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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jena Band of Choctaw Indians of
Louisiana Confirmation Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) In 1903 and 1904, after presenting testimony before the
Dawes Commission, ancestors of the Jena Band of Choctaw were
identified as ``Fullblood Mississippi Choctaw Indians''.
(2) More than 60 percent of the membership on the Jena Band
of Choctaw roll dated December 1, 1984, and later submitted to
the Assistant Secretary, Indian Affairs, on May 2, 1985, can
document possessing one-half or more Choctaw Indian blood
quantum based on descent from individuals listed as
``Mississippi Choctaw'' by the Dawes Commission or as
``Choctaw'' on the Indian Schedules of the 1900 Federal
Population Census.
(3) High blood degree such as that demonstrated and
documented by the Jena Band of Choctaw, although not a
requirement for maintaining a Federal tribal relationship
provides exceptional evidence which supports confirmation of
that relationship outside the normal administrative process,
because a group cannot maintain a high blood degree without a
continuity of close and significant social relationships which
in themselves demonstrate distinct social community.
(4) The Jena Band of Choctaw has retained a distinct
dialect of the Choctaw language on a continuous basis since
historic times, thus, providing supporting evidence that the
Jena Band has maintained itself as a separate and distinct
historic band of Choctaw.
(5) The Jena Band's Choctaw ancestors resided in close
proximity in historic Catahoula Parish, the predecessor to
modern Catahoula and La Salle Parishes, according to the 1880,
1900 and 1910 Federal population censuses; Federal documents
place the members of the Tribe in this same area in the 1930's
and 1950's; 72 percent of the Tribe's current membership still
resides in La Salle, and neighboring Grant and Rapides
Parishes, thus providing supporting evidence for continuity of
membership and location.
(6) The Jena Band of Choctaw can document and identify
traditional leaders by name from 1850 to 1968 and elected
leaders from 1974 to the present, which in the historical
context of their community provides supporting evidence for
continuity of political influence.
(7) Confirmation of the Federal relationship with the Tribe
is supported by all the federally recognized tribes in
Louisiana and by the Mississippi Band of Choctaw Indians.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) The term ``Tribe'' means the Jena Band of Choctaw
Indians of Louisiana.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Interim Council'' means the Board of
Directors of the Jena Band of Choctaw Indians of Louisiana.
(4) The term ``member'' means an individual who is enrolled
on the membership roll of the Tribe.
(5) The term ``State'' means the State of Louisiana.
SEC. 4. CONFIRMATION OF FEDERAL RELATIONSHIP.
Federal Recognition as a Tribe is hereby confirmed with regard to
the Jena Band of Choctaw Indians of Louisiana. All Federal laws of
general application to Indians and Indian tribes, including the Act of
June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et seq.), popularly known as
the ``Indian Reorganization Act'', shall apply with respect to the
Tribe and to the members.
SEC. 5. RECOGNITION OF RIGHTS.
(a) Existing Rights of Tribe.--Nothing in this Act may be construed
to diminish any rights or privileges of the Tribe, or of its members,
that existed prior to the date of the enactment of this Act.
(b) Existing Rights and Obligations.--Except as otherwise
specifically provided in this Act, nothing in this Act may be construed
as altering or affecting--
(1) any rights or obligations with respect to property,
(2) any rights or obligations under any contract,
(3) any hunting, fishing, trapping, gathering, or water
rights of the Tribe or its members, or
(4) any obligation to pay a tax levied before the date of
enactment of this Act.
SEC. 6. FEDERAL SERVICES AND BENEFITS.
Notwithstanding any other provision of law, and without regard to
the existence of a reservation, the Tribe and its members shall be
eligible, on and after the date of enactment of this Act, for all
Federal services and benefits furnished to federally recognized Indian
tribes or their members. In the case of Federal services available to
members of federally recognized tribes residing on a reservation,
members of the Jena Band of Choctaw Indians of Louisiana residing in La
Salle, Rapides, and Grant Parishes, Louisiana, shall be deemed to be
residing on a reservation. Notwithstanding any other provision of law,
the Tribe shall be considered an Indian tribe for the purpose of the
Indian Tribal Government Tax Status Act (26 U.S.C. 7871).
SEC. 7. ECONOMIC DEVELOPMENT.
(a) Plan for Economic Development.--The Secretary shall--
(1) enter into negotiations with the governing body of the
Tribe with respect to establishing a plan for economic
development for this Tribe;
(2) in accordance with this section and not later than 2
years after the adoption of a tribal constitution as provided
in section 10, develop such a plan; and
(3) upon the approval of such plan by the governing body of
the Tribe, submit such plan to the Congress.
(b) Restrictions To Be Contained in Plan.--Any proposed transfer of
real property contained in the plan developed by the Secretary under
subsection (a) shall be consistent with the requirements of section 11
of this Act.
SEC. 8. INTERIM GOVERNMENT.
Until such time as a constitution for the Tribe is adopted in
accordance with section 10(a), the Tribe shall be governed by the
Interim Council.
SEC. 9. MEMBERSHIP.
(a) Base Roll.--The Jena Band of Choctaw membership list dated
December 1, 1984, and submitted to the Assistant Secretary, Indian
Affairs, on May 2, 1985, shall constitute the base roll of the Tribe
subject to the review and approval of the Secretary.
(b) Eligibility.--(1) Until a tribal constitution is adopted, a
person shall be placed on the Jena membership roll, if the individual
is living, possesses at least one-fourth or more Choctaw Indian blood
quantum derived directly from those Choctaw who lived in the historic
Catahoula Parish, and is not an enrolled member of another federally
recognized tribe, and if--
(A) that individual's name is listed on the Jena Band of
Choctaw membership list dated December 1, 1984, submitted to
the Assistant Secretary, Indian Affairs, on May 2, 1985;
(B) that individual is not listed on but meets the
requirements established by the Jena Band of Choctaw Indians of
Louisiana in its Articles of Incorporation, filed and recorded
in the State of Louisiana on May 22, 1974, which had to be met
to be included on the Jena Band's list dated December 1, 1984;
or
(C) that individual is a lineal descendant of an
individual, living or dead, identified by subparagraph (A) or
(B).
(2) After adoption of a tribal constitution, such constitution
shall govern membership in the Tribe. In addition to meeting any other
criteria imposed in such tribal constitution, any person added to the
roll must be of Choctaw ancestry derived directly from those Choctaw
who lived in the historic Catahoula Parish and cannot be a member of
another federally recognized Indian tribe.
SEC. 10. TRIBE CONSTITUTION.
(a) In General.--Upon the written request of the Interim Council,
the Secretary shall conduct, by secret ballot, an election to adopt a
constitution for the Tribe which is consistent with this Act. Such
constitution shall be submitted by the Interim Council to the Secretary
no later than 1 year following the date of enactment of this Act.
Absentee balloting shall be permitted regardless of voter residence.
The election shall be conducted in accordance with section 16 of the
Act of June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), as amended.
(b) Election of Tribal Officials.--Not later than 120 days after
the Tribe adopts a tribal constitution, the Secretary shall conduct an
election by secret ballot for the purpose of electing tribal officials
as provided in the constitution. Such election shall be conducted
according to the procedures stated in subsection (a) except to the
extent that such procedures conflict with the tribal constitution.
(c) Tribal Government.--Notwithstanding any other provision of law,
the governing body of the Tribe established under the constitution
adopted under subsection (a), shall be treated as an Indian tribal
government for purposes of the Internal Revenue Code of 1986, and all
other Federal laws of general application to Indians and Indian tribes,
including the Act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461 et
seq.), as amended.
SEC. 11. REAL PROPERTY.
(a) Subject to Existing Rights and Obligations.--Any real property
taken in trust by the Secretary shall be subject to--
(1) all legal rights and interests in such lands existing
at the time of acquisition of such land by the Secretary,
including any lien, mortgage, or previously levied and
outstanding State or local tax;
(2) foreclosure or sale in accordance with the laws of the
State of Louisiana pursuant to the terms of any valid
obligation in existence at the time of the acquisition of such
land by the Secretary; and
(3) the provisions of the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).
(b) Tax Exemption.--Any real property held in trust by the
Secretary pursuant to this Act shall be exempt from Federal, State, and
local taxation on and after the date such property is accepted by the
Secretary.
Passed the Senate August 5 (legislative day, June 30),
1993.
Attest:
WALTER J. STEWART,
Secretary. | Jena Band of Choctaw Indians of Louisiana Confirmation Act - Confirms and extends Federal recognition and associated services and benefits to the Jena Band of Choctaw of Louisiana.
Directs that the Tribe be governed by an Interim Council until the Secretary of the Interior, upon the written request of the Council, conducts an election to adopt a constitution for the Tribe, and for the election of tribal officials.
Directs the Secretary of the Interior to negotiate an economic development plan with the Tribe. | Jena Band of Choctaw Indians of Louisiana Confirmation Act |
SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2003 AND 2005.
(a) Commission Matters.--
(1) Appointment.--Subsection (c)(1) of section 2902 of the
Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is
amended--
(A) in subparagraph (B)--
(i) by striking ``and'' at the end of
clause (ii);
(ii) by striking the period at the end of
clause (iii) and inserting a semicolon; and
(iii) by adding at the end the following
new clauses (iv) and (v):
``(iv) by no later than January 24, 2003, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 108th Congress; and
``(v) by no later than March 15, 2005, in the case of
members of the Commission whose terms will expire at the end of
the first session of the 109th Congress.''; and
(B) in subparagraph (C), by striking ``or for 1995
in clause (iii) of such subparagraph'' and inserting
``, for 1995 in clause (iii) of that subparagraph, for
2003 in clause (iv) of that subparagraph, or for 2005
in clause (v) of that subparagraph''.
(2) Meetings.--Subsection (e) of that section is amended by
striking ``and 1995'' and inserting ``1995, 2003, and 2005''.
(3) Staff.--Subsection (i)(6) of that section is amended in
the matter preceding subparagraph (A) by striking ``and 1994''
and inserting ``, 1994, and 2004''.
(4) Funding.--Subsection (k) of that section is amended by
adding at the end the following new paragraph (4):
``(4) If no funds are appropriated to the Commission by the end of
the second session of the 107th Congress for the activities of the
Commission in 2003 or 2005, the Secretary may transfer to the
Commission for purposes of its activities under this part in either of
those years such funds as the Commission may require to carry out such
activities. The Secretary may transfer funds under the preceding
sentence from any funds available to the Secretary. Funds so
transferred shall remain available to the Commission for such purposes
until expended.''.
(5) Termination.--Subsection (l) of that section is amended
by striking ``December 31, 1995'' and inserting ``December 31,
2005''.
(b) Procedures.--
(1) Force-structure plan.--Subsection (a)(1) of section
2903 of that Act is amended by striking ``and 1996,'' and
inserting ``1996, 2004, and 2006,''.
(2) Selection criteria.--Subsection (b) of such section
2903 is amended--
(A) in paragraph (1), by inserting ``and by no
later than December 31, 2001, for purposes of
activities of the Commission under this part in 2003
and 2005,'' after ``December 31, 1990,''; and
(B) in paragraph (2)(A)--
(i) in the first sentence, by inserting
``and by no later than February 15, 2002, for
purposes of activities of the Commission under
this part in 2003 and 2005,'' after ``February
15, 1991,''; and
(ii) in the second sentence, by inserting
``, or enacted on or before March 31, 2002, in
the case of criteria published and transmitted
under the preceding sentence in 2001'' after
``March 15, 1991''.
(3) Department of defense recommendations.--Subsection
(c)(1) of such section 2903 is amended by striking ``and March
1, 1995,'' and inserting ``March 1, 1995, March 14, 2003, and
May 16, 2005,''.
(4) Commission review and recommendations.--Subsection (d)
of such section 2903 is amended--
(A) in paragraph (2)(A), by inserting ``or by no
later than July 7 in the case of recommendations in
2003, or no later than September 8 in the case of
recommendations in 2005,'' after ``pursuant to
subsection (c),'';
(B) in paragraph (4), by inserting ``or after July
7 in the case of recommendations in 2003, or after
September 8 in the case of recommendations in 2005,''
after ``under this subsection,''; and
(C) in paragraph (5)(B), by inserting ``or by no
later than May 1 in the case of such recommendations in
2003, or no later than July 1 in the case of such
recommendations in 2005,'' after ``such
recommendations,''.
(5) Review by president.--Subsection (e) of such section
2903 is amended--
(A) in paragraph (1), by inserting ``or by no later
than July 22 in the case of recommendations in 2003, or
no later than September 23 in the case of
recommendations in 2005,'' after ``under subsection
(d),'';
(B) in the second sentence of paragraph (3), by
inserting ``or by no later than August 18 in the case
of 2003, or no later than October 20 in the case of
2005,'' after ``the year concerned,''; and
(C) in paragraph (5), by inserting ``or by
September 3 in the case of recommendations in 2003, or
November 7 in the case of recommendations in 2005,''
after ``under this part,''.
(c) Relationship to Other Base Closure Authority.--Section 2909(a)
of that Act is amended by striking ``December 31, 1995,'' and inserting
``December 31, 2005,''.
SEC. 2. MODIFICATION OF BASE CLOSURE AUTHORITIES UNDER 1990 BASE
CLOSURE LAW.
(a) Cost Savings and Return on Investment Under Secretary of
Defense Selection Criteria.--Subsection (b) of section 2903 of the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2867 note) is amended by adding at the
end the following:
``(3) Any selection criteria proposed by the Secretary relating to
the cost savings or return on investment from the proposed closure or
realignment of a military installation shall be based on the total cost
and savings to the Federal Government that would result from the
proposed closure or realignment of such military installation.''.
(b) Department of Defense Recommendations to Commission.--
Subsection (c) of such section 2903 is amended--
(1) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4)(A) In making recommendations to the Commission under this
subsection in any year after 2000, the Secretary shall consider any
notice received from a local government in the vicinity of a military
installation that the government would approve of the closure or
realignment of the installation.
``(B) Notwithstanding the requirement in subparagraph (A), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan and final criteria
otherwise applicable to such recommendations under this section.
``(C) The recommendations made by the Secretary under this
subsection in any year after 2000 shall include a statement of the
result of the consideration of any notice described in subparagraph (A)
that is received with respect to an installation covered by such
recommendations. The statement shall set forth the reasons for the
result.''; and
(3) in paragraph (7), as so redesignated--
(A) in the first sentence, by striking ``paragraph
(5)(B)'' and inserting ``paragraph (6)(B)''; and
(B) in the second sentence, by striking ``24
hours'' and inserting ``48 hours''.
(c) Privatization in Place.--Section 2904(a) of that Act is
amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in each such report after 2000 only if privatization
in place is a method of closure or realignment of the
installation specified in the recommendation of the Commission
in such report and is determined to be the most-cost effective
method of implementation of the recommendation;''.
SEC. 3. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) Commencement of Period for Notice of Interest in Property for
Homeless.--Section 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2867 note) is amended by striking ``that date'' and inserting
``the date of publication of such determination in a newspaper of
general circulation in the communities in the vicinity of the
installation under subparagraph (B)(i)(IV)''.
(b) Other Clarifying Amendments.--
(1) That Act is further amended by inserting ``or
realignment'' after ``closure'' each place it appears in the
following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting ``or
realigned'' after ``closed'' each place it appears in the
following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(4)(A).
(E) Section 2905(b)(5)(A).
(F) Section 2910(9).
(G) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by
inserting ``, or realigned or to be realigned,'' after ``closed
or to be closed''. | Amends the Defense Base Closure and Realignment Act of 1990 to: (1) provide for continued appointments to the Defense Base Closure and Realignment Commission, authorize the Secretary of Defense to transfer funds for future Commission expenses, and extend Commission authority through December 31, 2005; (2) require the Secretary to include within budget justification documents a force structure plan for the armed forces through FY 2006 (currently, FY 1996); and (3) extend similarly the dates for submission of final selection criteria used for the closure or realignment of military installations, Department of Defense recommendations for such closures or realignments, Commission review and recommendations, and presidential review. Terminates on December 31, 2005 (currently, 1995), the authority to close or realign such installations.Requires base closure or realignment cost saving or return on investment selection criteria to be based on the total cost and savings to the Federal Government.Requires the Secretary, in making closure or realignment recommendations, to consider any notice received from a local government approving such closure or realignment.Allows privatization in place of a military installation recommended for closure or realignment only if privatization is a method specified in the Commission's recommendation and it is determined to be the most cost-effective method of implementation of the recommendation. | A bill to amend the Defense Base Closure and Realignment Act of 1990 to authorize additional rounds of base closures and realignments under the Act in 2003 and 2005, to modify certain authorities relating to closures and realignments under that Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring the Patient's Voice Act of
2017''.
SEC. 2. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
(a) In General.--The Employee Retirement Income Security Act of
1974 is amended by inserting after section 715 of such Act (29 U.S.C.
1185d) the following new section:
``SEC. 716. REQUIRED EXCEPTIONS PROCESS FOR MEDICATION STEP THERAPY
PROTOCOLS.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides coverage of a prescription drug pursuant to a medication step
therapy protocol, the plan or coverage shall--
``(1) implement a clear process for a participant or
beneficiary (or the prescribing health care provider) to
request an exception to such medication step therapy protocol;
and
``(2) if such a request demonstrates through supporting
documentation that any of the circumstances listed in
subsection (b) exists, authorize coverage for the prescription
drug without regard to such medication step therapy protocol.
``(b) Expedited Approval.--The circumstances warranting an
exception to a medication step therapy protocol, pursuant to a request
under subsection (a), are any of the following:
``(1) The treatment otherwise required under the protocol,
or a drug or drugs in the same pharmacological class, are
contraindicated or have been ineffective in the treatment of
the disease or condition of the participant or beneficiary.
``(2) The treatment otherwise required under the protocol
is reasonably expected to be ineffective based upon--
``(A) the known physical or mental characteristics
of the participant or beneficiary, including medical
history; and
``(B) the known characteristics of such treatment.
``(3) The treatment otherwise required under the protocol
will cause or is likely to cause an adverse reaction or other
physical harm to the participant or beneficiary.
``(4) The treatment otherwise required under the protocol
is not in the best interest of the participant or beneficiary,
based on medical necessity, because the participant or
beneficiary's use of such treatment is expected to decrease the
participant or beneficiary's ability--
``(A) to achieve or maintain reasonable and safe
functional ability in performing daily activities or
occupational responsibilities; or
``(B) to adhere to the treatment plan as defined by
the prescribing health care provider.
``(5) The participant or beneficiary is stable for his or
her disease or condition on the prescription drugs selected by
the prescribing health care provider.
``(c) Clear Process.--The process required by subsection (a)(1)
shall make information regarding such process readily available on the
website of the group health plan, including--
``(1) the requirements for requesting an exception to a
medication step therapy protocol pursuant to this section; and
``(2) any necessary forms and contact information.
``(d) Timing for Granting Exception.--The process required by
subsection (a)(1) shall provide for the disposition of requests
received under such paragraph in accordance with the following:
``(1) Such a request shall be granted as quickly as the
disease or condition of the participant or beneficiary
requires, but no later than 3 days after the day of receipt of
the request.
``(2) For circumstances in which the applicable medication
step therapy protocol may seriously jeopardize the life,
health, or ability to regain maximum function of the
participant or beneficiary, such a request shall be granted--
``(A) on an expedited basis; and
``(B) no later than 24 hours after receipt of such
request.
``(e) Medication Step Therapy Protocol.--In this section, the term
`step therapy protocol' means a protocol or program that establishes a
specific sequence in which prescription drugs that--
``(1) are for a specified disease or condition, and
``(2) are medically necessary for a particular patient,
are covered under a pharmacy or medical benefit by a group health plan
or a health insurance issuer offering group or individual health
insurance coverage.''.
(b) Technical Correction; Clerical Change.--The table of contents
in section 1 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1001 et seq.) is amended by inserting after the item relating to
section 714 the following new items:
Sec. 715. Additional market reforms.
Sec. 716. Required exceptions process for medication step therapy
protocols.
(c) Effective Date.--The amendment made by subsection (a) applies
to plan years beginning no sooner than 6 months after the date of
enactment of this Act. | Restoring the Patient's Voice Act of 2017 This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer. To warrant an exception to the protocol, at least one of the following circumstances must be met: (1) the treatment is contraindicated, (2) the treatment is expected to be ineffective, (3) the treatment will cause or is likely to cause an adverse reaction to the individual, (4) the treatment is expected to decrease the individual's ability either to perform daily activities or occupational responsibilities or adhere to the treatment plan, or (5) the individual is stable based on the prescription drugs already selected. The bill requires a group health plan to implement a clear process for an individual to request an exception to the protocol. The process shall be readily available on the website of the group health plan and must list the requirements for a request and any necessary forms and contact information. Requests shall be granted no later than three days after receipt of the request. In certain cases where the life, health, and ability of the individual are jeopardized by the protocol, the request shall be granted no later than 24 hours after receipt of the request. | Restoring the Patient’s Voice Act of 2017 |
SECTION 1. NATIONAL PARK RANGER SCHOOL PARTNERSHIP PROGRAM.
(a) Program Established.--
(1) In general.--Part D of title V of the Elementary and
Secondary Education Act of 1965 is amended by adding at the end
the following:
``Subpart 22--National Park Ranger School Partnerships
``SEC. 5621. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary, in cooperation with the Director
of the National Park Service, may award grants, on a competitive basis,
to schools and local educational agencies and education service
agencies to carry out the authorized activities described in subsection
(b).
