state.) | Saving Access to Compounded Medications for Special Needs Patients Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farmers to Africa and the Caribbean
Basin Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many African farmers and farmers in Caribbean Basin
countries use antiquated techniques to produce their crops,
which results in poor crop quality and low crop yields.
(2) Many of these farmers are losing business to farmers in
European and Asian countries who use advanced planting and
production techniques and are supplying agricultural produce to
restaurants, resorts, tourists, grocery stores, and other
consumers in Africa and Caribbean Basin countries.
(3) A need exists for the training of African farmers and
farmers in Caribbean Basin countries and other developing
countries in state-of-the-art farming techniques regarding
standard growing practices, insecticide and sanitation
procedures, and other farming methods that will produce
increased yields of more nutritious and healthful crops.
(4) African-American and other American farmers, including
banking and insurance professionals, are a ready source of
agribusiness expertise that would be invaluable for African
farmers and farmers in Caribbean Basin countries.
(5) A United States commitment is appropriate to support
the development of a comprehensive agricultural skills training
program for these farmers that focuses on--
(A) improving knowledge of insecticide and
sanitation procedures to prevent crop destruction;
(B) teaching modern farming techniques, including
the identification and development of standard growing
practices and the establishment of systems for
recordkeeping, that would facilitate a continual
analysis of crop production;
(C) the use and maintenance of state-of-the-art
farming equipment;
(D) expansion of small farming operations into
agribusiness enterprises through the development and
use of village banking systems and the use of
agricultural risk insurance pilot products, resulting
in increased access to credit for these farmers; and
(E) marketing crop yields to prospective purchasers
(businesses and individuals) for local needs and
export.
(6) The participation of African-American and other
American farmers and American agricultural farming specialists
in such a training program promises the added benefit of
improving access to African and Caribbean Basin markets for
American farmers and United States farm equipment and products
and business linkages for United States insurance providers
offering agricultural risk insurance products and technical
assistance.
(7) Existing programs that promote the exchange of
agricultural knowledge and expertise through the exchange of
American and foreign farmers have been effective in promoting
improved agricultural techniques and food security and thus the
extension of additional resources to such farmer to farmer
exchanges is warranted.
SEC. 3. FARMERS FOR AFRICA AND CARIBBEAN BASIN PROGRAM.
(a) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Agricultural farming specialist.--The term
``agricultural farming specialist'' means an individual trained
to transfer information and technical support relating to
agribusiness, food security, the mitigation and alleviation of
hunger, the mitigation of agricultural and farm risk,
maximization of crop yields, agricultural trade, and other
needs specific to a geographical location as determined by the
Secretary.
(3) Eligible farmer.--The term ``eligible farmer'' means an
individual owning or working on farm land (as defined by a
particular country's laws relating to property) in the sub-
Saharan region of the continent of Africa, in a Caribbean Basin
country, or in any other developing country in which the
Secretary determines there is a need for farming expertise or
for information or technical support described in paragraph
(2).
(4) Caribbean basin country.--The term ``Caribbean basin
country'' means a country eligible for designation as a
beneficiary country under section 212 of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2702).
(5) Program.--The term ``Program'' means the Farmers for
Africa and Caribbean Basin Program established under this
section.
(b) Establishment of Program.--The Secretary shall establish a
grant program, to be known as the ``Farmers for Africa and Caribbean
Basin Program'', to assist eligible organizations in carrying out
bilateral exchange programs whereby African-American and other American
farmers and American agricultural farming specialists share technical
knowledge with eligible farmers regarding--
(1) maximization of crop yields;
(2) use of agricultural risk insurance as financial tools
and a means of risk management (as allowed by Annex II of the
World Trade Organization rules);
(3) expansion of trade in agricultural products;
(4) enhancement of local food security;
(5) the mitigation and alleviation of hunger; and
(6) other ways to improve farming in countries in which
there are eligible farmers.
(c) Eligible Grantees.--The Secretary may make a grant under the
Program to--
(1) a college or university, including a historically black
college or university, or a foundation maintained by a college
or university; and
(2) a private organization or corporation, including
grassroots organizations, with an established and demonstrated
capacity to carry out such a bilateral exchange program.
(d) Terms of Program.--(1) It is the goal of the Program that at
least 1,000 farmers participate in the training program by December 31,
2005, of which at least 800 will be African farmers or farmers in
Caribbean Basin countries and 200 will be American farmers.
(2) Training under the Program will be provided to eligible farmers
in groups to ensure that information is shared and passed on to other
eligible farmers. Eligible farmers will be trained to be specialists in
their home communities and will be encouraged not to retain enhanced
farming technology for their own personal enrichment.
(3) Through partnerships with American businesses, the Program will
utilize the commercial industrial capability of businesses dealing in
agriculture to train eligible farmers on state-of-the-art equipment and
to introduce eligible farmers to the use of insurance as a risk
management tool.
(e) Selection of Participants.--(1) The selection of eligible
farmers, as well as African-American and other American farmers and
agricultural farming specialists, to participate in the Program shall
be made by grant recipients using an application process approved by
the Secretary.
(2) Participating farmers must meet certain educational
requirements and targets regarding the productivity of their farm or
agribusiness.
(f) Grant Period.--The Secretary may make grants under the Program
during a period of 5 years beginning on October 1 of the first fiscal
year for which funds are made available to carry out the Program.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2002 through 2006. | Farmers to Africa and the Caribbean Basin Act of 2001 - Directs the Secretary of Agriculture to establish the Farmers for Africa and Caribbean Basin Program to provide grants for exchange programs with African-American and other American farmers and other agricultural specialists and (sub-Saharan) African, Caribbean Basin, and other developing-nation farmers. | To supplement current activities in the exchange of agricultural and farming expertise by establishing a grant program to support bilateral exchange programs whereby African American and other American farmers share technical knowledge with African and Caribbean Basin farmers regarding maximization of crop yields, use of risk management tools, expansion of agricultural trade, use of new financial instruments to increase access to credit, and other ways to improve farming methods, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uranium Enrichment Decontamination
and Decommissioning Fund Reauthorization Act of 2009''.
SEC. 2. REAUTHORIZATION OF URANIUM ENRICHMENT DECONTAMINATION AND
DECOMMISSIONING FUND.
(a) Amounts in Fund.--Section 1802 of the Atomic Energy Act of 1954
(42 U.S.C. 2297g-1) is amended--
(1) in subsection (a)--
(A) by striking ``$518,233,333'' and inserting
``$790,000,000''; and
(B) by striking ``the Energy Policy Act of 1992''
and inserting ``the Uranium Enrichment Decontamination
and Decommissioning Fund Reauthorization Act of 2009'';
(2) in subsection (c), by inserting after ``adjusted for
inflation'' the following: ``beginning 1 year after the date of
enactment of the Energy Policy Act of 1992'';
(3) in subsection (d), by striking ``15 years after the
date of the enactment of this title'' and inserting ``12 years
after the date of enactment of the Uranium Enrichment
Decontamination and Decommissioning Fund Reauthorization Act of
2009''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``15 years after
the date of the enactment of this title'' and inserting
``12 years after the date of enactment of the Uranium
Enrichment Decontamination and Decommissioning Fund
Reauthorization Act of 2009''; and
(B) in paragraph (2), by striking ``under such
subsection'' and inserting ``during the 12-year period
beginning on the date of enactment of the Uranium
Enrichment Decontamination and Decommissioning Fund
Reauthorization Act of 2009''.
(b) Reports.--Section 1805 of the Atomic Energy Act of 1954 (42
U.S.C. 2297g-4) is amended--
(1) in the first sentence, by striking ``the date of the
enactment of this title'' and inserting ``the date of enactment
of the Uranium Enrichment Decontamination and Decommissioning
Fund Reauthorization Act of 2009''; and
(2) in the second sentence, by striking ``5th report
submitted under this section'' and inserting ``third report
submitted after the date of enactment of the Uranium Enrichment
Decontamination and Decommissioning Fund Reauthorization Act of
2009''.
SEC. 3. RE-ENRICHMENT PLAN.
(a) Plan.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Energy (referred to in this section as the
``Secretary'') shall develop, complete, and publish in the Federal
Register, a plan to re-enrich and sell certain cylinders of uranium
tailings.
(b) Contents.--The plan under subsection (a) shall provide for the
following:
(1) Re-enrichment requirement.--
(A) Requirement.--The Secretary shall seek to enter
into a contract with the operator of the Department of
Energy's uranium enrichment facility in Paducah,
Kentucky, for the re-enrichment of cylinders of uranium
tailings, with an assay of such value as the Secretary
finds economically suitable, located at Government-
owned uranium enrichment sites in Paducah, Kentucky,
and Portsmouth, Ohio.
(B) Amount.--A contract under subparagraph (A)
shall provide for re-enrichment at the Paducah facility
of 50 percent of the materials in the cylinders
described in subparagraph (A).
(C) Schedule.--A contract under subparagraph (A)
shall provide for re-enrichment to begin not later than
90 days after the date of the publication in the
Federal Register of the plan under this section.
(D) Suspension or cancellation.--The Secretary may
suspend or cancel a contract under subparagraph (A) for
re-enrichment, in accordance with the Federal
Acquisition Regulation, if the Secretary determines--
(i) the operator of the Paducah facility
has not fulfilled obligations regarding such
re-enrichment under the contract; or
(ii) economic considerations are not
conducive to carry out the contract at that
time.
(2) Sale of product of re-enrichment.--The Secretary shall
sell or contract for the sale of the product of re-enrichment
carried out pursuant to paragraph (1).
(3) Sale of remaining uranium tailings.--
(A) In general.--The Secretary shall sell 50
percent of the materials in the cylinders described in
subparagraph (A) of paragraph (1) to qualified buyers.
(B) Qualified buyer.--For purposes of this
paragraph, the term ``qualified buyer'' means any
entity licensed, under the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.), to possess materials in the
cylinders described in subparagraph (A) of paragraph
(1).
(C) Preference.--In selling the materials in the
cylinders described in subparagraph (A) of paragraph
(1), the Secretary shall give preference to qualified
buyers committed (as determined by the Secretary) to
re-enrichment of such materials in the United States.
(D) Additional contract for material not sold.--The
Secretary shall seek to enter into a contract with the
operator of the Department of Energy's uranium
enrichment facility in Paducah, Kentucky, for the re-
enrichment of any materials in the cylinders described
in subparagraph (A) of paragraph (1) not sold pursuant
to subparagraph (A) of this paragraph.
(4) Unable to contract.--If the Secretary does not enter
into a contract under subparagraph (A) of paragraph (1) within
270 days after the date of enactment of this Act, the Secretary
may do either or both of the following:
(A) Defer negotiation of such a contract until not
later than the last day of calendar year 2014.
(B) Sell the amount of the materials in the
cylinders described in subparagraph (B) of paragraph
(1) under terms consistent with the plan under this
section. | Uranium Enrichment Decontamination and Decommissioning Fund Reauthorization Act of 2009 - Amends the Atomic Energy Act of 1954 to reauthorize, and increase the maximum mandatory amounts in, the Uranium Enrichment Decontamination and Decommisioning Fund.
Requires the Secretary of Energy to develop, complete, and publish in the Federal Register a plan to re-enrich and sell certain cylinders of uranium tailings. | A bill to reauthorize the Uranium Enrichment Decontamination and Decommissioning Fund and to direct the Secretary of Energy to provide a plan for the re-enrichment of certain uranium tailings. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Railroad Administration
Performance, Personnel, and Enforcement Act of 1996''.
SEC. 2. REGIONAL SAFETY OFFICES.
Section 103(a) of title 49, United States Code, is amended by
striking the second and third sentences.
SEC. 3. ADMINISTRATOR'S QUALIFICATIONS.
Section 103(b) of title 49, United States Code, is amended by
inserting after ``consent of the Senate.'' the following new sentence:
``The Administrator shall be appointed on the basis of technical
qualification, professional standing, and demonstrated knowledge in
transportation, transportation regulation, or transportation safety.''.
SEC. 4. CONSULTATION WITH FEDERAL TRANSIT ADMINISTRATION.
Section 103(c) of title 49, United States Code, is amended by
inserting after paragraph (2) the following:
``The Administrator shall consult with the Federal Transit
Administration on all commuter rail passenger service matters within
the jurisdiction of the Administrator, and shall establish procedures
for regular oversight of such matters.''.
SEC. 5. FINAL AGENCY ACTION.
Subsection (d) of section 103 of title 49, United States Code, is
amended to read as follows:
``(d) A decision of the Administrator in carrying out a duty or
power specified by subsection (c)(1) and involving notice and hearing
required by law is administratively final. A failure by the Secretary,
by the Administrator, or by any person acting on behalf of the
Secretary or the Administrator, to comply with a statutory deadline for
regulatory action within the jurisdiction of the Administration shall
be considered a final agency action for purposes of judicial review.''.
SEC. 6. STUDY OF RULEMAKING PROCESS.
The Comptroller General shall, before October 1, 1997, complete and
transmit to the Congress a report detailing the results of a study of
the rulemaking process employed by the Federal Railroad Administration.
The study shall address--
(1) the adequacy of resources devoted to that rulemaking
process; and
(2) improvements that could be made in that process,
including achieving timely issuance of regulations required by
statute and adhering to statutory deadlines.
SEC. 7. CONVERSION OF HOURS OF SERVICE PROVISIONS TO ADMINISTRATIVE
REGULATIONS.
(a) Repeal.--(1) Chapter 211 of title 49, United States Code, and
the item relating thereto in the table of chapters of subtitle V of
title 49, are repealed.
(2) Paragraph (1) shall take effect on October 1, 1996.
(b) Conversion to Administrative Regulations.--On the repeal of
chapter 211 under subsection (a), the provisions of sections 21101
through 21107 of that chapter shall continue in effect with full force
and effect as if issued as administrative regulations by the Secretary
of Transportation under that chapter. Such provisions, and any
regulations issued by the Secretary relating thereto, shall be subject
to modification to the full extent of the Secretary's authority over
railroad safety matters under section 20103(a) of title 49, United
States Code.
SEC. 8. HOURS OF SERVICE PILOT PROJECTS.
(a) Amendment.--Chapter 201 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 20154. Hours of service pilot projects
``(a) Authority.--The Secretary of Transportation may approve the
implementation of pilot projects to demonstrate the possible benefits
of implementing alternatives to the strict application of the
requirements of chapter 211, regulations issued thereunder, and
successor regulations thereto, including requirements concerning
maximum on-duty and minimum off-duty periods. If, as of August 1, 1996,
less than 3 such projects are underway with projected completion dates
of not later than June 30, 1998, the Secretary shall order the
implementation of sufficient projects to ensure that at least 3 such
projects are underway no later than December 1, 1996.
``(b) Report.--Not later than June 30, 1998, the Secretary shall
transmit to the Congress a report that--
``(1) explains and analyzes the effectiveness of all pilot
projects established pursuant to subsection (a); and
``(2) recommends appropriate modifications to the
Secretary's hours of service regulations.''.
(b) Conforming Amendment.--The table of sections of chapter 201 of
title 49, United States Code, is amended by adding at the end the
following new item:
``20154. Hours of service pilot projects.''.
SEC. 9. TRAIN CONTROL SYSTEMS REPORTS.
(a) Amendment.--Chapter 201 of title 49, United States Code, as
amended by section 8 of this Act, is further amended by adding at the
end the following new section:
``Sec. 20155. Train control systems reports
``(a) Application of Train Control Systems to Commuter Corridors.--
Not later than December 31, 1997, the Secretary of Transportation shall
transmit to the Congress a report--
``(1) evaluating the current state of train control
technology suitable for application to commuter rail corridors;
and
``(2) proposing a practicable schedule for the installation
of such train control technology on key commuter rail
corridors.
``(b) Application of Advanced Train Control to the National Rail
Freight System.--Not later than June 30, 1998, the Secretary shall
transmit to the Congress a report--
``(1) evaluating the suitability of advanced train control
systems (including systems that employ radio frequency data
links and systems using the Global Positioning System) for
immediate use where appropriate on freight railroads' route
systems;
``(2) outlining a feasible schedule for installation of any
such suitable systems on major rail freight corridors; and
``(3) evaluating the costs and benefits of advanced train
control systems, including business benefits.''.
(b) Conforming Amendment.--The table of sections of chapter 201 of
title 49, United States Code, is amended by adding at the end the
following new item:
``20155. Train control systems reports.''.
SEC. 10. RAIL SAFETY PERFORMANCE-BASED STANDARDS.
(a) Amendment.--Section 20103 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(g) Performance-Based Standards.--The Secretary shall, to the
maximum extent feasible, adopt performance-based standards for
achieving rail safety in all activities to which this part applies. The
Secretary shall adopt a performance-based standard whenever--
``(1) the performance-based standard can reasonably be
expected to achieve an equal or greater level of safety than
alternative proposed or existing standards; and
``(2) the administrative and enforcement costs are not
significantly greater than those of other types of
standards.''.
(b) Report.--Not later than June 30, 1998, the Secretary of
Transportation shall transmit to the Congress a report on progress made
in implementing section 20103(g). Such report shall include an estimate
of the savings achieved, as a result of such implementation, in
administering rail safety programs as of the reporting date, as well as
a projection of savings expected to be achieved for each fiscal year
through September 30, 2002. Such report shall also include an analysis
of the effects of adopting performance-based standards on--
(1) railroad safety; and
(2) administrative and enforcement costs. | Federal Railroad Administration Performance, Personnel, and Enforcement Act of 1996 - Amends Federal transportation law with respect to the Federal Railroad Administration (FRA). Specifies general qualifications for the FRA Administrator. Makes administratively final any decision of the Administrator made in carrying out specified duties or powers and involving notice and hearing. Deems a final agency action any failure by the Secretary of Transportation, the Administrator, or by any person acting on behalf of one or the other to comply with a statutory deadline for regulatory action.
Directs the Comptroller General to study and report to the Congress on the FRA's rulemaking process.
Repeals hours of service requirements, converting them to administrative regulations subject to modification by the Secretary.
Authorizes the Secretary to approve pilot projects to demonstrate the possible benefits of implementing alternatives to the strict application of such hours of service requirements and any subsequent regulations, including maximum and minimum off-duty period requirements.
Requires the Secretary to report to the Congress on the application of: (1) train control systems to commuter corridors; and (2) advanced train control to the National Rail Freight System.
Directs the Secretary to adopt performance-based rail safety standards, and report to the Congress on progress in implementing them. | Federal Railroad Administration Performance, Personnel, and Enforcement Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lesser Prairie Chicken National
Habitat Preservation Area Act of 2007''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Sand Ranch Preservation Area is one of the best
strongholds of the Lesser Prairie Chicken and possibly the most
accessible place for the public to view them.
(2) The Preservation Area is also inhabited by the Sand
Dune Lizard, which is found nowhere else in the world except in
the sand dune blowout-shinnery oak habitat of southeast New
Mexico and adjacent areas of Texas.
(3) Both the Lesser Prairie Chicken and the Sand Dune
Lizard are species of concern which will only benefit from
additional conservation. Such conservation will be achieved
through the establishment of the Sand Ranch Preservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) State land.--The term ``State land'' means the land
administered by the Secretary, acting through the State,
consisting of approximately 5,018 acres, as depicted on the
map.
(2) Map.--The term ``map'' means the map titled ``Lesser
Prairie Chicken National Habitat Preservation Area and Land
Exchange'' and dated October 17, 2007.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 14,048 acres of State land, as depicted on
the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of New
Mexico.
(6) County.--The term ``County'' means the County of
Chaves.
(7) Preservation area.--The term ``Preservation Area''
means the Lesser Prairie Chicken National Habitat Preservation
Area.
SEC. 4. LAND EXCHANGE.
(a) In General.--The Secretary shall convey to the State all right,
title, and interest of the United States in and to the Federal land.
(b) Consideration.--As consideration for the conveyance of the
Federal land under subsection (a), the State shall convey to the United
States all right, title, and interest of the State in and to the non-
Federal land.
(c) Interests Included in Exchange.--Subject to valid existing
rights, the land exchange under this Act shall include the conveyance
of all surface, subsurface, mineral, and water rights to the Federal
land and non-Federal land.
(d) Compliance With Federal Land Policy and Management Act.--The
Secretary shall carry out the land exchange under this Act in
accordance with section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716).
(e) No Amendment to Management Plan Required.--The exchange of
Federal land and non-Federal land shall not require an amendment to the
Mimbres Resource Management Plan.
(f) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions for the land exchange as the
Secretary considers to be appropriate to protect the interests of the
United States.
SEC. 5. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA.
(a) Establishment; Purposes.--There is established in the County
the Lesser Prairie Chicken National Habitat Preservation Area to
protect, conserve, and enhance habitat for the Lesser Prairie Chicken.
(b) Boundaries.--The Preservation Area shall consist of
approximately 39,462 acres of public land in the County, including
those lands acquired under section 4, as generally depicted on the map.
(c) Maps and Legal Description.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Secretary shall submit to
Congress a map and legal description of the Preservation Area.
(2) Force and effect.--The map and legal description
submitted under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretary
may correct clerical and typographical errors in the map and
legal description.
(3) Public availability.--Copies of the map and legal
description submitted under paragraph (1) shall be on file and
available for public inspection in--
(A) the Office of the Director of the Bureau of
Land Management;
(B) the Office of the State Director;
(C) the Office of the Pecos District Manager of the
Bureau of Land Management; and
(D) the Office of the County Clerk in Roswell, New
Mexico.
SEC. 6. MANAGEMENT OF THE PRESERVATION AREA.
(a) In General.--The Secretary shall manage the Preservation Area--
(1) in a manner that protects, conserves, and enhances the
habitat for the Lesser Prairie Chicken; and (2) in accordance
with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) any other applicable laws.
(b) Uses.--
(1) In general.--The Secretary shall allow only uses of the
Preservation Area that the Secretary determines will further
the purposes for which the Preservation Area is established.
(2) Use of motorized vehicles.--Except as needed for
administrative purposes or to respond to an emergency, the use
of motorized vehicles or mechanized transport in the
Preservation Area shall be allowed only on roads and trails
designated for vehicular use under the management plan so long
as such use is in conformance with the purposes of this Act.
(c) Withdrawals.--Subject to valid existing rights (including lease
rights) and historic rights of access, all Federal land within the
Preservation Area and any land and interests in land acquired for the
Preservation Area by the United States after the date of the enactment
of this Act are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposal under the mineral leasing, mineral materials,
and geothermal leasing laws.
(d) Hunting and Trapping.--
(1) In general.--Subject to paragraph (2), hunting and
trapping shall be allowed in the Preservation Area.
(2) Limitations.--
(A) Regulations.--The Secretary may designate by
regulation areas in which, and establish periods during
which, for reasons of public safety, administration, or
compliance with applicable laws, no hunting or trapping
will be permitted in the Preservation Area.
(B) Consultation.--Except in emergencies, the
Secretary shall consult with, and obtain the approval
of, the appropriate State agency before promulgating
regulations under subparagraph (A) that close a portion
of the Preservation Area to hunting and trapping.
(e) Grazing.--The Secretary may allow grazing solely for the
purpose of vegetative management to enhance Lesser Prairie Chicken
habitat.
(f) No Buffer Zones.--
(1) In general.--There shall be no protective perimeter or
buffer zone around the Preservation Area.
(2) Activities outside preservation area.--The fact than an
activity or use of land is not permitted on land within the
Preservation Area shall not preclude the activity or use
outside the boundary of the Preservation Area or on private
land within the Preservation Area, consistent with other
applicable law.
(g) Acquisition of Land.--
(1) In general.--The Secretary may acquire non-Federal land
in the Preservation Area only--
(A) from a willing seller; and
(B) through purchase, exchange, or donation.
(2) Management.--Land acquired under paragraph (1) shall by
managed as part of the Preservation Area in accordance with
this Act.
(h) Interpretative Sites.--The Secretary may establish sites in the
Preservation Area to permit the interpretation of the historical,
cultural, scientific, archaeological, natural, and education resources
of the Preservation Area.
(i) Water Rights.--Nothing in this Act constitutes an express or
implied reservation of any water right.
SEC. 7. MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop a comprehensive plan
for the long-range protection and management of the Preservation Area.
(b) Contents.--The management plan shall--
(1) describe the appropriate uses and management of the
Preservation Area in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) other applicable laws;
(2) incorporate, as appropriate, decisions in any other
management or activity plan for the land within or adjacent to
the Preservation Area; and
(3) take into consideration--
(A) any information developed in studies of the
land within or adjacent to the Preservation Area; and
(B) the historical involvement of the local
community in the interpretation and protection of the
resources of the Preservation Area. | Lesser Prairie Chicken National Habitat Preservation Area Act of 2007 - Requires the exchange of certain federal and non-federal lands in New Mexico concerning the establishment under this Act of the Lesser Prairie Chicken Habitat Preservation Area in the County of Chaves, New Mexico.
Establishes the Preservation Area for the protection, conservation, and enhancement of habitat for the lesser prairie chicken. Provides for such area to comprise certain public land in the county, as well as those non-federal lands acquired under the land exchange.
Authorizes the Secretary of the Interior to: (1) only allow uses of the Preservation Area that will further the purposes for which it is established; and (2) acquire non-federal land in the Preservation Area only from a willing seller or through purchase, exchange, or donation.
Requires the Secretary to develop a plan for the long-range protection and management of the Preservation Area. | To provide for a land exchange involving State land and Bureau of Land Management land in Chaves and Dona Ana Counties, New Mexico, and to establish the Lesser Prairie Chicken National Habitat Preservation Area, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Energy Access Jobs Act'' or
the ``SEA Jobs Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the Bureau of Ocean Energy Management.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(3) Qualified revenues.--The term ``qualified revenues''
means all bonus bids, rentals and royalties (and other sums)
due and payable to the United States from all leases entered
into after the date of enactment of this Act that covers an
area in the South Atlantic planning area.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) South atlantic planning area.--The term ``South
Atlantic planning area'' means the area of the outer
Continental Shelf (as defined in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331)) that is located
between the northern lateral seaward administrative boundary of
the Commonwealth of Virginia and the southernmost lateral
seaward administrative boundary of the State of Georgia.
(6) State.--The term ``State'' means any of the following
States:
(A) Georgia.
(B) North Carolina.
(C) South Carolina.
(D) Virginia.
(7) Workforce investment board.--The term ``workforce
investment board'' means a State or local workforce investment
board established under subtitle B of title I of the Workforce
Investment Act of 1998 (29 U.S.C. 2811 et seq.).
SEC. 3. ENHANCING STATE RIGHTS.
(a) In General.--The Secretary shall promulgate regulations that
establish management of the surface occupancy of each portion of the
South Atlantic planning area for the applicable coastline of a State
for any lease sale authorized under this Act to the effect that--
(1) the applicable State shall have sole authority to
restrict or allow surface facilities above the waterline for
the purpose of production of oil or gas resources in any area
that is within 12 nautical miles seaward from the coastline of
the State;
(2) unless permanent surface occupancy is authorized by a
State, only sub-surface production facilities may be installed
in areas that are located between the point that is 12 nautical
miles from seaward from the coastline of the State and the
point that is 20 nautical miles seaward from the coastline of
the State;
(3) new offshore production facilities are encouraged and
the impacts on coastal vistas are minimized, to the maximum
extent practical; and
(4) onshore facilities that facilitate the development and
production of the oil and gas resources of the South Atlantic
planning area within 12 nautical miles seaward of the coastline
of a State are allowed.
(b) Temporary Activities Not Affected.--Nothing in the regulations
described in subsection (a) shall restrict, or give the States
authority to restrict, temporary surface activities related to
operations associated with outer Continental Shelf oil and gas leases.
SEC. 4. REINSTATEMENT OF VIRGINIA LEASE SALE 220.
Not later than 2 years after the date of enactment of this Act, the
Secretary shall conduct Lease Sale 220 (as described in the notice of
intent to prepare an environmental impact statement dated November 13,
2008 (73 Fed. Reg. 67201)).
SEC. 5. SOUTH CAROLINA LEASE SALE.
(a) In General.--Notwithstanding the exclusion of the South
Atlantic planning area in the outer Continental Shelf leasing program
for fiscal years 2012-2017 prepared under section 18 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1344), the Secretary shall
conduct a lease sale not later than 2 years after the date of enactment
of this Act in areas off the coast of the State of South Carolina--
(1) determined by the Secretary to have the most
geologically promising hydrocarbon resources; and
(2) that constitute not less than 25 percent of the
leasable area located within the offshore administrative
boundaries of the State of South Carolina depicted in the
notice entitled ``Federal Outer Continental Shelf (OCS)
Administrative Boundaries Extending from the Submerged Lands
Act Boundary seaward to the Limit of the United States Outer
Continental Shelf'', published January 3, 2006 (71 Fed. Reg.
127).
(b) Environmental Impact Statement.--The Secretary shall complete a
multisale environmental impact statement for the lease sales conducted
under subsection (a) and section 4.
SEC. 6. SOUTH ATLANTIC PLANNING AREA LEASE SALES.