``(b) Authorized Activities.--A school or local educational agency
shall use funds provided under this subpart to enter into a partnership
with the National Park Service, in cooperation where appropriate with a
not-for-profit partner of the National Park Service, to carry out both
of the following activities:
``(1) Providing, for students in kindergarten through grade
12, educational programs (including programs under which
instruction is provided by National Park Service Rangers) that
emphasize science, the environment, natural resources,
mathematics, civics, and history.
``(2) Providing, for educators of students in kindergarten
through grade 12, professional development opportunities (such
as summer institutes) that emphasize science, the environment,
natural resources, mathematics, civics, and history.
``(c) Grants.--Each grant under this subpart shall be for a period
of 3 years, for an aggregate amount of not more than $25,000.
``(d) Eligibility.--To be eligible to receive a grant under this
subpart, a school or local educational agency must--
``(1) either--
``(A) have a partnership or be capable of
partnering with a unit of the National Park Service or
a Research and Learning Center of the National Park
Service; or
``(B) have, or demonstrate that it will develop, a
technology-based distance learning link to the National
Park Service;
``(2) be identified for improvement under title I; and
``(3) have a significant percentage of low-income students.
``(e) Criteria.--Grants under this subpart shall be awarded on a
competitive basis using criteria established jointly by the Secretary
and the Director of the National Park Service.
``(f) Reports by Grantees.--Upon completing the period for which
the grant was made, the school or local educational agency receiving
the grant shall submit to the Secretary a report that--
``(1) identifies the number of students participating in
the activities described in subsection (b)(1) that were carried
out under the grant and the achievement attained by those
students in mathematics, science, and any other academic areas
relevant to the activities carried out under the grant as
measured against--
``(A) Statewide scores for students on the academic
assessments in mathematics or science under section
1111(b)(3); and
``(B) other benchmarks established by the
Secretary, in coordination with the National Park
Service; and
``(2) identifies the number of educators participating in
the activities described in subsection (b)(2) that were carried
out under the grant and the professional development received
by those educators in mathematics, science, and any other
academic areas relevant to the activities carried out under the
grant.
``(g) Report by Secretary.--Not later than 3 years after the date
of the enactment of this section, the Secretary, in coordination with
the Director of the National Park Service, shall submit a report to
Congress on the implementation of this subpart. The report shall
include recommendations on whether and to what extent the program
should be continued or expanded.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart $1,000,000 for fiscal year 2008,
to be available until expended.''.
(2) Clerical amendment.--The table of contents in section 2
of that Act is amended by adding after the items relating to
subpart 21 of part D of title V the following:
``subpart 22--national park ranger school partnerships
``Sec. 5621. Program authorized.''.
(b) National Park Service Eligibility for Certain Programs.--
(1) Math and science partnerships.--Section 2201(b)(1)(B)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6661(b)(1)(B)) is amended--
(A) by redesignating clauses (iii) and (iv) as (iv)
and (v), respectively; and
(B) by adding after clause (ii) the following:
``(iii) the National Park Service;''.
(2) Teaching of traditional american history.--Section
2351(b) of that Act (20 U.S.C. 6721(b)) is amended by adding at
the end the following:
``(4) An educational service agency, including a Federal
agency that serves as an educational service provider.''. | Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the National Park Ranger School Partnerships program authorizing the Secretary of Education to award competitive, three-year grants to schools and local educational agencies (LEAs) to enter into partnerships with the National Park Service (NPS) to provide kindergarten through grade 12 (K-12) students with educational programs and K-12 teachers with professional development emphasizing science, the environment, natural resources, mathematics, civics, and history. Makes education service agencies eligible for grants to carry out such educational programs and professional development activities.
Deems schools and LEAs to be eligible for such a grant only if they: (1) have, are capable of, or will develop certain connections to the NPS; (2) have been identified as needing improvement under title I of the ESEA; and (3) serve a significant percentage of low-income students.
Permits: (1) the NPS to participate in the Mathematics and Science Partnerships program that provides training to teachers of such subjects under title II of the ESEA; and (2) educational service agencies, including federal agencies that serve as educational service providers, to partner with LEAs under such title's Teaching American History Grant Program. | To amend the Elementary and Secondary Education Act of 1965 to establish a partnership between the Department of Education and the National Park Service to provide educational opportunities for students and teachers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Victims' Assets,
Restitution Policy, and Remembrance Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States should continue to lead the
international effort to identify, protect, and return looted
assets taken by the Nazis and their collaborators from victims
of the Holocaust.
(2) The citizens of the United States should understand
exactly how the United States Government dealt with the assets
looted from victims of the Nazis that came into its possession.
(3) The United States forces in Europe made extraordinary
efforts to locate and restitute assets taken by the Nazis and
their collaborators from victims of the Holocaust.
(4) However, the restitution policy formulated by the
United States and implemented in the countries in Europe
occupied by the United States had many inadequacies and fell
short of realizing the goal of returning stolen property to the
victims.
(5) As a result of these United States policies and their
implementation, there remain today many survivors or heirs of
survivors who have not had restored to them that which the
Nazis looted.
(6) The Presidential Advisory Commission on Holocaust
Assets in the United States, established in Public Law 105-186,
found the following:
(A) Despite the undertaking by United States
agencies to preserve, protect, and return looted
assets, United States restitution policy could never
fully address the unimaginable dimension and complexity
of restituting assets to victims of the Holocaust. Many
inadequacies reveal that United States authorities were
driven by necessity, and practical concerns of
restitution commingled with conflicting interests,
priorities, and political considerations. Restitution
competed with, and was often subordinated to, the
desire to bring American troops home, the need to
rebuild devastated European economies, and provide
humanitarian assistance to millions of displaced
persons, and the Cold War.
(B) With respect to many types of assets, the
United States followed international legal tradition
and undertook only to restore property to national
governments, which it assumed would be responsible for
satisfying the claims of their citizens. Because this
practice excluded those who no longer had a nation to
represent their interests, or who had fallen victim to
the Nazi genocide, the United States also designated
certain ``successor organizations'' to sell heirless
and unclaimed property and apply the proceeds to the
care, resettlement, and rehabilitation of surviving
victims. This practice led many assets to be too
hastily labeled as heirless or unidentifiable, with the
result that they were assigned to the successor
organizations, rather than returned to their rightful
owners.
(C) Far more regrettable is the United States
failure to adequately assist victims, heirs, and
successor organizations to identify victims' assets,
instead relying upon them to present their own claims,
often within unrealistically short deadlines, with the
result that much victim property was never recovered.
(D) Even when property was returned to individual
owners or their heirs, it was often only after
protracted, cumbersome, and expensive administrative
proceedings that yielded settlements far less than the
full value of the assets concerned.
(E) While the overall record of the United States
is one in which its citizens can legitimately take
pride, even the most farsighted and best-intentioned
policies intended to restitute stolen property to its
country of origin failed to realize the goal of
returning property to the victims who suffered the
loss.
(F) In many instances, policy and circumstance
combined and led to results that can be improved upon
now, to provide a modicum of justice to Holocaust
victims and their heirs and in memory of those who did
not survive.
(7) The United States Government should promote both the
review of Holocaust-era assets in Federal, State, and private
institutions, and the return of such assets to victims or their
heirs.
(8) The best way to achieve this is to create a single
institution to serve as a centralized repository for research
and information about Holocaust-era assets.
(9) Enhancing these policies will also assist victims of
future armed conflicts around the world.
(10) The Government of the United States has worked to
address the consequences of the National Socialist era with
other governments and nongovernmental organizations, including
the Conference on Jewish Material Claims Against Germany, which
has worked since 1951 with the Government of the United States
and with other governments to accomplish material restitution
of the looted assets of Holocaust victims, wherever those
assets were identified, and has played a major role in
allocating restitution funds and funds contributed by the
United States and other donor countries to the Nazi Persecutee Relief
Fund.
SEC. 3. ESTABLISHMENT AND PURPOSES.
(a) Establishment.--There is established a National Foundation for
the Study of Holocaust Assets (in this Act referred to as the
``Foundation'').
(b) Purposes.--The purposes of the Foundation are--
(1) to serve as a centralized repository for research and
information about Holocaust-era assets by--
(A) compiling and publishing a comprehensive report
that integrates and supplements where necessary the
research on Holocaust-era assets prepared by various
countries' commissions on the Holocaust;
(B) working with the Department of State's Special
Envoy for Holocaust Issues to review the degree to
which foreign governments have implemented the
principles adopted at the Washington Conference on
Holocaust-era Assets and the Vilnius International
Forum on Holocaust-era Looted Cultural Property, and
should encourage the signatories that have not yet
implemented those principles to do so; and
(C) collecting and disseminating information about
restitution programs around the world;
(2) to create tools to assist individuals and institutions
to determine the ownership of Holocaust victims' assets and to
enable claimants to obtain the speedy resolution of their
personal property claims by--
(A) ensuring the implementation of the agreements
entered into by the Presidential Advisory Commission on
Holocaust Assets in the United States with the American
Association of Museums and the Association of Art
Museum Directors to provide for the establishment and
maintenance of a searchable central registry of
Holocaust-era cultural property in the United States,
beginning with European paintings and Judaica;
(B) funding grants to museums, libraries,
universities, and other institutions that hold
Holocaust-era cultural property and adhere to the
agreements referred to in subparagraph (A), to conduct
provenance research;
(C) encouraging the creation and maintenance of
mechanisms such as an Internet-based, searchable portal
of Holocaust victims' claims for the restitution of
personal property;
(D) funding a cross match of records developed by
the 50 States of escheated property from the Holocaust
era against databases of victims' names and publicizing
the results of this effort;
(E) assisting State governments in the preservation
and automation of records of unclaimed property that
may include Holocaust-era property; and
(F) regularly publishing lists of Holocaust-era
artworks returned to claimants by museums in the United
States;
(3) to work with private sector institutions to develop and
promote common standards and best practices for research and
information gathering on Holocaust-era assets by--
(A) promoting and monitoring banks' implementation
of the suggested best practices developed by the
Presidential Advisory Commission on Holocaust Assets in
the United States and the New York Bankers'
Association;
(B) promoting the development of common standards
and best practices for research by United States
corporations into their records concerning whether they
conducted business with Nazi Germany in the period
preceding the onset of hostilities in December 1941;
(C) encouraging the International Commission on
Holocaust Era Insurance Claims (ICHEIC) to prepare a
report on the results of its claims process; and
(D) promoting the study and development of policies
regarding the treatment of cultural property in
circumstances of armed conflict; and
(4) other purposes the Board considers appropriate.
SEC. 4. BOARD OF DIRECTORS.
(a) Membership and Terms.--The Foundation shall have a Board of
Directors (in this Act referred to as the ``Board''), which shall
consist of 17 members, each of whom shall be a United States citizen.
(b) Appointment.--Members of the Board shall be appointed as
follows:
(1) Nine members of the Board shall be representatives of
government departments, agencies and establishments, appointed
by the President, by and with the advice and consent of the
Senate as follows:
(A) One representative each from the Department of
State, Department of Justice, Department of the
Treasury, Department of the Army, National Archives and
Records Administration, and Library of Congress.
(B) One representative each from the United States
Holocaust Memorial Council, National Gallery of Art,
and National Foundation on the Arts and Humanities.
(2) Eight members of the Board shall be individuals who
have a record of demonstrated leadership relating to the
Holocaust or in the fields of commerce, culture, or education,
appointed by the President, by and with the advice and consent
of the Senate, after consideration of the recommendations of
the congressional leadership, as follows:
(A) Two members each shall be appointed after
consideration of the recommendations of the Majority
Leader of the Senate and after consideration of the
recommendations of the Minority Leader of the Senate.
(B) Two members each shall be appointed after
consideration of the recommendations of the Speaker of
the House of Representatives and after consideration of
the recommendations of the Minority Leader of the House
of Representatives.
(c) Chairman.--The President shall appoint a Chair from among the
members of the Board.
(d) Quorum and Voting.--A majority of the membership of the Board
shall constitute a quorum for the transaction of business. Voting shall
be by simple majority of those members voting.
(e) Meetings and Consultations.--The Board shall meet at the call
of the Chairman at least twice a year. Where appropriate, members of
the Board shall consult with relevant agencies of the Federal
Government, and with the United States Holocaust Memorial Council and
Museum.
(f) Reimbursements.--Members of the Board shall serve without pay,
but shall be reimbursed for the actual and necessary traveling and
subsistence expenses incurred by them in the performance of the duties
of the Foundation.
SEC. 5. OFFICERS AND EMPLOYEES.
(a) Executive Director.--The Foundation shall have an Executive
Director appointed by the Board and such other officers as the Board
may appoint. The Executive Director and the other officers of the
Foundation shall be compensated at rates fixed by the Board and shall
serve at the pleasure of the Board.
(b) Employees.--Subject to the approval of the Board, the
Foundation may employ such individuals at such rates of compensation as
the Executive Director determines appropriate.
(c) Volunteers.--Subject to the approval of the Board, the
Foundation may accept the services of volunteers in the performance of
the functions of the Foundation.
SEC. 6. FUNCTION AND CORPORATE POWERS.
The Foundation--
(1) may conduct business in the United States and abroad;
(2) shall have its principal offices in the District of
Columbia or its environs; and
(3) shall have the power--
(A) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of real or personal property or any income
therefrom, or other interest therein;
(B) to acquire by purchase or exchange any real or
personal property or interest therein;
(C) to sell, donate, lease, invest, reinvest,
retain, or otherwise dispose of any real or personal
property or income therefrom;
(D) to enter into contracts or other arrangements
with public agencies, private organizations, and other
persons, and to make such payments as may be necessary
to carry out its purposes; and
(E) to do any and all acts necessary and proper to
carry out the purposes of the Foundation.
SEC. 7. REPORTING REQUIREMENTS.
The Foundation shall, as soon as practicable after the end of each
fiscal year, transmit to Congress a report of its proceedings and
activities during that fiscal year, including a full and complete
statement of its receipts, expenditures, and investments, and a
description of all acquisition and disposal of real property.
SEC. 8. ADMINISTRATIVE SERVICES AND SUPPORT.
The Secretary of the Treasury, the Secretary of Education, the
Secretary of State, and the heads of any other Federal agencies may
provide personnel, facilities, and other administrative services to the
Foundation.
SEC. 9. SUNSET PROVISION.
The Foundation shall exist until September 30, 2013, at which time
the Foundation's functions and research materials and products shall be
transferred to the United States Holocaust Memorial Museum, or to other
appropriate entities, as determined by the Board.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to the
Foundation such sums as may be necessary to carry out this Act.
(b) Limitation.--No funds appropriated to carry out this Act may be
used to pay attorneys' fees in the pursuit of private claims. | Holocaust Victims' Assets, Restitution Policy, and Remembrance Act - Establishes the National Foundation for the Study of Holocaust Assets to: (1) serve as a centralized repository for research and information about Holocaust-era assets; (2) create tools to assist individuals and institutions to determine the ownership of Holocaust victims' assets and to enable claimants to obtain the speedy resolution of their personal property claims; and (3) work with private sector institutions to develop and promote common standards and best practices for research and information gathering on Holocaust-era assets. | A bill to establish a National Foundation for the Study of Holocaust Assets. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bone Marrow Donor Program
Reauthorization Act of 1993''.
SEC. 2. REAUTHORIZATION.
(a) Establishment of Registry.--Section 379(a) of the Public Health
Service Act (42 U.S.C. 274k(a)) is amended by adding at the end thereof
the following: ``With respect to the board of directors--
``(1) each member of the board shall serve for a term of 5
years, except that the terms of each member who is serving on
the date of enactment of the Bone Marrow Donor Program
Reauthorization Act of 1993 shall expire at times determined by
the Secretary, in consultation with the board;
``(2) a member of the board may continue to serve after the
expiration of the term of such member until a successor is
appointed; and
``(3) to ensure the continuity of the board, not more than
one-fifth of the board shall be composed of newly appointed
members each year.''.
(b) Program for Recruitment of Donors.--Section 379(b) of such Act
(42 U.S.C. 274k(b)) is amended--
(1) in paragraph (5) to read as follows:
``(5) establish a program for the recruitment of bone
marrow donors that includes the compilation and distribution of
informational materials and processes to educate and update
potential donors;'';
(2) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(3) by inserting after paragraph (5), the following new
paragraph:
``(6) regularly update the Registry to account for changes
in potential donor status;''.
(c) Information and Education Program.--Section 379 of such Act (42
U.S.C. 274k) is amended--
(1) by redesignating subsection (j) as subsection (k);
(2) by inserting after subsection (i), the following new
subsection:
``(j) Information and Education Program.--
``(1) In general.--The Secretary may award grants to, and
enter into contracts with, public or nonprofit private entities
for the purpose of increasing bone marrow donation by enabling
such entities to--
``(A) plan and conduct programs to provide
information and education to the public on the need for
donations of bone marrow;
``(B) train individuals in requesting such
donations; and
``(C) test and enroll marrow donors.
``(2) Priorities.--In awarding grants and contracts under
paragraph (1), the Secretary shall give priority to carrying
out the purposes described in such paragraph with respect to
minority populations.''; and
(3) in subsection (k) (as so redesignated), by striking
``1991'' and all that follows and inserting ``1994, and such
sums as may be necessary for each of the fiscal years 1995 and
1996.''.
(d) Patient advocacy and Case Management.--
(1) In general.--Section 379 of such Act (42 U.S.C. 274k),
as amended by subsection (c), is amended--
(A) by redesignating subsection (k) as subsection
(l); and
(B) by inserting after subsection (j), the
following new subsection:
``(k) Patient Advocacy and Case Management.--
``(1) Establishment.--The Secretary shall by grant or
contract establish and maintain an office of patient advocacy
and case management that meets the requirements of this
subsection.
``(2) Provisions relating to grants and contracts.--
``(A) Application.--To be eligible for a grant or
contract under this subsection an entity shall prepare
and submit to the Secretary for approval an application
that shall be in such form, submitted in such manner,
and contain such information as the Secretary shall by
regulation prescribe.
``(B) Limitations.--A grant or contract under this
subsection shall be for a period of 3 years. No grant
or contract may exceed $500,000 for any such year.
``(3) Functions.--The office established under paragraph
(1) shall--
``(A) be headed by a director who shall serve as an
advocate on behalf of--
``(i) individuals who are registered with
the Registry to search for a biologically
unrelated bone marrow donor; and
``(ii) the physicians involved;
``(B) establish and maintain a system for patient
advocacy that directly assists patients, their
families, and their physicians in a search for an
unrelated donor;
``(C) provide individual case management services
to directly assist individuals and physicians referred
to in subparagraph (A), including--
``(i) individualized case assessment,
tracking of preliminary search through
activation, and follow up when the search
process is interrupted or discontinued;
``(ii) informing individuals and physicians
of progress made in searching for appropriate
donors; and
``(iii) identifying and resolving
individual search problems or concerns;
``(D) collect and analyze data concerning the
number and percentage of individuals proceeding from
preliminary to formal search and the number and
percentage of patients unable to complete the search
process; and
``(E) survey patients to evaluate how well such
patients are being served and make recommendations for
streamlining the search process.
``(4) Evaluation.--
``(A) In general.--The Secretary shall evaluate the
system established under paragraph (1) and make
recommendations to Congress concerning the success or
failure of such system in improving patient
satisfaction, and any impact the system has had on
assisting individuals in proceeding to transplant.
``(B) Report.--Not later than April 1, 1996, the
Secretary shall prepare and submit to the Committee on
Energy and Commerce of the House of Representatives and
the Committee on Labor and Human Resources of the
Senate a report concerning the evaluation conducted
under subparagraph (A), including the recommendations
developed under such subparagraph.''.
(2) Registry functions.--Section 379(b)(2) of such Act (42
U.S.C. 274k(b)(2)) is amended by striking ``establish'' and all
that follows through ``directly assists'' and inserting
``cooperate with the patient advocacy and case management
office established under subsection (j) and make available
information on (A) the resources available through the National
Bone Marrow Donor Program, (B) the comparative costs incurred
by patients prior to transplant, and (C) the marrow donor
registries that meet the standards described in subsection
(c)(3) and (d)(1), to assist''.
(3) Effective date.--The amendments made by this subsection
shall take effect on April 1, 1995.
Passed the Senate November 22, 1993.
Attest:
MARTHA S. POPE,
Secretary. | Bone Marrow Donor Program Reauthorization Act of 1993 - Amends the Public Health Service Act to provide for the terms of office for members of the board of the National Bone Marrow Donor Registry. Modifies Registry functions.
Authorizes grants and contracts to increase bone marrow donation, including through public education, training individuals in requesting donations, and testing and enrolling marrow donors.
Authorizes appropriations.
Mandates establishment, through grant or contract, of an office of patient advocacy and case management. (Current law requires the Registry to establish a system for patient advocacy.) | Bone Marrow Donor Program Reauthorization Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katie Sepich Enhanced DNA Collection
Act of 2012''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) DNA arrestee collection process.--The term ``DNA arrestee
collection process'' means, with respect to a State, a process
under which the State provides for the collection, for purposes of
inclusion in the index described in section 210304(a) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(a)) (in this Act
referred to as the ``National DNA Index System''), of DNA profiles
or DNA data from the following individuals who are at least 18
years of age:
(A) Individuals who are arrested for or charged with a
criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a
criminal offense under State law that has an element involving
a sexual act or sexual contact with another and that is
punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a
criminal offense under State law that has an element of
kidnaping or abduction and that is punishable by imprisonment
for more than 1 year.
(D) Individuals who are arrested for or charged with a
criminal offense under State law that consists of burglary
punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a
criminal offense under State law that consists of aggravated
assault punishable by imprisonment for more than 1 year.