(a) In General.--The Secretary shall conduct 3 lease sales in the
South Atlantic planning area before June 30, 2017, in areas--
(1) to be determined by the Secretary based on--
(A) analysis by the Bureau of Ocean Energy
Management; and
(B) industry nomination; and
(2) determined by the Secretary to contain the most
hydrocarbon resource potential.
(b) 2017-2022 Leasing Program.--The Secretary shall--
(1) include the South Atlantic planning area in the outer
Continental Shelf leasing program for fiscal years 2017-2022
prepared under section 18 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1344); and
(2) conduct 1 lease sale in the South Atlantic planning
area during each year of the program, for a total of 5 lease
sales.
SEC. 7. BALANCING OF MILITARY AND ENERGY PRODUCTION GOALS.
(a) In General.--In recognition that the outer Continental Shelf
oil and gas leasing program and the domestic energy resources produced
under the program are integral to national security, the Secretary and
the Secretary of Defense shall work jointly in implementing lease sales
under this Act--
(1) to preserve the ability of the Armed Forces of the
United States to maintain an optimum state of readiness through
their continued use of the outer Continental Shelf; and
(2) to allow effective exploration, development, and
production of the oil, gas, and renewable energy resources of
the United States.
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the outer Continental Shelf under a lease issued under
this Act that would conflict with any military operation, as determined
in accordance with--
(1) the agreement entitled ``Memorandum of Agreement
between the Department of Defense and the Department of the
Interior on Mutual Concerns on the Outer Continental Shelf''
signed July 20, 1983; and
(2) any revision or replacement for the agreement described
in paragraph (1) that is agreed to by the Secretary of Defense
and the Secretary after that date but before the date of
issuance of the lease under which the exploration, development,
or production is conducted.
SEC. 8. REVENUE SHARING AND DEFICIT REDUCTION.
Notwithstanding section 9 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1338), each fiscal year the Secretary shall deposit--
(1) 37.5 percent of the qualified revenues in a special
account in the Treasury, from which the Secretary shall
allocate amounts in accordance with section 9;
(2) 2.5 percent of the qualified revenues in the fund
established by section 10(b)(1), from which the Secretary shall
allocate amounts in accordance with that section;
(3) 10 percent of the qualified revenues dedicated towards
deficit reduction; and
(4) 50 percent of the qualified revenues in the general
fund of the Treasury.
SEC. 9. ALLOCATION TO STATES.
(a) In General.--Of the qualified revenues deposited in the account
under section 8(1), 37.5 percent shall be distributed to each State--
(1) using the formula established under subsection (b); and
(2) in amounts that are inversely proportional to the
respective distances between the point on the coastline of each
State that is closest to the geographic center of the
applicable leased tract and the geographic center of the leased
tract.
(b) Formula.--The formula used to make the calculation under
subsection (a) shall be--
(1) established by the Secretary by regulation; and
(2) modeled after the final rule entitled ``Allocation and
Disbursement of Royalties, Rentals, and Bonuses--Oil and Gas,
Offshore'', dated December 23, 2008 (73 Fed. Reg. 78622).
(c) Minimum Allocation.--Each State shall be entitled to an amount
equal to not less than 10 percent of the qualified revenues allocated
under subsection (a).
(d) Use of Funds.--A State receiving amounts under this section may
use the amounts in accordance with State law.
SEC. 10. VETERANS JOBS GRANT PROGRAM AUTHORIZED.
(a) Establishment of Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund, to be known as the ``Oil and Gas
Production Veterans Workforce Training Fund'' (referred to in
this section as the ``Fund''), consisting of such amounts as
are transferred to the Fund under section 8(2).
(2) Administration.--The Fund shall be administered by the
Secretary to fund the grants authorized by subsection (b).
(b) Grants Authorized.--
(1) In general.--The Secretary, acting through the
Director, shall award grants on a competitive basis to eligible
institutions of higher education and workforce investment
boards to establish and fund oil and gas exploration,
development, and production workforce training programs.
(2) Eligibility.--To be eligible to receive a grant under
this section, an institution of higher education or workforce
investment board shall--
(A) establish or expand and administer an oil and
gas exploration, development, and production workforce
training program; and
(B) in granting admission to applicants to the
program, give priority to veterans of the Armed Forces
of the United States.
(3) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
(4) Limitation on administrative expenses.--Not more than
0.5 percent of the amounts made available to carry out this
section may be used to pay for the administrative expenses of
the programs described in paragraph (1).
SEC. 11. ENHANCING GEOLOGICAL AND GEOPHYSICAL EDUCATION FOR AMERICA'S
ENERGY FUTURE.
(a) In General.--The Secretary, acting through the Director, shall
partner with institutions of higher education selected under subsection
(c) to facilitate the practical study of geological and geophysical
sciences of areas on the Atlantic Outer Continental Shelf and elsewhere
on the Continental Shelf of the United States.
(b) Focus.--Activities conducted by institutions of higher
education under this section shall focus all geological and geophysical
scientific research on obtaining a better understanding of hydrocarbon
potential in the South Atlantic Planning Area while fostering the study
of the geological and geophysical sciences at institutions of higher
education in the United States.
(c) Selection of Institutions.--
(1) Nomination.--Not later than 180 days after the date of
enactment of this Act, the Governor of each State may nominate
for participation in a partnership--
(A) 1 institution of higher education located in
the State; and
(B) 1 institution of higher education that is a
historically Black college or university, as defined in
section 631(a) of the Higher Education Act of 1965 (20
U.S.C. 1132(a)) located in the State.
(2) Preference.--In making nominations under paragraph (1),
each Governor shall give preference to those institutions of
higher education that demonstrate a vigorous rate of admissions
of veterans of the Armed Forces of the United States and meet
the criteria described in paragraph (3).
(3) Selection.--The Director shall select as a partner any
institution of higher education nominated under paragraph (1)
that the Director determines demonstrates excellence in 1 or
more of the following criteria:
(A) Geophysical sciences curriculum.
(B) Engineering curriculum.
(C) Information technology or other technical
studies related to seismic research, including data
processing.
(d) Research Authority.--
(1) In general.--Except as provided in paragraph (2), an
institution of higher education selected under subsection
(c)(3) may conduct research under this section upon the
expiration of the 30-day period beginning on the date the
institution of higher education submits notice of the research
to the South Atlantic Regional Director of the Bureau of Ocean
Energy Management.
(2) Permit required.--An institution of higher education
may not under this section conduct research that uses solid or
liquid explosives except as authorized by a permit issued by
the Director.
(e) Data.--
(1) In general.--Geological and geophysical activities
conducted under this section--
(A) shall be considered scientific research and
data produced by the activities;
(B) shall not be used or shared for commercial
purposes;
(C) shall not be produced for proprietary use or
sale; and
(D) shall be made available by the Director to the
public.
(2) Submission of data to boem.--Not later than 60 days
after completion of initial analysis of data collected under
this section by an institution of higher education selected
under subsection (c)(3), the institution of higher education
shall share with the Bureau of Ocean Energy Management any data
collected that is requested by the Bureau of Ocean Energy
Management.
(3) Fees.--The Director may not charge any fee for the
provision of data produced in research under this section,
other than a data reprocessing fee to pay the cost of
duplicating the data.
(f) Report.--Not less frequently than once every 180 days, the
Director shall submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Natural Resources of the House of
Representatives a report on the data derived from partnerships under
this section.
SEC. 12. ATLANTIC REGIONAL OFFICE.
Not later than the last day of the outer Continental Shelf leasing
program for fiscal years 2012-2017 prepared under section 18 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1344), the Director shall
establish an Atlantic regional office in an area that is--
(1) included in the outer Continental Shelf leasing program
for fiscal years 2017-2022 prepared under section 18 of that
Act; and
(2) determined by the Director to have the most potential
resource development. | Southern Energy Access Jobs Act or the SEA Jobs Act - Directs the Secretary of the Interior (Secretary) to promulgate regulations that establish management of the surface occupancy of each portion of the South Atlantic planning area for the coastline of a state for any lease sale authorized under this Act. Requires the state under such regulations to have sole authority to restrict or allow surface facilities above the waterline for the purpose of producing oil or gas resources in any area within 12 nautical miles seaward from its coastline. Allows the installation of only sub-surface production facilities in areas located between points 12 and 20 nautical miles seaward from the state coastline, unless the state authorizes permanent surface occupancy. Requires new offshore production facilities to be encouraged and the impacts on coastal vistas minimized. Requires that onshore facilities be allowed that facilitate development and production of oil and gas resources of the South Atlantic planning area within 12 nautical miles seaward of a state coastline. Directs the Secretary to conduct Virginia Lease Sale 220. Requires the Secretary to conduct a lease sale within two years after enactment of this Act in areas off the coast of South Carolina that: (1) have the most geologically promising hydrocarbon resources, and (2) constitute at least 25% of the leasable area located within certain offshore administrative boundaries. Requires the Secretary to conduct before June 30, 2017, three lease sales in the South Atlantic planning area that contains the most hydrocarbon resource potential. Directs the Secretary to: (1) include the South Atlantic planning area within a specified outer Continental Shelf (OCS) leasing program for FY2017-FY2022; and (2) conduct one lease sale in the South Atlantic planning area during each year of the program, for a total of five lease sales. Directs the Secretary and the Secretary of Defense (DOD) to implement lease sales jointly to: (1) preserve the ability of the Armed Forces to maintain an optimum state of readiness through their continued use of the OCS; and (2) allow exploration, development, and production of U.S. oil, gas, and renewable energy resources. Prohibits exploration, development, or production of oil or natural gas on the OCS that would conflict with military operations set forth in specified documents. Prescribes specified percentages of qualified revenues for: (1) deposit into the Treasury, (2) deficit reduction, and (3) allocation to certain states. Establishes the Oil and Gas Production Veterans Workforce Training Fund. Requires the Secretary, acting through the Director of the Bureau of Ocean Energy Management (BOEM), to partner with certain institutions of higher education to facilitate the study of geological and geophysical sciences on the Atlantic OCS and elsewhere on the U.S. Continental Shelf. Requires the BOEM Director to establish an Atlantic regional office in an area with the most potential resource development that is also in a certain OCS leasing program for FY2017-FY2022. | SEA Jobs Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Patient Access to Cancer
Treatment Act of 2013''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) The National Cancer Institute estimates that
approximately 13.7 million Americans with a history of cancer
were alive on January 1, 2012.
(2) About 8 million of the 13.7 million Americans living
with cancer are over age 65, and approximately half of cancer
care spending is associated with Medicare beneficiaries.
(3) National spending on cancer care in 2010 is estimated
at $125 billion.
(4) In 2011, the National Cancer Institute released
projections of the cost of cancer care in the United States,
finding the total cost of cancer care in 2020 is expected to be
$206 billion.
(5) In a 2010 study, Milliman reported that in 2007 a
cancer patient receiving chemotherapy incurred average costs of
approximately $111,000, three times the cost of a coronary
artery disease patient, and six times the cost of a diabetes
patient.
(6) Over the last several years, the United States has been
touted as world leader in providing high-quality cancer care.
(7) United States cancer survival rates are higher than the
average in Europe and Canada for 13 of 16 types of cancer.
(8) Until recently, over 80 percent of United States cancer
patients received care in the community setting.
(9) Over the past several years, the country has
experienced a significant shift of outpatient cancer care
delivery from the physician's office to the hospital outpatient
department.
(10) Reports show that over the past six years, 43
community practices have started referring all of their
patients elsewhere for treatment, 288 oncology office locations
have closed, 131 practices have merged or were acquired by a
corporate entity other than a hospital, and 469 oncology groups
have entered into an employment or professional services
agreement with a hospital.
(11) Over 1,000 clinics or practices have been impacted
over the last 3 years out of a population of only 6,000
oncologists in community practice in the United States.
(12) A 2013 study published by The Moran Company (``Moran
study'') found that, between 2005 and 2011, there was a 150
percent increase in administered chemotherapy in the hospital
outpatient setting for Medicare fee-for-service beneficiaries
(increasing from 13.5 percent in 2005 to 33.0 percent in 2011)
as compared to administration in physician community cancer
clinics.
(13) The Moran study found that, in 2005, almost 87 percent
of Medicare patients were receiving their care in the community
setting, by 2011 only 67 percent were utilizing the community
setting.
(14) The Moran study reports that Medicare payments for
chemotherapy administered in hospital outpatient settings have
more than tripled since 2005 (from $90 million to $300 million)
while payments to physician community cancer clinics have
actually decreased by 14.5 percent.
(15) The Medicare physician fee schedule rate in 2012 for
CPT Code 96413 (Chemo, iv infusion, 1 hr), the most common drug
administration code billed by oncology practices, is $139 but
the payment rate for the same service under the Medicare
hospital outpatient prospective payment system (HOPPS) fee
schedule in 2012 is 50 percent higher at $208.
(16) Utilization-weighted Medicare payment for infusion
services is approximately 55 percent higher at the hospital
outpatient department than in a physician's office.
(17) Medicare proposed in 2012 to pay hospital outpatient
departments 25 percent more for radiation therapy services than
for the same services performed in physicians' offices,
including a 70 percent differential for intensity modulated
radiation treatment (IMRT) and a 188 percent differential for
stereotactic body radiation therapy delivery (SBRT).
(18) One third of hospitals in the United States purchase
chemotherapy drugs through the section 340B program at a
discount of up to 50 percent, resulting in a net cost to such
hospitals that typically is at least 30 percent below
reimbursement rate (which is based on 106 percent of the
average sales price) for community oncologists for such drugs.
(19) Medicare reimburses 70 percent of hospital bad debt
(uncollectable coinsurance).
(20) According to an October 2011 Milliman study, the cost
of treating cancer patients is significantly lower for both
Medicare patients (10 percent lower in copayment amounts, more
than $650 savings a year) and the Medicare program (14.2
percent less, a savings of $6,500 a year per patient) when
provided in community-based cancer settings as compared to the
same treatment in hospital outpatient departments.
(21) The April 1, 2013, sequestration cuts to Medicare
allowed for a 28 percent cut to the services reimbursement in
Medicare part B drugs to community oncologists.
(22) A recent Community Oncology Alliance survey showed
that 69 percent of practices surveyed reported that patient
treatment or operational changes already have been made due to
the sequester cut to cancer drugs, with 49 percent of practices
forced to send Medicare patients elsewhere for treatment, and
62 percent of practices reported that they will be forced to
send Medicare patients elsewhere for treatment if the
sequestration cuts stay in place through July 31, 2013.
(23) The June 2013 report of the Medicare Payment Advisory
Commission highlighted the large disparities in payment in
outpatient settings and noted that the payment variations
across settings should be addressed quickly due to the fact
that current disparities have created incentives for hospitals
to buy physician practices, driving up costs for the Medicare
program and for beneficiaries.
(b) Sense of Congress.--It is the sense of Congress that, to ensure
the future of community cancer care, Medicare reimbursement should be
equal for the same service provided to a cancer patient regardless of
whether the service is delivered in the hospital outpatient department
or physician's office.
SEC. 3. EQUALIZING MEDICARE REIMBURSEMENT IN HOSPITAL OUTPATIENT
DEPARTMENTS AND PHYSICIANS' OFFICES FOR CANCER CARE
SERVICES.
(a) In General.--Section 1833(t) of the Social Security Act (42
U.S.C. 1395l(t)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in subparagraph (H), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after subparagraph (H) the
following new subparagraph:
``(I) payment for covered OPD services that are
cancer care services (as defined in subparagraph (B) of
paragraph (18)) shall be made consistent with
subparagraph (A) of such paragraph.''; and
(2) by adding at the end the following new paragraph:
``(18) Special payment rule for cancer care services.--
``(A) In general.--In the case of cancer care
services that are furnished on or after January 1,
2014, the payment amount for such services under this
subsection and under section 1848 shall be a budget
neutral combination (as determined by the Secretary)
of--
``(i) the amount otherwise payable under
this subsection for such services; and
``(ii) the amount otherwise payable under
section 1848 for such services.
``(B) Cancer care services defined.--For purposes
of this subsection, the term `cancer care services'
means covered OPD services or physicians' services for
which payment is made under section 1848 that are
furnished in conjunction with the diagnosis or
treatment of cancer.''.
(b) Conforming Amendment.--Section 1848(a) of Social Security Act
(42 U.S.C. 1395w-4(a)) is amended by adding at the end the following
new paragraph:
``(9) Application of special rule for cancer care
services.--In the case of physicians' services that are cancer
care services (as defined in subparagraph (B) of section
1833(t)(18)) that are furnished on or after January 1, 2014,
the payment amount for such services under this section shall
be the payment amount for such services determined under
subparagraph (A) of such section.''. | Medicare Patient Access to Cancer Treatment Act of 2013 - Expresses the sense of Congress that, to ensure the future of community cancer care, Medicare reimbursement should be equal for the same service provided to a cancer patient regardless of whether the service is delivered in the hospital outpatient department (OPD) or physician's office. Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to the prospective payment system (PPS) for OPD services to require that the payment amount under PPS and physician fee schedules for covered OPD cancer services be a budget neutral combination of the amount otherwise payable under the PPS and the amount otherwise payable under the physician fee schedule for such services. | Medicare Patient Access to Cancer Treatment Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John's Law of 2002''.
SEC. 2. LIABILITY FOR PERMITTING AN INTOXICATED ARRESTEE TO OPERATE A
MOTOR VEHICLE.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Liability for permitting an intoxicated arrestee to operate
a motor vehicle
``(a) Definition of Motor Vehicle.--In this section, the term
`motor vehicle' means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but does not include
a vehicle operated only on a rail.
``(b) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 2005.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2004, if the State does not meet the requirements of
paragraph (3) on that date.
``(2) Subsequent fiscal years.--The Secretary shall
withhold 10 percent of the amount required to be apportioned to
any State under each of paragraphs (1), (3), and (4) of section
104(b) on October 1, 2005, and on October 1 of each fiscal year
thereafter, if the State does not meet the requirements of
paragraph (3) on that date.
``(3) Requirements.--A State meets the requirements of this
paragraph if the State has enacted and is enforcing a law that
is substantially as follows:
``(A) Written statement.--If a person is summoned
by or on behalf of a person who has been arrested for
public intoxication in order to transport or accompany
the arrestee from the premises of a law enforcement
agency, the law enforcement agency shall provide that
person with a written statement advising him of his
potential criminal and civil liability for permitting
or facilitating the arrestee's operation of a motor
vehicle while the arrestee remains intoxicated. The
person to whom the statement is issued shall
acknowledge, in writing, receipt of the statement, or
the law enforcement agency shall record the fact that
the written statement was provided, but the person
refused to sign an acknowledgment. The State shall
establish the content and form of the written statement
and acknowledgment to be used by law enforcement
agencies throughout the State and may issue directives
to ensure the uniform implementation of this
subparagraph. Nothing in this subparagraph shall impose
any obligation on a physician or other health care
provider involved in the treatment or evaluation of the
arrestee.
``(B) Impoundment of vehicle operated by arrestee;
conditions of release; fee for towing, storage.--
``(i) If a person has been arrested for
public intoxication, the arresting law
enforcement agency shall impound the vehicle
that the person was operating at the time of
arrest.
``(ii) A vehicle impounded pursuant to this
subparagraph shall be impounded for a period of
12 hours after the time of arrest or until such
later time as the arrestee claiming the vehicle
meets the conditions for release in clause
(iv).
``(iii) A vehicle impounded pursuant to
this subparagraph may be released to a person
other than the arrestee prior to the end of the
impoundment period only if--
``(I) the vehicle is not owned or
leased by the person under arrest and
the person who owns or leases the
vehicle claims the vehicle and meets
the conditions for release in clause
(iv); or
``(II) the vehicle is owned or
leased by the arrestee, the arrestee
gives permission to another person, who
has acknowledged in writing receipt of
the statement to operate the vehicle
and the conditions for release in
clause (iv).
``(iv) A vehicle impounded pursuant to this
subparagraph shall not be released unless the
person claiming the vehicle--
``(I) presents a valid operator's
license, proof of ownership or lawful
authority to operate the vehicle, and
proof of valid motor vehicle insurance
for that vehicle;
``(II) is able to operate the
vehicle in a safe manner and would not
be in violation driving while
intoxicated laws; and
``(III) meets any other conditions
for release established by the law
enforcement agency.
``(v) A law enforcement agency impounding a
vehicle pursuant to this subparagraph is
authorized to charge a reasonable fee for
towing and storage of the vehicle. The law
enforcement agency is further authorized to
retain custody of the vehicle until that fee is
paid.
``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (b) from apportionment to any State
shall remain available until the end of the fourth fiscal year
following the fiscal year for which the funds are authorized to
be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (b) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (a)(3), the Secretary
shall, on the first day on which the State meets the
requirements, apportion to the State the funds withheld under
subsection (b) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--
``(A) In general.--Any funds apportioned under
paragraph (2) shall remain available for expenditure
until the end of the third fiscal year following the
fiscal year in which the funds are so apportioned.
``(B) Treatment of certain funds.--Any funds
apportioned under paragraph (2) that are not obligated
at the end of the period referred to in subparagraph
(A) shall be allocated equally among the States that
meet the requirements of subsection (a)(3).
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (b) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (a)(3), the funds shall be allocated equally among
the States that meet the requirements of subsection (a)(3).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by adding at the end the
following:
``165. Liability for permitting an intoxicated arrestee to operate a
motor vehicle.''. | John's Law of 2002 - Directs the Secretary of Transportation to withhold specified Federal highway funds from a State that fails to enact and enforce a law that requires: (1) an agency to provide an individual summoned to transport or accompany a person who has been arrested for public intoxication with a written statement advising that individual of his or her potential criminal and civil liability for permitting or facilitating the arrestee's operation of a motor vehicle while the arrestee remains intoxicated; and (2) a law enforcement agency to impound the vehicle of a person arrested for public intoxication for a period of 12 hours or until such later time as the person is able to operate the vehicle in a safe manner and not in violation of driving while intoxicated laws.Allows withheld funds to: (1) remain available for apportionment to the State (once it meets Act requirements) for four years; (2) remain available for expenditure for three fiscal years after apportionment; and (3) be redistributed to other States if the originally targeted State is not in compliance, or the funds are not obligated for expenditure, within such periods. | A bill to amend title 23, United States Code, to provide for criminal and civil liability for permitting an intoxicated arrestee to operate a motor vehicle. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promotion and Expansion of Private
Employee Ownership Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on January 1, 1998--nearly 25 years after the Employee
Retirement Income Security Act of 1974 was enacted and the
employee stock ownership plan (hereafter in this section
referred to as an ``ESOP'') was created--employees were first
permitted to be owners of subchapter S corporations pursuant to
the Small Business Job Protection Act of 1996 (Public Law 104-
188);
(2) with the passage of the Taxpayer Relief Act of 1997
(Public Law 105-34), Congress designed incentives to encourage
businesses to become ESOP-owned S corporations;
(3) since that time, several thousand companies have become
ESOP-owned S corporations, creating an ownership interest for
several million Americans in companies in every State in the
country, in industries ranging from heavy manufacturing to
technology development to services;
(4) while estimates show that 40 percent of working
Americans have no formal retirement account at all, every
United States worker who is an employee-owner of an S
corporation company through an ESOP has a valuable qualified
retirement savings account;
(5) recent studies have shown that employees of ESOP-owned
S corporations enjoy greater job stability than employees of
comparable companies;
(6) studies also show that employee-owners of S corporation
ESOP companies have amassed meaningful retirement savings
through their S ESOP accounts that will give them the means to
retire with dignity;
(7) under the Small Business Act (15 U.S.C. 631 et seq.)
and the regulations promulgated by the Administrator of the
Small Business Administration, a small business concern that
was eligible under the Small Business Act for the numerous
preferences of the Act is denied treatment as a small business
concern after an ESOP acquires more than 49 percent of the
business, even if the number of employees, the revenue of the
small business concern, and the racial, gender, or other
criteria used under the Act to determine whether the small
business concern is eligible for benefits under the Act remain
the same, solely because of the acquisition by the ESOP; and
(8) it is the goal of Congress to both preserve and foster
employee ownership of S corporations through ESOPs.
SEC. 3. DEFERRAL OF TAX FOR CERTAIN SALES OF EMPLOYER STOCK TO EMPLOYEE
STOCK OWNERSHIP PLAN SPONSORED BY S CORPORATION.
(a) In General.--Subparagraph (A) of section 1042(c)(1) of the
Internal Revenue Code of 1986 (defining qualified securities) is
amended by striking ``domestic C corporation'' and inserting ``domestic
corporation''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales after the date of the enactment of this Act.
SEC. 4. DEPARTMENT OF TREASURY TECHNICAL ASSISTANCE OFFICE.
(a) Establishment Required.--Before the end of the 90-day period
beginning on the date of enactment of this Act, the Secretary of
Treasury shall establish the S Corporation Employee Ownership
Assistance Office to foster increased employee ownership of S
corporations.
(b) Duties of the Office.--The S Corporation Employee Ownership
Assistance Office shall provide--
(1) education and outreach to inform companies and
individuals about the possibilities and benefits of employee
ownership of S corporations; and
(2) technical assistance to assist S corporations in
sponsoring employee stock ownership plans.
SEC. 5. SMALL BUSINESS AND EMPLOYEE STOCK OWNERSHIP.
(a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is
amended--
(1) by redesignating section 45 as section 46; and
(2) by inserting after section 44 the following:
``SEC. 45. EMPLOYEE STOCK OWNERSHIP PLANS.
``(a) Definitions.--In this section--
``(1) the term `ESOP' means an employee stock ownership
plan, as defined in section 4975(e)(7) of the Internal Revenue
Code of 1986, as amended; and
``(2) the term `ESOP business concern' means a business
concern that was a small business concern eligible for a loan
or to participate in a contracting assistance or business
development program under this Act before the date on which
more than 49 percent of the business concern was acquired by an
ESOP.
``(b) Continued Eligibility.--In determining whether an ESOP
business concern qualifies as a small business concern for purposes of
a loan, preference, or other program under this Act, each ESOP
participant shall be treated as directly owning his or her
proportionate share of the stock in the ESOP business concern owned by
the ESOP.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year beginning after the date
of the enactment of this Act. | Promotion and Expansion of Private Employee Ownership Act of 2011 - Amends the Internal Revenue Code to extend to all domestic corporations, including S corporations, provisions allowing deferral of tax on gain from the sale of employer securities to an S corporation-sponsored employer stock ownership plan (ESOP).
Directs the Secretary of the Treasury to establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations.
Amends the Small Business Act to define "ESOP business concern" and allow such a concern to continue to qualify for loans, preferences, and other programs under such Act. | A bill to amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Risk Information System
Authorization Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Environmental Protection Agency's Office of
Research and Development met a pressing national need when it
created the Integrated Risk Information System in 1985 to
disseminate scientific information on the toxicity of
chemicals.
(2) The Integrated Risk Information System (IRIS) is the
Nation's premier database for scientific information on the
toxicity of chemicals.
(3) Researchers, government officials, public health
experts, and members of the public all rely on IRIS for
information about health risks associated with exposure to
chemicals with some 9 million inquiries of the database each
year.
(4) IRIS provides important scientific information that
supports the development of risk assessments of chemicals.
(5) An estimated 700 new chemicals enter the marketplace in
the United States each year, presenting a constant challenge to
keep the IRIS database up-to-date.
(6) The Environmental Protection Agency Office of Research
and Development's efforts to enter new scientific information
about the toxicity of chemicals into the IRIS database has
ground to a halt in recent years due to an overly burdensome
review process.
(7) The burdensome new review process has slowed new
entries to the IRIS database to an average of just 2 per year.
(8) The Nation needs more, and more timely, scientific
assessments of chemicals to guide further research and to
inform decisions.
(9) The development and review of chemical assessments for
inclusion in the IRIS database must be a science-based process
managed by the Environmental Protection Agency's Office of
Research and Development, and this Office must move more
expeditiously to produce assessments without interference by
other Federal offices.
SEC. 3. DEFINITION.
In this Act, the term ``Assistant Administrator'' means the
Assistant Administrator for the Office of Research and Development of
the Environmental Protection Agency.
SEC. 4. RESEARCH AND ASSESSMENT.
(a) Database.--The Assistant Administrator shall maintain a
publicly accessible database of scientific information on the toxicity
of chemicals, including--
(1) hazard identification;
(2) dose response assessments;
(3) reference doses; and
(4) any other information that would facilitate the
development of risk assessments.
(b) Final Assessments.--The Assistant Administrator shall publish
final assessments for at least 15 new chemicals per year and shall
publish at least 5 updates to existing assessments per year.
(c) Nominations for Toxicity Assessments.--The Assistant
Administrator shall solicit nominations for chemical assessments from
Environmental Protection Agency program offices, other Federal
agencies, State, local, and tribal governments, and the public.
(d) List.--The Assistant Administrator shall issue a list of
chemicals proposed for assessment 2 years prior to the initiation of a
chemical's assessment. A chemical assessment shall be completed and
made available on the database maintained under subsection (a) within 4
years after its appearance on a list under this subsection. Such list
shall not be subject to review or approval by any other Federal agency
or official.
SEC. 5. ASSESSMENT REVIEW.