(2) State.--The term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the Commonwealth of
the Northern Mariana Islands.
SEC. 3. GRANTS TO STATES TO IMPLEMENT DNA ARRESTEE COLLECTION
PROCESSES.
(a) In General.--The Attorney General shall, subject to amounts
made available pursuant to section 5, carry out a grant program for the
purpose of assisting States with the costs associated with the
implementation of DNA arrestee collection processes.
(b) Applications.--
(1) In general.--To be eligible to receive a grant under this
section, in addition to any other requirements specified by the
Attorney General, a State shall submit to the Attorney General an
application that demonstrates that it has statutory authorization
for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds.--An application submitted under
paragraph (1) by a State shall include assurances that the amounts
received under the grant under this section shall be used to
supplement, not supplant, State funds that would otherwise be
available for the purpose described in subsection (a).
(3) Other requirements.--The Attorney General shall require a
State seeking a grant under this section to document how such State
will use the grant to meet expenses associated with a State's
implementation or planned implementation of a DNA arrestee
collection process.
(c) Grant Allocation.--
(1) In general.--The amount available to a State under this
section shall be based on the projected costs that will be incurred
by the State to implement a DNA arrestee collection process.
Subject to paragraph (2), the Attorney General shall retain
discretion to determine the amount of each such grant awarded to an
eligible State.
(2) Maximum grant allocation.--In the case of a State seeking a
grant under this section with respect to the implementation of a
DNA arrestee collection process, such State shall be eligible for a
grant under this section that is equal to no more than 100 percent
of the first year costs to the State of implementing such process.
(d) Grant Conditions.--As a condition of receiving a grant under
this section, a State shall have a procedure in place to--
(1) provide written notification of expungement provisions and
instructions for requesting expungement to all persons who submit a
DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and
instructions for requesting expungement on an appropriate public
Web site; and
(3) make a determination on all expungement requests not later
than 90 days after receipt and provide a written response of the
determination to the requesting party.
SEC. 4. EXPUNGEMENT OF PROFILES.
The expungement requirements under section 210304(d) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any DNA
profile or DNA data collected pursuant to this Act for purposes of
inclusion in the National DNA Index System.
SEC. 5. OFFSET OF FUNDS APPROPRIATED.
Any funds appropriated to carry out this Act, not to exceed
$10,000,000 for each of fiscal years 2013 through 2015, shall be
derived from amounts appropriated pursuant to subsection (j) of section
2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135)
in each such fiscal year for grants under such section.
SEC. 6. CONFORMING AMENDMENT TO THE DEBBIE SMITH DNA BACKLOG GRANT
PROGRAM.
Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(a)) is amended by adding at the end the following new
paragraph:
``(6) To implement a DNA arrestee collection process consistent
with the Katie Sepich Enhanced DNA Collection Act of 2012.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Katie Sepich Enhanced DNA Collection Act of 2012 - Directs the Attorney General to make grants to assist states with the costs associated with the implementation of DNA arrestee collection processes.
Defines "DNA arrestee collection process" to mean a process under which a state provides for the collection, for inclusion in the National DNA Index System, of DNA profiles or DNA data from individuals who are at least 18 years of age who are arrested for or charged under state law with homicide or a criminal offense that is punishable by imprisonment for more than one year involving a sexual act or sexual contact with another, kidnaping or abduction, burglary, or aggravated assault.
Sets forth requirements regarding grant applications and the allocation of grant funds.
Conditions receipt of a grant on a state having a procedure in place to provide written notification of expungement provisions and instructions to all persons who submit a DNA profile or DNA data and on an appropriate public website. Makes expungement requirements under the DNA Identification Act of 1994 applicable to any DNA profile or DNA data collected pursuant to this Act for inclusion in the System.
Amends the DNA Analysis Backlog Elimination Act of 2009 to authorize the Attorney General to make grants to implement a DNA arrestee collection process consistent with this Act. | To authorize the Attorney General to award grants for States to implement DNA arrestee collection processes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``527 Fairness Act of 2005''.
SEC. 2. REPEAL OF AGGREGATE LIMIT ON CONTRIBUTIONS BY INDIVIDUALS.
(a) Repeal of Limit.--Section 315(a) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by striking
paragraph (3).
(b) Conforming Amendments.--
(1) Indexing.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended by striking ``(a)(3),'' each place it
appears in paragraphs (1)(B)(i), (1)(C), and (2)(B)(ii).
(2) Increase in limits for senate candidates facing wealthy
opponents.--Section 315(i)(1)(C) of such Act (2 U.S.C.
441a(i)(1)(C)) is amended--
(A) by amending clause (i) to read as follows:
``(i) 2 times the threshold amount, but not
over 4 times that amount, the increased limit
shall be 3 times the applicable limit;'';
(B) by amending clause (ii) to read as follows:
``(ii) 4 times the threshold amount, but
not over 10 times that amount, the increased
limit shall be 6 times the applicable limit;
and''; and
(C) in clause (iii)--
(i) by adding ``and'' at the end of
subclause (I),
(ii) by striking subclause (II), and
(iii) by redesignating subclause (III) as
subclause (II).
(3) Increase in limits for house candidates facing wealthy
opponents.--Section 315A(a)(1) of such Act (2 U.S.C. 441a-
1(a)(1)) is amended--
(A) by adding ``and'' at the end of subparagraph
(A);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 3. REPEAL OF LIMIT ON AMOUNT OF PARTY EXPENDITURES ON BEHALF OF
CANDIDATES IN GENERAL ELECTIONS.
(a) Repeal of Limit.--Section 315(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) Notwithstanding'' and
inserting ``Notwithstanding'',
(B) by striking ``expenditures or limitations on''
and inserting ``amounts of expenditures or'', and
(C) by striking ``Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4)
of this subsection'' and inserting ``Federal office in
any amount''; and
(2) by striking paragraphs (2), (3), and (4).
(b) Conforming Amendments.--
(1) Indexing.--Section 315(c) of such Act (2 U.S.C.
441a(c)) is amended--
(A) in paragraph (1)(B)(i), by striking ``(d),'';
and
(B) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting ``subsection
(b)''.
(2) Increase in limits for senate candidates facing wealthy
opponents.--Section 315(i) of such Act (2 U.S.C. 441a(i)(1)) is
amended--
(A) in paragraph (1)(C), as amended by section
2(b)(2)(C), by amending clause (iii) to read as
follows:
``(iii) 10 times the threshold amount, the
increased limit shall be 6 times the applicable
limit.'';
(B) in paragraph (2)(A) in the matter preceding
clause (i), by striking ``, and a party committee shall
not make any expenditure,'';
(C) in paragraph (2)(A)(ii), by striking ``and
party expenditures previously made''; and
(D) in paragraph (2)(B), by striking ``and a party
shall not make any expenditure''.
(3) Increase in limits for house candidates facing wealthy
opponents.--Section 315A(a) of such Act (2 U.S.C. 441a--1(a))
is amended--
(A) in paragraph (1), as amended by section
2(b)(3), by striking ``exceeds $350,000--'' and all
that follows and inserting the following: ``exceeds
$350,000, the limit under subsection (a)(1)(A) with
respect to the candidate shall be tripled.'';
(B) in paragraph (3)(A) in the matter preceding
clause (i), by striking ``, and a party committee shall
not make any expenditure,'';
(C) in paragraph (3)(A)(ii), by striking ``and
party expenditures previously made''; and
(D) in paragraph (3)(B), by striking ``and a party
shall not make any expenditure''.
SEC. 4. INCREASE IN CONTRIBUTION LIMITS FOR POLITICAL COMMITTEES.
(a) Contributions to Political Committees.--Section 315(a)(1)(C) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)(C)) is
amended by striking ``$5,000'' and inserting ``$7,500''.
(b) Contributions Made by Multicandidate Committees.--Section
315(a)(2) of such Act (2 U.S.C. 441a(a)(2)) is amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$7,500'';
(2) in subparagraph (B), by striking ``$15,000'' and
inserting ``$25,000''; and
(3) in subparagraph (C), by striking ``$5,000'' and
inserting ``$7,500''.
SEC. 5. INDEXING OF ALL CONTRIBUTION LIMITS.
(a) In General.--Section 315(c)(1)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(c)(1)(B)) is amended to read as
follows:
``(B) Except as provided in subparagraph (C)--
``(i) in any calendar year after 2002--
``(I) a limitation established by subsection
(a)(1)(A), (a)(1)(B), (b), or (h) shall be increased by
the percent difference under subparagraph (A),
``(II) each amount so increased shall remain in
effect for the calendar year, and
``(III) if any amount after the adjustment made
under subclause (I) is not a multiple of $100, such
amount shall be rounded to the nearest multiple of
$100; and
``(ii) in any calendar year after 2006--
``(I) a limitation established by subsection
(a)(1)(C), (a)(1)(D), or (a)(2) shall be increased by
the percent difference under subparagraph (A),
``(II) each amount so increased shall remain in
effect for the calendar year, and
``(III) if any amount after the adjustment made
under subclause (I) is not a multiple of $100, such
amount shall be rounded to the nearest multiple of
$100.''.
(b) Period of Increase.--Section 315(c)(1)(C) of such Act (2 U.S.C.
441a(c)(1)(C)), as amended by section 2(b)(1), is amended by striking
``subsections (a)(1)(A), (a)(1)(B), and (h)'' and inserting
``subsections (a) and (h)''.
(c) Determination of Base Year.--Section 315(c)(2)(B) of such Act
(2 U.S.C. 441a(c)(2)(B)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) for purposes of subsections (a)(1)(C),
(a)(1)(D), and (a)(2), calendar year 2005.''.
SEC. 6. PERMITTING TRANSFERS BETWEEN LEADERSHIP COMMITTEES AND NATIONAL
PARTY COMMITTEES.
Section 315(a)(4) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(4)) is amended--
(1) by striking ``(4)'' and inserting ``(4)(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) The limitations on contributions contained in paragraphs (1)
and (2) do not apply to transfers between a leadership committee of an
individual holding Federal office and political committees established
and maintained by a national political party. For purposes of the
previous sentence, the term `leadership committee' means, with respect
to an individual holding Federal office, an unauthorized political
committee which is associated with such individual but which is not
affiliated with any authorized committee of such individual.''.
SEC. 7. INCREASE IN THRESHOLD OF CONTRIBUTIONS AND EXPENDITURES
REQUIRED FOR DETERMINING TREATMENT AS POLITICAL
COMMITTEE.
(a) In General.--Section 301(4)(A) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(4)(A)) is amended by striking ``$1,000'' each
place it appears and inserting ``$10,000''.
(b) Local Political Party Committees.--
(1) Contributions received.--Section 301(4)(C) of such Act
(2 U.S.C. 431(4)(C)) is amended by striking ``$5,000'' each
place it appears and inserting ``$10,000''.
(2) Contributions or expenditures made.--Section 301(4)(C)
of such Act (2 U.S.C. 431(4)(C)) is amended by striking
``$1,000'' each place it appears and inserting ``$10,000''.
SEC. 8. PROHIBITING CONTRIBUTIONS AND DONATIONS TO SECTION 527
ORGANIZATIONS BY FOREIGN NATIONALS.
(a) In General.--Section 319(a)(1) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441e(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) a contribution or donation to an organization
described in section 527 of the Internal Revenue Code
of 1986; or''.
(b) Conforming Amendment Regarding Solicitation of Funds.--Section
319(a)(2) of such Act (2 U.S.C. 441e(a)(2)) is amended by striking
``(A) or (B)'' and inserting ``(A), (B), or (C)''.
SEC. 9. REQUIRING SECTION 527 ORGANIZATIONS TO SUBMIT REPORTS UNDER
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
Section 304(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)) is amended by adding at the end the following new
paragraph:
``(13)(A) Except as provided in subparagraph (B), each organization
described in section 527 of the Internal Revenue Code of 1986 shall
submit a report under this section in the same manner, under the same
terms and conditions, and at the same times applicable to a political
committee which is not an authorized committee of a candidate or a
national committee of a political party.
``(B) Subparagraph (A) does not apply to an organization described
in section 527(j)(5)(B) of the Internal Revenue Code of 1986 (relating
to a State or local committee of a political party or political
committee of a State or local candidate).''.
SEC. 10. PERMITTING EXPENDITURES FOR ELECTIONEERING COMMUNICATIONS BY
CERTAIN ORGANIZATIONS.
(a) Permitting Organizations to Make Expenditures for Certain
Targeted Electioneering Communications.--Section 316(c) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441b(c)) is amended by striking
paragraph (6).
(b) Expanding Types of Organizations Eligible to Make
Expenditures.--
(1) In general.--Section 316(c) of such Act (2 U.S.C.
441b(c)) is amended by striking ``section 501(c)(4)
organization'' each place it appears in paragraphs (2), (3)(B),
and (4)(A) (in the matter preceding clause (i)) and inserting
``section 501(c)(4), (5), or (6) organization''.
(2) Definition.--Section 316(c)(4)(A)(i) of such Act (2
U.S.C. 441b(c)(4)(A)(i)) is amended by striking ``section
501(c)(4) of the Internal Revenue Code of 1986'' and inserting
``paragraph (4), (5), or (6) of section 501(c) of the Internal
Revenue Code of 1986''.
(c) Clarification of Effect on Tax Treatment of Expenditures.--
Section 316(c)(5) of such Act (2 U.S.C. 441b(c)(5)) is amended by
striking the period at the end and inserting the following: ``, or to
affect the treatment under such Code of any expenditures described in
section 527(e) of such Code which are made by a section 501(c)(4), (5),
or (6) organization.''.
SEC. 11. EXPANDING ABILITY OF CORPORATIONS AND LABOR ORGANIZATIONS TO
COMMUNICATE WITH MEMBERS.
(a) Types of Communications Permitted.--Section 316(b)(4)(B) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(B)) is
amended by striking ``only by mail addressed'' and inserting ``only by
communications addressed or otherwise delivered''.
(b) Solicitations by Trade Associations.--Section 316(b)(4)(D) of
such Act (2 U.S.C. 441b(b)(4)(D)) is amended by striking ``to the
extent that'' and all that follows and inserting a period.
SEC. 12. PERMITTING STATE AND LOCAL POLITICAL PARTIES TO USE NONFEDERAL
FUNDS FOR VOTER REGISTRATION AND SAMPLE BALLOTS.
(a) In General.--Section 301(20) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(20)) is amended--
(1) in subparagraph (A), by striking clause (i) and
redesignating clauses (ii) through (iv) as clauses (i) through
(iii); and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``subparagraph
(A)(i) or (ii)'' and inserting ``subparagraph (A)(i)'';
(B) by striking ``and'' at the end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting a semicolon; and
(D) by adding at the end the following new clauses:
``(v) voter registration activities; and
``(vi) the costs incurred with the
preparation of a sample ballot for an election
in which a candidate for Federal office and a
candidate for State or local office appears on
the ballot.''.
(b) Conforming Amendments.--(1) Section 304(f)(3)(B)(iv) of such
Act (2 U.S.C. 434(f)(3)(B)(iv)) is amended by striking ``section
301(20)(A)(iii)'' and inserting ``section 301(20)(A)(ii)''.
(2) Section 323 of such Act (2 U.S.C. 441i) is amended--
(A) in subsection (b)(2)(A), by striking ``clause (i) or
(ii)'' and inserting ``clause (i)'';
(B) in subsection (e)(4), by striking ``clauses (i) and
(ii)'' each place it appears in subparagraphs (A) and (B) and
inserting ``clause (i)''; and
(C) in subsection (f)(1), by striking ``section
301(20)(A)(iii)'' and inserting ``section 301(20)(A)(ii)''.
SEC. 13. CLARIFICATION OF AUTHORIZATION OF FEDERAL CANDIDATES AND
OFFICEHOLDERS TO ATTEND FUNDRAISING EVENTS FOR STATE OR
LOCAL POLITICAL PARTIES.
Section 323(e)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441i(e)(3)) is amended by striking ``speak,'' and inserting
``speak without restriction or regulation,''.
SEC. 14. MODIFICATION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Section 301(22) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the
following new sentence: ``Such term shall not include communications
over the Internet.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 15. TREATMENT OF CANDIDATE COMMUNICATIONS CONTAINING ENDORSEMENT
BY FEDERAL CANDIDATE OR OFFICEHOLDER.
(a) In General.--Section 315(a) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
``(9)(A) For purposes of paragraph (7)(C), a disbursement for an
electioneering communication which refers to a candidate for Federal
office shall not be treated as a disbursement which is coordinated with
such candidate solely on the ground that the communication contains a
State or local endorsement or (in the case of a communication
containing a State or local endorsement) that the candidate reviewed,
approved, or otherwise participated in the preparation and
dissemination of the communication.
``(B) In subparagraph (A), the term `State or local endorsement'
means, with respect to a candidate for Federal office--
``(i) an endorsement by such candidate of a candidate for
State or local office or of another candidate for Federal
office; or
``(ii) a statement of the position of such candidate on a
State or local ballot initiative or referendum.''.
(b) Conforming Amendment.--Section 315(a)(7)(C)(ii) of such Act (2
U.S.C. 441a(a)(7)(C)(ii)) is amended by striking ``such disbursement''
and inserting ``subject to paragraph (9), such disbursement''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 16. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions and amendments to any person or circumstance, shall not be
affected by the holding.
SEC. 17. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
take effect January 1, 2006. | 527 Fairness Act of 2005 - (Sec. 2) Amends the Federal Election Campaign Act of 1971 to repeal the aggregate limit on contributions by individuals.
Revises the rules for increased contributions limits regarding House and Senate candidates facing wealthy opponents, to apply to such contributions certain additional limits on the time period for accepting them, and their total amount, which are currently waived when such contributions are made under increased limits.
(Sec. 3) Repeals the limit on the amount of coordinated party expenditures on behalf of candidates in general elections.
(Sec. 4) Increases from $5,000 to $7,500 the limits on contributions to or by multicandiate political committees (PACs). Increases from $15,000 to $25,000 the limits on PAC contributions to national party committees.
(Sec. 5) Indexes for inflation all contribution limits for PACs and for state party committees.
(Sec. 6) Exempts from specified contribution limits (thus permitting) transfers to national party committees from leadership committees (leadership PACS, or political committees supporting but not authorized by an individual holding federal office).
(Sec. 7) Increases from $1,000 to $10,000 the threshold minimum per year of contributions and expenditures determining whether a political organization is required to register with and report to the Federal Election Commission (FEC) as a political committee.
(Sec. 8) Prohibits foreign nationals from making contributions and donations to "section 527 organizations." (A 527 organization, as defined by section 527 of the Internal Revenue Code, is an organization, not controlled by or involving a particular candidate for office, whose function is to influence or attempt to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization.)
(Sec. 9) Requires such organizations to submit reports to the FEC under such Act under the same terms and conditions, and at the same times, as federal political committees.
(Sec. 10) Repeals the prohibition (known as the Wellstone Amendment) against (thus permitting) expenditures for targeted electioneering communications by certain civic organizations, trade associations, and labor organizations.
(Sec. 11) Allows corporate and labor union PACs to solicit political contributions from members by communications of any sort (including fax machines or email; currently, only by mail). Repeals the requirement of prior written approval for solicitations of a restricted class by trade association PACs, and repeals the limitation of such solicitations to one trade association only.
(Sec. 12) Allows State and local political parties to use nonfederal funds for voter registration and sample ballots.
(Sec. 13) Modifies the authorization of federal candidates and officeholders attending fundraising events for state or local political parties to speak at such events. Allows such candidates and officeholders to speak without restriction.
(Sec. 14) Modifies the definition of public communication to exclude communications over the Internet from regulation under federal campaign finance laws.
(Sec. 15) Provides that a disbursement for an electioneering communication which refers to a candidate for federal office shall not be treated as a disbursement coordinated with such candidate (thus requiring payment with federal "hard" dollars) soley on the grounds that it contains a state or local endorsement, including endorsement of a position on a ballot initiative or referendum, or (in the case of a communication containing such an endorsement) that the candidate reviewed, approved, or otherwise participated in the preparation and dissemination of the communication. | To amend the Federal Election Campaign Act of 1971 to repeal the limit on the aggregate amount of campaign contributions that may be made by individuals during an election cycle, to repeal the limit on the amount of expenditures political parties may make on behalf of their candidates in general elections for Federal office, to allow State and local parties to make certain expenditures using nonfederal funds, to restore certain rights to exempt organizations under the Internal Revenue Code of 1986, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``New Mexico Forest
Health and Fire Prevention Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. New Mexico Program of Forest Health and Fire Prevention.
Sec. 5. Forest Health and Fire Protection Fund.
Sec. 6. Authorization of Appropriations.
Sec. 7. Audit Requirements.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The management of National Forest System lands in the
State of New Mexico must become proactive instead of passive or
delayed. The best proactive management approach to prevent
catastrophic fires would be to utilize the talents of local
communities for the process of thinning the forests. At the
same time, local communities will create businesses through
developing value-added products from the harvested wood.
(2) Increases in both the number and severity of wildfires
are occurring as a result of high tree densities, species
composition and structure that are outside the historic range
of variability. Fire disturbances contribute to significant
soil erosion, degradation of air and water quality, loss of
watershed values, loss of wildlife habitat and damage to other
forest resources.
(3) Serious destruction or degradation of important forest
resources occurs in all regions of New Mexico. The health of
the land is directly related to the economic health of the
communities it surrounds. Management activities of forests
should be designed to incorporate local communities in the
management process.
(4) The National Forest System lands in New Mexico are at
an unacceptable risk of destruction by catastrophic wildfire.
The condition of these forests can pose a significant threat of
destruction to human life and property as well as to the
habitat of fish, and wildlife (including threatened and
endangered species), public recreation areas, timber, watershed
and other important forest resources.
(5) Restoration and protection of important forest
resources require active forest management involving rural
communities who will integrate environmentally compatible
harvesting techniques and develop businesses which are operated
at the local level and driven by market forces.
(6) Many units of the National Forest System in New Mexico
have an increasing backlog of unfunded projects to restore and
protect degraded forest resources. Adequate funding, structured
so as to maximize allocation of monies on-the-ground projects,
is needed to address this backlog in an efficient, cost-
effective way.
(7) A comprehensive, Statewide effort is needed to restore
and protect important forest resources in an organized,
community wide, timely and scientific manner. There should be
immediate action to improve National Forest System lands in New
Mexico where serious resource degradation has been thoroughly
identified and assessed or where serious resource destruction
or degradation by natural disturbance is imminent.
(8) Inventory and analysis of the status and trends in the
fire conditions of forests and their resources are needed to
identify and reverse the destruction or degradation of
important forest resources in a timely and effective manner.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Federal forest lands.--The term ``Federal forest
lands'' means National Forest System lands located within the
State of New Mexico.
(2) Community.--The term ``community'' means a rural
community located within the uplands of New Mexico, which is
surrounded by, or adjacent to, Federal forest lands.
(3) Fund.--The terms ``Forest Health and Fire Prevention
Fund'' and ``Fund'' mean the fund established under section 5.
(4) Implementation date.--The term ``implementation date''
means January 15, 2000, or the first day of the 19th full month
following the date of the enactment of this Act, whichever is
later. However, if the implementation date under the second
option would occur within six months of the next January 15,
the Secretary may designate that January 15 as the
implementation date.
(5) Land management plan.--The term ``land management
plan'' means a land and resource management plan prepared by
the Forest Service pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604) for Federal forest lands under the jurisdiction of the
Secretary of Agriculture.
(6) New mexico program.--The term ``New Mexico Program''
means the program to restore and protect forest resources
located on Federal forest lands within New Mexico required by
section 4.
(7) Overhead expenses.--The terms ``overhead expenses'' and
``overhead'' mean the following:
(A) Common services and indirect expenses, as such
terms are defined by expense items 1-10 in Appendix E
of the United States Forest Service Forest Timber Cost
Efficiency Study Final Report, dated April 16, 1993
(pages 125-126).
(B) Direct and indirect general administration
expenses, as such terms are identified in Appendix D of
the United States Forest Service Management Program
Annual Report.
(C) Any other cost of line management or program
support that cannot be directly attributable to
specific projects or programs.
(8) Recovery area.--The term ``recovery area'' means an
area of Federal forest lands identified by the District 3
Regional Forester under section 4(c)--
(A) that has experienced small stand timber and
woody tree encroachment which will contribute
significantly to disturbances from wildfire; or
(B) in which the forest structure, function, or
composition has been altered so as to increase
substantially the likelihood of wildfire in the area
and the consequent risks of damage to soils, water
quality, watershed values, habitat and other forest
resources from wildfire.
(9) Recovery project.--The term ``recovery project'' means
a project designed by the District 3 Regional Forester to allow
communities to restore, or protect forest resources within an
identified recovery area, including thinning, salvage,
prescribed fire (after appropriate thinning), sanitation and
other insect and disease control, riparian and other habitat
improvement, soil stabilization and other water quality
improvement and protection.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 4. NEW MEXICO PROGRAM OF FOREST HEALTH AND FIRE PREVENTION.
(a) New Mexico Program Required.--Not later than the implementation
date, the District 3 Regional Forester shall commence a statewide
program to restore and protect forest resources located on Federal
forest lands within New Mexico through the performance of recovery
projects in identified recovery areas.
(b) Initial Implementation.--
(1) Initial project.--Not later than the implementation
date, the initial project under the New Mexico Program shall be
the thinning of Monument Canyon Research Natural Area located
near Jemez Springs, New Mexico, on the Santa Fe National
Forest, because this research area is representative of the
open Ponderosa Pine Forests typical of New Mexico. This
formally established research area exemplifies the situation
and research stated in the findings specified in section 2. The
research implementation will require treatments to reduce small
diameter trees. Monitoring of the treatments will be designed
by an assembled group of leading research scientists in the
southwest.
(2) Initial standards and guidelines.--The research
scientists located at the Monument Canyon Research Natural Area
will provide the initial project standards and guidelines.
(3) Monitoring.--Continued monitoring and information
transfer with the Monument Canyon Research Natural Area
scientists will provide the basis for modification of standards
and criteria for use with regard to other recovery projects.
(c) Identification of Recovery Areas.--
(1) Allocation of funds; identification and ranking of
recovery areas.--For each fiscal year during the New Mexico
Program, the Secretary shall allocate, in accordance with the
standards and criteria established and in effect for the New
Mexico Program, amounts from the Forest Health and Fire
Prevention Fund to Region 3 of the Forest Service for the
purpose of conducting recovery projects in identified recovery
areas. In making such allocations, the District 3 Regional
Forester shall--
(A) identify recovery areas within which allocated
amounts should be used to conduct recovery projects;
and
(B) prioritize recovery areas for the purpose of
their receiving allocated amounts.
(2) Authorized use of funds for 5-year project.--Amounts
allocated by the Secretary pursuant to paragraph (1) shall be
available, without further allocation by the Secretary, to
carry out and administer a 5-year recovery project.
(d) Selection of Recovery Projects.--
(1) Selection and final decision required.--The District 3
Regional Forester (or the designees of the regional forester)
shall select and render a final decision on the recovery
projects to be carried out within each identified recovery
area.
(2) Prohibited project locations.--The District 3 Regional
Forester (or the designees of the regional forester) shall not
select or implement a recovery project under the authority of
this Act in any of the following:
(A) Any unit of the National Wilderness
Preservation System or any roadless area on Federal
forest lands designated by Congress before the date of
the enactment of this Act for study for possible
inclusion in such system.
(B) Any riparian area, late successional reserve,
or old growth area, designated before the date of the
enactment of this Act by the applicable land management
plan, within which the implementation of recovery
projects is prohibited.
(C) Any other area, designated before the date of
the enactment of this Act by the applicable land
management plan, in which the implementation of
recovery projects is prohibited by law, a court order,
or the applicable land management plan.
(e) Requirements For Recovery Project Selection.--In selecting
recovery projects as required under subsection (d), the District 3
Regional Forester (or the designees of the regional forester) in New
Mexico shall--
(1) identify for each recovery project the total acreage
requiring treatment, the estimated cost of preparation and
implementation and the estimated project duration;
(2) ensure that the total acreage in a recovery area is not
less than the total acreage identified by the Secretary for
that recovery area;
(3) consider and make paramount the economic benefits to be
provided to local communities as a result of recovery project;
(4) ensure that each recovery project is consistent with
the land management plan, which may be modified as necessary,
applicable to the recovery area within which the recovery
project will be conducted; and
(5) ensure that each recovery project is designed to be
implemented in the most cost-effective manner reasonable to
ensure benefits to communities and successful forest recovery.
SEC. 5. FOREST HEALTH AND FIRE PREVENTION FUND.
(a) Establishment.--There is established on the books of the
Treasury a fund to be known as the ``Forest Health and Fire Prevention
Fund''. The Chief of the Forest Service shall be responsible for
administering the Fund.
(b) Credits to Fund.--There shall be credited to the fund the
following:
(1) Amounts authorized for and appropriated to the Fund.
(2) Unobligated amounts in the roads and trails fund
provided for in the fourteenth paragraph under the heading
``FOREST SERVICE'' of the Act of March 4, 1913 (37 Stat. 843;
16 U.S.C. 501) as of the date of the enactment of this Act, and
all amounts which would otherwise be deposited in such fund
after such date.
(3) The Federal share of revenues generated by recovery
projects undertaken pursuant to the New Mexico Program.
(c) Use of Fund.--During the time period specified under the Act,
amounts in the Fund shall be available to the District 3 Regional
Forester, without further appropriation, to carry out the New Mexico
program and to plan, carry out, and administer recovery projects.
(d) Limitation on Overhead Expenses.--The Secretary shall not
allocate or assign overhead expenses to the Fund or to any of the
activities or programs authorized by the Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized to be
appropriated $12,000,000 to carry out the provisions of the Act for the
fiscal year in which this Act is enacted and each fiscal year
thereafter through September 30, 2005, or September 30 of the 5th full
fiscal year following the implementation date, whichever is later.
(b) Deposit in Fund.--All sums appropriated pursuant to this
section shall be deposited in the Forest Health and Fire Prevention
Fund.
(c) Effect on Existing Projects.--Any contract regarding a recovery
project entered into before the end of the fiscal year specified in
subsection (a), and still in effect at the end of such fiscal year,
shall remain in effect until completed pursuant to the terms of the
contract.
SEC. 7. AUDIT REQUIREMENTS.
(a) New Mexico Program Audit.--The Comptroller General shall
conduct an audit of the New Mexico program at the end of the fourth
full fiscal year following the implementation date.
(b) Elements of Audit.--The audit under subsection (a) shall
include an analysis of at least the following:
(1) Whether the initial recovery project conducted under
section 4(b), the New Mexico Program, and the administration of
the Forest Health and Fire Prevention Fund were carried out in
a manner consistent with the provisions of this Act.
(2) The current and projected future financial status of
the Forest Health and Fire Prevention Fund.
(3) Any cost savings or efficiencies achieved under the New
Mexico Program. | New Mexico Forest Health and Fire Prevention of 1998 - Directs the District 3 Regional Forester of the State of New Mexico to commence a statewide program to restore and protect forest resources located on Federal forest lands within New Mexico through the performance of recovery projects in identified recovery areas.
Requires: (1) the initial project under such program to be the thinning of Monument Canyon Research Natural Area located near Jemez Springs, New Mexico, on the Santa Fe National Forest; and (2) the research scientists located at such Area to provide the initial project standards and guidelines.
Directs the Secretary of Agriculture, for each fiscal year of the New Mexico program, to allocate amounts from the Forest Health and Fire Prevention Fund (to be established under this Act) to Region 3 of the Forest Service for the purpose of conducting five-year recovery projects in identified recovery areas. Requires the District 3 Regional Forester to: (1) identify recovery areas within which allocated amounts should be used to conduct such projects; (2) prioritize such areas for the purpose of their receiving allocated amounts; and (3) select, in accordance with specified requirements, projects to be carried out within each area. Prohibits the selection or implementation of a project in specified locations, including units of the National Wilderness Preservation System.
Credits to the Fund: (1) authorized and appropriated amounts; (2) unobligated amounts in, or that would otherwise be deposited in, the roads and trails fund; and (3) the Federal share of revenues generated by recovery projects undertaken pursuant to the Program.
Authorizes appropriations.
Directs the Comptroller General to conduct a specified audit of the program at the end of the fourth full fiscal year following the implementation date. | New Mexico Forest Health and Fire Prevention Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy and Water Research
Integration Act of 2012''.
SEC. 2. INTEGRATING ENERGY AND WATER RESEARCH.
(a) In General.--The Secretary of Energy shall integrate water
considerations into energy research, development, and demonstration
programs and projects of the Department of Energy by--
(1) advancing energy and energy efficiency technologies and
practices that meet the objectives of--
(A) minimizing freshwater withdrawal and
consumption;
(B) increasing water use efficiency; and
(C) utilizing nontraditional water sources with
efforts to improve the quality of the water from those
sources;
(2) considering the effects climate variability and change
may have on water supplies and quality for energy generation
and fuel production; and
(3) improving understanding of the energy-water nexus.
(b) Strategic Plan.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop a strategic
plan identifying the research, development, and demonstration
needs for Department programs and projects to carry out
subsection (a). The strategic plan shall include technical
milestones for achieving and assessing progress toward the
objectives of subsection (a)(1).
(2) Specific considerations.--In developing the strategic
plan, the Secretary shall consider--
(A) new advanced cooling technologies for energy
generation and fuel production technologies;
(B) performance improvement of existing cooling
technologies and cost reductions associated with using
those technologies;
(C) innovative water reuse, recovery, and treatment
technologies in energy generation and fuel production;
(D) technology development for carbon capture and
storage systems that utilize efficient water use design
strategies;
(E) technologies that are life-cycle cost
effective;
(F) systems analysis and modeling of issues
relating to the energy-water nexus;
(G) technologies to treat and utilize wastewater
and produced waters discharged from oil, natural gas,
coalbed methane, and any other substance to be used as
an energy source;
(H) advanced materials for the use of
nontraditional water sources for energy generation and
fuel production;
(I) biomass production and utilization and the
impact on hydrologic systems;
(J) technologies that reduce impacts on water from
energy resource development;
(K) energy efficient technologies for water
distribution and collection systems;
(L) technologies for energy generation from water
distribution and collection systems; and
(M) any other area of the energy-water nexus that
the Secretary considers appropriate.
(3) Collaboration and nonduplication.--In developing the
strategic plan, the Secretary shall coordinate and avoid
duplication--
(A) with other Federal agencies operating related
programs, if appropriate; and
(B) across programs and projects of the Department,
including with those of the National Laboratories.
(4) Relevant information and recommendations.--In
developing the strategic plan, the Secretary shall consider and
incorporate, as appropriate, relevant information and
recommendations, including those of the National Water
Availability and Use Assessment Program under section 9508(d)
of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10368(d)).
(5) Nongovernmental participation.--In developing the
strategic plan, the Secretary shall consult and coordinate with
a diverse group of representatives from research and academic
institutions and industry who have expertise in technologies
and practices relating to the energy-water nexus.
(6) Submission to congress.--Not later than 9 months after
the date of enactment of this Act, the Secretary shall submit
to Congress the strategic plan.
(7) Updating the strategic plan.--Not later than 3 years
after the date of enactment of this Act, and at least once
every 5 years thereafter, the Secretary shall--
(A) utilize relevant information produced by
Federal Government agencies, academia, and industry to
update the strategic plan;
(B) include in the updated strategic plan a
description of the changes from the previous strategic
plan and the rationale for such changes; and
(C) submit the updated strategic plan to Congress.
(c) Progress Reports.--Not less frequently than once every 2 years,
the Secretary shall transmit to Congress a report on the progress the
Department has made toward the milestones outlined in the strategic
plan.
(d) Additional Activities.--The Secretary may provide for such
additional research, development, and demonstration activities as
appropriate to integrate water considerations into the research,
development, and demonstration activities of the Department as
described in subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $60,000,000
for each of the fiscal years 2013 through 2017.
SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL.
(a) In General.--The Secretary, in coordination with other relevant
Federal agencies, shall establish an Energy-Water Architecture Council
to promote and enable improved energy and water resource data
collection, reporting, and technological innovation. The Council shall
consist of--
(1) representation from each Federal agency that conducts
research related to the energy-water nexus; and
(2) non-Federal members, including representatives of
research and academic institutions and industry, who have
expertise in technologies and practices relating to the energy-
water nexus.
(b) Functions.--The Council shall--
(1) make recommendations on the development of data
collection and data communication standards and protocols to
agencies and entities currently engaged in collecting the data
for the energy-water nexus;
(2) recommend ways to make improvements to Federal water
use data to increase understanding of trends in energy
generation and fuel production;
(3) recommend best practices for utilizing information from
existing monitoring networks to provide nationally uniform
water and energy use and infrastructure data; and
(4) conduct annual technical workshops, including at least
1 regional workshop annually, to facilitate information
exchange among Federal, regional, State, local, and tribal
governments and private sector experts on technologies that
encourage the conservation and efficient use of water and
energy.
(c) Reports.--Not later than 1 year after the date of enactment of
this Act, and at least once every 2 years thereafter, the Council,
through the Secretary, shall transmit to Congress a report on its
findings and activities under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $2,000,000
for each of the fiscal years 2013 through 2017.
SEC. 4. MANDATES.
Nothing in this Act shall be construed to require State, tribal, or
local governments to take any action that may result in an increased
financial burden to such governments by restricting the use of water by
such governments.
SEC. 5. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Secretary shall coordinate
activities under this Act with other programs of the Department and
other Federal research programs.
SEC. 6. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Energy-Water
Architecture Council established by section 3(a).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Energy-water nexus.--The term ``energy-water nexus''
means the energy required to provide reliable water supplies
and the water required to provide reliable energy supplies
throughout the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy. | Energy and Water Research Integration Act of 2012 - Directs the Secretary of Energy to integrate water considerations into energy research, development, and demonstration programs and projects of the Department of Energy (DOE), to: (1) advance energy and energy efficiency technologies and practices that meet the objectives of minimizing freshwater withdrawal and consumption, increasing water use efficiency, and utilizing nontraditional water sources with efforts to improve the quality of water from those sources; (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States (energy-water nexus). Requires the Secretary to develop, submit to Congress within nine months, and update every three years a Strategic Plan identifying the research, development, and demonstration needs of such programs and projects.
Requires the Secretary, in developing such Plan, to consider and incorporate relevant information and recommendations, including those of the National Water Availability and Use Assessment Program.
Directs the Secretary, in coordination with other relevant federal agencies, to establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Requires the Council to: (1) make recommendations on the development of data collection and communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy-water nexus, (2) recommend ways to make improvements to federal water use data to increase understanding of trends in energy generation and fuel production, (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data, and (4) conduct annual technical workshops to facilitate information exchange among experts on technologies that encourage the conservation and efficient use of water and energy.
Provides that nothing in this Act shall be construed to require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use. | To ensure consideration of water intensity in the Department of Energy's energy research, development, and demonstration programs to help guarantee efficient, reliable, and sustainable delivery of energy and clean water resources. |
SECTION 1. SHORT TITLE.
This subtitle may be cited as the ``Small Business Development
Centers Improvement Act of 2018''.
SEC. 2. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following new
section:
``SEC. 47. USE OF AUTHORIZED ENTREPRENEURIAL DEVELOPMENT PROGRAMS.
``(a) Expanded Support for Entrepreneurs.--
``(1) In general.--Notwithstanding any other provision of
law, the Administrator shall only deliver entrepreneurial
development services, entrepreneurial education, support for
the development and maintenance of clusters, or business
training through a program authorized under--
``(A) section 7(j), 7(m), 8(a), 8(b)(1), 21, 22,
29, or 32 of this Act; or
``(B) sections 358 or 389 of the Small Business
Investment Act of 1958.
``(2) Exception.--This section shall not apply to services
provided to assist small business concerns owned by an Indian
tribe (as such term is defined in section 8(a)(13)).
``(b) Annual Report.--Beginning on the first December 1 after the
date of the enactment of this subsection, the Administrator shall
annually report to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on all entrepreneurial development
activities undertaken in the current fiscal year through a program
described in subsection (a). Such report shall include--
``(1) a description and operating details for each program
and activity;
``(2) operating circulars, manuals, and standard operating
procedures for each program and activity;
``(3) a description of the process used to award grants
under each program and activity;
``(4) a list of all awardees, contractors, and vendors
(including organization name and location) and the amount of
awards for the current fiscal year for each program and
activity;
``(5) the amount of funding obligated for the current
fiscal year for each program and activity; and
``(6) the names and titles for those individuals
responsible for each program and activity.''.
SEC. 3. MARKETING OF SERVICES.
Section 21 of the Small Business Act (15 U.S.C. 648) is amended by
adding at the end the following:
``(o) No Prohibition of Marketing of Services.--The Administrator
shall not prohibit applicants receiving grants under this section from
marketing and advertising their services to individuals and small
business concerns.''.
SEC. 4. DATA COLLECTION.
(a) In General.--Section 21(a)(3)(A) of the Small Business Act (15
U.S.C. 648(a)(3)(A)) is amended--
(1) by striking ``as provided in this section and'' and
inserting ``as provided in this section,''; and
(2) by inserting before the period at the end the
following: ``, and (iv) governing data collection activities
related to applicants receiving grants under this section''.
(b) Annual Report on Data Collection.--Section 21 of the Small
Business Act (15 U.S.C. 648), as amended by section 3 of this Act, is
further amended by adding at the end the following:
``(p) Annual Report on Data Collection.--The Administrator shall
report annually to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate on any data collection activities
related to the Small Business Development Center Program.''.
(c) Working Group To Improve Data Collection.--
(1) Establishment and study.--The Administrator of the
Small Business Administration shall establish a group to be
known as the ``Data Collection Working Group'' consisting of
members from entrepreneurial development grant recipients
associations and organizations and officials from the Small
Business Administration, to carry out a study to determine the
best way to capture data collection and create or revise
existing systems dedicated to data collection.
(2) Report.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the Data
Collection Working Group shall issue a report to the Committee
on Small Business of the House of Representatives and the
Committee on Small Business and Entrepreneurship of the Senate
containing the findings and determinations made in carrying out
the study required under paragraph (1), including--
(A) recommendations for revising existing data
collection practices; and
(B) a proposed plan for the Small Business
Administration to implement such recommendations.
SEC. 5. FEES FROM PRIVATE PARTNERSHIPS AND COSPONSORSHIPS.
Section 21(a)(3) of the Small Business Act (15 U.S.C.
648(a)(3)(C)), as amended by section 4, is further amended by adding at
the end the following:
``(D) Fees From Private Partnerships and Cosponsorships.--A small
business development center that participates in a private partnership
or cosponsorship with the Administration shall not be prohibited from
collecting fees or other income related to the operation of such a
private partnership or cosponsorship.''.