(a) In General.--The Assistant Administrator shall determine the
information to be used to assess a chemical and shall establish a
process for reviewing a chemical assessment prior to its inclusion on
the database maintained under section 4(a). The process shall include
the following:
(1) Opportunity for public comment by the stakeholder
community, including other Federal agencies that will use the
database.
(2) Opportunity for internal deliberation and review in
cooperation with other Federal agencies with statutory
responsibilities over public health or whose primary mission is
to conduct or support research in the areas of public health or
environmental protection.
(3) Peer review of the chemical assessment by independent
scientists prior to its publication in the database.
(b) Exclusions.--In establishing the process in subsection (a), the
Assistant Administrator shall ensure that--
(1) Federal agencies with a real or perceived conflict of
interest shall not participate in the development or internal
review of chemical assessments; and
(2) the Assistant Administrator shall develop and review
chemical assessments without review by the President and shall
publish final assessments without prior review by the President
or any other Federal agency or official.
SEC. 6. INAPPLICABILITY OF BULLETINS.
The preparation and review of chemical assessments shall not be
subject to the provisions of Bulletin No. 07-02, Final Bulletin for
Agency Good Guidance Practices and the Final Information Quality
Bulletin for Peer Review of the Office of Management and Budget.
SEC. 7. BACKLOG OF CHEMICAL ASSESSMENTS.
For chemical assessments that have been in development for IRIS
entries prior to the date of enactment of this Act, the Assistant
Administrator shall finalize and publish those entries within 6 months
after the date of enactment of this Act. | Integrated Risk Information System Authorization Act - Requires the Assistant Administrator for the Office of Research and Development of the Environmental Protection Agency (EPA) to maintain a publicly accessible database of scientific information on the toxicity of chemicals, including hazard identification, dose response assessments, reference doses, and other information that would facilitate the development of risk assessments.
Requires the Assistant Administrator to: (1) publish final assessments for at least 15 new chemicals per year and at least five updates to existing assessments per year; (2) solicit nominations for chemical assessments; (3) issue a list of chemicals proposed for assessment two years prior to initiation of the assessment, which shall be made available on the database within four years of its appearance on such list; (4) determine the information to be used to assess chemicals and establish a process for reviewing chemical assessments prior to their inclusion on the database; (5) ensure that federal agencies with real or perceived conflicts of interests do not participate in the development or internal review of chemical assessments; and (6) finalize and publish within six months chemical assessments that have been in development for Integrated Risk Information System entries prior to this Act's enactment.
Declares that such list is not subject to review or approval by other federal agencies or officials. Requires the Assistant Administrator to develop and review chemical assessments without review by the President and to publish final assessments without prior review by the President or other federal agencies or officials. Prohibits the preparation and review of chemical assessments from being subject to the provisions of Bulletin No. 07-02, Final Bulletin for Agency Good Guidance Practices, and the Final Information Quality Bulletin for Peer Review of the Office of Management and Budget (OMB). | To increase research, the synthesis of research findings, and the production of scientific information on chemicals, and to expedite the listing of information in the Integrated Risk Information System maintained by the Office of Research and Development of the Environmental Protection Agency. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Investment Recovery Act of
2000''.
SEC. 2. RECOUPMENT REQUIREMENT.
Each transaction entered into by an agency of the Federal
Government under which Federal support is provided for research and
development which leads or may lead to the production and sale of a
pharmaceutical, biologic, or genetic product shall include provisions
requiring that payments described in section 4 shall be paid annually
to the Federal agency for deposit in the Public Investment Recovery
Trust Fund established under section 6.
SEC. 3. PUBLIC INVESTMENT RECOVERY BOARD.
(a) Establishment.--There shall be established a Public Investment
Recovery Board, consisting of--
(1) a chairperson, who shall be an employee of the National
Science Foundation appointed by the Director of the National
Science Foundation;
(2) a representative of the Internal Revenue Service;
(3) a representative of the Food and Drug Administration;
(4) a representative of the Department of the Treasury;
(5) a representative of the National Institutes of Health;
(6) a representative of the Office of Science and
Technology Policy; and
(7) 3 nonvoting members appointed under subsection (b)(1).
(b) Nonvoting Members.--
(1) Appointment.--The President shall appoint 3 nonvoting
members to the Board from among appropriate nonprofit
scientific and medical societies, such as the American
Association of Medical Colleges, the American Pharmaceutical
Association, and the Biotechnology Industry Organization. The
President shall seek to ensure broad representation of
appropriate points of view in making appointments under this
paragraph.
(2) Terms.--Members appointed under paragraph (1) shall
serve 3-year terms, except that of the initial appointments 1
member shall be appointed to a 1-year term and 1 member shall
be appointed to a 2-year term.
(3) Compensation.--Members appointed under this subsection
shall receive no compensation for service on the Board.
(c) Functions.--The Board shall--
(1) determine, for purposes of section 4(a), the total
amount of profits that have been received with respect to a
pharmaceutical, biologic, or genetic product, including profits
received by a person not a party to the transaction with the
Federal agency; and
(2) make calculations under section 5 of the proportion of
Federal support for research and development which lead to the
production and sale of a pharmaceutical, biologic, or genetic
product.
(d) Administrative Support.--The National Science Foundation shall
provide necessary administrative support for the Board and its staff.
SEC. 4. AMOUNT OF PAYMENT REQUIRED.
(a) General Rule.--Except as provided in subsection (b), the amount
that shall be required to be paid under section 2 to a Federal agency
shall be equal to the total amount of profits determined by the Board
under section 3(c)(1) to have been received with respect to the
pharmaceutical, biologic, or genetic product up to the time of payment,
multiplied by the percentage calculated by the Board under section 5.
(b) Limitation.--No annual payment shall be required under this Act
that exceeds 20 percent of the profits determined by the Board to have
been received during the year for which the payment is made.
(c) Expiration of Requirement.--The requirement to make payments
under this Act shall expire on the expiration of the initial patent
issued for the pharmaceutical, biologic, or genetic product.
SEC. 5. CALCULATION OF PERCENTAGE.
The Board shall calculate, for each pharmaceutical, biologic, or
genetic product sold for which Federal support was provided through a
transaction described in section 2, the percentage that Federal support
represents of the total research and development that supported the
production and sale of the product.
SEC. 6. PUBLIC INVESTMENT RECOVERY TRUST FUND.
(a) Establishment.--The Secretary of the Treasury shall establish
an account in the Treasury to be known as the ``Public Investment
Recovery Trust Fund'', into which shall be deposited all payments
received by the Federal Government pursuant to this Act.
(b) Purposes.--Amounts in the Trust Fund may be used, to the extent
provided in advance in appropriations Acts, for the following purposes:
(1) Not more than 2 percent may be used by the Food and
Drug Administration or the National Institutes of Health to
support research on the comparative efficiency and
effectiveness of pharmaceutical, biologic, or genetic products
and the reporting thereof.
(2) Not more than--
(A) 20 percent, in each of the first 5 fiscal years
after the date of the enactment of this Act; and
(B) 3 percent, in subsequent fiscal years,
may be used to help pay the administrative expenses of carrying
out this Act.
(3) Not more than 20 percent may be used by the National
Institutes of Health to support pharmaceutical, biologic, or
genetic research and development, unless no Medicare
prescription drug benefit has been enacted by the Congress, in
which case the remainder of the funds in the Trust Fund may be
used for the purpose under this paragraph.
(4) If a Medicare prescription drug benefit has been
enacted by the Congress, the remainder of the funds in the
Trust Fund shall be used for financing such prescription drug
benefit, except that any amounts available in the Trust Fund in
excess of amounts required for financing such prescription drug
benefit may be used for the purpose stated in paragraph (3).
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``Board'' means the Public Investment Recovery
Board established under section 3;
(2) the term ``Federal support'' includes direct Federal
research and development funding support, the cost of research
and development conducted by the Federal Government and used in
support of the production and sale of a product, and the
relevant proportion of Federal funding support for any
nonprofit organization conducting research and development that
is used in support of the production and sale of a product; and
(3) the term ``pharmaceutical, biologic, or genetic
product'' has the meaning given the term ``covered outpatient
drug'' under section 1927(k)(2) of the Social Security Act (42
U.S.C. 1396r-8(k)(2)). | Establishes a Public Investment Recovery Board to: (1) determine the total amount of profits for such a product; and (2) make calculations as required by this Act of the proportion of Federal support for research and development which lead to the production and sale of such a product. Prescribes a formula for determining the percentage of profits required to be paid.
Provides for the expiration of payments on the expiration of the initial patent issued for such product.
Allows: (1) not more than two percent of amounts in the Trust Fund to be used by the Food and Drug Administration or the National Institutes of Health (NIH) to support research and reports on the comparative efficiency and effectiveness of such products; (2) not more than 20 percent of amounts in the Trust Fund in the first five fiscal years after the enactment of this Act, and three percent in subsequent fiscal years, to be used to help pay the administrative expenses of carrying out this Act; and (3) not more than 20 percent of amounts in the Trust Fund to be used by NIH to support pharmaceutical, biologic, or genetic research and development, unless no Medicare prescription drug benefit has been enacted, in which case the remainder of the funds in such Fund may be used for a purpose authorized by this Act. Requires the remainder of such funds, if such a drug benefit has been enacted, to be used for the financing of such a benefit. | Public Investment Recovery Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School-Based Health Clinic
Establishment Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) More than 8,000,000 children in the United States have
no form of health insurance and are therefore unable to access
preventive health care which may lead to untreated conditions,
unnecessary diseases, and death.
(2) The American Medical Association rates adolescents aged
13-18 as the group of Americans with the poorest health
indicators.
(3) More than 70 percent of the children who need
psychiatric treatment do not receive services.
(4) Children who are in poor health or are victims of child
abuse, poverty, malnutrition, alcohol, and drug abuse are at
risk for academic and social failure.
(5) Without health and social intervention, at-risk
children are often unable to improve academic performance.
(6) School-based health clinics are effective in bringing
preventive and primary care to children and adolescents.
(7) School-based health clinics are effective in decreasing
academic failure resulting from poor health.
(8) The goal of this Act is to provide children and
adolescents with medical and mental health services necessary
to be healthy and succeed academically.
(b) Purpose.--The purpose of this Act is to fund the development
and operation of school-based health clinics to--
(1) provide comprehensive and accessible primary health
care services to medically underserved children, youth, and
families;
(2) improve the physical health, emotional well-being, and
academic performance of medically underserved children, youth,
and families; and
(3) work in collaboration with the school to integrate
health into the overall school environment.
SEC. 3. SCHOOL-BASED HEALTH CLINICS.
Part Q of title III of the Public Health Service Act (42 U.S.C.
280h et seq.) is amended by adding at the end the following:
``SEC. 399Z-1. SCHOOL-BASED HEALTH CLINICS.
``(a) Definitions; Establishment of Criteria.--In this section:
``(1) Community.--The term `community' includes parents,
consumers, local leaders, and organizations.
``(2) Comprehensive primary health services.--The term
`comprehensive primary health services' means the core services
offered by school-based health clinics, which shall include the
following:
``(A) Physical.--Comprehensive health assessments,
diagnosis, and treatment of minor, acute, and chronic
medical conditions and referrals to, and follow-up for,
specialty care.
``(B) Mental health.--Mental health assessments,
crisis intervention, counseling, treatment, and
referral to a continuum of services including emergency
psychiatric care, community support programs, inpatient
care, and outpatient programs.
``(C) Optional services.--Additional services,
which may include oral health, social, and health
education services.
``(3) Medically underserved children and adolescents.--
``(A) In general.--The term `medically underserved
children and adolescents' means a population of
children and adolescents who are residents of an area
designated by the Secretary as an area with a shortage
of personal health services and health infrastructure
for such children and adolescents.
``(B) Criteria.--The Secretary shall prescribe
criteria for determining the specific shortages of
personal health services for medically underserved
children and adolescents under subparagraph (A) that
shall--
``(i) take into account any comments
received by the Secretary from the chief
executive officer of a State and local
officials in a State; and
``(ii) include factors indicative of the
health status of such children and adolescents
of an area, including the ability of the
residents of such area to pay for health
services, the accessibility of such services,
the availability of health professionals to
such children and adolescents, and other
factors as determined appropriate by the
Secretary.
``(4) School-based health clinic.--The term `school-based
health clinic' means a health clinic that--
``(A) is located in or near a school facility of a
school district or board;
``(B) is organized through school, community, and
health provider relationships;
``(C) is administered by a sponsoring facility; and
``(D) provides, at a minimum, comprehensive primary
health services during school hours to children and
adolescents by health professionals in accordance with
State and local laws and regulations, established
standards, and community practice.
``(5) Sponsoring facility.--The term `sponsoring facility'
is a community-based organization, which may include--
``(A) a hospital;
``(B) a public health department;
``(C) a community health center;
``(D) a nonprofit health care agency; or
``(E) a school or school system.
``(b) Authority to Award Grants.--The Secretary shall award grants
for the costs of the operation of school-based health clinics (referred
to in this section as `SBHCs') that meet the requirements of this
section.
``(c) Applications.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be an SBHC (as defined in subsection (a)(4)); and
``(2) submit to the Secretary an application at such time,
in such manner, and containing--
``(A) evidence that the applicant meets all
criteria necessary to be designated an SBHC;
``(B) evidence of local need for the services to be
provided by the SBHC;
``(C) an assurance that--
``(i) SBHC services will be provided to
those children and adolescents for whom
parental or guardian consent has been obtained
in cooperation with Federal, State, and local
laws governing health care service provision to
children and adolescents;
``(ii) the SBHC has made and will continue
to make every reasonable effort to establish
and maintain collaborative relationships with
other health care providers in the catchment
area of the SBHC;
``(iii) the SBHC will provide on-site
access during the academic day when school is
in session and 24-hour coverage through an on-
call system and through its backup health
providers to ensure access to services on a
year-round basis when the school or the SBHC is
closed;
``(iv) the SBHC will be integrated into the
school environment and will coordinate health
services with school personnel, such as
administrators, teachers, nurses, counselors,
and support personnel, as well as with other
community providers co-located at the school;
and
``(v) the SBHC sponsoring facility assumes
all responsibility for the SBHC administration,
operations, and oversight; and
``(D) such other information as the Secretary may
require.
``(d) Preferences.--In reviewing applications, the Secretary may
give preference to applicants who demonstrate an ability to serve the
following:
``(1) Communities that have evidenced barriers to primary
health care and mental health services for children and
adolescents.
``(2) Communities that have consistently scored poorly on
child and adolescent standardized health indicator reports.
``(3) Communities with high percentages of children and
adolescents who are uninsured, underinsured, or enrolled in
public health insurance programs.
``(4) Populations of children and adolescents that have
historically demonstrated difficulty in accessing health and
mental health services.
``(e) Waiver of Requirements.--The Secretary may--
``(1) under appropriate circumstances, waive the
application of all or part of the requirements of this
subsection with respect to an SBHC for a designated period of
time to be determined by the Secretary; and
``(2) upon a showing of good cause, waive the requirement
that the SBHC provide all required comprehensive primary health
services for a designated period of time to be determined by
the Secretary.
``(f) Use of Funds.--
``(1) Funds.--Funds awarded under a grant under this
section may be used for acquiring and leasing buildings and
equipment (including the costs of amortizing the principle of,
and paying interest on, loans for such buildings and
equipment), for providing training related to the provision of
required comprehensive primary health services and additional
health services, for the management of health center programs,
and for the payment of salaries for physicians and other
personnel.
``(2) Construction.--The Secretary may award grants which
may be used to pay the costs associated with expanding and
modernizing existing buildings for use as an SBHC.
``(3) Amount.--The amount of any grant made in any fiscal
year to an SBHC shall be determined by the Secretary, taking
into account--
``(A) the financial need of the SBHC;
``(B) State, local, or other operation funding
provided to the SBHC; and
``(C) other factors as determined appropriate by
the Secretary.
``(g) Technical Assistance.--The Secretary shall establish a
program through which the Secretary shall provide (either through the
Department of Health and Human Services or by grant or contract)
technical and other assistance to SBHCs to assist such SBHCs to meet
the requirements of subsection (c)(2)(C). Services provided through the
program may include necessary technical and nonfinancial assistance,
including fiscal and program management assistance, training in fiscal
and program management, operational and administrative support, and the
provision of information to the entities of the variety of resources
available under this title and how those resources can be best used to
meet the health needs of the communities served by the entities.
``(h) Evaluation.--The Secretary shall develop and implement a plan
for evaluating SBHCs and monitoring quality performances under the
awards made under this section.
``(i) Authorization of Appropriations.--For purposes of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 2008 and such sums as may be necessary for each of the
fiscal years 2009 through 2012.''. | School-Based Health Clinic Establishment Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants for the cost of operating school-based health clinics (SBHCs) to provide comprehensive primary health services during school hours to children and adolescents by health professionals. Requires SBHCs to: (1) provide services to children and adolescents for whom parental or guardian consent has been obtained; (2) provide on-site access during the academic day when school is in session and 24-hour coverage through an on-call system and backup health providers to ensure access to services on a year-round basis when the school or SBHC is closed. Allows the Secretary to: (1) give preference to applicants who demonstrate an ability to serve populations of children and adolescents that have historically demonstrated difficulty in accessing health and mental health services; and (2) waive certain requirements under this Act for a designated period.
Requires the Secretary to establish a program to provide technical and other assistance to SBHCs. | A bill to amend the Public Health Service Act to establish the School-Based Health Clinic program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adults Achieving the American Dream
Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the National Assessment of Adult Literacy,
93 million adults in the United States have limited reading,
writing, and mathematics skills, and 14 percent of adults in
the United States have below basic proficiency in prose
literacy.
(2) According to the United States Census, nearly 16
percent of adults over the age of 25 have not attained a high
school diploma or its equivalent.
(3) According to the United States Census, over 23 million
individuals speak do not speak English well.
(4) An estimated 8 million aliens admitted for lawful
permanent residency are eligible to apply for United States
citizenship.
(5) Recent reports indicate that a majority of Adult
English as a Second Language programs have waiting lists, and
some such programs have dropped waiting lists because of the
extreme demand for English as a second language services.
(6) Only three percent of the 93 million adults who could
benefit from adult education services, English literacy, and
civics education programs actually participate in such services
and programs.
(7) There is a growing and urgent need for additional adult
education, English literacy, and civics education programs for
adults in the United States.
SEC. 3. AMENDMENTS TO THE ADULT EDUCATION AND FAMILY LITERACY ACT.
(a) Integrated English Literacy and Civics Education Program.--
Section 203 of the Adult Education and Family Literacy Act (20 U.S.C.
9202) is amended by adding at the end the following new paragraph:
``(19) Integrated english literacy and civics education
programs.--The term `integrated English literacy and civics
education programs' means programs of instruction designed to
help an individual of limited English proficiency achieve
competence in English through contextualized instruction on the
rights and responsibilities of citizenship, naturalization
procedures, civic participation, and United States history and
government to help such an individual acquire the skills and
knowledge to become an active and informed parent, worker, and
community member.''.
(b) Authorization of Appropriations.--Section 205 of such Act (20
U.S.C. 9204) is amended by inserting before the period at the end the
following: ``, $650,000,000 for fiscal year 2008, $750,000,000 for
fiscal year 2009, $850,000,000 for fiscal year 2010, $950,000,000 for
fiscal year 2011, $1,100,000,000 for fiscal year 2012, and
$1,200,000,000 for fiscal year 2013''.
(c) Reservation of Funds.--Section 211(a) of such Act (20 U.S.C.
9211(a)) is amended--
(1) in paragraph (1), by striking ``$8,000,000'' and
inserting ``$15,000,000'';
(2) in paragraph (2)--
(A) by striking ``1.5 percent'' and inserting
``1.25 percent'';
(B) by striking ``$8,000,000'' and inserting
``$12,000,000''; and
(C) by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(4) shall reserve 12 percent of the amount that remains
after reserving and making available funds under paragraphs
(1), (2), and (3) to carry out section 244.''.
(d) National Institute for Literacy.--Section 242(c)(1) of such Act
(20 U.S.C. 9252(c)(1)) is amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (ii), (iii), and (iv)
as clauses (iii), (iv), and (v), respectively; and
(B) by inserting after clause (i) the following new
clause:
``(ii) effective practices in the provision
of integrated English literacy and civics
education programs;'';
(2) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (H), (I), and (J), respectively; and
(3) by inserting after subparagraph (F) the following new
subparagraph:
``(G) to coordinate and share information with
national organizations and associations that are
interested in integrated English literacy and civics
education programs;''.
(e) National Leadership Activities.--Section 243 of such Act (20
U.S.C. 9253) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, and
integrated English literacy and civics education
programs'' before the semicolon at the end; and
(B) in subparagraph (B), by inserting ``and
integrated English literacy and civics education
programs'' before ``based on scientific evidence'';
(2) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, and
integrated English literacy and civics education
programs'' before the semicolon at the end;
(B) in subparagraph (D)(ii), insert ``integrated
English literacy and civics education programs,''
before ``and workplace literacy programs'';
(C) in subparagraph (E)--
(i) in clause (i), insert ``, and
integrated English literacy and civics
education programs'' before the semicolon at
the end;
(ii) in clause (iii), by striking ``and''
at the end;
(iii) in clause (iv)--
(I) by inserting ``and section
244'' after ``section 231''; and
(II) by striking the period at the
end and inserting ``; and''; and
(iv) by adding at the end the following new
clause:
``(v) the extent to which integrated
English literacy and civics education programs
carried out under section 244 lead participants
in such programs to increase their civic
participation and, if applicable, lead such
participants to become United States
citizens.''.
(f) Integrated English Literacy and Civics Education.--Chapter 4 of
subtitle A of such Act (20 U.S.C. 9251 et seq.) is amended by adding at
the end the following new section:
``SEC. 244. INTEGRATED ENGLISH LITERACY AND CIVICS EDUCATION PROGRAMS.
``(a) In General.--From funds reserved under section 211(a)(4) for
each fiscal year, the Secretary shall award grants to States, from
allocations under subsection (b), for integrated English literacy and
civics education programs.
``(b) Allocations.--
``(1) In general.--Subject to paragraph (2) and with
respect to funds described in subsection (a), the Secretary
shall allocate--
``(A) 65 percent to States on the basis of a
State's need for integrated English and civics
education programs, as determined by calculating each
State's share of a ten-year average of the data
compiled by the Office of Immigration Statistics of the
Department of Homeland Security, for immigrants
admitted for lawful permanent residence for the ten
most recent years; and
``(B) 35 percent to the States on the basis of
whether the State experienced growth, as measured by
the average of the three most recent years for which
data compiled by the Office of Immigration Statistics
of the Department of Homeland Security are available,
for immigrants admitted for lawful permanent residence.
``(2) Minimum.--No State shall receive an allocation under
paragraph (1) in an amount that is less than $60,000.''.
SEC. 4. EXPANDING EVEN START FAMILY LITERACY PROGRAMS.
Section 1002(b)(3) of the Elementary and Secondary Education Act of
1965 is amended to read as follows:
``(3) Even start.--For the purpose of carrying out subpart
3 of part B, there are authorized to be appropriated
$500,000,000 for fiscal year 2008 and such sums as may be
necessary for each of the 5 succeeding fiscal years.''.
SEC. 5. RESEARCH IN ADULT EDUCATION.
(a) In General.--Section 133(c)(A) of the Education Sciences Reform
Act of 2002 (20 U.S.C. 9533(c)(A)) is amended by inserting ``education
and'' before ``literacy''.
(b) National Research and Development Center.--
(1) In general.--The Secretary of Education shall direct
the Commissioner for Education Research of the National Center
for Education Research established pursuant to section 131 of
the Education Sciences Reform Act of 2002 (20 U.S.C. 9531) to
establish a national research and development center for adult
education and literacy as described in section 133(c)(A) of
such Act (22 U.S.C. 9533(c)(A)) (as amended by subsection (a)).
(2) Provision for expansion of research.--If, as of the
date of the enactment of this Act, the Commissioner has
established a center for adult literacy in accordance with
section 133(c)(A) of the Education Sciences Reform Act of 2002,
the Commissioner shall expand the topic of research of such
center to include adult education, in accordance with the
amendment made by subsection (a).
SEC. 6. IMMIGRANTS TO NEW AMERICANS.
The Secretary of Homeland Security shall transfer to the Secretary
of Education to carry out integrated English literacy and civics
education programs under section 244 of the Adult Education and Family
Literacy Act (as added by section 3(f) of this Act) two percent of all
fees collected under section 218(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1188(a)(2)) and two percent of all civil
penalties collected under section 274A(e)(4) of such Act (8 U.S.C.
1324a(e)(4)).
SEC. 7. CREDIT FOR EMPLOYER PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45O. EMPLOYER-PROVIDED ADULT ENGLISH LITERACY AND BASIC
EDUCATION PROGRAMS.
``(a) In General.--For purposes of section 38, the credit
determined under this section with respect to any employer for the
taxable year is an amount equal to 20 percent of qualified education
program expenses for the taxable year.
``(b) Limitation.--The amount of the credit determined under
subsection (a) shall not exceed an amount equal to the product of
$1,000 multiplied by the average number of full-time employees of the
employer for the taxable year.
``(c) Qualified Education Program Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified education program
expenses' means expenses paid or incurred by an employer to
make available qualified education to employees of the
employer, who are individuals of limited English proficiency or
have not received a secondary school diploma, or its recognized
equivalent, or who lack sufficient mastery of basic educational
skills to enable the individuals to function effectively in
society.
``(2) Qualified education.--The term `qualified education'
means adult education and literacy activities provided--
``(A) by an eligible provider which for the fiscal
year ending during the employer's taxable year receives
Federal funds under section 231 of the Adult Education
and Family Literacy Act for adult education and
literacy activities, or
``(B) in curriculum approved by an eligible agency.
``(3) Other terms defined.--The terms `individuals of
limited English proficiency', `eligible provider', `adult
education and literacy activities', and `eligible agency' shall
have the respective meanings given to such terms in the Adult
Education and Family Literacy Act.
``(d) Special Rules.--For purposes of this section--
``(1) Full-time employment.--An employee shall be
considered full-time if such employee is employed at least 30
hours per week for 25 or more calendar weeks in the taxable
year.
``(2) Aggregation rule.--All persons treated as a single
employer under subsection (a) or (b) or section 52, or
subsection (m) or (o) of section 414, shall be treated as one
person.
``(e) Denial of Double Benefit.--No deduction or credit shall be
allowed under any other provision of this chapter for any amount taken
into account in determining the credit under this section.
``(f) Election To Have Credit Not Apply.--A taxpayer may elect (at
such time and in such manner as the Secretary may by regulations
prescribe) to have this section not apply for any taxable year.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to current year business credit)
is amended by striking ``plus'' at the end of paragraph (30), by
striking the period at the end of paragraph (31) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(32) the adult English literacy and basic education
programs credit determined under section 45O.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the such Code is amended by
adding at the end the following new item:
``45O. Employer-provided adult English literacy and basic education
programs.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Adults Achieving the American Dream Act of 2007 - Amends the Adult Education and Family Literacy Act to reauthorize appropriations through FY2013 for adult education and literacy services, including integrated English literacy and civics education programs. Increases the maximum amounts that can be reserved from such funds for: (1) the National Institute for Literacy; and (2) national leadership activities. Reserves an amount for integrated English literacy and civics education programs.
Directs the Secretary of Education to award grants to states for integrated English literacy and civics education programs for immigrants admitted for lawful residence in the United States.
Amends the Elementary and Secondary Education Act of 1965 to reauthorize appropriations for Even Start Family Literacy Programs for FY2008 and each of the five succeeding fiscal years.
Amends the Education Sciences Reform Act of 2002 to require the establishment of a national research and development center that includes research in adult education.
Amends the Internal Revenue Code to allow a tax credit for employer-provided adult education and literacy programs. | To amend the Adult Education and Family Literacy Act to establish integrated English literacy and civics education programs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care for Working Parents Act
of 1998''.
SEC. 2. EARLY CHILDHOOD EDUCATION SERVICES REFERRAL HOTLINE.
(a) In General.--The Secretary of Health and Human Services may
make a grant to a private, nonprofit entity to provide for the
operation of a national, toll-free telephone hotline to provide
information and assistance to families seeking quality early childhood
education services.
(b) Duration.--A grant under this section may extend over a period
of not more than 5 years.
(c) Annual Approval.--The provision of payments under a grant made
under this section shall be subject to annual approval by the Secretary
and subject to the availability of appropriations for each fiscal year
to make the payments.
(d) Activities.--Funds received by an entity under this section
shall be used to establish and operate a national, toll-free telephone
hotline to provide information and assistance to families seeking
quality early childhood education services. In establishing and
operating the hotline, a private, nonprofit entity shall--
(1) contract with a carrier for the use of a toll-free
telephone line;
(2) employ, train, and supervise personnel to answer
incoming calls and provide to callers information about and
referral to quality early childhood education facilities and
local referral agencies;
(3) assemble and maintain a current database of information
relating to the availability of local quality early childhood
education services; and
(4) publicize the hotline to potential users throughout the
United States.