SEC. 6. EQUITY FOR SMALL BUSINESS DEVELOPMENT CENTERS.
Subclause (I) of section 21(a)(4)(C)(v) of the Small Business Act
(15 U.S.C. 648(a)(4)(C)(v)) is amended to read as follows:
``(I) In general.--Of the amounts
made available in any fiscal year to
carry out this section, not more than
$600,000 may be used by the
Administration to pay expenses
enumerated in subparagraphs (B) through
(D) of section 20(a)(1).''.
SEC. 7. CONFIDENTIALITY REQUIREMENTS.
Section 21(a)(7)(A) of the Small Business Act (15 U.S.C.
648(a)(7)(A)) is amended by inserting after ``under this section'' the
following: ``to any State, local, or Federal agency, or to any third
party''.
SEC. 8. LIMITATION ON AWARD OF GRANTS TO SMALL BUSINESS DEVELOPMENT
CENTERS.
(a) In General.--Section 21 of the Small Business Act (15 U.S.C.
648), as amended by section 4, is further amended--
(1) in subsection (a)(1), by striking ``any women's
business center operating pursuant to section 29,''; and
(2) by adding at the end the following:
``(q) Limitation on Award of Grants.--Except for not-for-profit
institutions of higher education, and notwithstanding any other
provision of law, the Administrator may not award grants (including
contracts and cooperative agreements) under this section to any entity
other than those that received grants (including contracts and
cooperative agreements) under this section prior to the date of the
enactment of this subsection, and that seek to renew such grants
(including contracts and cooperative agreements) after such date.''.
(b) Rule of Construction.--The amendments made by this section may
not be construed as prohibiting a women's business center (as described
under section 29 of the Small Business Act (15 U.S.C. 656)) from
receiving a subgrant from an entity receiving a grant under section 21
of the Small Business Act (15 U.S.C. 648).
Passed the House of Representatives May 8, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Small Business Development Centers Improvement Act of 2017 This bill amends the Small Business Act with respect to the authority of the Small Business Administration (SBA) to use certain SBA programs, including the small business development center (SBDC) program, to provide grants, financial assistance, loans, export assistance, and subcontracting opportunities on federal contracts to specified small businesses, organizations, state governments, universities, companies, and other entities that assist smaller enterprises. The SBA shall use such programs only to deliver entrepreneurial development services, entrepreneurial education, support for the development and maintenance of clusters, or business training. Such program requirements shall not apply to services provided to assist small businesses owned by an Indian tribe. The SBA shall not prohibit SBDC grant recipients from marketing and advertising their services to individuals and small business concerns. The SBA shall establish a Data Collection Working Group to determine the best way to capture data collection and create or revise existing systems dedicated to data collection. The bill: (1) increases the portion of certain available funds the SBA may use to pay the expenses of the National Small Business Development Center Advisory Board, the information sharing system, and the SBDC association for conducting an SBCD accreditation program; and (2) removes a limitation on the amount the SBA may use to pay the examination expenses of the SBDC accreditation program. The SBA may not award grants (including contracts and cooperative agreements) under the SBDC program to entities other than those that received them before September 30, 2015, and seek to renew them after that date, with an exception for not-for-profit institutions of higher education. | Small Business Development Centers Improvement Act of 2018 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safety Assurance
For Every Consumer Product Act'' or the ``SAFE Consumer Product Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Definition of children's product.
Sec. 4. Product testing requirements.
Sec. 5. Product recall authority, and inspection authority.
Sec. 6. Civil and criminal penalties.
Sec. 7. Expedited disclosure.
Sec. 8. Ban on children's products containing lead.
Sec. 9. Consumer product registration forms.
Sec. 10. Internet advertising requirement of certain children's
products.
Sec. 11. Commission procedures.
Sec. 12. Preemption.
Sec. 13. Authorization of Appropriations.
Sec. 14. Reports to Congress.
SEC. 2. REFERENCES.
Wherever in this Act an amendment is expressed in terms of an
amendment to a section or other provision, the reference shall be
considered to be made to a section or other provision of the Consumer
Product Safety Act (15 U.S.C. 2051 et seq.).
SEC. 3. DEFINITION OF CHILDREN'S PRODUCT.
As used in this Act, the term ``children's product'' means a toy or
other article intended for use by a child under 12 years of age that is
introduced into the interstate stream of commerce. In determining
whether a toy or article is intended for use by a child under 12 years
of age, the following factors shall be considered:
(1) A statement by a manufacturer about the intended use of
such toy or article, including a label on such toy or article,
if such statement is reasonable.
(2) The context and manner of the advertising, promotion,
and marketing associated with the toy or article.
(3) Whether the toy or article is commonly recognized by
consumers as being intended for use by a child under 12 years
of age.
(4) The Age Determination Guidelines issued by the Consumer
Product Safety Commission in September 2002, and any subsequent
version of such Guidelines.
SEC. 4. PRODUCT TESTING REQUIREMENTS.
(a) Mandatory and Third-Party Testing.--Section 14(b) (15 U.S.C.
2063(b)) is amended--
(1) by striking ``The Commission may'' and inserting ``(1)
The Commission shall'';
(2) by designating the second sentence as paragraph (2) and
indenting the margin of such paragraph, as so designated, 2 ems
from the left margin;
(3) in paragraph (2), as so designated, by striking ``Any
test or'' and inserting ``Except as provided in paragraph (3),
any test or''; and
(4) by adding at the end the following:
``(3) In the case of a children's product, any test or
testing program on the basis of which a certificate is issued
under subsection (a)(2) shall be conducted by a nongovernmental
independent third party qualified to perform such tests or
testing programs.''.
(b) Definition of Children's Products and Independent Third
Party.--Section 14 (15 U.S.C. 2063) is amended by adding at the end the
following:
``(d) Definitions.--In this section:
``(1) The term `children's product' means a toy or other
article intended for use by a child under 12 years of age that
is introduced into the interstate stream of commerce. In
determining whether a toy or article is intended for use by a
child under 12 years of age, the following factors shall be
considered:
``(A) A statement by a manufacturer about the
intended use of such toy or article, including a label
on such toy or article, if such statement is
reasonable.
``(B) The context and manner of the advertising,
promotion, and marketing associated with the toy or
article.
``(C) Whether the toy or article is commonly
recognized by consumers as being intended for use by a
child under 12 years of age.
``(D) The Age Determination Guidelines issued by
the Consumer Product Safety Commission in September
2002 and any subsequent version of such Guidelines.
``(2) The term `independent third party', with respect to a
testing entity, means an independent testing entity that is
physically separate from any manufacturer or private labeler
whose product will be tested by such entity, and is not owned,
managed, controlled, or directed by such manufacturer or
private labeler, and that is accredited in accordance with an
accreditation process established by the Commission.''.
SEC. 5. PRODUCT RECALL AUTHORITY, AND INSPECTION AUTHORITY.
(a) Commission Recall Authority.--Section 15 (15 U.S.C. 2064) is
amended--
(1) by amending subsection (c) to read as follows:
``(c) On receiving notification under subsection (b) or by other
means, if the Commission determines that a consumer product contains a
defect which could create a substantial product hazard, the Commission
may order the manufacturer or any distributor or retailer of the
product to take any one or more of the following actions:
``(1) To cease distribution of the product.
``(2) To notify all persons that transport, store,
distribute, or otherwise handle the product, or to which the
product has been transported, sold, distributed, or otherwise
handled, to cease immediately distribution of the product.
``(3) To immediately provide notice to the public of the
product defect.
``(4) To notify appropriate State and local public health
officials.
``(5) To provide notice to all consumers to whom the
product was, or may have been, distributed.
``(6) To recall the product and take such further action
under subsection (d).'';
(2) in subsection (d), by striking ``An order under this
subsection may also require'' and inserting ``An order under
this subsection shall also require'';
(3) by amending subsection (f) to read as follows:
``(f)(1) The Commission shall provide a person subject to an order
under subsection (c) with an opportunity for an informal hearing (in
accordance with such rules or regulations as the Commission shall
prescribe) on--
``(A) the actions required by the order; and
``(B) any reasons why the product that is the subject of
the order should not be recalled or notice required under such
order should not be provided.
The Commission shall hold such hearing as soon as practicable, but not
later than 2 business days, after the date of issuance of the order
under subsection (c).
``(2) After providing an opportunity for an informal hearing under
this subsection, the Commission may, as the Commission determines to be
necessary, amend the order issued under subsection (c)--
``(A) to specify a timetable during which the recall shall
occur; or
``(B) to require periodic reports to the Commission
describing the progress of the recall.
``(3) If, after providing an opportunity for an informal hearing
under this subsection, the Commission determines that adequate grounds
do not exist to continue the actions required by the order, the
Commission shall vacate the order.''; and
(4) by adding at the end the following:
``(h) Remedies Not Exclusive.--The remedies authorized by this
section shall be in addition to any other remedies that may be
available.''.
(b) Retail Sale of Recalled Product Prohibited.--Section 19(a) (15
U.S.C. 2068(a)) is amended--
(1) in paragraph (7), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (8), by striking ``; or'' and inserting a
semicolon;
(3) in paragraph (9), by striking the period and inserting
a semicolon;
(4) in paragraph (10), by striking the period and inserting
``; or''; and
(5) by adding at the end the following:
``(11) to sell any consumer product at retail if such
person knows that such product is the subject of a recall order
issued by the manufacturer, the Commission, or a court.''.
(c) Authority of Commission To Inspect Retailers.--Section 16(a)(1)
(15 U.S.C. 2065(a)(1)) is amended--
(1) by inserting ``, retail store'' after ``warehouse'';
and
(2) by striking ``or held'' and inserting ``held, or
sold''.
(d) Tracking Labels for Children's Products.--Section 14 (15 U.S.C.
2063) is further amended by adding at the end thereof the following:
``(e) The manufacturer of a children's product or other consumer
product (as may be required by the Commission in its discretion after a
rulemaking proceeding) shall place distinguishing marks on the product
or its packaging that will enable the ultimate purchaser to ascertain
the source, date, and cohort (including the batch, run number, or other
identifying characteristic) of production of the product by reference
to those marks.''.
SEC. 6. CIVIL AND CRIMINAL PENALTIES.
(a) Civil Penalties.--
(1) Maximum penalty determined by the commission.--Section
20(a)(1) (15 U.S.C. 2069(a)(1)) is amended by striking ``,
except that the maximum civil penalty shall not exceed
$1,250,000 for any related series of violations.'' and
inserting ``. The maximum civil penalty for any related series
of violations shall be determined by the Commission taking into
consideration the factors described in subsection (b).''.
(2) Factors to be considered.--Section 20(b) (15 U.S.C.
2069(b)) is amended by inserting ``, among other factors,''
after ``shall consider''.
(b) Criminal Penalties.--Section 21 (15 U.S.C. 2070) is amended--
(1) in subsection (a), by striking ``after having received
notice of noncompliance from the Commission''; and
(2) in subsection (b), by striking ``and who has knowledge
of notice of noncompliance received by the corporation from the
Commission,''.
SEC. 7. EXPEDITED DISCLOSURE.
(a) Reduced Period of Notice to Manufacturers and Private Labelers
Prior to Public Disclosure.--Section 6(b) (15 U.S.C. 2055(b)) is
amended in the first sentence, by striking ``30 days'' and inserting
``10 days''.
(b) Website Notice Requirement.--Section 15 (15 U.S.C. 2064) is
further amended by adding at the end the following:
``(k) Website Notice.--Any person required to give public notice
under this section, or subject to an order issued under subsection (c)
or (d) shall post, in a prominent location on such person's Internet
website (if such person maintains an Internet website), a notice
regarding the product or product that is the subject of such an
order.''.
SEC. 8. BAN ON CHILDREN'S PRODUCTS CONTAINING LEAD.
(a) Banned Hazardous Substances.--Effective 6 months after the date
of enactment of this Act, any children's product containing more than
40 parts per million lead shall be a banned hazardous substance within
the meaning of section 2(q)(1) of the Federal Hazardous Substances Act
(15 U.S.C. 1261(q)(1)).
(b) Certain Electronic Devices.--If the Consumer Product Safety
Commission determines that it is not feasible for certain electronic
devices to comply with such regulations at the time the regulations
shall take effect, the Commission shall, by regulation--
(1) issue standards to reduce the exposure of and
accessibility to lead in such electronic devices; and
(2) establish a schedule by which such electronic devices
shall be in full compliance with the regulations prescribed
under subsection (a).
SEC. 9. CONSUMER PRODUCT REGISTRATION FORMS.
(a) Authority To Require.--Not later than 270 days after the date
of enactment of this Act, the Consumer Product Safety Commission shall,
pursuant to its authority under section 16(b) of the Consumer Product
Safety Act (15 U.S.C. 2065(b)), promulgate a consumer product safety
rule to require manufacturers of any children's product that is subject
to a consumer product safety standard or voluntary consumer product
safety standard--
(1) to provide consumers with a postage-paid consumer
registration form with each such product;
(2) to maintain a record of the names, addresses, e-mail
addresses, and other contact information of consumers who
register their ownership of such products with the manufacturer
in order to improve the effectiveness of manufacturer campaigns
to recall such products; and
(3) to permanently place the manufacturer name and contact
information, model name and number, and the date of manufacture
on each such product.
The Commission may, by rule, extend the registration requirement under
this subsection to consumer products other than children's products
that are subject to a consumer product safety rule or voluntary
standard.
(b) Requirements for Registration Form.--For any case in which the
Commission requires product registration forms under subsection (a),
such forms shall--
(1) include spaces for a consumer to provide their name,
address, telephone number, and e-mail address;
(2) include space sufficiently large to permit easy,
legible recording of all desired information;
(3) be attached to the surface of each product so that, as
a practical matter, the consumer must notice and handle the
form after purchasing the product;
(4) include the manufacturer's name, model name and number
for the product, and the date of manufacture;
(5) include a message explaining the purpose of the
registration and designed to encourage consumers to complete
the registration;
(6) include an option for consumers to register through the
Internet; and
(7) include a statement that information provided by the
consumer shall not be used for any purpose other than to
facilitate a recall of or safety alert regarding that product.
In issuing regulations under this section, the Commission may prescribe
the exact text and format of the required registration form.
(c) Record Keeping and Notification Requirements.--Any rule
promulgated under subsection (a) shall require each manufacturer to
maintain a record of registrants for each product manufactured that
includes all of the information provided by each consumer registered,
and to use such information to notify such consumers in the event of a
voluntary or involuntary recall of or safety alert regarding such
product. Each manufacturer shall maintain such a record for a period of
not less than 6 years after the date of manufacture of the product.
Consumer information collected by a manufacturer under this Act may not
be used by the manufacturer, nor disseminated by such manufacturer to
any other party, for any purpose other than notification to such
consumer in the event of a product recall or safety alert.
(d) Study.--The Commission shall conduct a study at such time as it
considers appropriate on the effectiveness of the consumer registration
forms in facilitating product recalls. Not later than 4 years after the
date of enactment of this Act, the Commission shall report its findings
to Congress.
SEC. 10. INTERNET ADVERTISING REQUIREMENT OF CERTAIN CHILDREN'S
PRODUCTS.
(a) Requirement.--Effective 3 months after the date of enactment of
this Act, any Internet advertisement for a children's product that is
required by a consumer product safety rule to carry a warning label
shall include such warning label in a clear and conspicuous location on
such Internet advertisement.
(b) Enforcement as Consumer Product Safety Rule.--A violation of
subsection (a) shall be treated as a violation of a consumer product
safety rule promulgated under section 7 of the Consumer Product Safety
Act (15 U.S.C. 2056).
SEC. 11. COMMISSION PROCEDURES.
(a) Repeal of Quorum Requirement for Commission Action.--Section
4(d) (15 U.S.C. 2053(d)) is amended by striking ``, but three'' and all
that follows through ``to decline to two'' and inserting ``if an action
by the Commission is necessary in the public interest and the
Commission transmits to Congress its reasons for such an action''.
(b) Notice of Rulemaking.--Section 9(a) (15 U.S.C. 2058(a)) is
amended by inserting ``or notice of proposed rulemaking'' after
``advanced notice of proposed rulemaking''.
(c) Sense of Congress Regarding Commission Vacancies.--It is the
sense of Congress that--
(1) in order for the Consumer Product Safety Commission to
function effectively and carry out the purposes for which the
Consumer Product Safety Act was enacted, it is necessary for
the full complement of 5 members of the Commission to serve and
participate in the business of the Commission; and
(2) the President should nominate members to fill any
vacancy in the membership of the Commission as expeditiously as
practicable.
SEC. 12. PREEMPTION.
Section 26 (15 U.S.C. 2075) is amended--
(1) in subsection (a), by striking ``Whenever'' and
inserting ``Except as provided in subsections (c) and (d),
whenever''; and
(2) by adding at the end thereof the following:
``(d) No consumer product safety standard promulgated by the
Commission after the date of enactment of the Safety Assurance for
Every Consumer Product Act, or any other action taken by the Commission
after that date, shall contain a preemption provision which affects any
action for damages or the liability of any person for damages under the
statutory law or the common law of any State, unless such provision is
expressly authorized by statute.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 32(a) (15 U.S.C. 2081(a)) is amended by striking paragraphs
(1) and (2) and inserting the following:
``(1) $75,600,000 for fiscal year 2008;
``(2) $87,950,000 for fiscal year 2009;
``(3) $100,300,000 for fiscal year 2010;
``(4) $112,650,000 for fiscal year 2011; and
``(5) $125,000,000 for fiscal year 2012.''.
SEC. 14. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act and
each year thereafter, the Consumer Product Safety Commission shall
transmit a report to Congress that contains the following:
(1) A description of actions taken by the Commission with
regard to consumer products not in conformity with consumer
product safety standards or voluntary standards recognized by
the Commission.
(2) A description of consumer products that were the
subject of a recall during the preceding year, including the
number and type of products.
(3) An analysis of the effectiveness of the efforts to
recall consumer products conducted by the Commission or by a
manufacturer during the preceding year, including the number of
products subject to the recall that were returned to the
manufacturer. | Safety Assurance For Every Consumer Product Act or the SAFE Consumer Product Act - Amends the Consumer Product Safety Act to require (in current law, authorize) the Consumer Product Safety Commission (CPSC) to prescribe consumer product testing programs. Requires nongovernmental, independent third party testing of children's products.
Increases the actions the CPSC may take in ordering recalls of products presenting substantial hazards. Makes recalled product retail sale unlawful.
Requires manufacturers to mark products or packaging to enable purchasers to determine the product's source, date, and production cohort.
Removes the cap on Consumer Product Safety Act civil penalties. Removes a requirement that criminal penalties may only be imposed after noncompliance notice.
Reduces the period after CPSC notification to manufacturers and private labelers before public disclosure of information obtained under the Act.
Requires any person who must give public notice of a substantial product hazard to post a notice on the Internet.
Declares any children's product containing more than a specified amount of lead to be a banned hazardous substance under the Federal Hazardous Substances Act, allowing a temporary exception for electronic devices.
Requires certain actions to facilitate recalls of children's products and authorizes the CPSC to extend the requirements to consumer products other than children's products.
Requires children's product's warning labels to be included in Internet advertisements.
Removes provisions requiring a minimum number of CPSC members to transact business.
Modifies rulemaking notice requirements.
Declares the sense of Congress that the full complement of five CPSC members is necessary to conduct CPSC business and the President should fill vacancies expeditiously.
Prohibits any consumer product safety standard or other CPSC action after enactment of this Act from containing a preemption provision which affects any action under state statutory or common law unless the provision is expressly authorized by statute. | To reauthorize and improve the Consumer Product Safety Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Mine Safety and Health Act
of 2006''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the Mine Safety and Health
Administration should strictly enforce mine health and safety standards
as required under the Federal Mine Safety and Health Act of 1977 (30
U.S.C. 801 et seq.).
SEC. 3. ENHANCED UNDERGROUND COAL MINE SAFETY STANDARDS.
(a) Notification.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall revise the
regulations prescribed pursuant to section 101 of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 811) to require that the
operator of each coal mine expeditiously provide notification of any
accident where rescue and recovery work is necessary. The Secretary
shall take such steps as are necessary to ensure that a system is in
place within the Mine Health and Safety Administration to immediately
receive such notification.
(b) Rapid Emergency Response.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Labor shall revise the
regulations prescribed pursuant to section 115(e) of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 825(e)) regarding mine rescue
teams. Such regulations--
(1) shall address the efficacy and adequacy of--
(A) training and qualifications for rescue team
members;
(B) the equipment and technology used in mine
rescue, including refuge chambers and other rescue
alternatives;
(C) the structure and organization of rescue teams,
including the number of team members and the procedural
rules for the use of teams, including contractor teams;
and
(D) the guidelines addressing the potential
liability of and insurance issues relating to rescue
teams; and
(2) shall require--
(A) that the operator of each coal mine maintain
mine rescue teams whose members--
(i) are employed by such operator and who
are familiar with the workings of such coal
mine; and
(ii) shall be available at such coal mine
for rescue and recovery work to provide an
immediate and rapid response to an emergency;
and
(B) that the operator of each coal mine have in
place a plan for coordination and communication between
the operator and mine rescue teams and local emergency
response personnel, and that such local personnel be
eligible to receive appropriate training in order to be
familiar with mine rescue and recovery work.