(e) Application.--A grant may not be made under this section unless
an application for such grant has been approved by the Secretary. To be
approved by the Secretary under this subsection an application shall--
(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the
Secretary shall require by rule;
(2) include a complete description of the applicant's plan
for the operation of a national early childhood education
services referral hotline, including descriptions of--
(A) training program for hotline personnel;
(B) the methodology for ensuring the accuracy of
information provided to callers; and
(C) a plan for publicizing the availability of the
hotline;
(3) demonstrate that the applicant has nationally
recognized expertise in the area of early childhood education,
including a demonstration of support from children's advocacy
groups; and
(4) contain such other information as the Secretary may
require.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $1,000,000 for fiscal year 1999;
(B) $400,000 for fiscal year 2000;
(C) $400,000 for fiscal year 2001;
(D) $400,000 for fiscal year 2002;
(E) $400,000 for fiscal year 2003; and
(F) $400,000 for fiscal year 2004.
(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.
SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.
(a) Authorization of Appropriations for Fiscal Years 1999 Through
2002.--Section 658B of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858) is amended by inserting ``1998 and
$8,500,000,000 for each of the fiscal years 1999 through'' after
``through''.
(b) Timely Payment of Funds for Child Care Services.--Section
658E(c) of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c(c)) is amended by adding at the end the following:
``(6) Timely payment of assistance for child care
services.--The State plan shall provide an assurance, and a
detailed description of the methods that the State will use to
ensure, that amounts provided under this subchapter for child
care services will be paid to participating child care
providers timely, as determined by the Secretary.''.
(c) Child Care Quality Improvement.--Section 658G of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended to
read as follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``A State that receives financial assistance under this subchapter
shall use not less than 4 percent of such assistance for one or more of
the following:
``(1) Resource and referral programs.--Operating directly
or providing financial assistance to private nonprofit
organizations or public organizations (including units of
general purpose local government) for the development,
establishment, expansion, operation, and coordination of
resource and referral programs specifically related to child
care.
``(2) Grants or loans to assist in meeting state and local
standards.--Making grants or providing loans to child care
providers to assist such providers in meeting applicable State
and local child care standards.
``(3) Monitoring of compliance with licensing and
regulatory requirements.--Improving the monitoring of
compliance with, and enforcement of, State and local licensing
and regulatory requirements (including registration
requirements).
``(4) Training.--Providing training and technical
assistance in areas appropriate to the provision of child care
services, such as training in health and safety, nutrition,
first aid, the recognition of communicable diseases, child
abuse detection and prevention, and the care of children with
special needs.
``(5) Compensation.--Improving salaries and other
compensation paid to full- and part-time staff who provide
child care services for which assistance is provided under this
subchapter. ''.
(d) Application of Amendments.--The amendments made by this section
shall not apply with respect to any fiscal year beginning before the
date of the enactment of this Act.
SEC. 4. CREDIT FOR EMPLOYER EXPENSES IN PROVIDING CERTAIN DEPENDENT
CARE SERVICES.
(a) General Rule.--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. 45D. EMPLOYER EXPENSES IN PROVIDING DEPENDENT CARE SERVICES.
``(a) General Rule.--For purposes of section 38, the employer day
care center credit determined under this section for the taxable year
is the amount determined under subsection (b) with respect to each
qualified day care center of the taxpayer.
``(b) Credit Per Facility.--For purposes of this section--
``(1) In general.--The amount determined under this
subsection for any taxable year with respect to any qualified
day care facility of the taxpayer is 50 percent of the excess
(if any) of--
``(A) the expenses paid or incurred by the taxpayer
during the taxable year in providing dependent care
services at such facility for employees, over
``(B) the aggregate amount received or accrued
during the taxable year by the employer for such
services.
``(2) Depreciation allowances.--For purposes of paragraph
(1), depreciation allowances under section 167 shall be treated
as expenses.
``(c) Qualified Day Care Center.--For purposes of this section, the
term `qualified day care center' means any day care center--
``(1) which is operated by the taxpayer exclusively for
purposes of providing dependent care services to employees,
``(2) which is located on the business premises of the
taxpayer or on a site within a reasonable distance of such
premises,
``(3) which complies with all applicable laws and
regulations of a State or unit of local government, and
``(4) the operation of which is part of a dependent care
assistance program (as defined in section 129(d)).''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (11), by striking the period at the end of paragraph (12) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(13) the employer day care center credit determined under
section 45D(a).''
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end thereof the following new subsection:
``(d) Credit for Employer Day Care Center Expenses.--No deduction
shall be allowed for that portion of the expenses referred to in
section 45D(b)(1)(A) otherwise allowable as a deduction for the taxable
year which is equal to the amount of the credit determined for such
taxable year under section 45D(a).''
(d) 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. 45D. Employer expenses in
providing dependent care
services.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. EXTENDED TIME FOR LEARNING AND LONGER SCHOOL YEAR.
Section 10993(h)(1) of the Elementary and Secondary Education Act
of 1965 is amended by striking ``appropriated'' and all that follows
through the period and inserting ``$150,000,000'' for fiscal year 1999
and such sums as may be necessary for each of the fiscal years 2000,
2001, and 2002.''. | Child Care for Working Parents Act of 1998 - Authorizes the Secretary of Health and Human Services to make a grant, for up to five years subject to annual approval, to a private, nonprofit entity for operation of a national, toll-free telephone hotline to provide information and assistance to families seeking quality early childhood education services. Authorizes appropriations.
(Sec. 3) Amends the Child Care and Development Block Grant Act of 1990 (CCDBGA) to extend the authorization of appropriations through FY 2002.
Requires State plans to ensure timely payments to participating child care providers for child care services under CCDBGA.
Requires States to use at least four percent of CCDBGA assistance for one or more of the following: (1) resource and referral programs; (2) grants or loans to assist in meeting State and local standards; (3) monitoring of compliance with licensing and regulatory requirements; (4) training; and (5) compensation.
(Sec. 4) Amends the Internal Revenue Code to establish a tax credit for employer expenses in providing certain dependent care services. Makes such employer day care center credit part of the general business credit. Disallows a specified double benefit with respect to such credit.
(Sec. 5) Amends the Elementary and Secondary Education Act of 1965 to extend through FY 2002 the authorization of appropriations for a program of assistance for an extended time for learning and a longer school year. | Child Care for Working Parents Act of 1998 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women Veterans
Health Care Improvement Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH SERVICES FOR WOMEN VETERANS
Sec. 101. Report on barriers to receipt of health care for women
veterans.
Sec. 102. Independent study on health consequences of women veterans of
military service in Operation Iraqi Freedom
and Operation Enduring Freedom.
Sec. 103. Report on full-time program managers for women veterans
programs at medical centers.
TITLE II--IMPROVEMENT AND EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE PROGRAMS FOR WOMEN VETERANS
Sec. 201. Plan to improve provision of health care services to women
veterans.
Sec. 202. Training and certification for mental health care providers
on care for veterans suffering from sexual
trauma.
Sec. 203. Pilot program on counseling in retreat settings for women
veterans newly separated from service in
the Armed Forces.
Sec. 204. Service on certain advisory committees of women recently
separated from service in the Armed Forces.
Sec. 205. Pilot program on subsidies for child care for certain
veterans receiving health care.
Sec. 206. Care for newborn children of women veterans receiving
maternity care.
TITLE I--STUDIES AND ASSESSMENTS OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH SERVICES FOR WOMEN VETERANS
SEC. 101. REPORT ON BARRIERS TO RECEIPT OF HEALTH CARE FOR WOMEN
VETERANS.
(a) Report.--Not later than June 1, 2010, the Secretary of Veterans
Affairs shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on the barriers to the receipt of
comprehensive health care through the Department of Veterans Affairs
that are encountered by women veterans, especially veterans of
Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification and assessment of the following:
(A) Any stigma perceived or associated by women
veterans in seeking mental health care services through
the Department of Veterans Affairs.
(B) The effect on access by women veterans to care
through the Department of driving distance or
availability of other forms of transportation to the
nearest appropriate facility of the Department.
(C) The availability of child care.
(D) The receipt of health care through women's
health clinics, integrated primary care clinics, or
both.
(E) The extent of comprehension by women veterans
of eligibility requirements for health care through the
Department, and the scope of health care services
available through the Department.
(F) The quality and nature of the reception of
women veterans by Department health care providers and
other staff.
(G) The perception of personal safety and comfort
of women veterans in inpatient, outpatient, and
behavioral health facilities of the Department.
(H) The sensitivity of Department health care
providers and other staff to issues that particularly
affect women.
(I) The effectiveness of outreach on health care
services of the Department that are available to women
veterans.
(J) Such other matters as the Secretary identifies
for purposes of the assessment.
(2) Such recommendations for administrative and legislative
action as the Secretary considers appropriate in light of the
report.
(c) Facility of the Department Defined.--In this section, the term
``facility of the Department'' has the meaning given that term in
section 1701 of title 38, United States Code.
SEC. 102. INDEPENDENT STUDY ON HEALTH CONSEQUENCES OF WOMEN VETERANS OF
MILITARY SERVICE IN OPERATION IRAQI FREEDOM AND OPERATION
ENDURING FREEDOM.
(a) Study Required.--The Secretary of Veterans Affairs shall enter
into an agreement with a non-Department of Veterans Affairs entity for
the purpose of conducting a study on health consequences for women
veterans of service on active duty in the Armed Forces in deployment in
Operation Iraqi Freedom and Operation Enduring Freedom.
(b) Specific Matters Studied.--The study under subsection (a) shall
include the following:
(1) A determination of any association of environmental and
occupational exposures and combat in Operation Iraqi Freedom or
Operation Enduring Freedom with the general health, mental
health, or reproductive health of women who served on active
duty in the Armed Forces in Operation Iraqi Freedom or
Operation Enduring Freedom.
(2) A review and analysis of published literature on
environmental and occupational exposures of women while serving
in the Armed Forces, including combat trauma, military sexual
trauma, and exposure to potential teratogens associated with
reproductive problems and birth defects.
(c) Report.--
(1) In general.--Not later than 18 months after entering
into the agreement for the study under subsection (a), the
entity described in subsection (a) shall submit to the
Secretary of Veterans Affairs and to Congress a report on the
study containing such findings and determinations as the entity
considers appropriate.
(2) Responsive report.--Not later than 90 days after the
receipt of the report under paragraph (1), the Secretary shall
submit to Congress a report setting forth the response of the
Secretary to the findings and determinations of the entity
described in subsection (a) in the report under paragraph (1).
SEC. 103. REPORT ON FULL-TIME PROGRAM MANAGERS FOR WOMEN VETERANS
PROGRAMS AT MEDICAL CENTERS.
The Secretary of Veterans Affairs shall, acting through the Under
Secretary for Health, submit to Congress a report on employment of
full-time managers for women veterans programs at Department of
Veterans Affairs medical centers to ensure that health care needs of
women veterans at such medical centers are met. The report shall
include an assessment of whether there is at least one full-time
employee at each Department medical center who is a full-time women
veterans programs manager.
TITLE II--IMPROVEMENT AND EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS
HEALTH CARE PROGRAMS FOR WOMEN VETERANS
SEC. 201. PLAN TO IMPROVE PROVISION OF HEALTH CARE SERVICES TO WOMEN
VETERANS.
(a) Plan To Improve Services.--
(1) In general.--The Secretary of Veterans Affairs shall
develop a plan--
(A) to improve the provision of health care
services to women veterans; and
(B) to plan appropriately for the future health
care needs, including mental health care needs, of
women serving on active duty in the Armed Forces in the
combat theaters of Operation Iraqi Freedom and
Operation Enduring Freedom.
(2) Required actions.--In developing the plan required by
this subsection, the Secretary shall--
(A) identify the types of health care services to
be available to women veterans at each Department of
Veterans Affairs medical center; and
(B) identify the personnel and other resources
required to provide such services to women veterans
under the plan at each such medical center.
(b) Submittal of Plan to Congress.--Not later than 18 months after
the date of the enactment of this Act, the Secretary shall submit to
the Committee on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives the plan required by
this section, together with such recommendations for administrative and
legislative action as the Secretary considers appropriate in light of
the plan.
SEC. 202. TRAINING AND CERTIFICATION FOR MENTAL HEALTH CARE PROVIDERS
ON CARE FOR VETERANS SUFFERING FROM SEXUAL TRAUMA.
(a) Program Required.--Section 1720D of title 38, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d)(1) The Secretary shall carry out a program of education,
training, certification, and continuing medical education for mental
health professionals to specialize in the provision of counseling and
care to veterans eligible for services under subsection (a). In
carrying out the program, the Secretary shall ensure that all such
mental health professionals have been trained in a consistent manner
and that such training includes principles of evidence-based treatment
and care for sexual trauma.
``(2) The Secretary shall determine the minimum qualifications
necessary for mental health professionals certified by the program
under paragraph (1) to provide evidence-based treatment and care to
veterans eligible for services under subsection (a) in facilities of
the Department.
``(e) The Secretary shall submit to Congress each year a report on
the counseling, care, and services provided to veterans under this
section. Each report shall include data for the preceding year with
respect to the following:
``(1) The number of mental health professionals and primary
care providers who have been certified under the program under
subsection (d), and the amount and nature of continuing medical
education provided under such program to professionals and
providers who have been so certified.
``(2) The number of women veterans who received counseling,
care, and services under subsection (a) from professionals and
providers who have been trained or certified under the program
under subsection (d).
``(3) The number of training, certification, and continuing
medical education programs operating under subsection (d).
``(4) The number of trained full-time equivalent employees
required in each facility of the Department to meet the needs
of veterans requiring treatment and care for sexual trauma.
``(5) Such other information as the Secretary considers
appropriate.''.
(b) Standards for Personnel Providing Treatment for Sexual
Trauma.--The Secretary of Veterans Affairs shall establish standards on
education, training, certification, and staffing for Department of
Veterans Affairs health care facilities for full-time equivalent
employees who are trained to provide treatment and care to veterans for
sexual trauma.
SEC. 203. PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN
VETERANS NEWLY SEPARATED FROM SERVICE IN THE ARMED
FORCES.
(a) Pilot Program Required.--
(1) In general.--Commencing not later than 180 days after
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall carry out, through the Readjustment
Counseling Service of the Veterans Health Administration, a
pilot program to evaluate the feasibility and advisability of
providing reintegration and readjustment services described in
subsection (b) in group retreat settings to women veterans who
are recently separated from service in the Armed Forces after a
prolonged deployment.
(2) Participation at election of veteran.--The
participation of a veteran in the pilot program shall be at the
election of the veteran.
(b) Covered Services.--The services provided to a woman veteran
under the pilot program shall include the following:
(1) Information on reintegration into the veteran's family,
employment, and community.
(2) Financial counseling.
(3) Occupational counseling.
(4) Information and counseling on stress reduction.
(5) Information and counseling on conflict resolution.
(6) Such other information and counseling as the Secretary
considers appropriate to assist a woman veteran under the pilot
program in reintegration into the veteran's family and
community.
(c) Locations.--The Secretary shall carry out the pilot program at
not fewer than five locations selected by the Secretary for purposes of
the pilot program.
(d) Duration.--The pilot program shall be carried out during the
two-year period beginning on the date of the commencement of the pilot
program.
(e) Report.--Not later than 180 days after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall contain the findings and conclusions of
the Secretary as a result of the pilot program and shall include such
recommendations for the continuation or expansion of the pilot program
as the Secretary considers appropriate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs for each of fiscal
years 2010 and 2011, $2,000,000 to carry out the pilot program.
SEC. 204. SERVICE ON CERTAIN ADVISORY COMMITTEES OF WOMEN RECENTLY
SEPARATED FROM SERVICE IN THE ARMED FORCES.
(a) Advisory Committee on Women Veterans.--Section 542(a)(2)(A) of
title 38, United States Code, is amended--
(1) in clause (ii), by striking ``and'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iii) the following new
clause:
``(iv) women veterans who are recently separated from
service in the Armed Forces.''.
(b) Advisory Committee on Minority Veterans.--Section 544(a)(2)(A)
of such title is amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after clause (iv) the following new
clause:
``(v) women veterans who are minority group members and are
recently separated from service in the Armed Forces.''.
(c) Effective Date.--The amendments made by this section shall
apply to appointments made on or after the date of the enactment of
this Act.
SEC. 205. PILOT PROGRAM ON SUBSIDIES FOR CHILD CARE FOR CERTAIN
VETERANS RECEIVING HEALTH CARE.
(a) Pilot Program Required.--The Secretary of Veterans Affairs
shall carry out a pilot program to assess the feasibility and
advisability of providing, subject to subsection (b), subsidies to
qualified veterans described in subsection (c) to obtain child care so
that such veterans can receive health care services described in
subsection (c).
(b) Limitation on Period of Payments.--A subsidy may only be
provided to a qualified veteran under the pilot program for receipt of
child care during the period that the qualified veteran--
(1) receives the types of health care services described in
subsection (c) at a facility of the Department; and
(2) requires to travel to and return from such facility for
the receipt of such health care services.
(c) Qualified Veterans.--In this section, the term ``qualified
veteran'' means a veteran who is the primary caretaker of a child or
children and who is receiving from the Department one or more of the
following health care services:
(1) Regular mental health care services.
(2) Intensive mental health care services.
(3) Such other intensive health care services that the
Secretary determines that payment to the veteran for the
provision of child care would improve access to those health
care services by the veteran.
(d) Locations.--The Secretary shall carry out the pilot program in
not fewer than three Veterans Integrated Service Networks (VISNs)
selected by the Secretary for purposes of the pilot program.
(e) Duration.--The pilot program shall be carried out during the
two-year period beginning on the date of the commencement of the pilot
program.
(f) Existing Model.--To the extent practicable, the Secretary shall
model the pilot program after the Department of Veterans Affairs Child
Care Subsidy Program established pursuant to section 630 of the
Treasury and General Government Appropriations Act, 2002 (Public Law
107-67; 115 Stat. 552), using the same income eligibility standards and
payment structure.
(g) Report.--Not later than six months after the completion of the
pilot program, the Secretary shall submit to Congress a report on the
pilot program. The report shall include the findings and conclusions of
the Secretary as a result of the pilot program and shall include such
recommendations for the continuation or expansion of the pilot program
as the Secretary considers appropriate.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Veterans Affairs for each of fiscal
years 2010 and 2011, $1,500,000 to carry out the pilot program.
SEC. 206. CARE FOR NEWBORN CHILDREN OF WOMEN VETERANS RECEIVING
MATERNITY CARE.
(a) In General.--Subchapter VIII of chapter 17 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 1786. Care for newborn children of women veterans receiving
maternity care
``(a) In General.--The Secretary may furnish health care services
described in subsection (b) to a newborn child of a woman veteran who
is receiving maternity care furnished by the Department for not more
than seven days after the birth of the child if the veteran delivered
the child in--
``(1) a facility of the Department; or
``(2) another facility pursuant to a Department contract
for services relating to such delivery.
``(b) Covered Health Care Services.--Health care services described
in this subsection are all post-delivery care services, including
routine care services, that a newborn requires.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter 17 is amended by inserting after the item relating to
section 1785 the following new item:
``1786. Care for newborn children of women veterans receiving maternity
care.''. | Women Veterans Health Care Improvement Act of 2009 - Directs the Secretary of Veterans Affairs to: (1) report on barriers to the receipt of comprehensive health care through the Department of Veterans Affairs (VA) encountered by women veterans, especially those of Operations Iraqi Freedom and Enduring Freedom; (2) provide for an independent study on health consequences for women veterans serving on active duty in deployments in such Operations; and (3) report on the employment of full-time managers for women veterans programs at VA medical centers.
Requires the Secretary to: (1) develop a plan to improve the provision of VA health care services to women veterans; (2) carry out a program of education, training, certification, and continuing medical education for mental health professionals providing care for veterans suffering from sexual trauma; (3) carry out a pilot program of providing reintegration and readjustment services in group retreat settings to women veterans recently separated from service after a prolonged deployment; and (4) carry out a pilot program on subsidies for child care for certain women veterans receiving health care from VA facilities.
Requires women veterans recently separated from service to be included on the Advisory Committee on Women Veterans and the Advisory Committee on Minority Veterans.
Authorizes the Secretary to furnish care to a newborn child of a woman veteran receiving VA maternity care for up to seven days after the birth of the child. | A bill to amend title 38, United States Code, to expand and improve health care services available to women veterans, especially those serving in Operation Iraqi Freedom and Operation Enduring Freedom, from the Department of Veterans Affairs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Medical Homeless Health
Improvement Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of people experiencing homelessness on a
single night increased by 1.1 percent from 643,067 in January
2009 to 649,917 in January 2010. California, New York, and
Florida accounted for 40 percent of the total homeless
population.
(2) A total of 79,446 family households, including 241,951
persons in families, were homeless as of January 2010. Since
2009, the number of homeless families increased 1.2 percent,
and the number of homeless persons in families increased 1.6
percent.
(3) The number of people who were chronically homeless,
persons with severe disabilities and long-term homeless
histories, decreased 1 percent between 2009 and 2010, from
110,917 to 109,812.
(4) Out of those homeless individuals in a shelter, 34.7
percent suffered from substance abuse and 26.2 percent had a
serious mental illness.
(5) Mobile medical health care services can effectively
reach homeless populations and provide primary care,
screenings, dental care, medications, behavioral health care,
immunizations, lab tests, case management, benefits assistance
and assessments, and triage.
(6) Mobile medical health care services can provide health
care to homeless adults and children in urban, rural, and
suburban areas.
(7) The average cost of a visit to a provider of mobile
medical health care services is significantly below the average
cost of an emergency department visit. Visiting a mobile
medical health care service instead of the emergency department
can result in a cost savings of more than $800 per visit.
SEC. 3. IMPROVING ACCESS OF HOMELESS INDIVIDUALS TO MEDICAL SERVICES.
Subpart I of Part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following
new section:
``SEC. 330M. PARTNERSHIPS TO IMPROVE ACCESS OF HOMELESS INDIVIDUALS TO
MEDICAL SERVICES.
``(a) In General.--The Secretary may award grants, contracts, or
cooperative agreements to eligible entities described in subsection (b)
to enable such entities to improve access of homeless individuals to
mobile medical health care services.
``(b) Eligible Entities.--To be eligible for a grant, contract, or
agreement under this section an entity shall--
``(1) be a partnership consisting of--
``(A) one or more hospitals; and
``(B) one or more other local health care
facilities, including clinics, health centers, primary
care facilities, mental health centers, pharmacies, or
other mobile medical assets (as such term is defined
for purposes of section 319C-2), whether or not such a
local health care facility is owned (either in whole or
in part) by a partnering hospital described in
subparagraph (A); and
``(2) submit to the Secretary, an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Funds.--A grant, contract, or agreement awarded under
this section may be expended only for activities to increase access of
homeless individuals to mobile medical services, including primary
health services (as defined in section 330(b)(1)), substance abuse
services (as defined in section 330(h)(5)), and mental health
counseling.
``(d) Limitation on Awards.--A hospital or health care facility
shall not be eligible for a grant, contract, or agreement under this
section with respect to more than one partnership described in
subsection (b)(1).
``(e) Preference.--In awarding a grant, contract, or agreement
under this section, the Secretary shall give priority to any
application from a geographic area that has a comparatively high ratio
of homeless individuals to non-homeless individuals.
``(f) Supplement Not Supplant Requirement.--A grant, contract, or
agreement awarded under this section shall be expended to supplement,
and not supplant, the expenditures of the eligible entity involved and
the value of in kind contributions for the delivery of services to
homeless individuals.
``(g) Temporary Continued Provision of Services to Certain Former
Homeless Individuals.--If any grantee under this section has provided
services described in this section to a homeless individual under the
grant, contract, or agreement awarded under this section, such grantee
may, notwithstanding that the individual is no longer homeless as a
result of becoming a resident in permanent housing, expend the amount
so awarded to continue to provide such services to the individual for
not more than 12 months.
``(h) Definitions.--For purposes of this section:
``(1) Homeless individual.--The term `homeless individual'
has the meaning given such term in section 330(h)(5).
``(2) Mobile medical health care services.--The term
`mobile medical health care service' means any health care
related service provided in a moveable vehicle or a non-
permanent clinic.''. | Mobile Medical Homeless Health Improvement Act of 2013 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to award grants, contracts, or cooperative agreements to hospitals or other local health care facilities to improve access of homeless individuals to mobile medical health care services (any health care related services provided in a moveable vehicle or a non-permanents clinic). Directs the Secretary to give priority to applicants from a geographic area that has a comparatively high ratio of homeless individuals to non-homeless individuals. Allows grantees to continue providing services to an individual who has received services under this Act for 12 months after he or she becomes a resident in permanent housing. | Mobile Medical Homeless Health Improvement Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Litigation and Innovation Act
of 2013''.
SEC. 2. PLEADING REQUIREMENTS.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by inserting after section 281 the following:
``Sec. 281A. Pleading requirements for patent infringement actions
``In a civil action arising under any Act of Congress relating to
patents, a party alleging infringement shall include in the initial
complaint, counterclaim, or cross-claim for patent infringement--
``(1) an identification of each patent allegedly infringed;
``(2) an identification of each claim of each patent
identified under paragraph (1) that is allegedly infringed;
``(3) for each claim identified under paragraph (2), an
identification of each accused apparatus, product, feature,
device, method, system, process, function, act, service, or
other instrumentality (referred to in this section as an
`accused instrumentality') alleged to infringe the claim;
``(4) for each accused instrumentality identified under
paragraph (3), an identification with particularity, if known,
of--
``(A) the name or model number of the accused
instrumentality; and
``(B) the name of each accused method, system,
process, function, act, or service, or the name or
model number of each apparatus, product, feature, or
device that, when used, allegedly results in the
practice of the claimed invention;
``(5) for each accused instrumentality identified under
paragraph (3), an explanation of--
``(A) where each element of each asserted claim
identified under paragraph (2) is found within the
accused instrumentality;
``(B) whether each such element is infringed
literally or under the doctrine of equivalents; and
``(C) with detailed specificity, how the terms in
each asserted claim identified under paragraph (2)
correspond to the functionality of the accused
instrumentality;
``(6) for each claim that is alleged to have been infringed
indirectly, a description of--
``(A) the direct infringement;
``(B) any person alleged to be a direct infringer
known to the party alleging infringement; and
``(C) the acts of the alleged indirect infringer
that contribute to or are inducing the direct
infringement;
``(7) a description of the right of the party alleging
infringement to assert each--
``(A) patent identified under paragraph (1); and
``(B) patent claim identified in paragraph (2);
``(8) a description of the principal business of the party
alleging infringement;
``(9) the identity of any person, other than the party
alleging infringement, who is known to the party alleging
infringement, and who--
``(A) owns or co-owns a patent identified under
paragraph (1);
``(B) is the assignee of a patent identified under
paragraph (1); or
``(C) is an exclusive licensee to a patent
identified under paragraph (1); and
``(10) the identity of any person, other than the party
alleging infringement, who is known to the party alleging
infringement, and who has a legal or financial right to enforce
a patent identified under paragraph (1).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 29 of title 35, United States Code, is amended by inserting
after the item relating to section 281 the following:
``281A. Pleading requirements for patent infringement actions.''.
(c) Review of Form 18.--Not later than 12 months after the date of
the enactment of this Act, the Supreme Court shall review and amend
Form 18 of the Federal Rules of Civil Procedure to ensure that Form 18
is consistent with the requirements under section 281A of title 35,
United States Code, as added by subsection (a).
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to alter existing
law or rules relating to joinder.
SEC. 3. JOINDER OF INTERESTED PARTIES.
Section 299 of title 35, United States Code, is amended by adding
at the end the following:
``(d) Joinder of Interested Parties.--
``(1) Definition.--In this subsection, the term `interested
party', with respect to a civil action arising under any Act of
Congress relating to patents--
``(A) means a person described in paragraph (9) or
(10) of section 281A; and
``(B) does not include an attorney or law firm
providing legal representation in the action if the
sole basis for the financial interest of the attorney
or law firm in the outcome of the action arises from an
agreement to provide that legal representation.
``(2) Joinder of interested parties.--In a civil action
arising under any Act of Congress relating to patents, the
court shall grant a motion by a party defending an infringement
claim to join an interested party if the defending party files
the motion to join within 120 days after the first complaint,
answer, or counterclaim and shows that the interest of the
plaintiff in any patent identified in the complaint, including
a claim asserted in the complaint, is limited primarily to
asserting any such patent claim in litigation.
``(3) Limitation on joinder.--The court may deny a motion
to join an interested party under paragraph (2) if--
``(A) the interested party is not subject to
service of process; or
``(B) joinder under paragraph (2) would deprive the
court of subject matter jurisdiction or make venue
improper.''.