(c) Emergency Air and Communications Equipment.--Not later than 90
days after the date of enactment of this Act, the Secretary of Labor
shall prescribe regulations as authorized by section 315 of the Federal
Mine Safety and Health Act of 1977 (30 U.S.C. 825(e)). Such regulations
shall require that each coal mine maintain at strategic locations
within each mine, the following:
(1) Emergency supplies of air and self-contained breathing
equipment for persons awaiting rescue due to an emergency
within the mine. Such equipment shall be sufficient to maintain
such persons for a sustained period of time and shall be in
addition to the self-rescue devices referred to in section 317
of that Act (30 U.S.C. 877(n)).
(2) Independent means of communication with the surface for
persons awaiting rescue at such locations, including secondary
telephone or equivalent two-way communications facilities to
the surface.
(d) Emergency Tracking and Communications Equipment.--Not later
than 90 days after the date of enactment of this Act, the Secretary of
Labor shall prescribe regulations to require each operator of a coal
mine to implement a communication and electronic tracking system to
assist in rescue and recovery work of persons awaiting rescue due to an
emergency within the coal mine. Such regulations shall require that
each person who enters a coal mine to be equipped with--
(1) a portable communications device calibrated to
communicate with both the surface and to rescue personnel; and
(2) an electronic tracking device permitting persons on the
surface and rescue personnel to determine the exact location of
each such person within the mine.
(e) Prohibited Practices.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall revise the
regulations prescribed pursuant to section 303(y) of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 863(y)) to require, in any
coal mine, regardless of the date on which it was opened, that belt
haulage entries not be used to ventilate active working places.
SEC. 4. INCREASED PENALTIES FOR HABITUAL VIOLATORS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Labor shall prescribe regulations--
(1) to establish that no civil penalty less than $10,000
shall be assessed pursuant to section 110 of the Federal Mine
Safety and Health Act of 1977 (30 U.S.C. 820) for a violation
which occurs of a mandatory health or safety standard where the
operator displays negligence or reckless disregard of such
standard; and
(2) to provide for a civil penalty of up to $100,000 for an
operator who fails to comply with section 3(a) of this Act.
SEC. 5. TECHNOLOGICAL TRANSFER AND APPLICATION.
(a) Office of Science and Technology Transfer.--The Secretary of
Labor shall establish within the Mine Safety and Health Administration
an Office of Science and Technology Transfer for the purposes of
conducting research and development to apply advancing sciences and
technologies to underground coal mine and coal miner health and safety.
Such Office shall consult with other Federal agencies, as appropriate
and on a regular basis, in order to stay informed of the latest
technologies that are available to ensure coal miner health and safety.
(b) Periodic Review and Application.--The Secretary of Labor shall,
on a periodic basis, review the underground coal mine health and safety
standards for possible revision with regard to advancing sciences and
technologies, and shall, on a periodic basis, revise such standards to
require the implementation of such technologies.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary for the purposes of
implementing this section.
SEC. 6. MINER OMBUDSMAN.
(a) Establishment.--There shall be established within the Office of
the Inspector General of the Department of Labor the position of Miner
Ombudsman. The President, by and with the advice and consent of the
Senate, shall appoint an individual with expertise in mine safety and
health to serve as the Miner Ombudsman.
(b) Duties.--The Miner Ombudsman shall--
(1) be responsible for ensuring the safety of mines through
information collection and sharing;
(2) establish a toll-free telephone number and appropriate
Internet website to permit individual miners to confidentially
report mine safety and health violations;
(3) forward information collected concerning mine safety
and health violations to the appropriate officials of the Mine
Safety and Health Administration for investigation; and
(4) carry out other activities to improve the safety of
mines.
SEC. 7. DEFINITIONS.
As used in this Act, the terms ``coal mine'' and ``operator'' have
the meanings given such terms in section 3 of the Federal Mine Safety
and Health Act of 1977 (30 U.S.C. 802). | Federal Mine Safety and Health Act of 2006 - Directs the Secretary of Labor to revise regulations prescribed pursuant to the Federal Mine Safety and Health Act of 1977 to require coal mine operators to expeditiously provide notification of any accident where rescue and recovery work is necessary.
Requires the Secretary to revise regulations regarding mine rescue teams to: (1) address training and qualifications for team members, rescue equipment and technology, the structure and organization of teams, and the guidelines about liability and insurance issues; and (2) require that mine operators employ rescue teams to provide a rapid response and have a plan for coordination and communication between the rescue teams and local emergency response personnel.
Directs the Secretary to prescribe regulations to require: (1) each coal mine to maintain at strategic locations sufficient emergency supplies of air and self-contained breathing equipment, and independent means of communication with the surface, for people awaiting rescue; and (2) each operator to implement a communication and electronic tracking system to assist in rescue and to equip each person that enters a mine with certain communication and tracking devices.
Requires the Secretary to revise regulations in order to prohibit belt haulage entries from being used to ventilate active working places in any coal mine.
Directs the Secretary to prescribe regulations to establish minimum civil penalties for violations: (1) where the operator displays negligence or reckless disregard of a mandatory health or safety standard; and (2) of rescue notification requirements.
Requires the Secretary to: (1) establish an Office of Science and Technology Transfer within the Mine Safety and Health Administration to conduct research and development to apply advancing sciences and technologies to mines and miner health and safety; (2) review and revise mine health and safety standards with regard to implementing such technologies.
Establishes the position of Miner Ombudsman within the Office of the Inspector General of the Department of Labor to be responsible for ensuring the safety of mines through information collection and sharing. | A bill to direct the Secretary of Labor to prescribe additional coal mine safety standards, to require additional penalties for habitual violators, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting the
beaches in World War II in the Pacific and Europe, to the cold and
difficult terrain in Korea, the steamy jungles of Vietnam, and the
desert sands of the Middle East.
(2) All Americans should commemorate those who come home having
survived the ordeal of war, and solemnly honor those who made the
ultimate sacrifice in giving their lives for their country.
(3) All Americans should honor the millions of living disabled
veterans who carry the scars of war every day, and who have made
enormous personal sacrifices defending the principles of our
democracy.
(4) In 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial.
(5) The United States should pay tribute to the Nation's living
disabled veterans by minting and issuing a commemorative silver
dollar coin.
(6) The surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of disabled American
veterans, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) Design.--The design of the coins minted under this Act
shall be emblematic of the service of our disabled veterans who,
having survived the ordeal of war, made enormous personal
sacrifices defending the principles of our democracy.
(2) Designation and inscriptions.--On each coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission of
Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under
this Act.
(2) Use of the united states mint at west point, new york.--It
is the sense of the Congress that the coins minted under this Act
should be struck at the United States Mint at West Point, New York,
to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of American Veterans' Disabled for Life
Memorial in Washington, D.C.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the service of our disabled veterans who, having survived the ordeal of war, made enormous personal sacrifices defending the principles of our democracy.
Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York.
Limits the period for coin issuance to the calendar year beginning on January 1, 2010.
Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.
Prohibits a surcharge with respect to the issuance under this Act of any coin during a calendar year if, at the time of issuance, it would result in more than the statuory maximum of two commemorative coin programs per year. | To require the Secretary of the Treasury to mint coins in commemoration of veterans who became disabled for life while serving in the Armed Forces of the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportsmen's Bill of Rights Act of
1996''.
SEC. 2. FINDINGS POLICY.
(a) Findings.--Congress finds that--
(1) fishing is an important and traditional recreational
activity in which 36,000,000 Americans 16-years-old and older
participate;
(2) hunting is an important and traditional recreational
activity in which 14,000,000 Americans 16-years-old and older
participate;
(3) survey data from a recent comprehensive 3-year study
entitled ``Factors Related to Hunting and Fishing Participation
in the United States'' suggest that 95 percent of Americans
agreed fishing should remain legal and 81 percent agreed
hunting should remain legal;
(4) anglers and hunters have been and continue to be among
the foremost supporters of sound wildlife management and
conservation practices in the United States;
(5) persons who hunt or fish and organizations related to
those activities provide direct assistance to wildlife managers
and enforcement officers of Federal, State, and local
Governments;
(6) funds raised through license, permit, and stamp
purchases as well as through excise taxes on goods used by
anglers and hunters have generated more than $6,000,000,000 for
wildlife research and management; and
(7) fishing and hunting are essential components of
effective wildlife management in that they tend to reduce
conflicts between people and wildlife and by providing
incentives for the conservation of wildlife and the habitats
and ecosystems on which wildlife depends.
(b) Policy.--It is the policy of the United States that each
Federal agency that manages a natural resource or the land and water on
which a natural resource depends shall support, promote, and enhance
opportunities for fishing and hunting.
SEC. 3. TAKING OF FISH AND WILDLIFE ON FEDERAL LANDS.
(a) In General.--Federal land shall be open to access and for use
for fishing and hunting unless--
(1) the responsible agency of the State in which the
Federal land is located limits access to and use of the land as
part of wildlife management by the State; or
(2) the Federal agency responsible for Federal public land
limits access and use--
(A) for reasons of national security; or
(B) for reasons related to specific statutory
requirements regarding the management and use of the
land, if the requirements are clearly and directly
incompatible with fishing or hunting.
(b) No Priority.--This section does not require a Federal agency to
give preference to fishing or hunting over other uses of Federal land
or land management priorities established in Federal law.
(c) Authority of the States.--
(1) In general.--Nothing in this Act impairs the primacy of
State authority in regulating the taking of fish and wildlife
on land within the State, including Federal land.
(2) Federal authority.--Except as expressly provided by Act
of Congress, the authority of a Federal agency regarding the
taking of fish and wildlife on Federal land managed by the
Federal agency shall be no greater than the rights of a private
owner of land.
SEC. 4. PROTECTION OF THE INTEGRITY OF THE SPORTSMEN'S TRUST ACCOUNTS.
(a) Funding of Plans and Projects.--
(1) Federal aid in wildlife restoration act.--The Act
entitled ``An Act to provide that the United States shall aid
the States in wildlife-restoration projects, and for other
purposes'', approved September 2, 1937 (commonly known as the
``Federal Aid in Wildlife Restoration Act'') (16 U.S.C. 669 et
seq.), is amended--
(A) by striking ``Secretary of Agriculture'' each
place it appears and inserting ``Secretary of the
Interior''; and
(B) in section 4 by adding at the end the
following:
``(c) The amount of funding made available to the Secretary of the
Interior for expenses under this section shall not be available for use
as a supplement to decreased funding for any other expense under the
authority of the Secretary of the Interior.''.
(2) Federal aid in fish restoration act.--Section 4 of the
Act entitled ``An Act to provide that the United States shall
aid the States in fish restoration and management projects, and
for other purposes'', approved August 9, 1950 (commonly known
as the ``Federal Aid in Fish Restoration Act'') (16 U.S.C.
777c), is amended by adding at the end the following:
``(f) The amount of funding made available to the Secretary of the
Interior for expenses under this section shall not be available for use
as a supplement to decreased funding for any other expense under the
authority of the Secretary of the Interior.''.
SEC. 5. EVALUATION OF WILDLIFE MANAGEMENT EFFECTS.
(a) Statement.--No Federal agency action that may significantly
diminish opportunities or access to engage in fishing or hunting on
Federal land shall be effective until the agency prepares a detailed
statement evaluating the effect of the action on fishing and hunting.
(b) Notice and Hearing.--Before taking an action described in
subsection (a), a Federal agency shall--
(1) provide notice of the proposed agency action to the
appropriate State agency responsible for the conduct or
oversight or fish and wildlife management; and
(2) conduct a public hearing in the vicinity of the
proposed action.
(c) Judicial Review.--An individual or entity that may be adversely
affected by a loss of fishing or hunting opportunities on Federal land
as a result of an agency action described in subsection (a) may bring a
civil action in United States district court for review of the action.
(d) Emergencies.--Nothing in this section precludes an agency from
exercising statutory authority to close Federal lands in an emergency
or other exigent circumstances.
(e) Effect on Other Law.--Nothing in this section affects or has
application to the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.) or
the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
SEC. 6. CLARIFICATIONS RELATING TO MAINTENANCE OF FISHING AND HUNTING
OPPORTUNITIES.
(a) Definition of Point Source.--Section 502(14) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(14)) is amended--
(1) by striking ``means'' and inserting the following:
``(A) means'';
(2) by striking ``discharged.'' and inserting ``discharged;
but'';
(3) by striking ``This term does not include agricultural
stormwater'' and inserting the following:
``(B) does not include--
``(i) agricultural stormwater discharges
and return flows from irrigated agriculture;''
and
(4) by striking the period at the end and inserting ``;
or''; and
(5) by adding at the end the following:
``(ii) any conveyance that serves the
purposes of directly assisting individuals
engaged in fishing, hunting, or recreational
shooting.''.
(b) Dredged or Fill Material.--Section 404(f)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1344(f)(1)) is amended--
(1) by striking the comma at the end of subparagraph (F)
and inserting ``; or''; and
(2) by inserting after subparagraph (F) the following:
``(G) resulting from the conduct of fishing,
hunting, or recreational shooting;''.
SEC. 7. PROMOTION OF FISHING AND HUNTING BY FEDERAL AGENCIES.
Each Federal agency, in carrying out the Act entitled ``An Act to
provide that the United States shall aid States in wildlife-restoration
projects, and for other purposes'', approved September 2, 1937
(commonly known as the ``Federal Aid in Wildlife Restoration Act'') (16
U.S.C. 669 et seq.) or the Act entitled ``An Act to provide that the
United States shall aid the States in fish restoration and management
projects, and for other purposes'', approved August 9, 1950 (commonly
known as the ``Federal Aid in Fish Restoration Act'') (16 U.S.C. 777 et
seq.), shall seek to enhance existing programs and services and
establish new programs and services that promote fishing and hunting.
SEC. 8. CIVIL ACTIONS.
(a) Intervention.--A person interested in fishing or hunting shall
be entitled to intervene as a matter of right in a civil action brought
under any other Federal law relating to the use of any Federal land in
which the plaintiff seeks an order that would require the use (or
nonuse) of the land in such a manner as to impair access to or use of
the land for the purpose of fishing or hunting as required by this Act.
(b) Consideration of Interests.--If an inter-
venor under subsection (a) shows that the application of another
Federal law as sought by the plaintiff would be likely to impair access
to or use of the land for the purpose of fishing or hunting as required
by this Act, the court shall not grant the relief sought unless the
plaintiff shows that the interest intended to be advanced by the other
Federal law clearly outweighs the interest of protecting access to and
use of Federal land for fishing and hunting.
SEC. 9. STANDING TO BRING A CIVIL ACTION.
A licensed angler, licensed hunter, or organization representing
the interests of licensed anglers or hunters may bring a civil action
in a United States district court to seek declaratory or injunctive
relief regarding the implementation of any provision of this Act,
including a declaration that a civil action brought by another person
may significantly disrupt or eliminate opportunities for fishing or
hunting and an injunction against the prosecution of the civil action. | Sportsmen's Bill of Rights Act of 1996 - Requires Federal land to be open to access and for use for fishing and hunting if: (1) the responsible State agency in which Federal land is located limits access to and use of the land as part of wildlife management by the State; or (2) the Federal agency responsible for Federal public land limits access and use for national security or for reasons related to specific statutory requirements regarding the management and use of the land if such requirements are clearly and directly incompatible with fishing or hunting.
Amends the Federal Aid in Wildlife Restoration Act to authorize the Secretary of the Interior (Secretary) to cooperate with the Secretary of the Interior of Puerto Rico (currently, Secretary of Agriculture of Puerto Rico) in the conduct of wildlife-restoration projects. Prohibits the amount of funding made available to the Secretary for expenses in the administration and execution of wildlife-restoration projects and the Migratory Bird Conservation Act from being made available for use as a supplement to decreased funding for any other expense under the Secretary's authority.
Amends the Federal Aid in Fish Restoration Act to prohibit the amount of funding made available to the Secretary for fish restoration and management projects from being used as a supplement to decreased funding for any other expense under the Secretary's authority.
Prohibits a Federal agency's action that may significantly diminish opportunities or access to engage in fishing or hunting on Federal land from being effective until the agency prepares a detailed statement evaluating the effect of such action. Provides for judicial review of such action.
Amends the Federal Water Pollution Control Act to exclude from the definition of "point source" any conveyance that serves the purposes of directly assisting individuals engaged in fishing, hunting, or recreational shooting. Provides that the discharge of dredged or filled material resulting from fishing, hunting, or recreational shooting shall not be prohibited by or otherwise subject to regulations under the Act, except for its effluent standards or prohibitions.
Requires Federal agencies to seek to enhance existing programs and services that promote fishing and hunting and to establish new ones.
Entitles a person interested in fishing or hunting to intervene as a matter of right in a civil action brought under any other Federal law relating to the use of Federal land, under specified conditions. Bars the court from granting the relief sought unless the plaintiff shows that the interest intended to be advanced by the other Federal law clearly outweighs the interest of protecting access to, and use of, Federal land for fishing and hunting.
Allows a licensed angler, licensed hunter, or an organization representing such individual's interests to bring a civil action in a U.S. district court to seek declaratory or injunctive relief regarding the implementation of this Act, including a declaration that a civil action brought by another person may significantly disrupt or eliminate opportunities for fishing or hunting and an injunction against the prosecution of the civil action. | Sportsmen's Bill of Rights Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Territories Medicare Prescription
Drug Assistance Equity Act of 2015''.
SEC. 2. EQUITABLE TREATMENT OF RESIDENTS OF TERRITORIES IN PREMIUM AND
COST-SHARING SUBSIDIES UNDER MEDICARE PRESCRIPTION DRUG
PROGRAM.
(a) Medicare Assistance.--Section 1860D-14(a)(3) of the Social
Security Act (42 U.S.C. 1395w-114(a)(3)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``subject to subparagraph (F),'';
(2) in subparagraph (B)(v), in the matter preceding
subclause (I), by striking ``Subject to subparagraph (F), the
Secretary'' and inserting ``The Secretary'';
(3) in subparagraph (C), by adding at the end the following
new sentence: ``In the case of an individual who is not a
resident of the 50 States or the District of Columbia, the
poverty line (as such term is defined in clause (ii)) that
shall apply to such individual shall be the poverty line for
the 48 contiguous States and the District of Columbia.''; and
(4) by striking subparagraph (F).
(b) Medicaid Assistance.--Section 1935 of the Social Security Act
(42 U.S.C. 1396u-5) is amended--
(1) in subsection (c)(1)(A)--
(A) by inserting ``(and each other State for each
month beginning with January 2017)'' after ``January
2006''; and
(B) in clause (i), by inserting ``or (2)(B) (as the
case may be)'' after ``paragraph (2)(A)'';
(2) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) by amending the heading to read as
follows: ``Computation for 50 states and the
district of columbia''; and
(ii) by striking ``a State described in
paragraph (1)'' and inserting ``one of the 50
States or the District of Columbia'';
(B) in subparagraph (B)--
(i) by striking ``subparagraph (A)'' and
inserting ``subparagraph (A) or (B) (as the
case may be)''; and
(ii) by redesignating such subparagraph as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Computation for territories.--The amount
computed under this paragraph for a State not described
in subparagraph (A) and for a month in a year
(beginning with 2017) is equal to--
``(i) \1/12\ of the product of--
``(I) the amount determined under
subsection (e) for the State for 2016;
and
``(II) 100 percent minus the
highest possible Federal medical
assistance percentage that may be
applied to any of the 50 States for
fiscal year 2015 under section
1905(b)(1); and
``(ii) increased for each year (beginning
with 2017 up to and including the year
involved) by the applicable growth factor
specified in paragraph (4) for that year.'';
and
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``of
such State; and'' and inserting ``of such State
for years before 2017;'';
(ii) in subparagraph (B)--
(I) by inserting ``for periods
before January 1, 2017'' after ``(B)'';
and
(II) by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following
new subparagraph:
``(C) for the first 3 quarters of fiscal year 2017
and for each subsequent fiscal year, the amount
otherwise applied under section 1108(f) for the State
shall be increased by the amount specified in paragraph
(4)(A) for such period or fiscal year.'';
(B) in paragraph (2), by striking ``The Secretary''
and inserting ``For periods before January 2017, the
Secretary'';
(C) in paragraph (3)--
(i) in the heading, by inserting ``before
second quarter of fiscal year 2017'' after
``Increased amount'';
(ii) in subparagraph (A)--
(I) in the matter before clause
(i), by inserting ``or other fiscal
period'' after ``for a year''; and
(II) in clause (i), by inserting
``for such year or period'' after
``subparagraph (B)''; and
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``or'' at the end;
(II) in clause (iii), by striking
``a subsequent year'' and inserting ``a
subsequent fiscal year (before the
second quarter of fiscal year 2017)'';
(III) in clause (iii), by striking
the period at the end and inserting ``;
and''; and
(IV) by adding at the end the
following:
``(iv) for the first quarter of fiscal year
2017, is equal to 25 percent of the aggregate
amount specified in this subparagraph for the
previous fiscal year increased by the annual
percentage increase specified in section 1860D-
2(b)(6) for the year involved.'';
(D) by striking paragraph (4); and
(E) by inserting after paragraph (3) the following
new paragraph:
``(4) Increased amount beginning with second quarter of
fiscal year 2017.--
``(A) In general.--The amount specified in this
paragraph for a State for the last 3 quarters of fiscal
year 2017 or for a subsequent fiscal year is equal to
the product of--
``(i) the aggregate amount specified in
subparagraph (B) for such period or fiscal
year; and
``(ii) the ratio (as estimated by the
Secretary) of--
``(I) the number of individuals who
are entitled to benefits under part A
or enrolled under part B and who reside
in the State (as determined by the
Secretary based on the most recent
available data before the beginning of
the period or year); to
``(II) the sum of such numbers for
all States that are subject to this
subsection.