SEC. 4. STAY OF ACTION AGAINST SECONDARY PARTIES.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 300. Stay of action against secondary parties
``(a) Stay of Action.--
``(1) In general.--In any civil action arising under any
Act of Congress relating to patents, the court shall grant a
motion to stay all or part of the action as to a secondary
party with respect to infringement related to a primary party
in the same or another action concerning the same apparatus,
product, feature, device, method, system, process, function,
act, service, or other instrumentality, in whole or in relevant
part, of the disputed patent of the primary party, if--
``(A) the primary and secondary parties consent to
the stay in writing;
``(B) the motion is filed not later than 120 days
after service of the first complaint in the action of
the primary party that is asserted as the basis for the
secondary party's alleged infringement; and
``(C) the secondary party agrees to be bound by any
judgment entered against the primary party to the same
extent as such primary party may be bound with respect
to issues that the primary and secondary parties have
in common.
``(2) Treatment of secondary party.--During a stay under
paragraph (1), the secondary party shall be treated as a
nonparty to the action against the primary party for purposes
of discovery, hearings, trial, or otherwise. The stay shall
continue until such time that a final adjudication in the
action against the primary party has been entered and all
appeals thereof exhausted.
``(b) Other Authority Not Affected.--Nothing in this section shall
be construed as abrogating a court's discretion to grant any stay or
expand any stay granted pursuant to this section where otherwise
permitted by law.
``(c) Definitions.--In this section:
``(1) Primary party.--The term `primary party' means a
person who manufacturers or supplies, or causes the manufacture
or supply of, an apparatus, product, feature, device, method,
system, process, function, act, service, or other
instrumentality, in whole or in material part--
``(A) that is alleged to infringe a patent in
dispute; or
``(B) that uses a process alleged to infringe a
patent in dispute.
``(2) Secondary party.--The term `secondary party' means a
party accused of infringing a patent in dispute based on the
use, distribution, resale, or consumption of a product or
process by a primary party.''.
(b) Conforming Amendment.--The table of sections for chapter 29 of
title 35, United States Code, is amended by adding at the end the
following:
``300. Stay of action against secondary parties.''.
SEC. 5. STAY OF DISCOVERY.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 300A. Stay of discovery in patent infringement suits
``(a) In General.--Except as provided in subsections (b) and (c),
in a civil action arising under any Act of Congress relating to
patents--
``(1) the court shall stay discovery until after the court
has ruled on--
``(A) any motion to dismiss the action; and
``(B) any motion to transfer venue of the action;
and
``(2) if the court determines that a ruling relating to the
construction of terms used in a patent claim asserted in the
complaint in the action is required, the court shall stay
discovery until after the court has made the ruling.
``(b) Exception.--Notwithstanding subsection (a), the court may, in
an action described in that subsection, allow discovery to the extent
necessary for the court to make the ruling under paragraph (1) or (2)
of that subsection, as the case may be.
``(c) Discretion To Expand Scope of Discovery in Extraordinary
Circumstances.--If, under any provision of Federal law (including the
Drug Price Competition and Patent Term Restoration Act (Public Law 98-
417)), the court determines that extraordinary circumstances exist
because resolution within a specified period of time of a civil action
arising under any Act of Congress relating to patents will have an
automatic impact upon the rights of a party with respect to the patent,
the court may permit discovery in addition to the discovery authorized
under subsection (b) before the ruling described in subsection (b) as
necessary to ensure timely resolution of the action.
``(d) Preservation of Evidence.--
``(1) In general.--During the pendency of any stay of
discovery under this section, unless otherwise ordered by the
court, any party to the action with actual notice of the
allegations contained in the complaint shall treat all
documents, data compilations (including electronically recorded
or stored data), and tangible objects that are in the custody
or control of such person and that are relevant to the
allegations, as if they were the subject of a continuing
request for production of documents from an opposing party
under the Federal Rules of Civil Procedure.
``(2) Sanction for willful violation.--A party aggrieved by
the willful failure of an opposing party to comply with
paragraph (1) may apply to the court for an order awarding
appropriate sanctions.''.
(b) Conforming Amendment.--The table of sections for chapter 29 of
title 35, United States Code, is amended by adding at the end the
following:
``300A. Stay of discovery in patent infringement suits.''.
SEC. 6. SANCTIONS FOR ABUSIVE LITIGATION.
(a) In General.--Chapter 29 of title 35, United States Code, is
amended by adding at the end the following:
``Sec. 300B. Sanctions for abusive litigation
``(a) Mandatory Review by Court.--In any civil action arising under
any Act of Congress relating to patents, upon final adjudication of the
action, the court shall include in the record specific findings
regarding compliance by each party and each attorney representing any
party with each requirement of Rule 11(b) of the Federal Rules of Civil
Procedure as to any complaint, responsive pleading, or dispositive
motion.
``(b) Sanctions.--If the court makes a finding under subsection (a)
that a party or attorney violated any requirement of Rule 11(b) of the
Federal Rules of Civil Procedure as to any complaint, responsive
pleading, or dispositive motion, the court may impose sanctions on such
party or attorney in accordance with Rule 11 of the Federal Rules of
Civil Procedure. Before making a finding that any party or attorney has
violated Rule 11 of the Federal Rules of Civil Procedure, the court
shall give such party or attorney notice and an opportunity to
respond.''.
(b) Conforming Amendments.--
(1) Table of contents.--The table of sections for chapter
29 of title 35, United States Code, is amended by adding at the
end the following:
``300B. Sanctions for abusive litigation.''.
(2) Award of attorneys fees in exceptional cases.--Section
285 of title 35, United States Code, is amended by striking
``The court'' and inserting ``Subject to section 300B(b), the
court''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply to civil
actions commenced on or after the date of the enactment of this Act. | Patent Litigation and Innovation Act of 2013 - Directs a party alleging infringement in a civil action arising under any Act of Congress relating to patents to include in the court pleadings: an identification of each patent and claim allegedly infringed as well as the accused apparatus, product, feature, device, method, system, process, function, act, service, or other instrumentality (referred to as an "accused instrumentality") alleged to infringe any such claim; an identification of the name or model number of accused instrumentalities that allegedly result in the practice of a claimed invention; for each accused instrumentality, an explanation of where each element of each asserted claim identified is found within the accused instrumentality, whether each such element is infringed literally or under the doctrine of equivalents, and how the terms in each asserted claim correspond to the functionality of the accused instrumentality; for each claim alleged to have been infringed indirectly, a description of the direct infringement, any person alleged to be a direct infringer known to the party alleging infringement, and the acts of the alleged indirect infringer that contribute to or are inducing the direct infringement; a description of the right of the party alleging infringement to assert each identified patent and claim; the principal business of the party alleging infringement; and the identity of any person other than the party alleging infringement, known to the party alleging infringement, who: (1) owns or co-owns an identified patent or is the assignee of, or an exclusive licensee to, such patent; or (2) has a legal or financial right to enforce an identified patent. Sets forth procedures with respect to the joinder of parties, stays of action against secondary parties (parties accused of infringing a patent in dispute based on the use, distribution, resale, or consumption of a product or process by a primary party), and stays of discovery until the court has ruled on any motions to dismiss or transfer venue. Permits the court to expand discovery in extraordinary circumstances. Directs the court, upon final adjudication, to include in the record specific findings on the compliance by each party and attorney with Federal Rules of Civil Procedure addressing proper representations to the court, including findings that motions and pleading were not presented to harass, delay, or increase litigation costs and that claims were nonfrivolous and based on evidentiary support. Authorizes sanctions for: (1) a willful failure to preserve evidence during a stay of discovery, and (2) a violation of the representation to the court rules. | Patent Litigation and Innovation Act of 2013 |
SECTION 1. TEMPORARY DUTY SUSPENSION FOR PERSONAL EFFECTS OF
PARTICIPANTS IN CERTAIN WORLD ATHLETIC EVENTS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new heading:
`` 9902.98.08 Any of the
following
articles not
intended for sale
or distribution
to the public:
personal effects
of aliens who are
participants in,
officials of, or
accredited
members of
delegations to,
the 1999
International
Special Olympics,
the 1999 Women's
World Cup Soccer,
the 2001
International
Special Olympics,
the 2002 Salt
Lake City Winter
Olympics, and the
2002 Winter
Paralympic Games,
and of persons
who are immediate
family members of
or servants to
any of the
foregoing
persons;
equipment and
materials
imported in
connection with
the foregoing
events by or on
behalf of the
foregoing persons
or the organizing
committees of
such events;
articles to be
used in
exhibitions
depicting the
culture of a
country
participating in
any such event;
and, if
consistent with
the foregoing,
such other
articles as the
Secretary of
Treasury may
allow............ Free No change Free On or before [1/
1/2003]
(b) Taxes and Fees Not To Apply.--The articles described in heading
9902.98.08 of the Harmonized Tariff Schedule of the United States (as
added by subsection (a)) shall be free of taxes and fees which may be
otherwise applicable.
(c) No Exemption From Customs Inspections.--The articles described
in heading 9902.98.08 of the Harmonized Tariff Schedule of the United
States (as added by subsection (a)) shall not be free or otherwise
exempt or excluded from routine or other inspections as may be required
by the Customs Service.
SEC. 2. EFFECTIVE DATE.
The amendment made by this Act applies to articles entered, or
withdrawn from warehouse, for consumption on or after the 15th day
after the date of enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment, through January 1, 2003, to the personal effects of, and other equipment imported and used by, participants, their families and associated members, and officials involved in the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. Declares that such articles shall be: (1) free of applicable taxes and fees; but (2) not exempt from routine customs inspections. | A bill to suspend temporarily the duty on the personal effects of participants in, and certain other individuals associated with, the 1999 International Special Olympics, the 1999 Women's World Cup Soccer, the 2001 International Special Olympics, the 2002 Salt Lake City Winter Olympics, and the 2002 Winter Paralympic Games. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Construction Fund Qualified
Withdrawal Act of 2002''.
SEC. 2. AMENDMENT OF THE MERCHANT MARINE ACT OF 1936 TO ENCOURAGE
RETIREMENT OF CERTAIN FISHING VESSELS AND PERMITS.
(a) In General.--Section 607(a) of the Merchant Marine Act, 1936
(46 U.S.C. App. 1177(a)) is amended by adding at the end the following:
``Any agreement entered into under this section may be modified for the
purpose of encouraging the sustainability of the fisheries of the
United States by making the termination and withdrawal of a capital
construction fund a qualified withdrawal if done in exchange for the
retirement of the related commercial fishing vessels and related
commercial fishing permits.''.
(b) New Qualified Withdrawals.--
(1) Amendments to merchant marine act, 1936.--Section
607(f)(1) of the Merchant Marine Act, 1936 (46 U.S.C. App.
1177(f)(1)) is amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel'' in subparagraph (A) and
inserting ``vessel;'';
(C) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(D) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;''; and
(E) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a(b));
``(E) in the case of any such person or shareholder
for whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3) of the
Internal Revenue Code of 1986) to such person's or
shareholder's individual retirement plan (as defined in
section 7701(a)(37) of such Code); or
``(F) the payment to a person or corporation
terminating a capital construction fund for whose
benefit the fund was established and retiring related
commercial fishing vessels and permits.''.
(2) Secretary to ensure retirement of vessels and
permits.--The Secretary of Commerce by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by section 607(f)(1)(F) of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1177(f)(1)(F))
retires the related commercial use of fishing vessels and
commercial fishery permits.
(c) Conforming Amendments.--
(1) In general.--Section 7518(e)(1) of the Internal Revenue
Code of 1986 (relating to purposes of qualified withdrawals) is
amended--
(A) by striking ``for:'' and inserting
``for--'';
(B) by striking ``vessel, or'' in subparagraph (B)
and inserting ``vessel;'';
(C) by striking ``vessel.'' in subparagraph (C) and
inserting ``vessel;'';
(D) by inserting after subparagraph (C) the
following:
``(D) the payment of an industry fee authorized by
the fishing capacity reduction program under section
312 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861a);
``(E) in the case of any person or shareholder for
whose benefit such fund was established or any
shareholder of such person, a rollover contribution
(within the meaning of section 408(d)(3)) to such
person's or shareholder's individual retirement plan
(as defined in section 7701(a)(37)); or
``(F) the payment to a person terminating a capital
construction fund for whose benefit the fund was
established and retiring related commercial fishing
vessels and permits.''.
(2) Secretary to ensure retirement of vessels and
permits.--The Secretary of the Treasury by regulation shall
establish procedures to ensure that any person making a
qualified withdrawal authorized by section 7518(e)(1)(F) of the
Internal Revenue Code of 1986 retires the related commercial
use of fishing vessels and commercial fishery permits referred
to therein.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to withdrawals made
after the date of enactment of this Act. | Capital Construction Fund Qualified Withdrawal Act of 2002 - Amends the Merchant Marine Act and the Internal Revenue Code to permit as qualified withdrawals from fishing capital construction funds money used by retiring fishermen for the following purposes: (1) retiring an owner's commercial fishing vessels and related commercial fishing permits; (2) making a rollover contribution into an owner's individual retirement plan; and (3) making a payment of an industry fee authorized by the fishing capacity reduction program. | To provide for qualified withdrawals from the Capital Construction Fund for fishermen leaving the industry and for the rollover of Capital Construction Funds to individual retirement plans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Chief Data Officer Authorization Act''.
SEC. 2. CHIEF DATA OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is
amended by adding at the end the following new subsection:
``(c) Chief Data Officer.--
``(1) In general.--The Secretary, in consultation with the
Chief Information Officer, shall designate a career appointee
(as such term is defined in section 3132 of title 5, United
States Code) of the Department as the Chief Data Officer of the
Department.
``(2) Qualifications.--The Chief Data Officer shall possess
demonstrated training and experience in the management,
governance, generation, collection, protection, analysis, use,
and sharing of data, including the protection and de-
identification of personally identifiable information.
``(3) Functions.--The Chief Data Officer shall be
responsible for the following:
``(A) Ensuring that the Department conforms with
data management best practices recognized across
industry and the Federal Government.
``(B) Coordinating the organization and integration
of data across the Department for improved
interoperability, analysis, and decision-making.
``(C) Reviewing the impact of the infrastructure of
the Department regarding data integrity and
interoperability.
``(D) Coordinating the release of data for public
use following appropriate privacy reviews within the
Department, as coordinated with the Chief Privacy
Officer.
``(E) Promoting the use of modern data systems to
improve Department operations.
``(F) Coordinating the storage of Department
records in accordance with the National Archives and
Records Administration's General Records Schedules.
``(G) Overseeing, in coordination with the Chief
Privacy Officer of the Department, as appropriate, the
Department's compliance with the following
responsibilities:
``(i) Issuing guidelines ensuring and
maximizing the quality, objectivity, utility
and integrity of information (including
statistical information).
``(ii) Establishing administrative
mechanisms that allow affected persons to seek
and obtain correction of information maintained
and disseminated by relevant components of the
Department that does not comply with the
Department's guidelines.
``(iii) Reporting to the Director of the
Office of Management and Budget about the
number and nature of complaints received by
relevant components of the Department regarding
the accuracy of information disseminated and
how such complaints were handled by such
components.
``(H) Coordinating with appropriate officials of
the Department, including the Chief Privacy Officer,
component privacy officers, component Chief Data
Officers, and program managers, regarding the use of
data within their respective components and under their
authorities.
``(I) Serving as the liaison to other Federal
agencies and the Office of Management and Budget on
data and the best way to use existing Department data
for statistical purposes.
``(4) Component chief data officers.--The heads of each
operational component of the Department, in consultation with
the Chief Data Officer of the Department and the Chief
Information Officer of such component, shall designate a career
appointee (as such term is defined in section 3132 of title 5,
United States Code) from each such component of the Department
as the Chief Data Officer of their respective component. Each
such component Chief Data Officer shall--
``(A) have the qualifications described under
subsection (c)(2); and
``(B) coordinate with and assist the Chief Data
Officer of the Department in the implementation of the
functions specified in subparagraphs (A) through (F) of
paragraph (3) for their respective component.
``(5) Reports.--Not later than 180 days after the date of
the enactment of this subsection and periodically thereafter as
necessary, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the implementation of this subsection,
including any concerns regarding such implementation.''.
Passed the House of Representatives September 4, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Department of Homeland Security Chief Data Officer Authorization Act (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Chief Information Officer of the Department of Homeland Security (DHS) to designate a career appointee of DHS as its Chief Data Officer. The bill sets forth the responsibilities of the Chief Data Officer, including: (1) ensuring that DHS conforms with recognized data management best practices, (2) coordinating the release of data for public use after privacy reviews, (3) promoting the use of modern data systems to improve DHS operations, and (4) serving as the liaison to other federal agencies and the Office of Management and Budget on data. | Department of Homeland Security Chief Data Officer Authorization Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless 411 Privacy Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are roughly 150 million wireless subscribers in
the United States, up from approximately 15 million subscribers
just a decade ago;
(2) wireless phone service has proven valuable to millions
of Americans because of its mobility, and the fact that
government policies have expanded opportunities for new
carriers to enter the market, offering more choices and ever
lower prices for consumers;
(3) in addition to the benefits of competition and
mobility, subscribers also benefit from the fact that wireless
phone numbers have not been publicly available;
(4) up until now, the privacy of wireless subscribers has
been safeguarded and thus vastly diminished the likelihood of
subscribers receiving unwanted or annoying phone call
interruptions on their wireless phones;
(5) moreover, because their wireless contact information,
such as their phone number, have never been publicly available
in any published directory or from any directory assistance
service, subscribers have come to expect that if their phone
rings it's likely to be a call from someone to whom they have
personally given their number;
(6) the wireless industry is poised to begin implementing a
directory assistance service so that callers can reach wireless
subscribers, including subscribers who have not given such
callers their wireless phone number;
(7) while some wireless subscribers may find such directory
assistance service useful, current subscribers deserve the
right to choose whether they want to participate in such a
directory;
(8) because wireless users are typically charged for
incoming calls, consumers must be afforded the ability to
maintain the maximum amount of control over how many calls they
may expect to receive and, in particular, control over the
disclosure of their wireless phone number;
(9) current wireless subscribers who elect to participate,
or new wireless subscribers who decline to be listed, in any
new wireless directory assistance service directory, including
those subscribers who also elect not to receive forwarded calls
from any wireless directory assistance service, should not be
charged for exercising such rights;
(10) the marketplace has not yet adequately explained an
effective plan to protect consumer privacy rights;
(11) Congress previously acted to protect the wireless
location information of subscribers by enacting prohibitions on
the disclosure of such sensitive information without the
express prior authorization of the subscriber; and
(12) the public interest would be served by similarly
enacting effective and industry-wide privacy protections for
consumers with respect to wireless directory assistance
service.
SEC. 3. CONSUMER CONTROL OF WIRELESS PHONE NUMBERS.
Section 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c))
is amended by adding at the end the following:
``(9) Wireless consumer privacy protection.--
``(A) In general.--A provider of commercial mobile
services, or any direct or indirect affiliate or agent
of such a provider, may not include the wireless
telephone number information of any subscriber in any
wireless directory assistance service database unless--
``(i) the mobile service provider provides
a conspicuous, separate notice to the
subscriber informing the subscriber of the
right not to be listed in any wireless
directory assistance service; and
``(ii) the mobile service provider obtains
express prior authorization for listing from
such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.
``(B) Cost-free de-listing.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such a provider, shall remove the
wireless telephone number information of any subscriber
from any wireless directory assistance service database
upon request by that subscriber and without any cost to
the subscriber.
``(C) Wireless accessibility.--A provider of
commercial mobile services, or any direct or indirect
affiliate or agent of such provider, may connect a
calling party from a wireless directory assistance
service to a commercial mobile service subscriber only
if--
``(i) such subscriber is provided prior
notice of the calling party's identity and is
permitted to accept or reject the incoming call
on a per-call basis;
``(ii) such subscriber's wireless telephone
number information is not disclosed to the
calling party; and
``(iii) such subscriber has not declined or
refused to participate in such database.
``(D) Protection of wireless phone numbers.--A
telecommunications carrier shall not disclose in its
billing information provided to customers wireless
telephone number information of subscribers who have
indicated a preference to their commercial mobile
services provider for not having their wireless
telephone number information disclosed. Notwithstanding
the preceding sentence, a telecommunications carrier
may disclose a portion of the wireless telephone number
in its billing information if the actual number cannot
be readily ascertained.
``(E) Publication of directories prohibited.--A
provider of commercial mobile services, or any direct
or indirect affiliate or agent of such a provider, may
not publish, in printed, electronic, or other form, or
sell or otherwise disseminate, the contents of any
wireless directory assistance service database, or any
portion or segment thereof unless--
``(i) the mobile service provider provides
a conspicuous, separate notice to the
subscriber informing the subscriber of the
right not to be listed; and
``(ii) the mobile service provider obtains
express prior authorization for listing from
such subscriber, separate from any
authorization obtained to provide such
subscriber with commercial mobile service, or
any calling plan or service associated with
such commercial mobile service, and such
authorization has not been subsequently
withdrawn.
``(F) No consumer fee for retaining privacy.--A
provider of commercial mobile services may not charge
any subscriber for exercising any of the rights under
this paragraph.
``(G) State and local laws pre-empted.--To the
extent that any State or local government imposes
requirements on providers of commercial mobile
services, or any direct or indirect affiliate or agent
of such providers, that are inconsistent with the
requirements of this paragraph, this paragraph preempts
such State or local requirements.
``(H) Definitions.--In this paragraph:
``(i) Calling party's identity.--The term
`calling party's identity' means the telephone
number of the calling party or the name of
subscriber to such telephone, or an oral or
text message which provides sufficient
information to enable a commercial mobile
services subscriber to determine who is
calling.
``(ii) Unlisted commercial mobile services
subscriber.--The term `unlisted commercial
mobile services subscriber' means a subscriber
to commercial mobile services who has not
provided express prior consent to a commercial
mobile service provider to be included in a
wireless directory assistance service database.
``(iii) Wireless telephone number
information.--The term `wireless telephone
number information' means the telephone number,
electronic address, and any other identifying
information by which a calling party may reach
a subscriber to commercial mobile services, and
which is assigned by a commercial mobile
service provider to such subscriber, and
includes such subscriber's name and address.
``(iv) Wireless directory assistance
service.--The term `wireless directory
assistance service' means any service for
connecting calling parties to a subscriber of
commercial mobile service when such calling
parties themselves do not possess such
subscriber's wireless telephone number
information.''. | Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number (wireless number) of any subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn.
Requires a provider to remove the wireless number of any subscriber from a WDAS upon request of that subscriber and without subscriber cost. Provides limited circumstances under which a provider may connect a calling party from a WDAS to a commercial mobile service subscriber.
Prohibits a telecommunications carrier from disclosing in billing information provided to customers wireless numbers of subscribers who have indicated a preference to their provider for not having their wireless number disclosed.
Prohibits a provider from publishing (listing) in any form, selling, or otherwise distributing the contents of any WDAS database unless the provider: (1) notifies the subscriber of the right not to be listed; and (2) obtains express prior authorization for listing from such subscriber, and that authorization has not been withdrawn.
Prohibits a provider from charging a subscriber for the exercise of any rights under this Act. | A bill to amend the Communications Act of 1934 to protect the privacy rights of subscribers to wireless communications services. |
SECTION 1. TASK FORCE ON UROTRAUMA.
(a) Establishment.--Subject to the availability of appropriations
for such purpose, the Secretary of Defense shall establish a task force
to be known as the ``Task Force on Urotrauma'' (in this section
referred to as the ``Task Force'') to continue and expand the report of
the Secretary on urotrauma titled ``Genitourinary Trauma in the
Military'' and dated December 27, 2011.
(b) Consultation.--In carrying out this section, the Secretary of
Defense shall consult with the Secretary of Veterans Affairs and the
Secretary of Health and Human Services.
(c) Duties.--The Task Force shall conduct a study on urotrauma
among members of the Armed Forces and veterans, including--
(1) an analysis of the incidence, duration, morbidity rate,
and mortality rate of urotrauma;
(2) an analysis of the social and economic costs and
effects of urotrauma;
(3) with respect to the Department of Defense and
Department of Veterans Affairs, an evaluation of the
facilities, access to private facilities, resources, personnel,
and research activities that are related to the diagnosis,
prevention, and treatment of urotrauma;
(4) an evaluation of programs (including such biological,
behavioral, environmental, and social programs) that improve
the prevention or treatment of urotrauma;
(5) a long-term plan for the use and organization of the
resources of the Federal Government to improve the prevention
and treatment of urotrauma;
(6) an analysis of shortfalls in research, expertise, and
health care infrastructure for female victims of urotrauma;
(7) an analysis of technical, administrative, and budgetary
mechanisms to allow for enhanced reproductive services for
members who have been affected by urotrauma or who are at high
risk of urotrauma;
(8) an assessment of opportunities to enhance the
coordination of--
(A) Federal resources used to research, prevent,
and continuously improve the management of urotrauma;
and
(B) inter-agency efforts regarding the chronic
physical, behavioral, and emotional care of victims of
urotrauma; and
(9) updates to the report referred to in subsection (a).
(d) Membership.--
(1) Appointed members.--In addition to the ex officio
members described in paragraph (2), the Task Force shall be
composed of 19 members as follows:
(A) Sixteen members appointed by the Secretary of
Defense.
(B) One member appointed by the Secretary of Health
and Human Services from among officers or employees of
the National Institute of Diabetes and Digestive and
Kidney Diseases whose primary interest is in the field
of urotrauma.
(C) The Chief of the Department of Surgery of
Walter Reed National Military Medical Center.
(D) The Chief Medical Director of the Department of
Veterans Affairs.
(2) Ex officio members.--The nonvoting, ex officio members
of the Task Force are as follows:
(A) The Surgeon General of the Navy.
(B) The Surgeon General of the Army.
(C) The Surgeon General of the Air Force.
(D) The Medical Officer of the Marine Corps.
(E) The Director of the National Institutes of
Health.
(F) The Director of the National Institute of
Diabetes and Digestive and Kidney Diseases.
(G) The Director of the Division of Kidney,
Urologic, and Hematologic Diseases of the National
Institute of Diabetes and Digestive Kidney Diseases.
(H) The Director of the National Institute of
Biomedical Imaging and Bioengineering.
(3) Qualifications.--In appointing members under paragraph
(1)(A), the Secretary of Defense shall appoint individuals with
experience related to--
(A) studying or researching urotrauma;
(B) preventing or treating urotrauma; or
(C) suffering from urotrauma.
(4) Term.--Each member shall be appointed for the life of
the Task Force.
(5) Vacancies.--A vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(6) Pay.--
(A) Except as provided in subparagraph (C), members
of the Task Force shall serve without pay.
(B) Except as provided in subparagraph (C), members
of the Task Force who are full-time officers or
employees of the United States may not receive
additional pay, allowances, or benefits by reason of
their service on the Task Force.
(C) Each member shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5, United States Code.
(7) Quorum.--A majority of members of the Task Force shall
constitute a quorum but a lesser number may hold hearings.
(8) Chairperson.--The Secretary of Defense shall designate
a member as the chairperson of the Task Force.
(9) Meetings.--The Task Force shall meet at the call of the
chairperson.
(e) Staff.--
(1) Director.--The Task Force shall have a director who
shall be appointed by the chairperson.
(2) Staff.--Subject to rules prescribed by the Task Force,
the chairperson may appoint additional personnel as the
chairperson considers appropriate.
(3) Applicability of certain civil service laws.--The
director and staff of the Task Force shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(4) Experts and consultants.--Subject to rules prescribed
by the Task Force, the chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(5) Staff to federal agencies.--Upon request of the
chairperson, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Task Force to assist it in carrying
out its duties under this section.
(f) Powers of Task Force.--
(1) Hearings and sessions.--The Task Force may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Task Force considers appropriate. The Task Force may
administer oaths or affirmations to witnesses appearing before
it.
(2) Powers of members and agents.--Any member or agent of
the Task Force may, if authorized by the Task Force, take any
action which the Task Force is authorized to take by this
section.
(3) Obtaining official data.--The Task Force may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the chairperson of the Task Force, the head of
that department or agency shall furnish that information to the
Task Force.
(4) Mails.--The Task Force may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(5) Administrative support services.--Upon the request of
the Task Force, the Administrator of General Services shall
provide to the Task Force, on a reimbursable basis, the
administrative support services necessary for the Task Force to
carry out its responsibilities under this section.
(g) Reports.--
(1) Interim report.--Not later than one year after the date
on which the members are appointed under subsection (d)(1), the
Task Force shall submit to the appropriate congressional
committees an interim report on the study conducted under
subsection (c).
(2) Final report.--Not later than two years after the date
on which the members are appointed under subsection (d)(1), the
Task Force shall submit to the appropriate congressional
committees a final report on the study conducted under
subsection (c), including any recommendations the Task Force
considers appropriate to improve the prevention and treatment
of urotrauma among members of the Armed Forces and veterans.
(h) Termination.--The Task Force shall terminate on the date that
is 60 days after the date on which the Task Force submits the final
report under subsection (g)(2).
(i) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services of the House
of Representatives and Senate; and
(B) the Committees on Veterans' Affairs of the
House of Representatives and Senate.
(2) The term ``urotrauma'' means injury to the urinary
tract (including the kidneys, ureters, urinary bladder,
urethra, and female and male genitalia) from a penetrating,
blunt, blast, thermal, chemical, or biological cause.
(j) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
to carry out this section $1,000,000 for each of fiscal years
2014 through 2017.
(2) Offset.--The amount otherwise authorized to be
appropriated for operation and maintenance, Defense-wide, for
the Office of the Secretary of Defense for each of fiscal years
2014 through 2017 is reduced by $1,000,000. | Directs the Secretary of Defense (DOD), in order to continue and expand the DOD report submitted in 2011, to establish the Task Force on Urotrauma to: (1) conduct a study on urotrauma (injury to the urinary tract from a penetrating, blunt, blast, thermal, chemical, or biological cause) among members of the Armed Forces and veterans; and (2) provide an interim and final report to the congressional defense and veterans committees on such study. | To direct the Secretary of Defense to establish a task force on urotrauma. |
SECTION. 1. SHORT TITLE.
This Act may be cited as ``Social Security Information Act of
1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) information regarding the solvency of the social
security trust funds, and personal earnings and benefits
estimates is vital for working Americans to plan a financially
secure retirement;
(2) over the next 35 years, the number of American people
age 65 and older will double, while the number of people age 20
to 64 will increase by only 20 percent, and these demographic
changes will have a significant impact on the future of the
social security system;
(3) simplified and accurate information regarding the
social security system is needed to enable working Americans to
understand and adjust to those demographic changes;
(4) more than 50 percent of the workers in the United
States do not have a pension and that percentage is increasing
for younger age groups, 50 percent of families in the United
States have less than $1,000 in net financial assets, and the
median amount of savings among adults who are in their late
50s, the age of a worker facing immediate retirement, is still
less than $10,000;
(5) lack of information has, in part, caused poor financial
planning for future retirement, resulting in insufficient
savings;
(6) the General Accounting Office reports that the Personal
Earnings and Benefits Estimate Statements (PEBES) initiative is
an important step towards better informing the public about the
programs and benefits under the social security system, but
extensive revisions to the PEBES are needed to ensure better
understanding of that system and effective communication to the
general public about that system; and
(7) public awareness of the long-term financial soundness
of the social security system will facilitate necessary reform
of that system and increase public confidence in the system.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to require the Commissioner of Social Security to
provide simple and accurate information on the fiscal status of
the social security trust funds and on the personal earnings
and benefits estimates of all eligible individuals in order to
allow working Americans to better plan their retirement;
(2) to prohibit the use of any message or design relating
to such information that may mislead or confuse the general
public; and
(3) to build public confidence in the social security
system through the requirement of full disclosure and increased
awareness of the fiscal soundness of the system.
SEC. 4. INFORMATION REQUIREMENTS FOR STATEMENTS.
(a) Information Requirements for Social Security Account
Statement.--Section 1143(a) of the Social Security Act (42 U.S.C.
1320b-13(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B), by inserting ``, including
a separate estimate of the amount of interest earned on
the contributions,'' after ``disability insurance'';
(B) in subparagraph (C)--
(i) by inserting ``, including a separate
estimate of the amount of interest earned on
the contributions,'' after ``hospital
insurance''; and
(ii) by striking ``and'' after the
semicolon;
(C) in subparagraph (D), by striking the period at
the end and inserting a semicolon;
(D) by redesignating subparagraphs (A), (B), (C),
and (D) as subparagraphs (B), (C), (D), and (E),
respectively;
(E) by inserting after the matter preceding
subparagraph (B), as redesignated by subparagraph (D),
the following:
``(A) the name, age, gender, mailing address, and marital
status of the eligible individual;'';
(F) by adding at the end the following:
``(F) the total amount of the employer and employee
contributions for the eligible individual for old-age and
survivors insurance benefits, as of the end of the month
preceding the date of the statement, in both actual dollars and
dollars adjusted for inflation;
``(G) the projected value of--
``(i) the aggregate amount of the employer and
employee contributions for old-age and survivors
insurance benefits that are expected to be made by or
on behalf of the individual prior to the individual
attaining retirement age, in both actual dollars and
dollars adjusted for inflation;
``(ii) the annual amount of old-age and survivors
insurance benefits that are expected to be payable on
the eligible individual's account for a single
individual and for a married couple, in dollars
adjusted for inflation;
``(iii) the total amount of old-age and survivors
insurance benefits payable on the eligible individual's
account for the individual's life expectancy, in
dollars adjusted for inflation, identifying--
``(I) the life expectancy assumed;
``(II) the amount of benefits received on
the basis of each $1 of contributions made by
or on behalf of the individual; and
``(III) the projected annual rate of return
for the individual, taking into account the
date on which the contributions are made in the
eligible individual's account and the date on
which the benefits are paid;
``(iv) the total amount of old-age and survivors
insurance benefits that would have accumulated on the
eligible individual's account on the date on which the
individual attains retirement age if the contributions
for such individual had been invested in Treasury 10-
year saving bonds at the prevailing interest rate for
such bonds as of the end of the month preceding the
date of the statement, in dollars adjusted for
inflation, identifying--
``(I) the date of retirement assumed;
``(II) the interest rate used for the
projection; and
``(III) the amount that would be received
on the basis of each $1 of contributions made
by or on behalf of the individual;
``(H) the average annual rate of return, adjusted for
inflation, on the Treasury 10-year saving bond as of the date
of the statement;
``(I) the average annual rate of return, adjusted for
inflation, on the Standard and Poor's 500, or an equivalent
portfolio of common stock equities that are based on a broad
index of United States market performance, for the preceding 25
years;
``(J) a brief statement that identifies--
``(i) the balance of the trust fund accounts as of
the end of the month preceding the date of the
statement;
``(ii) the annual estimated balance of the trust
fund accounts for each of the succeeding 30 years; and
``(iii) the assumptions used to provide the
information described in clauses (i) and (ii),
including the rates of return and the nature of the
investments of such trust fund accounts; and
``(K) a simple 1-page summary and comparison of the
information that is provided to an eligible individual under
subparagraphs (G), (H), and (I).''; and
(2) by striking paragraph (3) and inserting the following:
``(3) The estimated amounts required to be provided in a statement
under this section shall be determined by the Commissioner using a
general methodology for making such estimates, as formulated and
published at the beginning of each calendar year by the Board of
Trustees of the trust fund accounts. A description of the general
methodology used shall be provided to the eligible individual as part
of the statement required under this section.
``(4) The Commissioner of Social Security shall notify an
individual who receives a social security account statement under this
section that the individual may request that the information described
in paragraph (2) be determined on the basis of relevant information
provided by the individual, including information regarding the
individual's future income, marital status, date of retirement, or
race.
``(5) For purposes of this section--
``(A) the term `dollars adjusted for inflation' means--
``(i) dollars in constant or real value terms on
the date on which the statement is issued; and
``(ii) an amount that is adjusted on the basis of
the Consumer Price Index.
``(B) the term `eligible individual' means an individual
who--
``(i) has a social security account number;
``(ii) has attained age 25 or over; and
``(iii) has wages or net earnings from self-
employment; and
``(C) the term `trust fund account' means--
``(i) the Federal Old-Age and Survivors Insurance
Trust Fund; and
``(ii) the Federal Disability Insurance Trust
Fund.''.
(b) Mandatory Provision of Statements.--Section 1143(c)(2) of the
Social Security Act (42 U.S.C. 1320b-13(c)(2)) is amended by striking
``With respect to'' and all that follows.
(c) Technical Amendment.--Section 1143 of the Social Security Act
(42 U.S.C. 1320b-13) is amended by striking ``Secretary'' each place it
appears and inserting ``Commissioner of Social Security''.
(d) Effective Date.--The amendments made by this Act shall apply to
statements provided for fiscal years beginning after the date of
enactment of this Act. | Social Security Information Act of 1997 - Amends title XI of the Social Security Act to revise requirements for the social security account statements distributed annually by the Secretary of Health and Human Services. Requires such statements to include: (1) a separate estimate of the interest earned on employee and self-employment contributions for hospital insurance and old-age, survivors, and disability insurance; (2) specified information on the projected value of the aggregate amount of employer and employee contributions for old-age and survivors insurance, as well as annual and total amounts of benefits, in dollars adjusted for inflation; (3) the average annual rates of return on Treasury ten-year savings bonds and the Standard and Poor's 500; and (4) monthly and projected annual trust fund balances. | Social Security Information Act of 1997 |
SECTION 1. GO GIRL GRANTS.
Title III of the Elementary and Secondary Act of 1965 (20 U.S.C.
6001 et seq.) is amended by adding at the end the following new part:
``PART F--GETTING OUR GIRLS READY FOR THE 21ST CENTURY (GO GIRL)
``SEC. 3601. FINDINGS.
``Congress finds the following:
``(1) Women have historically been underrepresented in
mathematics, science, engineering, and technology occupations.
``(2) Female students take fewer high-level mathematics and
science courses in high school than male students.
``(3) Female students take far fewer advanced computer
classes than male students take and tend to take only basic
data entry and word processing classes.
``(4) Female students earn fewer baccalaureate, masters,
and doctoral degrees in mathematics, science, engineering, and
technology than male students.
``(5) Early career exploration is key to choosing a career.
``(6) Teachers' attitudes, methods of teaching, and
classroom atmosphere affect female student's interest in
nontraditional fields.
``(7) Stereotypes about appropriate careers for females, a
lack of female role models, and a lack of basic career
information significantly deters girls' interest in
mathematics, science, engineering, and technology careers.
``(8) Females consistently rate themselves significantly
lower than males in computer ability.
``(9) In the coming years, 65 percent of the economy will
be based on information-technology.
``(10) Limited access is a hurdle faced by females seeking
jobs in mathematics, science, engineering, and technology.
``(11) Common recruitment and hiring practices make
extensive use of traditional networks that often overlook
females.
``SEC. 3602. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 3605, the
Secretary is authorized to provide grants to and enter into contracts
or cooperative agreements with local educational agencies on behalf of
elementary and secondary schools to encourage the ongoing interest of
girls in science, mathematics, engineering, and technology and to
prepare girls to pursue undergraduate and graduate degrees and careers
in science, mathematics, engineering, or technology.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant, enter
into a contract, or cooperative agreement under this part, a
local educational agency shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may reasonably require.
``(2) Contents.--The application referred to in paragraph
(1) shall contain, at a minimum, the following:
``(A) A specific program description, including the
content of the program and the research and models used
to design the program.
``(B) A description of the collaboration between
elementary and secondary schools to fulfill goals of
the program.
``(C) An explanation regarding the recruitment and
selection of participants.
``(D) A description of the instructional and
motivational activities planned to be used.
``(E) An evaluation plan.
``SEC. 3603. ELEMENTARY SCHOOL PROGRAM.
``(a) Selection.--A local educational agency that receives a grant
under this part shall select elementary schools to provide services
that--
``(1) encourage girls in grades 4 through 8 to enjoy and
pursue studies in science, mathematics, engineering, and
technology;
``(2) acquaint girls in grades 4 through 8 with careers in
science, mathematics, engineering, and technology; and
``(3) educate the parents of girls in grades 4 through 8
about the difficulties faced by girls to maintain an interest
and desire to achieve in science, mathematics, engineering, and
technology and enlist the help of the parents in overcoming
these difficulties.
``(b) Services.--Services provided under this section shall include
one or more of the following:
``(1) Tutoring in reading, science, mathematics,
engineering, and technology.
``(2) Mentoring relationships, both in-person and through
the Internet.
``(3) Paying the costs of female students and their
teachers attending events and academic programs in science,
mathematics, engineering, and technology.
``(4) Providing after-school activities designed to
encourage the interest of girls in grades 4 and higher in
science, mathematics, engineering, and technology.
``(5) Summer programs designed to encourage interest, and
develop skills, in science, mathematics, engineering, and
technology.
``(6) Purchasing software designed for girls, or designed
to encourage girls' interest in science, mathematics,
engineering, and technology.
``(7) Offering Field trips to locations that educate and
encourage girls' interest in science, mathematics, engineering,
and technology.
``(8) Offering Field trips to locations that acquaint girls
with careers in science, mathematics, engineering, and
technology.
``(9) Purchasing and disseminating information to parents
of girls in grades 4 and higher that will help parents to
encourage their daughters' interest in science, mathematics,
engineering, and technology.
``SEC. 3604. SECONDARY SCHOOL PROGRAM.
``(a) Selection.--A local educational agency that receives a grant
under this part shall select secondary schools to provide services
that--
``(1) encourage girls in grades 9 and higher to major in
science, mathematics, engineering, and technology of a
institution of higher education;
``(2) provide academic advice and assistance in high school
course selection;
``(3) encourage girls in grades 9 and higher to plan for
careers in science, mathematics, engineering, and technology;
and
``(4) educate the parents of girls in grades 9 and higher
about the difficulties faced by girls to maintain an interest
in and desire to, achieve in science, mathematics, engineering,
and technology, and enlist the help of the parents in
overcoming these difficulties.
``(b) Services.--Services provided under this section shall include
one or more of the following:
``(1) Tutoring in science, mathematics, engineering, and
technology.
``(2) Mentoring relationships, both in-person and through
the Internet.
``(3) Paying the costs of female students and their
teachers attending events and academic programs in science,
mathematics, engineering, and technology.
``(4) Paying up to 50 percent of the cost of an internship
in science, mathematics, engineering, or technology for female
students.
``(5) Providing After-school activities designed to
encourage the interest of girls in grades 9 and higher in
science, mathematics, engineering, and technology, including
the cost of that portion of a staff salary to supervise these
activities.
``(6) Providing Summer programs designed to encourage
interest, and develop skills, in science, mathematics,
engineering, and technology.
``(7) Purchasing software designed for girls, or designed
to encourage girls' interest in science, mathematics,
engineering, and technology.
``(8) Offering Field trips to locations that educate and
encourage girls' interest in science, mathematics, engineering,
and technology.
``(9) Offering Field trips to locations that acquaint girls
with careers in science, mathematics, engineering, and
technology.
``(10) Visiting institutions of higher education to
acquaint girls with college-level programs in science,
mathematics, engineering, or technology, and meeting with
educators and female college students who will encourage them
to pursue degrees in science, mathematics, engineering, and
technology.
``SEC. 3605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $50,000,000 for fiscal
year 2002, and such sums as may be necessary for each of the 4
succeeding fiscal years to carry out this part.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a program for Getting Our Girls Ready for the 21st Century (Go Girl). Authorizes the Secretary of Education to make grants to, and contracts and cooperative agreements with, local educational agencies to provide subgrants to elementary and secondary schools for services that: (1) encourage the ongoing interest of girls in science, mathematics, and technology; and (2) prepare girls to pursue undergraduate and graduate degrees and careers in those fields. | To amend the Elementary and Secondary Education Act of 1965 to provide grants to local educational agencies to encourage girls to pursue studies and careers in science, mathematics, engineering, and technology. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Tax Relief Act of
2013''.
SEC. 2. PERMANENT EXTENSION OF AND MODIFICATIONS TO THE CHILD TAX
CREDIT.
(a) Permanent Extension of Increase in Refundable Portion.--
(1) In general.--Clause (i) of section 24(d)(1)(B) of the
Internal Revenue Code of 1986 is amended by striking
``$10,000'' and inserting ``$3,000''.
(2) Conforming amendment.--Subsection (d) of section 24 of
such Code is amended by striking paragraph (4).
(3) Elimination of inflation adjustment.--Subsection (d) of
section 24 of such Code is amended by striking paragraph (3).
(b) Inflation Adjustments.--Section 24 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new subsection:
``(g) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2012, the $1,000 amount in
subsection (a) and each of the dollar amounts in subsection
(b)(2) shall each 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, determined by substituting
`calendar year 2011' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$50.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 3. PERMANENT EXTENSION OF MODIFICATIONS TO EARNED INCOME TAX
CREDIT.
(a) Increase in Credit Percentage for Families With 3 or More
Children.--Paragraph (1) of section 32(b) of the Internal Revenue Code
of 1986 is amended by striking subparagraphs (B) and (C) and inserting
the following new subparagraph:
``(B) Increased credit percentage for families with
3 or more qualifying children.--In the case of an
eligible individual with 3 or more qualifying children,
the table in subparagraph (A) shall be applied by
substituting `45' for `40' in the second column
thereof.''.
(b) Joint Returns.--
(1) In general.--Subparagraph (B) of section 32(b)(2) of
the Internal Revenue Code of 1986 is amended by striking
``increased by'' and all that follows and inserting ``increased
by $5,000.''.
(2) Inflation adjustments.--Clause (ii) of section
32(j)(1)(B) of such Code is amended--
(A) by striking ``$3,000'' and inserting
``$5,000'',
(B) by striking ``subsection (b)(2)(B)(iii)'' and
inserting ``subsection (b)(2)(B)'', and
(C) by striking ``calendar year 2007'' and
inserting ``calendar year 2008''.
(c) Conforming Amendment.--Section 32(b)of such Code is amended by
striking paragraph (3).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. STRENGTHENING THE EARNED INCOME TAX CREDIT.
(a) Increased Credit for Individuals With No Qualifying Children.--
(1) In general.--The table in subparagraph (A) of section
32(b)(2) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$4,220'' in the second column and
inserting ``$8,820'', and
(B) by striking ``$5,280'' in the last column and
inserting ``$10,425''.
(2) Inflation adjustments.--Subparagraph (B) of section
32(j)(1) of the Internal Revenue Code of 1986, as amended by
this Act, is amended--
(A) in clause (i)--
(i) by inserting ``(except as provided in
clause (iii))'' after ``(b)(2)(A)'', and
(ii) by striking ``and'' at the end, and
(B) by adding at the end the following new clause:
``(iii) in the case of the $8,820 and
$10,4250 amount in the table in subsection
(b)(2)(A), by substituting `calendar year 2012'
for `calendar year 1992' in subparagraph (B) of
such section 1.''.
(b) Credit Increase and Reduction in Phaseout for Individuals With
No Children.--The table contained in section 32(b)(1)(A) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``7.65'' in the second column of the third
row and inserting ``15.3'', and
(2) by striking ``7.65'' in the third column of the third
row and inserting ``15.3''.
(c) Credit Allowed for Certain Childless Individuals Over Age 21.--
Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code
of 1986 (relating to eligible individual) is amended by striking ``age
25'' and inserting ``age 21''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 5. SIMPLIFYING THE EARNED INCOME TAX CREDIT.
(a) Modification of Abandoned Spouse Rule.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 (relating to eligible individual) is amended by
adding at the end the following new paragraph:
``(G) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii)(I) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse, or
``(II) has a legally binding separation
agreement with the individual's spouse and is
not a member of the same household with the
individual's spouse by the end of the taxable
year,
shall not be considered as married.''.
(2) Conforming amendments.--
(A) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``section 7703'' and inserting ``section 7703(a)''.
(B) Section 32(d) of such Code is amended by
striking ``In the case of an individual who is married
(within the meaning of section 7703)'' and inserting
``In the case of an individual who is married (within
the meaning of section 7703(a)) and is not described in
subsection (c)(1)(G)''.
(b) Elimination of Disqualified Investment Income Test.--
(1) In general.--Section 32 of the Internal Revenue Code of
1986 is amended by striking subsection (i).
(2) Conforming amendments.--
(A) Section 32(j)(1)(B)(i) of such Code, as amended
by this Act, is amended--
(i) by striking ``subsections'' and
inserting ``subsection'', and
(ii) by striking ``and (i)(1)''.
(B) Section 32(j)(2) of such Code is amended to
read as follows:
``(2) Rounding.--If any dollar amount in subsection
(b)(2)(A) (after being increased under subparagraph (B)
thereof), after being increased under paragraph (1), is not a
multiple of $10, such amount shall be rounded to the next
nearest multiple of $10.''.
(c) Simplification of Rules Regarding Presence of Qualifying
Child.--
(1) Taxpayer eligible for credit for worker without
qualifying child if qualifying child claimed by another member
of family.--Section 32(c)(1) of the Internal Revenue Code of
1986 (relating to eligible individual), as amended by this Act,
is amended by adding at the end the following new paragraph:
``(H) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other custodial parent of such
child who does not make such a claim of such
child may be considered an eligible individual
without a qualifying child for purposes of the
credit allowed under this section for such
taxable year.''.
(2) Taxpayer eligible for credit for worker without
qualifying child if qualifying children do not have valid
social security number.--Subparagraph (F) of section 32(c)(1)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012. | Working Families Tax Relief Act of 2013 - Amends the Internal Revenue Code, as amended by the American Recovery and Reinvestment Act of 2009, to: (1) make permanent the reduction in the income threshold (from $10,000 to $3,000) for determining the refundable portion of the child tax credit, (2) eliminate the inflation adjustment to such amount, and (3) allow an annual inflation adjustment after 2012 to the $1,000 maximum credit amount and the adjusted gross income threshold amounts used to reduce the allowable amount of such credit. Modifies the earned income tax credit to: (1) make permanent the increase in the rate of such credit for taxpayers with three or more children, (2) increase the credit for taxpayers with no qualifying children, (3) reduce from 25 to 21 the qualifying age for such credit, (4) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member, and (5) repeal the denial of such credit for taxpayers with excess investment income. | Working Families Tax Relief Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Access to Treatment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 506(a)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356(a)(1)) requires the Secretary of
Health and Human Services, at the request of the sponsor of a
new drug, to ``facilitate the development and expedite the
review of such drug if it is intended for the treatment of a
serious or life-threatening condition and it demonstrates the
potential to address unmet medical needs for such a
condition'', designating such a drug to be a ``fast track
product''.
(2) Section 506(b)(1) of such Act, however, provides that
the Secretary need not approve an application for approval of a
fast track product, even though the Secretary has determined
``that the product has an effect on a clinical endpoint or on a
surrogate endpoint that is reasonably likely to predict
clinical benefit''.
(3) Section 312.34(a) of title 21, of the Code of Federal
Regulations, provides for treatment use of a new drug, although
such ``drug . . . is not yet approved for marketing,'' but is
``under clinical investigation for a serious or immediately
life-threatening disease condition in patients for whom no
comparable or satisfactory alternative drug or other therapy is
available''.
(4) Although the stated purpose of both current law and
regulations, as stated under section 312.34(a) of such title,
is ``to facilitate the availability of promising new drugs to
desperately ill patients as early in the drug development
process as possible, before general marketing begins'', in
practice applications for approval of promising therapies
intended to treat such desperately ill patients suffering from
serious and immediately life-threatening diseases for whom no
comparable or alternative drug or other therapy is available
have encountered unjustified delays and denials.
(5) As a consequence of such delays and denials of
applications for such treatment use, desperately ill patients
suffering from serious and immediately life-threatening disease
conditions have been denied the last, and perhaps the only,
best chance for treatment protocols that might have saved their
lives.
(6) Applications for such treatment use ought not be
subject to the discretion of the Secretary, but should be
granted, in all cases, if such applications meet the statutory
criteria governing such applications.
(7) Applications for fast track product review ought not be
subject to the discretion of the Secretary, but should be
granted, in all cases, if such applications meet the statutory
criteria governing such applications as set forth in section
506(b)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356(b)(1)).
SEC. 3. TREATMENT USE APPROVAL SYSTEM.
Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355) is amended by adding at the end the following new subsection:
``(v) Treatment Use of an Investigational Drug.--
``(1) In general.--A drug that is not approved for
marketing, but is under clinical investigation for a serious or
immediately life-threatening disease condition in patients for
whom no comparable or satisfactory alternative drug or other
therapy is available, shall be made available for treatment use
by an individual patient if--
``(A) the drug is intended to treat a serious or
immediately life-threatening disease condition;
``(B) there is no comparable or satisfactory
alternative drug or other therapy available to treat
that stage of the disease in the person for whom the
drug is intended;
``(C) the drug is under investigation in a
controlled clinical trial as an investigational new
drug under subsection (i) in effect for the trial or
all clinical trials have been completed; and
``(D) an application for treatment use has been
filed in writing with the Food and Drug Administration
by a licensed practitioner and such application sets
forth--
``(i) the specific intended use of the
drug;
``(ii) an explanation of the rationale for
use of the drug, including an explanation as to
why the use of the investigational drug is
necessary in the treatment of the individual
patient;
``(iii) a treatment protocol, including the
method of the administration of the drug and
dosages;
``(iv) a statement of the qualifications of
the licensed practitioner to use the
investigational drug for the intended treatment
use;
``(v) a statement of the licensed
practitioner's familiarity with information of
the drug's safety and effectiveness derived
from previous clinical and nonclinical
experience with the drug; and
``(vi) a signed and notarized statement of
the individual patient, or guardian, if any,
setting forth in detail--
``(I) the information about the
drug's safety and effectiveness;
``(II) risks disclosed to the
patient; and
``(III) the patient's informed
consent to the treatment protocol to be
administered by the licensed
practitioner.
``(2) Permission for treatment use.--
``(A) Deadline.--Within 30 days of the filing of an
application for treatment use in compliance with
paragraph (1), the Secretary shall grant permission to
the sponsor of an investigational drug to furnish such
drug to the submitting licensed practitioner under such
terms as the sponsor, licensed practitioner, and
patient determine among themselves to be appropriate,
including any agreement to waive liability.
``(B) Treatment of emergencies.--If the need for an
investigational drug arises in an emergency situation
that does not allow time for submission of such an
application for treatment use in writing, such
application may be transmitted to the Secretary by
telephone or by other means of rapid communication, and
shall be acted on rapidly, but in no case later than 30
days after the date of receipt of the application.
``(3) Definitions.--In paragraph (1)--
``(A) the term `serious' means, with respect to a
disease or condition, a disease or condition that
causes major irreversible morbidity; and
``(B) the term `immediately life-threatening'
means, with respect to a disease or condition--
``(i) a disease or condition where the
likelihood of death is high unless the course
of the disease or condition is interrupted; or
``(ii) a disease or condition with
potentially fatal outcomes, where the end point
of clinical trial analysis is survival.''.
SEC. 4. REMOVING DISCRETION IN APPROVAL OF APPLICATION FOR FAST TRACK
PRODUCTS.
Section 506(b)(1) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 356(b)(1)) is amended by striking ``may'' and inserting
``shall''. | Early Access to Treatment Act - Amends the Federal Food, Drug, and Cosmetic Act to require a drug that is not approved for marketing, but that is under clinical investigation for a serious or immediately life-threatening disease condition in patients for whom no comparable or satisfactory alternative drug or other therapy is available, to be made available for treatment use by an individual patient if: (1) the drug is intended to treat such condition; (2) there is no comparable or satisfactory alternative available to treat that stage of the disease; (3) the drug is under investigation in a controlled clinical trial as an investigational new drug or all clinical trials have been completed; and (4) an application for treatment use has been filed with the Food and Drug Administration (FDA) by a licensed practitioner which sets forth the intended use of the drug, an explanation of the rationale for its use, the treatment protocol, statements of the practitioner's qualifications to use the drug and familiarity with its safety and effectiveness, and a notarized statement of the patient's informed consent.
Requires the Secretary of Health and Human Services, within 30 days after an application is filed, to grant permission to the sponsor to furnish such drug to the practitioner under such terms as the sponsor, practitioner, and patient determine to be appropriate, including any agreement to waive liability. Provides for application transmission by telephone or other means of rapid communication and for rapid action on it in an emergency situation.
Requires (current law authorizes) the Secretary to approve an application under the Public Health Service Act for a fast track product determined to have an effect on a clinical endpoint or on a surrogate endpoint that is reasonably likely to predict clinical benefit. | To amend the Federal Food, Drug, and Cosmetic Act to mandate early access by desperately ill patients to treatment use of new drugs under clinical investigation for a serious or immediately life-threatening disease condition for whom no comparable or satisfactory drug or other therapy is available. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``All-Of-The-Above Federal Building
Energy Conservation Act of 2013''.
SEC. 2. ENERGY PERFORMANCE REQUIREMENT FOR FEDERAL BUILDINGS.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253(a)) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Energy Performance Requirement for Federal Buildings.--
``(1) Requirement.--Subject to paragraph (2), each agency
shall apply energy conservation measures to, and shall improve
the design for the construction of, the Federal buildings of
the agency (including each industrial or laboratory facility)
so that the energy consumption per gross square foot of the
Federal buildings of the agency in fiscal years 2006 through
2020 is reduced, as compared with the energy consumption per
gross square foot of the Federal buildings of the agency in
fiscal year 2003, by the percentage specified in the following
table:
Percentage
``Fiscal Year Reduction
2006............................................... 2
2007............................................... 4
2008............................................... 9
2009............................................... 12
2010............................................... 15
2011............................................... 18
2012............................................... 21
2013............................................... 24
2014............................................... 27
2015............................................... 30
2016............................................... 33
2017............................................... 36
2018............................................... 39
2019............................................... 42
2020............................................... 45.
``(2) Exclusion for buildings with energy intensive
activities.--
``(A) In general.--An agency may exclude from the
requirements of paragraph (1) any building (including
the associated energy consumption and gross square
footage) in which energy intensive activities are
carried out.
``(B) Reports.--Each agency shall identify and list
in each report made under section 548(a) the buildings
designated by the agency for exclusion under
subparagraph (A).
``(3) Review.--Not later than December 31, 2016, the
Secretary shall review the results of the implementation of the
energy performance requirements established under paragraph
(1).