``(B) Aggregate amount.--The aggregate amount
specified in this subparagraph for--
``(i) the last 3 quarters of fiscal year
2017, is equal to 3 times the amount specified
in paragraph (3)(B)(iv);
``(ii) fiscal year 2018, is equal to 4
times the amount specified in paragraph
(3)(B)(iv) increased by the same annual
percentage increase as is applied to increases
in the amounts applied for the fiscal year and
State under section 1108(f); or
``(iii) a subsequent fiscal year, is equal
to the aggregate amount specified in this
subparagraph for the previous fiscal year
increased by the same annual percentage
increase as is applied for the fiscal year and
State under section 1108(f).''.
(c) Conforming Amendment.--Section 1108(f) of the Social Security
Act (42 U.S.C. 1308(f)) is amended by striking ``1935(e)(1)(B)'' and
inserting ``1935(e)(1)''.
(d) Effective Dates.--The amendments made by subsection (a) shall
take effect on January 1, 2017, and the amendments made by subsections
(b) and (c) shall take effect on the date of the enactment of this Act. | Territories Medicare Prescription Drug Assistance Equity Act of 2015 This bill amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to make certain income-based subsidies available to Medicare prescription drug program beneficiaries who reside in Puerto Rico or another U.S. territory and are otherwise eligible. Current law makes such beneficiaries ineligible for premium and cost-sharing subsidies, but establishes a process for U.S. territories to apply for financial assistance with respect to the provision of Medicare prescription drugs. The bill retains a process for U.S. territories to apply for such assistance, but alters the formula by which the amount of assistance is calculated. Specifically, the bill phases in modifications to the formula that more closely align how assistance is calculated for U.S. territories with how it is calculated for the 50 states and the District of Columbia. | Territories Medicare Prescription Drug Assistance Equity Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Building Lending Improvement
Act of 2012''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) immediately provide authority and guidance that Federal
and State bank regulators can use to ensure that Federal and
State chartered banks and thrifts that provide financing to
America's home builders are permitted to make loans, provide
ongoing liquidity, and ensure stable financing; and
(2) enable Federal and State chartered banks and thrifts to
provide initial and ongoing credit in a sound manner to
America's home builders to aid in restoring liquidity and
vitality to the housing market.
SEC. 3. COORDINATED RULEMAKING.
(a) Initiation of Proceedings.--Not later than 3 months after the
date of enactment of this Act, the appropriate Federal banking agencies
shall each initiate guidance or rulemaking with respect to financial
institutions under their respective jurisdictions that make real estate
loans to home builders. Such guidance or rulemaking shall provide for
the following:
(1) Adjustment of the 100 percent of bank capital
measurement.--
(A) Loan origination.--Notwithstanding any other
provision of law, the measurement of construction loans
that triggers additional scrutiny on real estate loans
in the lending portfolio of any qualified financial
institution shall be 125 percent of bank capital. The
Federal banking agencies shall not treat the 125
percent measurement as a hard cap beyond which loans
cannot be made, but shall consider other relevant
factors besides the concentration of such loans, such
as whether the financial institution has in place
effective risk management practices that are
appropriate for the level and nature of the risk of
such loans.
(B) Lending decisions.--The appropriate Federal
banking agency shall not prevent a qualified financial
institution from making a real estate loan to a home
builder in good standing that is secured by a viable
project, unless there is a legitimate supervisory or
accounting reason to do so.
(2) Prohibition on compelling lenders to call loans in good
standing.--
(A) Home builders in good standing.--The
appropriate Federal banking agency shall not compel a
financial institution to call a real estate loan of a
home builder that is in good standing.
(B) Workout activities.--
(i) In general.--In any case in which a
home builder is in good standing on a real
estate loan, but the collateral of the home
builder with respect to that loan has decreased
in value, based on a projected valuation of a
project as completed, the appropriate Federal
banking agency shall permit a financial
institution to engage in workout activities
with such home builder to improve the prospects
for repayment of principal and interest in a
manner that is consistent with safe and sound
banking principles and the need for credit for
home building.
(ii) Period of workout activities.--Workout
activities authorized under clause (i) may be
utilized during the 24-month period following
the date of issuance of final guidance or
regulations under subsection (c).
(iii) Effects.--No real estate loan may be
required to be charged off during the period
established in clause (ii) until the
appropriate Federal banking agency has
determined that--
(I) the financial institution
holding such loan has worked in good
faith to consider reasonable workout
activities and has adequately provided
for any impairment in such loan; or
(II) the financial institution has
not considered reasonable workout
activities in a timely manner.
(C) Reclassification of loans.--The appropriate
Federal banking agency shall not require a financial
institution to reclassify any real estate loan to a
homebuilder in good standing on the balance sheet of
such institution, unless there is a legitimate
supervisory or accounting reason to do so.
(3) No waiting period.--If the provisions of paragraph (2)
help to improve the CAMEL composite rating of a financial
institution under the Uniform Financial Institutions Rating
System from 3, 4, or 5 to 1 or 2 in the next occurring
examination of such institution that begins after the date on
which final guidance or regulations are issued pursuant to
subsection (c), such improved rating shall take effect
immediately after the date on which such rating was received.
(b) Coordination, Consistency, and Comparability.--Each Federal
banking agency shall consult and coordinate with the other Federal
banking agencies for the purpose of assuring, to the extent possible,
that the guidance or regulations by each such agency and such
authorities are consistent and comparable with those prescribed by the
other such agencies and authorities.
(c) Deadline.--Each Federal banking agency shall issue final
guidance or regulations to implement this Act not later than the
earlier of--
(1) 6 months after the date of enactment of this Act; or
(2) 3 months after such guidance or regulations are
proposed.
(d) Agency Authority.--The guidance and regulations issued under
this Act shall be enforced by the appropriate Federal banking agencies.
(e) Effect on State Law.--The guidance and regulations issued under
this Act shall not supersede the law of any State, except to the extent
that such law is inconsistent with such rule, and then only to the
extent of the inconsistency.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Appropriate federal banking agency; federal banking
agency.--The terms ``appropriate Federal banking agency'' and
``Federal banking agency'' have the same meanings as in section
3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(2) Financial institution.--The term ``financial
institution'' means an entity regulated by, and under the
supervision of, any Federal banking agency.
(3) Good standing.--The term ``good standing'' means the
borrower has made all payments on a real estate loan and any
other extensions of credit to the borrower or any affiliated
entities in accordance with the agreements for such loans.
(4) Real estate loan.--The term ``real estate loan'' means
any indebtedness secured by a mortgage, deed of trust, or other
equivalent consensual security interest on real property, for--
(A) land acquisition for residential construction
projects;
(B) land development for residential construction
projects; or
(C) residential construction projects.
(5) Total capital.--The term ``total capital'' means the
total risk-based capital of a financial institution as reported
periodically by such institution in the Call Report or Thrift
Financial Reports of the Federal Financial Institutions
Examination Council, as applicable.
(6) Viable project.--The term ``viable project'' means a
real estate project that continues to have a reasonable
prospect of reaching completion and sale within a reasonable
timeframe, and at a market price that provides for the orderly
and timely repayment of the real estate loan.
(7) Workout activities.--The term ``workout activities''
means techniques to prevent default on a real estate loan,
including a renewal or extension of loan terms, extension of
additional credit, restructuring, loan write downs, or
flexibility on using reappraisal methods that still provide
credible value conclusions.
(8) Qualified financial institution defined.--For purposes
of this paragraph, the term ``qualified financial institution''
means a financial institution that received, in the most recent
examination of the institution, a CAMEL composite rating of 1
or 2 under the Uniform Financial Institutions Rating System. | Home Building Lending Improvement Act of 2012 - Directs each of the appropriate federal banking agencies to initiate guidance or rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders.
Requires such rulemaking to provide for: (1) adjustment from 100% to 125% of bank capital the measurement that triggers additional scrutiny on real estate loans in the lending portfolio of any qualified financial institution, (2) a prohibition against compelling lenders to call loans in good standing, and (3) improved composite ratings of a financial institution to take effect immediately.
Prohibits a federal banking agency also from preventing a qualified financial institution from making a real estate loan to a home builder in good standing that is secured by a viable project, unless there is a legitimate supervisory or accounting reason to do so.
Prohibits such banking agencies from requiring a financial institution to reclassify any real estate loan to a homebuilder in good standing on the balance sheet of such institution, unless there is a legitimate supervisory or accounting reason to do so.
Prohibits such agency guidance and regulations from superseding state law, except to the extent of state law inconsistency. | A bill to enable Federal and State chartered banks and thrifts to meet the credit needs of the Nation's home builders, and to provide liquidity and ensure stable credit for meeting the Nation's need for new homes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ninth Circuit Court of Appeals
Reorganization Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Former ninth circuit.--The term ``former ninth
circuit'' means the ninth judicial circuit of the United States
as in existence on the day before the effective date of this
Act.
(2) New ninth circuit.--The term ``new ninth circuit''
means the ninth judicial circuit of the United States
established by the amendment made by section 3(2)(A).
(3) Twelfth circuit.--The term ``twelfth circuit'' means
the twelfth judicial circuit of the United States established
by the amendment made by section 3(2)(C).
SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS.
Section 41 of title 28, United States Code, is amended--
(1) in the matter before the table, by striking
``thirteen'' and inserting ``fourteen''; and
(2) in the table--
(A) by striking the item relating to the ninth
circuit and inserting the following:
``Ninth................ California, Nevada.'';
and
(B) by inserting between the last 2 items the
following:
``Twelfth.............. Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands,
Oregon, Washington.''.
SEC. 4. NUMBER OF CIRCUIT JUDGES.
The table in section 44(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth....................................... 25'';
and
(2) by inserting between the last 2 items the following:
``Twelfth..................................... 13.''
SEC. 5. PLACES OF CIRCUIT COURT.
The table in section 48(a) of title 28, United States Code, is
amended--
(1) by striking the item relating to the ninth circuit and
inserting the following:
``Ninth................ San Francisco, Los Angeles.'';
and
(2) by inserting between the last 2 items at the end the
following:
``Twelfth.............. Portland, Seattle.''.
SEC. 6. ELECTION OF ASSIGNMENT BY CIRCUIT JUDGES.
(a) In General.--Except as provided in subsection (b) and
notwithstanding section 44(c) of title 28, United States Code, each
circuit judge who is in regular active service, and each judge who is a
senior judge, of the former ninth circuit on the day before the
effective date of this Act may elect to be assigned to the new ninth
circuit or to the twelfth circuit and shall notify the Director of the
Administrative Office of the United States Courts of such election.
SEC. 7. SENIORITY OF JUDGES.
The seniority of each judge who elects to be assigned under section
6 shall run from the date of commission of such judge as a judge of the
former ninth circuit.
SEC. 8. APPLICATION TO CASES.
(a) In General.--The provisions of the following paragraphs of this
subsection apply to any case in which, on the day before the effective
date of this Act, an appeal or other proceeding has been filed with the
former ninth circuit:
(1) If the matter has been submitted for decision, further
proceedings in respect of the matter shall be had in the same
manner and with the same effect as if this Act had not been
enacted.
(2) If the matter has not been submitted for decision, the
appeal or proceeding, together with the original papers,
printed records, and record entries duly certified, shall, by
appropriate orders, be transferred to the court to which the
matter would have been submitted had this Act been in full
force and effect at the time such appeal was taken or other
proceeding commenced, and further proceedings in respect of the
case shall be had in the same manner and with the same effect
as if the appeal or other proceeding had been filed in such
court.
(3) A petition for rehearing or a petition for re-hearing
en banc in a matter decided before the effective date of this
Act, or submitted before the effective date of this Act and
decided on or after the effective date as provided in paragraph
(1), shall be treated in the same manner and with the same
effect as though this Act had not been enacted. If a petition
for rehearing en banc is granted, the matter shall be reheard
by a court comprised as though this Act had not been enacted.
SEC. 9. ADMINISTRATION.
(a) Actions.--The former ninth circuit as constituted on the day
before the effective date of this Act may take such administrative
actions as may be required to carry out this Act and the amendments
made by this Act.
(b) Termination.--The former ninth circuit shall cease to exist for
administrative purposes on July 1, 2005.
(c) Meetings.--During the 10 years following the date of enactment
of this Act, the new ninth circuit and the twelfth circuit may meet in
either circuit's jurisdiction.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 2003. | Ninth Circuit Court of Appeals Reorganization Act of 2003 - Divides the current U.S. Court of Appeals for the ninth circuit into: (1) the ninth circuit, composed of California and Nevada, consisting of 25 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the twelfth circuit, composed of Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana Islands, Oregon, and Washington, consisting of 13 judges, and holding regular sessions in Portland and Seattle.Authorizes a circuit judge of the former ninth circuit who is in regular active service or who is a senior judge to elect to be assigned to either of the two new circuits. | A bill to amend chapter 3 of title 28, United States Code, to divide the Ninth Judicial Circuit of the United States into 2 circuits, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COLA Fairness Act of 1999''.
SEC. 2. REGIONAL CONSUMER PRICE INDEX.
(a) Recognition of Regions.--The Bureau of Labor Statistics of the
Department of Labor shall establish and publish a mapping of the United
States under which 14 regions are recognized comprising the United
States. Each region shall include one of the cities listed in
subsection (b).
(b) Specified Cities.--The cities specified in this subsection are
the following:
(1) Atlanta, Georgia;
(2) Boston, Massachusetts;
(3) Chicago, Illinois;
(4) Cleveland, Ohio;
(5) Dallas, Texas;
(6) Detroit, Michigan;
(7) Philadelphia, Pennsylvania;
(8) Houston, Texas;
(9) Los Angeles, California;
(10) Miami, Florida;
(11) New York, New York;
(12) San Francisco, California;
(13) Seattle, Washington; and
(14) Washington, District of Columbia.
(c) Establishment of Regional Consumer Price Indices.--The Bureau
shall establish and publish for each region recognized pursuant to
subsection (a) a monthly index for the region, to be known as the
``Regional Consumer Price Index'' for the region, that indicates
changes over time in expenditures for consumption which are typical for
individuals residing in the region.
(d) Effective Date.--The preceding provisions of this section shall
apply with respect to calendar months beginning on or after January 1,
2001.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF SOCIAL SECURITY COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, with respect to an
individual who, at the time he initially becomes
eligible for old-age insurance benefits or disability
insurance benefits (or dies before initially becoming
so eligible), resides in a region of the United States
recognized by the Bureau of Labor Statistics pursuant
to section 2(a) of the COLA Fairness Act of 1999, the
applicable Consumer Price Index shall be deemed to be
the Regional Consumer Price Index for such region'';
and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the COLA Fairness Act of 1999,''.
(2) Conforming amendments relating to applicable former
law.--Section 215(i)(4) of such Act (42 U.S.C. 415(i)(4)) is
amended by adding at the end the following new sentence: ``For
purposes of computing adjustments under this subsection as so
in effect, the applicable Consumer Price Index shall be deemed
to be the Regional Consumer Price Index for the region in which
such individual resides at the time he becomes eligible for
old-age insurance benefits or disability insurance benefits (or
dies before initially becoming so eligible).''.
(b) Effective Date.--The amendments made by this section shall
apply to determinations made by the Commissioner of Social Security
under section 215(i)(2) of the Social Security Act (42 U.S.C.
415(i)(2)) with respect to cost-of-living computation quarters ending
on or after September 30 of the second calendar year following the
calendar year in which this Act is enacted.
SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) is amended--
(1) in section 1814(i)(2)(B), by inserting ``(i) for
accounting years ending before October 1 of the second calendar
year following the calendar year in which the COLA Fairness Act
of 1999 was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year'' the
following: ``, and (ii) for accounting years ending after
October 1 of such calendar year, the cap amount determined
under clause (i) for the last accounting year referred to in
such clause, increased or decreased by the same percentage as
the percentage increase or decrease, respectively, in the
medical care expenditure category (or corresponding category)
of the applicable consumer price index, published by the Bureau
of Labor Statistics, from March of such calendar year to the
fifth month of the accounting year'';
(2) in section 1833(h)(2)(A)(i), by striking ``Consumer
Price Index for All Urban Consumers (United States city
average)'' and insert ``applicable consumer price index'';
(3) in section 1833(i)(2)(C), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and insert
``applicable consumer price index'';
(4) in section 1834(a)(14)(D), by striking ``consumer price
index for all urban consumers (United States city average)''
and insert ``applicable consumer price index'';
(5) in section 1834(h)(4)(A)(vi), by striking ``consumer
price index for all urban consumers (United States city
average)'' and insert ``applicable consumer price index'';
(6) in section 1834(l)(3)(A), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and insert
``applicable consumer price index'';
(7) in section 1834(l)(3)(B), by striking ``consumer price
index for all urban consumers (U.S. city average)'' and insert
``applicable consumer price index'';
(8) in section 1842(s)(1), by striking ``consumer price
index for all urban consumers (United States city average)''
and insert ``applicable consumer price index''; and
(9) in section 1886(h)(5)(B), by striking ``Consumer Price
Index for All Urban Consumers (United States city average)''
and insert ``applicable consumer price index''.
(b) Definition of Applicable Consumer Price Index.--Section 1861 of
such Act (42 U.S.C. 1395x) is amended by adding at the end the
following new subsection:
``Applicable Consumer Price Index
``(uu) The term `applicable consumer price index' means, in
connection with any person affected by an adjustment to be made under
this title based on such index, the Regional Consumer Price Index (as
prescribed from time to time by the Bureau of Labor Statistics pursuant
to section 2(c) of the COLA Fairness Act of 1999) for the region in
which such person resides (in the case of an individual) or maintains
principal offices (in any other case) at the time the adjustment takes
effect. The Secretary of Health and Human Services shall prescribe by
regulation, in connection with each requirement for an adjustment under
this title based a Regional Consumer Price Index, the manner in which
such adjustment is to be determined to affect particular persons for
purposes of this subsection.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to determinations made for periods ending after
December 31 of the second calendar year following the calendar year in
which this Act was enacted. | COLA Fairness Act of 1999 - Requires the Bureau of Labor Statistics of the Department of Labor to establish monthly regional consumer price indices for computation of cost-of-living increases for social security and Medicare (title XVIII of the Social Security Act) benefits. Authorizes appropriations. | COLA Fairness Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Lending and Small Business
Jobs Act of 2013''.
TITLE I--SMALL BUSINESS LEG-UP ACT OF 2013
SEC. 101. SHORT TITLE.
This title may be cited as the ``Small Business Lending to
Entrepreneurs for Growth in Underserved Populations Act of 2013'' or
the ``Small Business Leg-Up Act of 2013''.
SEC. 102. FINDINGS.
The Congress finds the following:
(1) Families and small businesses in under-served areas
have for generations been unable to access affordable credit.
(2) The financial crisis of 2008 only served to exacerbate
efforts by entrepreneurs to access capital for the purpose of
creating jobs and improving economic outcomes in the community.
(3) Small business investments revitalize communities by
creating jobs but also contributing to the local tax base,
which helps finance investments in schools, hospitals,
infrastructure, and public safety.
(4) The Community Development Financial Institutions Fund
is well placed to make careful, targeted investments in
community development financial institutions for the purposes
of improving economic outcomes for underserved families across
America.
(5) Providing the Community Development Financial
Institutions Fund with a robust capital infusion will make
efficient use of taxpayer dollars, by leveraging Federal
investment for the purpose of small business lending.
SEC. 103. TRANSFER OF FUNDS FROM SMALL BUSINESS LENDING FUND TO THE
CDFI FUND.
(a) Unobligated Funds.--On the date of the expiration of the
investment authority described under section 4109(a) of the Small
Business Jobs Act of 2010, the Secretary shall transfer all unobligated
funds in the Small Business Lending Fund to the Community Development
Financial Institutions Fund.
(b) Proceeds.--Section 4103(b)(3) of the Small Business Jobs Act of
2010 is amended to read as follows:
``(3) Proceeds transferred to cdfi fund.--All funds
received by the Secretary in connection with purchases made
pursuant to paragraph (1), including principal, interest
payments, dividend payments, and proceeds from the sale of any
financial instrument, shall be transferred to the Community
Development Financial Institutions Fund.''.
SEC. 104. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM.
(a) In General.--The Riegle Community Development and Regulatory
Improvement Act of 1994 is amended by inserting after section 108 the
following:
``SEC. 108A. SMALL BUSINESS CAPITAL INVESTMENT PROGRAM TO INCREASE
CREDIT AVAILABILITY FOR SMALL BUSINESSES.
``(a) Small Business Revolving Loan Program.--
``(1) In general.--Using amounts described under subsection
(b), the Administrator shall carry out a Small Business Capital
Investment Program (`Program') to make capital investments in
eligible community development financial institutions in order
to increase the availability of credit for small businesses.
``(2) Structure of the program.--To the extent practicable,
the Administrator shall carry out the Program in the same
manner as the Small Business Lending Fund Program authorized
under section 4103(a)(2) of the Small Business Jobs Act of
2010, except that--
``(A) all funds received by the Administrator in
connection with purchases made under the Program,
including principal, interest payments, dividend
payments, and proceeds from the sale of any financial
instrument, shall be deposited into the Fund;
``(B) eligible community development financial
institutions may apply to receive a capital investment
from the Fund in an amount not exceeding 10 percent of
total assets, or such other percentage as the
Administrator determines to be appropriate; and
``(C) the authority to make capital investments in
eligible community development financial institutions
shall continue so long as amounts described under
subsection (b) are available to make such investments.