``(4) Subsequent fiscal years.--The Secretary may amend or
set energy performance requirements for Federal buildings for
each of fiscal years 2018 through 2025 by a rule that--
``(A) includes cost-benefit analysis and an
opportunity for public comment;
``(B) establishes levels that are technically
feasible and economically justifiable; and
``(C) considers any energy- and water-saving
measures identified in evaluations conducted under
subsection (f)(3).''; and
(2) in subsection (f)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (E),
(F), and (G) as subparagraphs (F), (G), and
(H), respectively; and
(ii) by inserting after subparagraph (D)
the following:
``(E) Ongoing commissioning.--The term `ongoing
commissioning' means an ongoing process of
commissioning using monitored data, the primary goal of
which is to ensure continuous optimum performance of a
facility, in accordance with design or operating needs,
over the useful life of the facility, while meeting
facility occupancy requirements.'';
(B) in paragraph (2), by adding at the end the
following:
``(C) Energy management system.--An energy manager
designated under subparagraph (A) shall consider use of
a system to manage energy use at the facility and
certification of the facility in accordance with the
International Organization for Standardization standard
numbered 50001 and entitled `Energy Management
Systems'.'';
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) Energy and water evaluations and commissioning.--
``(A) Evaluations.--Except as provided in
subparagraph (B), effective beginning on the date that
is 180 days after the date of enactment of the All-Of-
The-Above Federal Building Energy Conservation Act of
2013, and annually thereafter, each energy manager
shall complete, for each calendar year, a comprehensive
energy and water evaluation and recommissioning or
retrocommissioning for approximately 25 percent of the
facilities of each agency that meet the criteria under
paragraph (2)(B) in a manner that ensures that an
evaluation of each facility is completed at least once
every 4 years.
``(B) Exceptions.--An evaluation and
recommissioning shall not be required under
subparagraph (A) with respect to a facility that--
``(i) has had a comprehensive energy and
water evaluation during the 8-year period
preceding the date of the evaluation;
``(ii)(I) has been commissioned,
recommissioned, or retrocommissioned during the
10-year period preceding the date of the
evaluation; or
``(II) is under ongoing commissioning;
``(iii) has not had a major change in
function or use since the previous evaluation
and commissioning;
``(iv) has been benchmarked with public
disclosure under paragraph (8) within the year
preceding the evaluation; and
``(v)(I) based on the benchmarking, has
achieved at a facility level the most recent
cumulative energy savings target under
subsection (a) compared to the earlier of--
``(aa) the date of the most recent
evaluation; or
``(bb) the date--
``(AA) of the most recent
commissioning, recommissioning,
or retrocommissioning; or
``(BB) on which ongoing
commissioning began; or
``(II) has a long-term contract in place
guaranteeing energy savings at least as great
as the energy savings target under subclause
(I).
``(4) Implementation of identified energy and water
efficiency measures.--
``(A) In general.--Not later than 2 years after the
date of completion of each evaluation under paragraph
(3), each energy manager may--
``(i) implement any energy- or water-saving
measure that the Federal agency identified in
the evaluation conducted under paragraph (3)
that is life-cycle cost effective; and
``(ii) bundle individual measures of
varying paybacks together into combined
projects.
``(B) Measures not implemented.--The energy manager
shall, as part of the certification system under
paragraph (7), explain the reasons why any life-cycle
cost effective measures were not implemented under
subparagraph (A) using guidelines developed by the
Secretary.''; and
(D) in paragraph (7)(C), by adding at the end the
following:
``(iii) Summary report.--The Secretary
shall make available a report that summarizes
the information tracked under subparagraph
(B)(i) by each agency and, as applicable, by
each type of measure.''.
SEC. 3. FEDERAL BUILDING ENERGY EFFICIENCY PERFORMANCE STANDARDS;
CERTIFICATION SYSTEM AND LEVEL FOR GREEN BUILDINGS.
(a) Definitions.--Section 303 of the Energy Conservation and
Production Act (42 U.S.C. 6832) is amended--
(1) in paragraph (6), by striking ``to be constructed'' and
inserting ``constructed or altered''; and
(2) by adding at the end the following:
``(17) Major renovation.--The term `major renovation' means
a modification of building energy systems sufficiently
extensive that the whole building can meet energy standards for
new buildings, based on criteria to be established by the
Secretary through notice and comment rulemaking.''.
(b) Federal Building Efficiency Standards.--Section 305 of the
Energy Conservation and Production Act (42 U.S.C. 6834) is amended--
(1) in subsection (a)(3)--
(A) by striking ``(3)(A) Not later than'' and all
that follows through subparagraph (B) and inserting the
following:
``(3) Revised federal building energy efficiency
performance standards; certification for green buildings.--
``(A) Revised federal building energy efficiency
performance standards.--
``(i) In general.--Not later than 1 year
after the date of enactment of the All-Of-The-
Above Federal Building Energy Conservation Act
of 2013 and after the date of approval of each
subsequent revision of ASHRAE Standard 90.1 or
the International Energy Conservation Code, as
appropriate, the Secretary shall establish, by
rule, revised Federal building energy
efficiency performance standards that require
that--
``(I) new Federal buildings and
alterations and additions to existing
Federal buildings--
``(aa) meet or exceed the
most recent revision of the
International Energy
Conservation Code (in the case
of residential buildings) or
ASHRAE Standard 90.1 (in the
case of commercial buildings)
that the Secretary determines
saves energy compared to
previous versions of the Code
or Standard; and
``(bb) meet or exceed the
energy provisions of state and
local building codes applicable
to the building, if the codes
are more stringent than the
International Energy
Conservation Code or ASHRAE
Standard 90.1, as applicable;
``(II) unless demonstrated not to
be life-cycle cost effective for new
Federal buildings and Federal buildings
with major renovations--
``(aa) the buildings be
designed to achieve energy
consumption levels that are at
least 30 percent below the
levels established in the
version of the ASHRAE Standard
or the International Energy
Conservation Code, as
appropriate, that is applied
under clause (i); and
``(bb) sustainable design
principles are applied to the
siting, design, and
construction of all new Federal
buildings and replacement
Federal buildings;
``(III) if water is used to achieve
energy efficiency, water conservation
technologies shall be applied to the
extent that the technologies are life-
cycle cost effective; and
``(IV) if life-cycle cost
effective, as compared to other
reasonably available technologies, not
less than 30 percent of the hot water
demand for each new Federal building or
Federal building undergoing a major
renovation be met through the
installation and use of solar hot water
heaters.
``(ii) Limitation.--Clause (i)(I) shall not
apply to unaltered portions of existing Federal
buildings and systems that have been added to
or altered.'';
(B) in subparagraph (C), by striking ``(C) In the
budget request'' and inserting the following:
``(B) Budget request.--In the budget request''; and
(C) in subparagraph (D)--
(i) by striking clause ``(D) Not later
than'' and all that follows through the first
sentence of subclause (III) and inserting the
following:
``(C) Certification for green buildings.--
``(i) In general.--'';
(ii) by striking clause (ii);
(iii) in clause (iii), by striking ``(iii)
In identifying'' and inserting the following:
``(ii) Considerations.--In identifying'';
(iv) in clause (iv)--
(I) by striking ``(iv) At least
once'' and inserting the following:
``(iii) Study.--At least once''; and
(II) by striking ``clause (iii)''
and inserting ``clause (ii)'';
(v) in clause (v)--
(I) by striking ``(v) The Secretary
may'' and inserting the following:
``(iv) Internal certification processes.--
The Secretary may''; and
(II) by striking ``clause
(i)(III)'' each place it appears and
inserting ``clause (i)'';
(vi) in clause (vi)--
(I) by striking ``(vi) With
respect'' and inserting the following:
``(v) Privatized military housing.--With
respect''; and
(II) by striking ``develop
alternative criteria to those
established by subclauses (I) and (III)
of clause (i) that achieve an
equivalent result in terms of energy
savings, sustainable design, and'' and
inserting ``develop alternative
certification systems and levels than
the systems and levels identified under
clause (i) that achieve an equivalent
result in terms of''; and
(vii) in clause (vii), by striking ``(vii)
In addition to'' and inserting the following:
``(vi) Water conservation technologies.--In
addition to''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Periodic Review.--The Secretary shall--
``(1) every 5 years, review the Federal building energy
standards established under this section; and
``(2) on completion of a review under paragraph (1), if the
Secretary determines that significant energy savings would
result, upgrade the standards to include all new energy
efficiency and renewable energy measures that are
technologically feasible and economically justified.''. | All-Of-The-Above Federal Building Energy Conservation Act of 2013 - Amends the National Energy Conservation Policy Act to extend energy performance requirements for federal buildings for each of FY2016-FY2020 (from a 33% reduction from 2003 energy consumption level for FY2015 to a 45% reduction for FY2020). Requires agencies to report to the Secretary of Energy (DOE) on buildings that carry out energy intensive activities and that are designated by the agency for exclusion from such requirements. Requires the Secretary to review the results of the implementation of such requirements by December 31, 2016, (currently, December 31, 2013). Authorizes the Secretary to amend or set such performance requirements for each of FY2018-FY2025 by a rule that: (1) requires a cost-benefit analysis and an opportunity for public comment, (2) establishes performance levels that are technically feasible and economically justifiable, and (3) considers any energy- and water-saving measures identified in energy and water evaluations. Requires designated facility energy managers to consider using a system to manage energy use at their facilities in accordance with the International Organization for Standardization standard numbered 50001 and entitled "Energy Management Systems." Establishes exemptions from energy and water evaluation requirements. Requires energy managers, as part of the web-based certification, to explain the reasons why any life-cycle cost effective measures identified in such evaluation were not implemented. Requires the Secretary to make available a report that summarizes information tracked under such certification. Amends the Energy Conservation and Production Act to revise the definition of "federal building" to include buildings altered by federal agencies, and to define "major renovation," for purposes of such Act. Requires the Secretary to establish revised federal building energy efficiency performance standards after the approval of revisions of ASHRAE Standard 90.1 or the International Energy Conservation Code (IECC) to meet or exceed such revisions, including requiring, unless new or renovated federal buildings are demonstrated not to be life-cycle cost effective: (1) such buildings to be designed to achieve energy consumption levels that are at least 30% below the levels established in the ASHRAE Standard or the IECC, and (2) no less than 30% of the hot water demand for each new building or building undergoing a major renovation to be met through the installation and use of solar hot water heaters. Repeals a standard on fossil fuel-generated energy use in federal buildings. | All-Of-The-Above Federal Building Energy Conservation Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Financial
Collapse and Recovery Act of 2008''.
SEC. 2. ESTABLISHMENT.
There is hereby established the National Commission on the
Financial Collapse and Recovery of 2008 (in this Act referred to as the
``Commission'') as an establishment in the legislative branch.
SEC. 3. DUTIES.
The duties of the Commission shall be--
(1) to examine, analyze, and determine the facts and causes
relating to the collapse of the financial markets and financial
institutions that occurred during 2008;
(2) to collect and report on the evidence developed and
collected by all relevant agencies of the Federal Government
regarding the facts and circumstances surrounding the financial
failures;
(3) to make a full and complete accounting of the
circumstances surrounding the failures and the extent of
regulatory preparedness for an immediate response to the
failures; and
(4) to report to the President and the Congress on the
findings and conclusions pursuant to paragraphs (1) through (3)
and to recommendation for corrective measures that can be taken
to prevent such failures in the future.
SEC. 4. MEMBERSHIP.
(a) Members of the Commission.--The Commission shall consist of the
following members:
(1) 3 members who shall be appointed by the majority leader
of the Senate.
(2) 3 members who shall be appointed by the minority leader
of the Senate.
(3) 3 members who shall be appointed jointly by the Speaker
and majority leader of the House of Representatives.
(4) 3 members who shall be appointed by the minority leader
of the House of Representatives.
(b) Political Affiliation.--Not more than 5 members of the
Commission may be of the same political party.
(c) 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.
(d) Other Qualifications.--It is the sense of Congress that
individuals appointed to the Commission should be prominent United
States citizens who--
(1) have national recognition and significant depth of
experience in such professions as governmental service, law
enforcement, law, economics, banking, financial services,
public administration, commerce, and international banking; and
(2) should not have any conflict of interest in carrying
out the responsibilities of serving on the Commission.
(e) Deadline for Appointment.--All members of the Commission shall
be appointed within 30 days after the date of the enactment of this
Act.
(f) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable following
appointment of the members.
(g) Chairman.--The Chairman of the Commission shall be elected by
the members.
(h) 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. POWERS OF COMMISSION.
(a) In General.--
(1) 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--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, administer such oaths; and
(B) subject to paragraph (2)(A), 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.
(2) Subpoenas.--
(A) Issuance.--
(i) In general.--A subpoena may be issued
under this subsection only--
(I) by the agreement of the
chairman and the vice chairman; or
(II) by the affirmative vote of 6
members of the Commission.
(ii) Signature.--Subject to clause (i),
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.
(B) Enforcement.--
(i) In general.--In the case of contumacy
or failure to obey a subpoena issued under
subparagraph (A), the United States district
court for the judicial district in which the
subpoenaed person resides, is served, or may be
found, or where the subpoena is returnable, may
issue an order requiring such person to appear
at any designated place to testify or to
produce documentary or other evidence. Any
failure to obey the order of the court may be
punished by the court as a contempt of that
court.
(ii) Additional enforcement.--In the case
of any failure of any witness to comply with
any subpoena or to testify when summoned under
authority of this section, the Commission may,
by majority vote, certify a statement of fact
constituting such failure to the appropriate
United States attorney, who may bring the
matter before the grand jury for its action,
under the same statutory authority and
procedures as if the United States attorney had
received a certification under sections 102
through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Commission to discharge its duties under this Act.
(c) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of this Act. Each
department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Commission, upon request made by the chairman, the chairman of
any subcommittee created by a majority of the Commission, or
any member designated by a majority of the Commission.
(2) Receipt, handling, storage, and dissemination.--
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
(d) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support
services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
(a) Compensation.--Each member of the Commission may be compensated
at not to exceed the daily equivalent of the annual rate of basic pay
in effect for a position at level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the duties of the
Commission.
(b) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
SEC. 7. REPORT.
Not later than 18 months after the date of the enactment of this
Act, the Commission shall submit to the President and Congress a final
report setting forth the findings and conclusions of the Commission
pursuant to paragraphs (1) through (3) of section 3 and any
recommendations as have been agreed to by a majority of the members of
the Commission for corrective measures that can be taken to prevent the
failures referred to in such paragraphs in the future.
SEC. 8. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
Act, shall terminate 60 days after the date on which the final report
under section 7 is submitted.
(b) Activities Before Termination.--The Commission may use such 60-
day period for the purpose of concluding its activities, including
providing testimony to committees of the Congress concerning its
reports and disseminating the final report.
SEC. 9. FUNDING.
(a) Appropriation.--There is hereby appropriated out of any money
in the Treasury not otherwise appropriated $2,000,000 for purposes of
the carrying out the activities of the Commission under this Act.
(b) Authorization of Additional Funding.--There are authorized to
be appropriated such sums as may be necessary in addition to the
amounts made available under subsection (a) for carrying out the
activities of the Commission under this Act. | National Commission on Financial Collapse and Recovery Act of 2008 - Establishes in the legislative branch the National Commission on the Financial Collapse and Recovery of 2008 to study and report to the President and Congress on the facts, circumstances, and causes relating to the collapse of the financial markets and financial institutions that occurred during 2008, along with recommendations for corrective measures to prevent such failures in the future. | To establish a legislative commission to examine the causes of the financial crisis of 2008. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Distilled Spirits
Tax Payment Simplification Act of 1995''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
SEC. 2. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES.
(a) Section 5212 is amended to read as follows:
``SEC. 5212. TRANSFER OF DISTILLED SPIRITS BETWEEN BONDED PREMISES.
``Distilled spirits on which the internal revenue tax has not been
paid as authorized by law may, under such regulations as the Secretary
shall prescribe, be transferred in bond between bonded premises in any
approved container. For the purposes of this chapter, except in the
case of any transfer from a premise of a bonded dealer, the removal of
distilled spirits for transfer in bond between bonded premises shall
not be construed to be a withdrawal from bonded premises.''
(b) The first sentence of section 5232 is amended to read as
follows:
``Distilled spirits imported or brought into the United States,
under such regulations as the Secretary shall prescribe, may be
withdrawn from customs custody and transferred to the bonded premises
of a distilled spirits plant without payment of the internal revenue
tax imposed on such distilled spirits.''
SEC. 3. ESTABLISHMENT OF DISTILLED SPIRITS PLANT.
Section 5171 is amended by--
(1) striking from subsection (a) the phrase ``or
processor'' and inserting therein ``processor, or bonded
dealer;'' and
(2) deleting from subsection (b) the ``or both.'' and
inserting thereafter ``as a bonded dealer, or as any
combination thereof.''
SEC. 4. DISTILLED SPIRITS PLANTS.
Section 5178(a) is amended by adding the following new paragraph
after paragraph (4) to read as follows:
``(5) Bonded dealer operations.--Any person establishing a
distilled spirits plant to conduct operations as a bonded
dealer may, as described in the application for registration--
``(A) store distilled spirits in any approved
container on the bonded premises of such plant, and
``(B) under such regulations as the Secretary shall
prescribe, store taxpaid distilled spirits, beer and
wine and such other beverages and items (products) not
subject to tax or regulation under this title on such
bonded premises.''
SEC. 5. BONDED DEALERS.
(a) Section 5002(a) is amended by inserting after subsection
(a)(15) the following new paragraphs:
``(16) Bonded Dealer.--The term `bonded dealer' means any person
who has elected under section 5011 to be treated as a bonded dealer.
``(17) Control State Entity.--The term `control State entity' means
a State or a political subdivision of a State in which only the State
or a political subdivision thereof is allowed under applicable law to
perform distilled spirit operations, or any instrumentality of such a
State or political subdivision.''
(b) Subpart A of part I of subchapter A of chapter 51 (relating to
distilled spirits) is amended by adding at the end thereof the
following new section:
``SEC. 5011. ELECTION TO BE TREATED AS BONDED DEALER.
``(a) Election.--Any wholesale dealer, or any control State entity,
may elect, at such time and in such manner as the Secretary shall
prescribe, to be treated as a bonded dealer if such wholesale dealer or
entity sells bottled distilled spirits exclusively to a wholesale
dealer in liquor, to an independent retail dealer subject to the
limitation set forth in subsection (b), or to another bonded dealer.
``(b) Special Rules.--(1) Any person, other than a control State
entity, who is a bonded dealer shall not be considered as selling to an
independent retail dealer if the bonded dealer has a greater than 10
percent ownership interest in, or control of the retail dealer; the
retail dealer has a greater than 10 percent ownership interest in, or
control of the bonded dealer; or where any person has a greater than 10
percent ownership interest in, or control of both the bonded and retail
dealer. For purposes of this subparagraph, ownership interest, not
limited to stock ownership, shall be attributed to other persons in the
manner prescribed by section 318.
``(2) In the case of any control State entity, subsection (a) shall
be applied without regard to the word `independent'''.
``(c) Inventory Owned at Time of Election.--Any bottled distilled
spirits in the inventory of any person electing under section 5011 to
be treated as a bonded dealer shall, to the extent that the Federal
excise tax previously has been determined and paid at the time the
election becomes effective, not be subject to additional Federal excise
tax on such spirits as a result of the election being in effect.
``(d) Revocation of Election.--The election made under this section
may be revoked by the bonded dealer at any time, but once revoked shall
not be made again without the consent of the Secretary. When the
election is revoked, the bonded dealer shall immediately withdraw the
distilled spirits on determination of tax in accordance with a tax
payment procedure established by the Secretary.
``(e) Equitable Treatment of Bonded Dealers Using LIFO Inventory.--
The Secretary shall provide such rules as may be necessary to assure
that taxpayers using the last-in first-out method of inventory
valuation do not suffer a recapture of their LIFO reserve by reason of
making the election under section 5011 or by reason of operating a
bonded wine cellar as permitted by section 5351.
``(f) Approval of Application.--Any person submitting an
application under section 5171(c) and electing under this section to be
treated as a bonded dealer shall be entitled to approval of such
application to the same extent they would be entitled to approval of an
application for a basic permit under section 204(a)(2) of title 27 of
the United States Code (the Federal Alcohol Administration Act) and
shall be accorded notice and hearing as described in section 204(b) of
such title 27.''
(c) Conforming amendment.--The tables of sections of subpart A of
part I of subchapter A of chapter 51 and the table of contents of
subtitle E are amended by adding at the appropriate places:
``Sec. 5011. Election To Be Treated As
Bonded Dealer.''
SEC. 6. DETERMINATION OF TAX.
Section 5006 is amended by amending the first sentence of
subsection (a)(1) to read as follows: ``Except as otherwise provided in
this section, the tax on distilled spirits shall be determined when the
spirits are transferred from a distilled spirits plant to a bonded
dealer or are withdrawn from bond.''
SEC. 7. LOSS OR DESTRUCTION OF DISTILLED SPIRITS.
(a) Subsections (a)(1)(A) and (a)(2) of section 5008 are amended by
adding ``bonded dealer,'' immediately after ``distilled spirits
plant''.
(b) Subsection (c)(1) of section 5008 is amended by striking the
words ``of a distilled spirits plant''.
(c) Subsection (c)(2) of section 5008 is amended by striking the
words ``distilled spirits plant'' and inserting in lieu thereof the
words ``bonded premises''.
SEC. 8. TIME FOR COLLECTING TAX ON DISTILLED SPIRITS.
(a) In section 5061(d) redesignate paragraph (5) as paragraph (6)
and insert after paragraph (4) the following new paragraph:
``(5) Advanced payment of distilled spirits tax.--
Notwithstanding the preceding provisions of this subsection, in
the case of any tax imposed by section 5001 with respect to a
bonded dealer who has an election in effect on September 20 of
any year, any payment of which would, but for this paragraph,
be due in October or November of that year, shall be made on
such September 20. No penalty or interest shall be imposed for
the period from such September 20 until the due date determined
without regard to this paragraph to the extent that tax due
exceeds the tax which would have been due with respect to
distilled spirits in the preceding October and November had the
election under section 5011 been in effect.''
(b) Section 5061(e) is amended by inserting in paragraph (1) the
words ``or any bonded dealer,'' immediately after ``respectively,''.
SEC. 9. EXEMPTION FROM OCCUPATIONAL TAX NOT APPLICABLE.
Section 5113(a) is amended by adding immediately after the last
sentence the following new sentence to read as follows: ``This
exemption shall not apply to a proprietor of a distilled spirits plant
whose premises are used for operations of a bonded dealer.''
SEC. 10. TECHNICAL, CONFORMING AND CLERICAL AMENDMENTS.
(a) Technical and Conforming Amendments.--
(1) Section 5003(3) is amended to delete the term
``certain'' from the sentence.
(2) Section 5214 is amended by redesignating subsection (b)
as (c) and inserting a new subsection (b) to read as follows:
``(b) Exception.--Subsections (a) (1), (2), (3), (5), (10), (11),
and (12) of this section shall not apply to distilled spirits withdrawn
from premises used for operations as a bonded dealer.''
(3) Section 5215(a) is amended by inserting a period after
the word ``plant'' and striking the words ``but only for
destruction, denaturation, redistillation, reconditioning, or
rebottling:''.
(4) Section 5362(b)(5) is amended by adding the following
sentence to read as follows: ``This term will not apply to
premises used for operations as a bonded dealer.''.
(5) Section 5551(a) is amended by inserting after the term
``processor'' at each place it appears the phrase ``bonded
dealer,''.
(6) Section 5601(a) (2), (3), (4), (5), and (b) are amended
by inserting ``, bonded dealer'' immediately before the word
``processor'' at each place it appears.
(7) Section 5602 is amended by inserting ``, warehouseman,
processor, or bonded dealer'' immediately after the word
``distiller''.
(8) Section 5115, 5180, and 5681 are repealed.
(b) Clerical Amendments.--
(1) The table of sections for part II of subchapter A of
chapter 51 is amended by striking out the item relating to
section 5115.
(2) The table of sections for subchapter B of chapter 51 is
amended by striking out the item relating to section 5180.
(3) The table of sections for part IV of subchapter J of
chapter 51 is amended by striking out the item relating to
section 5681.
SEC. 11. EFFECTIVE DATE.
(a) Except as provided in subsection (b) the provisions of this Act
shall take effect one hundred and twenty days following enactment.
(b)(1) The amendments made by section 3 of this Act shall take
effect on the date of enactment of this Act, and
(2) Each wholesale dealer who is required to file an application
for registration under section 5171(c) whose operations are required to
be covered by a basic permit under the Federal Alcohol Administration
Act (27 U.S.C. 203 and 204) and who has received such basic permits as
an importer, wholesaler, or as both, and has obtained a bond required
under this subchapter before the close of the fourth month following
enactment of this Act, shall be qualified to operate bonded premises
until such time as the Secretary takes final action on the application.
Any control State entity that has obtained a bond required under this
subchapter shall be qualified to operate bonded premises until such
time as the Secretary takes final action on the application for
registration under section 5171(c). | Distilled Spirits Tax Payment Simplification Act of 1995 - Amends the Internal Revenue Code to modify or impose requirements regarding: (1) the transfer of distilled spirits between bonded premises and between importation and bonded premises; (2) operations as a bonded dealer conducted on the bonded premises of a distilled spirits plant; (3) establishment and operation of such a plant by a bonded dealer; (4) election to be treated as a bonded dealer; (5) the time at which the tax on distilled spirits is determined; (6) distilled spirits lost or destroyed in bond or returned to bonded premises; (7) the time for tax payment and payment by electronic transfer; and (8) application to a plant used by a bonded dealer of provisions relating to sales by proprietors of controlled premises. | Distilled Spirits Tax Payment Simplification Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weakfish Conservation Act of 1993''.
SEC. 2. IMPROVED COOPERATIVE FISHERY MANAGEMENT PROGRAM FOR WEAKFISH.
(a) Short Title.--Section 1 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended by inserting ``and
Weakfish'' after ``Bass''.
(b) Findings and Purposes.--Section 2 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended--
(1) by inserting ``and weakfish'' after ``bass'' each place
it appears;
(2) in paragraph (3)--
(A) by striking ``range of the Atlantic striped
bass,'' and inserting ``range of either Atlantic
striped bass or weakfish'', and
(B) by striking ``the species'' and inserting
``these species''; and
(3) in paragraph (4) by striking ``this species'' and
inserting ``these species''.
(c) Definitions.--Section 3 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended--
(1) in paragraph (4) by striking subparagraph (A) and
inserting the following:
``(A)(i) for purposes of section 4, Pennsylvania
and each State of the United States bordering on the
Atlantic Ocean north of the State of South Carolina; or
``(ii) for purposes of section 8, Pennsylvania and
each State bordering on the Atlantic Ocean.'';
(2) in paragraph (6) by inserting ``or weakfish'' after
``bass'' each place it appears;
(3) in paragraph (7) by inserting ``for Atlantic striped
bass'' after ``fishing''; and
(4) by adding at the end the following:
``(10) The term `weakfish' means members of a stock or
population of the species Cynoscion regalis, commonly referred
to as `seatrout'.
``(11) The term `Weakfish Plan' means the Interstate
Fisheries Management Plan for Weakfish, dated October 1985,
prepared by the Commission, and all amendments thereto related
to fishing for weakfish that are formally adopted as an
amendment to the Weakfish Plan of October 1985.''.
(d) Clarification of Existing Commission Functions.--Section 4 of
the Atlantic Striped Bass Conservation Act (16 U.S.C. 1851 note) is
amended--
(1) by striking the heading for the section and inserting
the following:
``SEC. 4. ATLANTIC STRIPED BASS CONSERVATION.'';
(2) in the heading for subsection (a) by inserting ``of
Striped Bass Plan'' after ``Enforcement''.
(e) Improved Cooperation Among Coastal States for the Management of
Weakfish.--Section 8 of the Atlantic Striped Bass Conservation Act (16
U.S.C. 1851 note) is amended to read as follows:
``SEC. 8. WEAKFISH CONSERVATION.
``(a) Monitoring of Implementation and Enforcement of Weakfish
Plan.--
``(1) Determination of implementation and enforcement.--By
January 1, 1994, and annually thereafter, and at any other time
that the Commission considers it necessary, the Commission
shall determine whether--
``(A) each coastal State has adopted all regulatory
measures necessary to fully implement the Weakfish Plan
in its coastal waters; and
``(B) the enforcement of the Weakfish Plan by each
such coastal State is satisfactory.
``(2) Consultation.--If a fishery management plan for
weakfish is in effect under title III of the Magnuson Act, the
Commission shall consult with the regional fishery management
councils which prepared such plan in making a determination
under paragraph (1)(A).
``(3) Satisfactory enforcement.--Enforcement by a coastal
State shall not be considered satisfactory by the Commission
for purposes of paragraph (1)(B) if the Commission determines
that the enforcement is being carried out in such a manner that
the implementation of the Weakfish Plan within the coastal
waters of that coastal State is being, or will likely be,
substantially or adversely affected.
``(4) Notification of secretary.--The Commission shall
immediately notify the Secretaries of each negative
determination made by it under paragraph (1).
``(b) Secretarial Action After Notification.--
``(1) In general.--Within 30 days after notification from
the Commission under subsection (a)(4) that a coastal State has
not taken the action described in paragraph (1) of that
subsection, the Secretaries--
``(A) shall determine jointly whether the coastal
State is in compliance with the Weakfish Plan; and
``(B) declare jointly a moratorium on fishing for
weakfish in the coastal waters of the coastal State, if
they determine that the State is not in compliance with
the Weakfish Plan.
``(2) Considerations.--In making determinations under
paragraph (1)(A) for a coastal State, the Secretaries shall
carefully consider and review the comments of--
``(A) the Commission;
``(B) the appropriate regional fishery management
councils under the Magnuson Act; and
``(C) the coastal State.''.
(f) Moratorium.--Section 5 of the Atlantic Striped Bass
Conservation Act (16 U.S.C. 1851 note) is amended--
(1) in subsection (a)(1) by inserting ``or section 8(b)''
after ``(4)(b)''; and
(2) in subsection (a)(2)--
(A) by inserting ``a'' before ``moratorium'' the
second place it appears; and
(B) by inserting ``or section 8(b)'' after
``4(b)'';
(3) in subsection (b)(1)--
(A) by inserting ``for the fishery resource that is
subject to the moratorium'' after ``fishing''; and
(B) by striking ``the'' and inserting ``(a)'';
(4) in subsection (b)(2) by inserting ``or weakfish'' after
``bass'';
(5) in subsection (b)(3)--
(A) by inserting ``or weakfish'' after ``bass'';
and
(B) by inserting ``or section 8(b), respectively,''
after ``4(b)'';
(6) in subsection (b)(4)--
(A) by inserting ``or Weakfish'' after ``bass''
each place it appears; and
(B) by striking ``the'' the second place it appears
and inserting ``(a)'';
(7) in subsection (d)(2) by inserting a close parenthesis
after ``1806(c)-(e)'';
(8) in subsection (e)(1)--
(A) by inserting after ``(1)'' the following: ``In
general.--'';
(B) by moving paragraph (1) down so as to begin on
the line below the heading for subsection (e);
(C) by moving paragraph (1) 2 ems to the right, so
that the left margin of the paragraph is aligned with
the left margins of paragraphs (2) and (3); and
(D) by inserting ``or section 8(b)'' after
``4(b)''; and
(9) in subsection (e)(2) by inserting ``or section 8(b)''
after ``4(b)''.
(g) Conforming Amendments.--The Atlantic Striped Bass Conservation
Act (16 U.S.C. 1851 note) is amended by striking ``Plan'' each place it
appears and inserting ``Striped Bass Plan''.
(h) Effective Date.--Notwithstanding section 9 of the Atlantic
Striped Bass Conservation Act, section 8 of such Act, as amended by
this Act, shall take effect on the date of the enactment of this Act. | Weakfish Conservation Act of 1993 - Amends the Atlantic Striped Bass Conservation Act to apply such Act, including prohibitions on fishing during a moratorium period, to weakfish.
Directs the Atlantic States Marine Fisheries Commission to determine whether: (1) each coastal State has adopted measures necessary to implement the Interstate Fisheries Management Plan for Weakfish (dated 1985) in its coastal waters; and (2) the enforcement by the Plan by each State is satisfactory.
Requires the Secretaries of Commerce and the Interior to declare a moratorium on fishing for weakfish in States that are not in compliance with the Plan. | Weakfish Conservation Act of 1993 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix Gun Checks Act
of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
Sec. 101. Penalties for States that do not make data electronically
available to the National Instant Criminal
Background Check System.
Sec. 102. Requirement that Federal agencies certify that they have
submitted to the National Instant Criminal
Background Check System all records
identifying persons prohibited from
purchasing firearms under Federal law.
Sec. 103. Adjudicated as a mental defective.
Sec. 104. Clarification that Federal court information is to be made
available to the National Instant Criminal
Background Check System.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Lost and stolen reporting.
TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 102(b) of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Within 1 year after the date of the
enactment of this subsection, the Attorney General, in
coordination with the States, shall establish, for each State
or Indian tribal government, a plan to ensure maximum
coordination and automation of the reporting of records or
making of records available to the National Instant Criminal
Background Check System established under section 103 of the
Brady Handgun Violence Prevention Act, during a 4-year period
specified in the plan.
``(2) Benchmark requirements.--Each such plan shall include
annual benchmarks, including qualitative goals and quantitative
measures, to enable the Attorney General to assess
implementation of the plan.
``(3) Penalties for noncompliance.--
``(A) In general.--During the 4-year period covered
by such a plan, the Attorney General shall withhold the
following percentage of the amount that would otherwise
be allocated to a State under section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State does not meet the benchmark
established under paragraph (2) for the following year
in the period:
``(i) 10 percent, in the case of the 1st
year in the period.
``(ii) 11 percent, in the case of the 2nd
year in the period.
``(iii) 13 percent, in the case of the 3rd
year in the period.
``(iv) 15 percent, in the case of the 4th
year in the period.
``(B) Failure to establish a plan.--A State with
respect to which a plan is not established under
paragraph (1) shall be treated as having not met any
benchmark established under paragraph (2).''.
SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE
SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED
FROM PURCHASING FIREARMS UNDER FEDERAL LAW.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) is amended by adding at the end the following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit to the
Attorney General a written certification
indicating whether the department or agency has
provided to the Attorney General the pertinent
information contained in any record of any
person that the department or agency was in
possession of during the time period addressed
by the report demonstrating that the person
falls within a category described in subsection
(g) or (n) of section 922 of title 18, United
States Code.
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification under clause (i)--
``(I) not later than July 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on July 1 of the previous
year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(I) the number of records of the
Federal department or agency
demonstrating that a person fell within
each of the categories described in
section 922(g) of title 18, United
States Code;
``(II) the number of records of the
Federal department or agency
demonstrating that a person fell within
the category described in section
922(n) of title 18, United States Code;
and
``(III) for each category of
records described in subclauses (I) and
(II), the total number of records of
the Federal department or agency that
have been provided to the Attorney
General.''.
SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
``(36) The term `adjudicated as a mental defective' shall--
``(A) have the meaning given the term in section 478.11 of
title 27, Code of Federal Regulations, or any successor
thereto; and
``(B) include an order by a court, board, commission, or
other lawful authority that a person, in response to mental
illness, incompetency, or marked subnormal intelligence, be
compelled to receive services--
``(i) including counseling, medication, or testing
to determine compliance with prescribed medications;
and
``(ii) not including testing for use of alcohol or
for abuse of any controlled substance or other drug.
``(37) The term `committed to a mental institution' shall have the
meaning given the term in section 478.11 of title 27, Code of Federal
Regulations, or any successor thereto.''.
(b) Limitation.--An individual who has been adjudicated as a mental
defective before the effective date described in section 203 may not
apply for relief from disability under section 101(c)(2) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis
that the individual does not meet the requirements in section
921(a)(36) of title 18, United States Code, as added by subsection (a).
(c) NICS Improvement Amendments Act of 2007.--Section 3 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Mental health terms.--
``(A) In general.--Except as provided in
subparagraph (B), the terms `adjudicated as a mental
defective' and `committed to a mental institution'
shall have the meaning given the terms in section
921(a) of title 18, United States Code.
``(B) Exception.--For purposes of sections 102 and
103, the terms `adjudicated as a mental defective' and
`committed to a mental institution' shall have the same
meanings as on the day before the date of enactment of
the Fix Gun Checks Act of 2015 until the end of the 2-
year period beginning on such date of enactment.''.
SEC. 104. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Protection Act (18
U.S.C. 922 note), as amended by section 102 of this Act, is amended by
adding at the end the following:
``(G) Application to federal courts.--In this
paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) for purposes of any request,
submission, or notification, the Director of
the Administrative Office of the United States
Courts shall perform the functions of the head
of the department or agency.''.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
SEC. 201. PURPOSE.
The purpose of this title is to extend the Brady Law background
check procedures to all sales and transfers of firearms.
SEC. 202. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
(2) in subsection (s), as so redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement
officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'';
and
(3) by inserting after subsection (s), as so redesignated,
the following:
``(t)(1) It shall be unlawful for any person who is not a licensed
importer, licensed manufacturer, or licensed dealer to transfer a
firearm to any other person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with subsection
(s). Upon taking possession of the firearm, the licensee shall comply
with all requirements of this chapter as if the licensee were
transferring the firearm from the inventory of the licensee to the
unlicensed transferee.
``(2) Paragraph (1) shall not apply to--
``(A) a transfer of a firearm by or to any law enforcement
agency or any law enforcement officer, armed private security
professional, or member of the armed forces, to the extent the
officer, professional, or member is acting within the course
and scope of employment and official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, between siblings, or between grandparents and their
grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986;
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated and built for the purpose of
target shooting;
``(ii) while hunting, trapping, or fishing, if the
hunting, trapping, or fishing is legal in all places
where the transferee possesses the firearm and the
transferee holds all licenses or permits required for
such hunting, trapping, or fishing; or
``(iii) while in the presence of the transferor.''.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of such title is
amended in the matter preceding subparagraph (A), by striking
``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and
(g)(5)(B)''.
(2) Section 925A.--Section 925A of such title is amended in
the matter preceding paragraph (1), by striking ``subsection
(s) or (t) of section 922'' and inserting ``section 922(s)''.
(c) Effective Date.--The amendment made by subsection (a)(4) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 203. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) It shall be unlawful for any person who lawfully possesses
or owns a firearm that has been shipped or transported in, or has been
possessed in or affecting, interstate or foreign commerce, to fail to
report the theft or loss of the firearm, within 48 hours after the
person discovers the theft or loss, to the Attorney General and to the
appropriate local authorities.''.
(b) Penalty.--Section 924(a)(1)(B) of such title is amended to read
as follows:
``(B) knowingly violates subsection (a)(4), (f),
(k), (q), or (aa) of section 922;''. | Fix Gun Checks Act of 2015 This bill amends the NICS Improvement Amendments Act of 2007 to revise an eligibility condition for a state to receive a grant under the NICS Act Record Improvement Program and a waiver of the grant match requirement under the National Criminal History Improvement Program. Specifically, it directs the Department of Justice (DOJ) to establish a four-year state implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the National Instant Criminal Back Check System (NICS). DOJ must reduce the Edward Byrne Memorial Justice Assistance (JAG) Program funding for a state that fails to comply with benchmarks. The bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to certify whether it has provided to the Federal Bureau of Investigation disqualifying records of persons prohibited from receiving or possessing a firearm. It amends the federal criminal code and the NICS Improvement Amendments Act of 2007 to define the terms "adjudicated as a mental defective" and "committed to a mental institution." The bill extends the Brady Handgun Violence Prevention Act background check requirements to a transfer of a firearm between private parties by prohibiting such a transfer unless a licensed importer, manufacturer, or dealer has first taken possession of the firearm for the purpose of submitting a background check. A gun owner must report a lost or stolen firearm to DOJ and local law enforcement authorities within 48 hours of discovery. | Fix Gun Checks Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access for Afghan Women Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite the removal of the Taliban from power, women in
Afghanistan continue to experience brutal violation of their
human rights, generally outside of Kabul where warlords are
reexerting control.
(2) Strong and continued United States support can ensure
that the advances made by Afghan women since the fall of the
Taliban will continue and grow, rather than recede.
(3) The United States has made a substantial contribution
to the emergency relief and humanitarian efforts for
Afghanistan. Completing the United States mission in
Afghanistan will also require significant and long-term
investments in development and reconstruction assistance.
(4) The maternal mortality rate in Afghanistan is the
second highest in the world, with recent reports estimating
that every 30 minutes an Afghan woman dies of pregnancy related
causes, or approximately 15,000 women every year. The estimated
maternal mortality rate of 1,600 deaths per 100,000 live births
can be significantly reduced through access to primary health
care services, including safe birthing supplies, emergency
obstetric care, prenatal and postnatal care, contraception, and
prevention and treatment for the effects of sexual coercion and
rape.
(5) Women comprise 75 percent or more of the refugees and
internally displaced in camps, urban areas, and villages in
Afghanistan.
(6) 85 percent of Afghanistan's population lives in rural
areas. The women in rural areas perform vital roles in food
production, processing, and preparation. Successful
reconstruction and development assistance must target rural
women as part of any agricultural interventions.
(7) Within Afghanistan and outside of Afghanistan, local
women's organizations are delivering critical services and have
the knowledge and experience to assist the United States in
delivering effective relief aid.
(8) The Afghan Ministry for Women's Affairs is an important
ministry that is essential for re-establishing women's human
rights, ensuring that women are included in all development
efforts, and delivering critical legal, health, education, and
economic services to women throughout Afghanistan's 30
provinces.
(9) Afghan women are taking the initiative to reach across
the conflict divide and foster peace. Women's perspectives and
experiences in seeking solutions to conflicts are necessary to
ensure lasting peace.
(10) Adequate security in both urban and rural areas is
essential if women and girls are to exercise their human
rights, work, attend school, and otherwise participate in and
benefit from humanitarian and development programs sponsored by
the United States.
SEC. 3. ESTABLISHMENT OF AFGHAN WOMEN'S FUND.
(a) Establishment.--The Administrator of the United States Agency
for International Development shall establish a fund for the purpose of
assisting women and girls in Afghanistan in the areas of political and
human rights, health care, education, training, security, and shelter.
(b) Activities Supported.--The fund established under subsection
(a) shall support the following activities:
(1) Direct financial and programmatic assistance to the
Ministry of Women's Affairs in Afghanistan (hereafter in this
section referred to as the ``Ministry'') to promote the
strengthening of the Ministry as the Government of Afghanistan
continues its transition to a long-term government structure
and to enable the Ministry to fulfill its mandate. The Ministry
may use such assistance to support activities such as the
following:
(A) Multiyear women-centered economic development
programs, including programs to assist widows, female
heads of household, women in rural areas, and disabled
women.
(B) Collaboration with the Ministry of Health to
construct culturally appropriate health infrastructure
and delivery of high-quality comprehensive health care
programs, including primary, maternal, child,
reproductive, and mental health care.
(C) Programs to prevent trafficking in persons,
assist victims, and apprehend and prosecute traffickers
in persons.
(2) Direct financial assistance to the National Human
Rights Commission of Afghanistan.
(3) Construction of women's educational facilities in
Afghanistan.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $22,500,000 for each of the
fiscal years 2003, 2004, and 2005 and such sums as are necessary for
each subsequent fiscal year.
SEC. 4. ASSISTANCE TO AFGHANISTAN.
Notwithstanding any other provision of law, not less than 15
percent of the aggregate amount of economic and humanitarian assistance
authorized to be made available to Afghanistan for each of the fiscal
years 2003, 2004, and 2005 shall be made available for assistance
directly to Afghan-led local nongovernmental organizations, including
Afghan women-led organizations, with demonstrated experience in
delivering services to Afghan women and children to support their
programmatic activities and organizational development. In recognition
of the appreciating capacity of Afghan-led local nongovernmental
organizations, including Afghan women-led organizations, an appropriate
percentage of the aggregate amount of economic and humanitarian
assistance authorized to be made available to Afghanistan for fiscal
year 2006 and each subsequent fiscal year shall be made available for
assistance directly to Afghan-led local nongovernmental organizations,
including Afghan women-led organizations.
SEC. 5. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN
AFGHANISTAN.
(a) In General.--Activities described in subsections (b) through
(e) that are carried out by the United States in Afghanistan shall
comply with the applicable requirements contained in such subsections.
(b) Governance of Afghanistan.--With respect to the governance of
Afghanistan, the applicable requirements are the following:
(1) Include the perspectives and advice of Afghan women's
organizations, networks, and leaders in United States
policymaking related to the governance of Afghanistan.
(2) Promote the inclusion of a significant number of women
in future legislative bodies to ensure that women's full range
of human rights are included and upheld in any constitution or
legal structures of Afghanistan.
(3) Encourage the appointment of women to high level
positions within Afghan Ministries.
(c) Post-Conflict Reconstruction and Development.--With respect to
activities relating to post-conflict stability in Afghanistan, the
applicable requirements are the following:
(1) Encourage United States organizations that receive
funds authorized by this Act to partner with or create Afghan-
led counterpart organizations and provide these organizations
with significant financial resources, technical assistance, and
capacity building.
(2) Increase women's access to or ownership of productive
assets such as land, water, agricultural inputs, credit, and
property.
(3) Provide long-term financial assistance for primary,
secondary, higher, nontraditional, and vocational education for
Afghan girls, women, boys, and men.
(4) Integrate education and training programs for former
combatants with economic development programs to encourage
their reintegration into society and to promote post-conflict
stability.
(5) Provide assistance to rehabilitate children affected by
the conflict, particularly child soldiers.
(6) Support educational efforts to increase awareness with
respect to landmines, facilitate the removal of landmines, and
provide services to individuals with disabilities caused by
landmines.
(d) Afghan Military and Police.--With respect to training for
military and police forces in Afghanistan, the applicable requirements
are the following:
(1) Include training on the protection, rights, and the
particular needs of women and emphasize that violations of
women's rights are intolerable and should be prosecuted.
(2) Encourage such trainers who will carry out the
activities in paragraph (1) to consult with women's
organizations in Afghanistan to ensure that training content
and materials are adequate, appropriate, and comprehensive.
(e) Relief, Resettlement, and Repatriation of Refugees and
Internally Displaced Persons.--With respect to the relief,
resettlement, and repatriation of refugees and internally displaced
persons in Afghanistan, the applicable requirements are the following:
(1) Take all necessary steps to ensure that women refugees
and internally displaced persons in camps, urban areas, and
villages are directly receiving food aid, shelter, relief
supplies, and other services from United States-sponsored
programs.
(2) Take all necessary steps to ensure that women refugees
in camps, urban areas, and villages are accessing high-quality
health and medical services, including primary, maternal,
child, and mental health services.
(3) Take all necessary steps to ensure that women and
children in refugee camps are protected from sexual
exploitation.
(4) Take all necessary steps to ensure refugees and
internally displaced persons that seek to return to their place
of origin can do so voluntarily, safely, and with the full
protection of their rights. United States-sponsored efforts
shall not coerce refugees or internally displaced persons to
return to their places of origin.
SEC. 6. REPORTING REQUIREMENTS.
Not later than 60 days after the date of the enactment of this Act,
and annually thereafter, the President shall prepare and transmit to
Congress a report that contains documentation of the progress in
implementing the requirements of section 5. All data in the report
shall be disaggregated by gender. | Access for Afghan Women Act of 2003 - Directs the Administrator of the U.S. Agency for International Development (USAID) to establish a fund to assist women and girls in Afghanistan in the areas of political and human rights, health care, education, training, security, and shelter.
Requires the funds to support specified activities, including: (1) direct financial and programmatic assistance to the Ministry of Women's Affairs in Afghanistan to promote its strengthening and enable it to fulfill its mandate; (2) direct financial assistance to the National Human Rights Commission of Afghanistan; and (3) construction of women's educational facilities in Afghanistan.
Earmarks a minimum percentage of the economic and humanitarian assistance authorized for Afghanistan for each of FY 2003 though 2005 to be made available for assistance directly to Afghan-led local nongovernmental organizations, including Afghan women-led organizations, with demonstrated experience in delivering services to Afghan women and children to support their programmatic activities and organizational development. Requires an appropriate percentage of such assistance for FY 2006 and each subsequent fiscal year to be made available to such organizations.
Prescribes general requirements with respect to Afghanistan for: (1) its governance; (2) post-conflict stability; (3) training for military and police forces; and (4) relief, resettlement, and repatriation of refugees and internally displaced persons. | To authorize assistance for women and girls in Afghanistan, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau Advisory Opinion Act of
2016''.
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 and, as necessary,
promulgate rules to provide written opinions in
response to inquiries concerning the
conformance of specific conduct with Federal
consumer financial law. In establishing the
procedure 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) Scope of request.--A request for an
opinion under this paragraph must relate to
specific proposed or prospective conduct by a
covered person contemplating the proposed or
prospective conduct.
``(iii) Submission.--A request for an
opinion under this paragraph may be submitted
to the Director either by or on behalf of a
covered person.
``(iv) Right to withdraw inquiry.--Any
inquiry under this paragraph may be withdrawn
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 of receiving the request for an
opinion under this paragraph, either--
``(I) issue an opinion stating
whether the described conduct would
violate Federal consumer financial law;
``(II) if permissible under clause
(iii), deny the request; or
``(III) explain why it is not
feasible to issue an opinion.
``(ii) Extension.--Notwithstanding clause
(i), if the Director determines that the Bureau
requires additional time to issue an opinion,
the Director may make a single extension of the
deadline of 90 days or less.
``(iii) Denial of requests.--The Director
shall not issue an opinion, and shall so inform
the requestor, if the request for an opinion--
``(I) asks a general question of
interpretation;
``(II) asks about a hypothetical
situation;
``(III) asks about the conduct of
someone other than the covered person
on whose behalf the request is made;
``(IV) asks about past conduct that
the covered person on whose behalf the
request is made does not plan to
continue in the future; or
``(V) fails to provide necessary
supporting information requested by the
Bureau within a reasonable time
established by the Bureau.
``(iv) Amendment and revocation.--An
advisory opinion issued under this paragraph
may be amended or revoked at any time.
``(v) Public disclosure.--An opinion
rendered pursuant to this paragraph shall be
placed in the Bureau's public record 90 days
after the requesting party has received the
advice, subject to any limitations on public
disclosure arising from statutory restrictions,
Bureau regulations, or the public interest. The
Bureau shall redact any personal, confidential,
or identifying information about the covered
person or any other persons mentioned in the
advisory opinion, unless the covered person
consents to such disclosure.
``(vi) Report to congress.--The Bureau
shall, concurrent with the semi-annual report
required under section 1016(b), submit
information regarding the number of requests
for an advisory opinion received, the subject
of each request, the number of requests denied
pursuant to clause (iii), and the time needed
to respond to each request.
``(C) Reliance on opinion.--Any person may rely on
an opinion issued by the Director pursuant to this
paragraph that has not been amended or withdrawn. No
liability under Federal consumer financial law shall
attach to conduct consistent with an advisory opinion
that had not been amended or withdrawn at the time the
conduct was undertaken.
``(D) Confidentiality.--Any document or other
material that is received by the Bureau or any other
Federal department or agency in connection with an
inquiry 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 subparagraph, 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).
``(F) Inquiry fee.--
``(i) In general.--The Director shall
develop a system to charge a fee for each
inquiry made under this paragraph in an amount
sufficient, in the aggregate, to pay for the
cost of carrying out this paragraph.
``(ii) Notice and comment.--Not later than
45 days after the date of the enactment of this
paragraph, the Director shall publish a
description of the fee system described in
clause (i) in the Federal Register and shall
solicit comments from the public for a period
of 60 days after publication.
``(iii) Finalization.--The Director shall
publish a final description of the fee system
and implement such fee system not later than 30
days after the end of the public comment period
described in clause (ii).''. | Bureau Advisory Opinion Act of 2016 This bill amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to establish a procedure and promulgate rules to provide written opinions in response to inquiries concerning conformance of specific proposed or prospective conduct by a covered person with federal consumer financial law. 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. The CFPB, within 90 days of receiving such a request for an opinion, shall: issue an opinion stating whether the described conduct would violate federal consumer financial law, deny the request, or explain why it is not feasible to issue an opinion. The CFPB shall not issue an opinion on a general question of interpretation, a hypothetical situation, conduct of someone other than the requester, or past conduct the covered person doesn't plan to continue. A request may be withdrawn at any time prior to the CFPB issuing a response. An issued advisory opinion may be amended or revoked at any time. An opinion rendered pursuant to this bill shall be placed in the CFPB's public record 90 days after the requesting party has received the advice, subject to specified limitations on public disclosure. Any person may rely on an opinion issued by the CFPB that has not been amended or withdrawn and liability shall not attach to conduct consistent with such opinion. The CFPB shall implement a system to charge a fee for such inquiries sufficient to pay the costs of carrying out this bill. | Bureau Advisory Opinion Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dignity for Military Funerals Act of
2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) article I, section 8, of the Constitution of the United
States grants Congress the power to ``provide for the common
Defence'', ``To raise and support Armies'', and ``To provide
and maintain a Navy'';
(2) the Supreme Court of the United States has held that
``The constitutional power of Congress to raise and support
armies and to make all laws necessary and proper to that end is
broad and sweeping.'', United States v. O'Brien, 391 U.S. 367,
377 (1968) (citations omitted);
(3) supporting our armies and maintaining a Navy includes
supporting soldiers, sailors, and marines, and their families,
after they are deceased;
(4) our brave military men and women put themselves at
great risk to protect the freedom of every American and our
Nation as a whole;
(5) every death of a member of the armed forces is a tragic
loss to our Nation;
(6) all Americans have tremendous gratitude for the courage
and selflessness of the members of the armed forces;
(7) when a member of the armed forces dies in the line of
duty, the thoughts and prayers of the entire Nation are with
the family of the deceased at such an extraordinarily difficult
time;
(8) it is generally recognized that families have a
substantial interest in organizing and attending funerals for
deceased relatives;
(9) the interests of families in privately and peacefully
mourning the loss of deceased relatives are violated when
funerals are targeted for picketing and other public
demonstrations;
(10) picketing of funerals causes emotional disturbance and
distress to grieving families who participate in funerals; and
(11) full opportunity exists under this Act and the
amendments made by this Act for the exercise of freedom of
speech and other constitutional rights at times other than
within 1 hour prior to or during the funeral of a member of the
armed forces and 1 hour following the conclusion of such a
funeral.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``armed forces'' has the meaning given the
term in section 101 of title 10, United States Code;
(2) the term ``funeral of a member or former member of the
armed forces'' means any ceremony, procession, or memorial
service held in connection with the burial or cremation of a
member or former member of the armed forces;
(3) the term ``picketing'' means protest activities engaged
in by any person within 300 feet of a cemetery, mortuary, or
church during the period beginning 1 hour prior to the funeral
of a member of the armed forces and ending 1 hour after the
conclusion of such a funeral; and
(4) the term ``protest activities'' includes, with respect
to any funeral--
(A) oration, speech, or similar conduct before an
assembled group of people that is not part of the
funeral or ceremony,
(B) the display of placards, banners, posters,
flags, or similar devices that are not part of the
funeral or ceremony, and
(C) the distribution of any handbill, pamphlet,
leaflet, or other written material that is not part of
the funeral or ceremony.
SEC. 4. PROHIBITION ON PICKETING AT FUNERALS OF MILITARY PERSONNEL.
(a) In General.--No State or unit of local government shall issue a
permit allowing, or otherwise authorize, picketing during the funeral
of a member or former member of the armed forces.
(b) Criminal Prohibition.--
(1) In general.--Chapter 67 of title 18, United States
Code, is amended by adding after section 1386 the following:
``Sec. 1387. Prohibition on picketing at funerals of military personnel
``(a) In General.--It shall be unlawful for any person to engage in
picketing at the funeral of a member or former member of the armed
forces .
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 5 years, or both.
``(c) Definitions.--In this section--
``(1) the term `armed forces' has the meaning given the
term in section 101 of title 10;
``(2) the term `funeral of a member or former member of the
armed forces' means any ceremony, procession, or memorial
service held in connection with the burial or cremation of a
member or former member of the armed forces;
``(3) the term `picketing' means protest activities engaged
in by any person within 300 feet of a cemetery, mortuary, or
church during the period beginning 1 hour prior to the funeral
of a member of the armed forces and ending 1 hour after the
conclusion of such a funeral; and
``(4) the term `protest activities' includes, with respect
to any funeral--
``(A) oration, speech, or similar conduct before an
assembled group of people that is not part of the
funeral or ceremony,
``(B) the display of placards, banners, posters,
flags, or similar devices that are not part of the
funeral or ceremony, and
``(C) the distribution of any handbill, pamphlet,
leaflet, or other written material that is not part of
the funeral or ceremony.''.
(2) Conforming amendment.--The table of sections for
chapter 67 of title 18, United States Code, is amended by
adding after the item related to section 1386 the following:
``1387. Prohibition on picketing at funerals of military personnel.''.
SEC. 5. NONPREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any State or local law that affords greater
protection to individuals attending the funeral of a member or former
member of the armed forces.
SEC. 6. SEVERABILITY.
If any provision of this Act, the amendments made by this Act, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Dignity for Military Funerals Act of 2006 - Prohibits states or local governments from issuing permits for picketing during the funeral of a member or former member of the Armed Forces.
Amends the federal criminal code to prohibit persons from picketing at the funeral of a member or former member of the Armed Forces. Imposes a fine and/or imprisonment of up to five years.
Defines "picketing" as protest activities within 300 feet of a cemetery, mortuary, or church from one hour before to one hour after a funeral of a member of the Armed Forces. | A bill to prohibit picketing at the funerals of members and former members of the armed forces. |