``(b) Funding.--
``(1) In general.--Notwithstanding any other provision of
this Act, amounts deposited into the Fund pursuant to section
4(a) of the Small Business Leg-Up Act of 2013, section
4103(b)(3) of the Small Business Jobs Act of 2010, or
subsection (a)(2)(A) shall only be available to carry out the
Program established under subsection (a).
``(2) Administration costs.--Interest payments received
under subsection (a)(2)(A) may be used to pay for the
administrative costs of carrying out the Program.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator $4,000,000 to carry out
the Program.
``(c) Rulemaking.--The Administrator may issue such regulations as
the Administrator determines to be appropriate to carry out this
section.
``(d) Eligible Community Development Financial Institution
Defined.--For purposes of this section, the term `eligible community
development financial institution' means a community development
financial institution with assets of $10,000,000,000 or less, as
reported in audited financial statements.''.
(b) Technical Amendment.--The table of contents for the Riegle
Community Development and Regulatory Improvement Act of 1994 is amended
by inserting after the item relating to section 108 the following new
item:
``Sec. 108A. Small Business Capital Investment Program to increase
credit availability for small
businesses.''.
TITLE II--MICROENTERPRISE AND YOUTH ENTREPRENEURSHIP DEVELOPMENT ACT OF
2013
SEC. 201. SHORT TITLE.
This title may be cited as the ``Microenterprise and Youth
Entrepreneurship Development Act of 2013''.
SEC. 202. MICROENTERPRISE TECHNICAL ASSISTANCE AND CAPACITY BUILDING
PROGRAM.
(a) Definitions.--Section 172(5) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(5))
is amended--
(1) in subparagraph (B) by striking ``or'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) an entrepreneur that operates a business or
intends to operate a business in an investment area (as
such term is defined in section 103(16) of this
Act).''.
(b) Uses of Assistance.--Section 174 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is
amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) to advertise in print, electronic, and other media
the training and technical assistance provided under paragraph
(1); and''.
(c) Targeted Assistance.--Section 176(b) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b))
is amended by striking ``50 percent'' and inserting ``60 percent''.
(d) Matching Requirements.--Section 177(c) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c))
is amended by adding at the end the following:
``(3) Consideration.--In determining whether to reduce or
eliminate matching requirements under paragraph (1), the
Administrator shall consider the impact of the economic crisis
of 2007 through 2009 on the geographic area in which an
applicant operates.''.
(e) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Small Business Administration shall
submit to the Committee on Small Business of the House of
Representatives and the Committee on Small Business and
Entrepreneurship of the Senate a report describing recommendations for
improving the application and grant making process of the
microenterprise technical assistance and capacity building grant
program (carried out under subtitle C of title I of the Riegle
Community Development and Regulatory Improvement Act of 1994),
including recommendations, developed in consultation with stakeholders,
for streamlining the application and grant making process of that
program.
(f) Microenterprise Coordinator.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish in the
Small Business Administration the position of Microenterprise
Coordinator.
(2) Duties.--The Microenterprise Coordinator shall--
(A) work to ensure that the contributions of
microenterprises to the economy are maximized;
(B) work to enhance, support, and coordinate the
programs of the Federal Government providing assistance
to microenterprises, including Federal technical
assistance programs;
(C) work to ensure that underserved entrepreneurs
are included in the programs of the Federal Government
providing assistance to microenterprises;
(D) make available to the public annually a
comprehensive list and description of each Federal
program that provides assistance to microenterprises;
and
(E) encourage public-private partnerships that
support entrepreneurship.
(3) Microenterprise defined.--In this subsection, the term
``microenterprise'' has the meaning given that term in section
172(10) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (15 U.S.C. 6901(10)).
SEC. 203. OFFICE OF YOUTH ENTREPRENEURSHIP.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall establish an Office of Youth Entrepreneurship (in
this section referred to as the ``Office'') in the Small Business
Administration.
(b) Director.--The Administrator shall appoint a Director of Youth
Entrepreneurship (in this section referred to as the ``Director'') to
serve as the head of the Office.
(c) Duties.--The Director shall--
(1) carry out the youth entrepreneurship technical
assistance grant program described in subsection (d);
(2) carry out the youth entrepreneurship curriculum grant
program described in subsection (e);
(3) promote the growth of youth entrepreneurship by
establishing public-private partnerships and carrying out
advertising campaigns;
(4) sponsor and support State and national youth
entrepreneurship competitions that raise awareness of the
importance of small business development;
(5) study and promote Federal activities that support
entrepreneurship education; and
(6) support the establishment of public and private youth
entrepreneurship education and mentoring opportunities.
(d) Youth Entrepreneurship Technical Assistance Grant Program.--The
Director shall establish a program under which the Director may make
grants to assist entities, including nonprofit microenterprise
development organizations, to provide individuals under 25 years of age
with technical assistance related to entrepreneurship.
(e) Youth Entrepreneurship Curriculum Grant Program.--
(1) In general.--The Director shall establish a program
under which the Director may make grants to a covered entity to
assist the development, improvement, or implementation of a
youth entrepreneurship curriculum that includes information on
the topics of--
(A) securing capital and borrowing;
(B) business plan conception and drafting;
(C) accounting;
(D) management; and
(E) marketing.
(2) Application process.--To be eligible for a grant
described in paragraph (1), a covered entity shall submit to
the Director an application at such time, in such manner, and
containing such information as the Director may require, except
that the application shall include at least--
(A) a description of the curriculum to be
developed, improved, or implemented;
(B) a description of how grant funds will be used;
(C) a description of goals relating to the use of
grant funds and the curriculum to be developed,
improved, or implemented; and
(D) a description of how progress will be measured
with respect to the goals described in subparagraph
(C).
(3) Covered entity defined.--In this subsection, the term
``covered entity'' means a local educational agency in any of
the several States, the District of Columbia, or a territory or
possession of the United States and a local educational agency
of a federally recognized Indian tribe.
(f) Investment Areas.--
(1) In general.--The Director shall ensure that at least 25
percent of the amounts made available to carry out the Office
each fiscal year are used to assist youth in investment areas.
(2) Investment area defined.--In this subsection, the term
``investment area'' has the meaning given that term in section
103(16) of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4702(16)).
(g) Student Loan Assistance.--Not later than 180 days after the
date of enactment of this Act, the Director, in consultation with the
Secretary of Education, shall submit to Congress a report that includes
detailed recommendations for legislation--
(1) establishing a program to forgive student loans in a
manner that assists youth entrepreneurship by making available
capital for business formation; and
(2) establishing a program to defer student loan repayments
in a manner that assists youth entrepreneurship by making
available capital for business formation.
SEC. 204. GAO STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall
conduct a study on--
(1) the economic impact of allowing youth entrepreneurs to
defer student loan repayments to make available capital for
business formation;
(2) the economic impact of increasing the participation of
individuals under 25 years of age in the microloan program of
the Small Business Administration (carried out under section
7(m) of the Small Business Act (15 U.S.C. 636(m)),
notwithstanding the limited collateral and formal business
experience of such individuals;
(3) alternative methods for measuring creditworthiness that
may assist youth entrepreneurship; and
(4) actions Congress should consider to promote youth
entrepreneurship.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Small Business of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate a report on the
results of the study conducted under subsection (a). | Community Lending and Small Business Jobs Act of 2013 - Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2013 or the Small Business Leg-Up Act of 2013 - Requires, upon the expiration of investment authority for the Small Business Lending Fund Program provided in the Small Business Jobs Act of 2010, that all unobligated funds in the Small Business Lending Fund be transferred to the Community Development Financial Institutions (CDFI) Fund. Directs that all funds received in connection with certain purchases of preferred stock and other financial instruments pursuant to such authority be transferred to the CDFI Fund. Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to direct the Administrator of the CDFI Fund to carry out a Small Business Capital Investment (SBCI) Program (a small business revolving loan program) to continue making capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. Requires that: (1) all funds the CDFI Fund Administrator receives in connection with SBCI Program purchases be deposited in the CDFI Fund, and (2) the authority to make such capital investments continue so long as specified funding amounts are available. Allows eligible community development financial institutions (with maximum assets of $10 billion as reported in audited financial statements) to apply to receive a capital investment of up to 10% of total assets, or another appropriate percentage determined by the CDFI Fund Administrator. Directs the CDFI Fund Administrator, to the extent practicable and except as otherwise provided, to carry out the SBCI Program in the same manner as the Small Business Lending Fund Program. Microenterprise and Youth Entrepreneurship Development Act of 2013 - Expands the definition of "disadvantaged entrepreneur," for purposes of the microenterprise technical assistance and capacity building grant program, to include a microentrepreneur operating or intending to operate a business in an investment area. Increases to 60% (currently, 50%) the minimum percentage of such grants required to be used to benefit very low-income persons, including those residing on Indian reservations. Requires the Administrator of the Small Business Administration (SBA) to consider the impact of the 2007-2009 economic crisis on an applicant's geographic area when deciding whether to reduce or eliminate matching requirements for applicants with severe constraints on available funding sources. Directs the SBA Administrator to establish an SBA Microenterprise Coordinator position. Requires the SBA Administrator to establish an Office of Youth Entrepreneurship and appoint a Director to carry out: (1) the youth entrepreneur technical assistance grant program to make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship; and (2) the youth entrepreneurship curriculum grant program to make grants to applying local educational agencies of states and federally recognized Indian tribes. | Community Lending and Small Business Jobs Act of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Warning And Rapid
Notification Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 160,000 people were killed in the Indian Ocean
region as a result of the tsunamis that occurred on December
26, 2004.
(2) The Pacific Tsunami Warning Center in Hawaii detected
the earthquake and knew of the potential threat of a tsunami in
the Indian Ocean, but had no way to inform the countries in the
most danger.
(3) Even if such countries had the information about the
tsunamis, some countries in the region would have had no way to
warn people present on the coasts.
(4) With as little as 15 minutes advance notice, people
could have moved to higher ground, with a potential huge
reduction in the death toll.
(5) The United Nations reports that tens of thousands of
people are killed and tens of billions of dollars of property
are lost every year as a result of disasters, and states that
early warning is one of the most effective ways to save lives
and protect property.
(6) The World Conference on Disaster Reduction announced
the creation of the International Early Warning Program in
January 2005, sponsored by multiple United Nations
organizations.
(7) The International Early Warning Program identified the
following four elements of effective early warning systems:
(A) Prior knowledge of the risks faced by
communities.
(B) Technical monitoring of hazards.
(C) Getting understandable warnings to those at
risk.
(D) Knowledge and preparedness of how to act by
those threatened by disasters.
(8) The United States, acting through the United States
Agency for International Development, contributed to the
establishment of a typhoon early-warning system in Bangladesh.
(9) The United States Agency for International
Development's Office of Foreign Disaster Assistance has been
funding the United Nations Development Program to help develop
early warning communications systems for floods and coastal
storms in Vietnam.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a United States program to
provide technological and financial support to foreign countries for
development of effective public warning systems for all-hazard events,
and to strengthen the existing lines of communications between
countries for the dissemination of data relating to disasters.
SEC. 4. DEFINITIONS.
In this Act:
(1) All-hazard event.--The term ``all-hazard event'' means
an emergency or disaster resulting from--
(A) a natural disaster; or
(B) an accident or intentional or negligent act
that causes widespread damage or harm.
(2) Effective public warning.--The term ``effective public
warning'' means practical, comprehensible, and timely
information given to all individuals threatened by an all-
hazard event sufficient to enable them to act to protect their
safety and well-being in a timely manner.
SEC. 5. DISSEMINATION OF DATA RELATING TO ALL-HAZARD EVENTS BETWEEN
AGENCIES AND COUNTRIES.
(a) Study.--
(1) In general.--The Secretary of State, acting through the
Assistant Secretary for Oceans, Environment and Science and in
consultation with the officials described in paragraph (2),
shall conduct a study that--
(A) determines the extent to which departments and
agencies of the Government of the United States that
receive or collect relevant data regarding all-hazard
events that could have an impact on lives or property
have well established procedures for disseminating that
data to other United States Government departments and
agencies;
(B) evaluates the quality of communications links
between the United States and agencies in foreign
countries that would be responsible for disseminating
information about all-hazard events to their citizens;
and
(C) examines the feasibility of the Department of
State directly contacting foreign media organizations
with information relating to all-hazard events if such
information could be used to mitigate the effects of
the hazards in foreign countries.
(2) Officials.--The officials referred to in paragraph (1)
are the Administrator of the United States Agency for
International Development, the Administrator of the National
Oceanic and Atmospheric Administration, the Administrator of
the National Aeronautics and Space Administration, the Director
of the United States Geological Survey, and the Director of the
National Science Foundation,
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of State shall submit to the Committees on
International Relations and Science of the House of Representatives and
the Committees on Foreign Relations and Commerce, Science and
Transportation of the Senate a report that contains--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for improving any deficiencies in the
lines of communication uncovered in the study conducted under
subsection (a), where such deficiencies decrease the ability
for the United States to disseminate all-hazard event warnings
between different departments and agencies of the United States
Government, or between the United States Government and foreign
governments.
SEC. 6. ASSISTANCE FOR EFFECTIVE PUBLIC WARNING SYSTEMS IN FOREIGN
COUNTRIES.
(a) Assistance.--The President, acting through the Secretary of
State and in coordination with the Administrator of the United States
Agency for International Development, is authorized to provide
assistance, including providing such assistance through the United
Nations' International Early Warning Program or other international
organizations, for programs that enhance the effective public warning
capability of foreign countries. The goals of such programs should be
to--
(1) provide assistance to establish and support the
communications infrastructure necessary to provide effective
public warnings;
(2) provide technical expertise and training to foreign
countries about risk assessment procedures and the design and
deployment of effective public warning systems; and
(3) establish public education campaigns that inform local
populations about the proper ways to react to effective public
warnings concerning all-hazard events so as to minimize the
loss of life and property.
(b) Research.--The Secretary of State, in cooperation with the
Secretary of Homeland Security, the Chairman of the Federal
Communications Commission, the Administrator of the National
Telecommunications and Information Administration, and the heads of
other appropriate departments and agencies of the United States
Government, shall--
(1) ensure that the results of domestic research on
effective public warning systems for all-hazard events are
disseminated internationally, unless it is determined that such
dissemination would be detrimental to the national security of
the United States;
(2) broaden the scope of research programs of warning
system research programs established under sections 7403 and
7404 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) to include a component to investigate
how the results of those research programs could be applied in
other countries;
(3) study evolving technologies for emergency warning
systems (such as broadcast media, wireline and wireless
telephones, other wireless devices, instant messaging via
computer, and electronic bulletin boards) that could be used to
provide effective public warning for all-hazard events in the
United States and its territories and to international
locations; and
(4) work through the World Radio Conference and with other
international forums and organizations to study the role of
satellites, wireless technology, and radio frequency
assignments in providing emergency alert systems.
(c) Cooperation.--In carrying out this section, the Secretary of
State shall, to the maximum extent possible, coordinate with the
efforts of the United Nations' International Early Warning Program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
President to carry out this Act $10,000,000 for each of fiscal years
2006 through 2010.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended. | Early Warning And Rapid Notification Act of 2005 - Defines "all-hazard event" as an emergency or disaster resulting from: (1) a natural disaster; or (2) an accident or intentional or negligent act that causes widespread damage or harm.
Directs the Secretary of State, through the Assistant Secretary for Oceans, Environment and Science, to report on: (1) the extent to which U.S. agencies that collect or receive all-hazard event data share such data with other U.S. agencies; (2) communications links between the United States and relevant foreign agencies; and (3) the feasibility of the Department of State directly contacting foreign media with all-hazard event information.
Authorizes the President, through the Secretary, to provide assistance for programs that enhance the public warning capability of foreign countries. Directs the Secretary to coordinate with the United Nations' (UN) International Early Warning Program. | To provide assistance for early warning systems in foreign countries. |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Since 1988, three cost-sharing payment programs that
provide certain low-income elderly and disabled individuals
with financial assistance in covering Medicare beneficiary
costs have been established by law.
(2) While eligibility for Medicare cost-sharing assistance
has expanded, and while the Social Security Administration, the
Health Care Financing Administration, and State agencies are
working cooperatively to identify and implement reforms to cure
the chronic deficiencies associated with the programs described
in paragraph (1), reports have shown that gaps in beneficiary
knowledge and deficiencies in program administration by Federal
and State agencies present persistent barriers to enrolling
eligible beneficiaries in such programs.
(3) The financial plight of Social Security and Medicare
beneficiaries who experience critical income shifts due to the
death of a spouse is of particular concern. Statistics
furnished by the Social Security Administration show that 40
percent of nonmarried women (a category that includes widows)
rely on Social Security benefits for 90 percent of their income
in comparison to only 18 percent of married couples. Further,
nearly \1/4\ of nonmarried women rely on Social Security
retirement benefits as their sole source of income.
(4) While current reform proposals concentrate on reaching
potential eligible beneficiaries upon initial enrollment in
Social Security or Medicare, the financial vulnerability of
widowed spouses can arise at any time after a senior has begun
to receive retirement benefits.
SEC. 2. DEMONSTRATION PROJECT.
(a) Establishment.--
(1) Outreach.--The Commissioner shall establish a
demonstration project to conduct outreach efforts to--
(A) identify individuals entitled to benefits under
the medicare program who may be eligible for medical
assistance for payment of the cost of medicare cost-
sharing under the medicaid program pursuant to sections
1902(a)(10)(E) and 1933 of the Social Security Act (42
U.S.C. 1396a(a)(10)(E); 1396u-3); and
(B) notify such individuals of the availability of
such medical assistance under such sections.
(2) Content of notice.--Any notice furnished under
paragraph (1) shall state that eligibility for medicare cost-
sharing assistance under such sections is conditioned upon the
individual providing an accurate statement as to whether or not
the individual has tax-exempt income, and, if so, the amount of
such income and, in the case of an individual residing in a
State that imposes an asset test for such eligibility, the
amount of countable assets the individual has.
(b) Coordination With States and Other Federal Agencies.--
(1) Furnishing information to states.--In conducting the
demonstration project established under subsection (a), the
Commissioner shall furnish the appropriate agency of each State
with information consisting of the identity of individuals
residing in the State that the Commissioner determines are or
may be eligible for medical assistance for payment of the cost
of medicare cost-sharing under the medicaid program under
sections 1902(a)(10)(E) and 1933 of the Social Security Act,
and shall periodically update any such information as
appropriate.
(2) Coordination with irs and hcfa.--Except as otherwise
prohibited by law, in conducting such demonstration project the
Commissioner, in cooperation with the Commissioner of the
Internal Revenue Service and the Administrator of the Health
Care Financing Administration, shall furnish the appropriate
agency of each State with available income and asset
information of individuals residing in the State who are or may
be eligible for the medical assistance described in paragraph
(1).
(c) Duration.--The Commissioner shall conduct the demonstration
project during the 1-year period beginning on October 1, 1998.
(d) Report.--Not later than 6 months after the completion of the
demonstration project, the Commissioner, after consultation with the
Commissioner of the Internal Revenue Service and the Administrator of
the Health Care Financing Administration, shall submit to Congress a
report on the outreach efforts and results of such efforts under the
project. The report may include any recommendations for legislative or
administrative actions to further carry out the purpose of the project.
(e) Definitions.--In this Act:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of Social Security.
(2) Medicaid program.--The term ``medicaid program'' means
the program of medical assistance established under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
(3) Medicare program.--The term ``medicare program'' means
the health insurance program established under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.).
(f) Authorization of Appropriations.--From sums made available to
the Social Security Administration for fiscal year 1999 to carry out
research and demonstrations activities, not more than $5,000,000 may be
obligated to carry out the demonstration project under this Act. | Directs the Commissioner of the Social Security Administration to establish a demonstration project to conduct outreach efforts to increase awareness of the availability of assistance under title XIX (Medicaid) of the Social Security Act to eligible low-income Medicare beneficiaries for Medicare cost-sharing.
Authorizes appropriations. | A bill to direct the Commissioner of Social Security to establish a demonstration project to conduct outreach efforts to increase awareness of the availability of medicare costsharing assistance to eligible low-income medicare beneficiaries. |
SECTION 1. QUADRENNIAL QUALITY OF LIFE REVIEW.
(a) Requirement for Review.--Chapter 23 of title 10, United States
Code, is amended by adding at the end the following new section:
``Sec. 888. Quadrennial quality of life review
``(a) Review Required.--(1) The Secretary of Defense shall every
four years, two years after the submission of the quadrennial defense
review to Congress under section 118 of this title, conduct a
comprehensive examination of the quality of life of the members of the
armed forces (to be known as the `quadrennial quality of life review').
The review shall include examination of the programs, projects, and
activities of the Department of Defense, including the morale, welfare,
and recreation activities.
``(2) The quadrennial review shall be designed to result in
determinations, and to foster policies and actions, that reflect the
priority given the quality of life of members of the armed forces as a
primary concern of the Department of Defense leadership.
``(3) Each quadrennial quality of life review shall be conducted in
consultation with the Chairman of the Joint Chiefs of Staff.
``(b) Conduct of Review.--Each quadrennial quality of life review
shall be conducted so as--
``(1) to assess quality of life priorities and issues
consistent with the most recent National Security Strategy
prescribed by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a);
``(2) to identify actions that are needed in order to
provide members of the armed forces with the quality of life
reasonably necessary to encourage the successful execution of
the full range of missions that the members are called on to
perform under the national security strategy;
``(3) to provide a full accounting of the backlog of
installations in need of maintenance and repair, to determine
how the disrepair affects performance and quality of life of
members and their families, and to identify the budget plan
that would be required to provide the resources necessary to
remedy the backlog of maintenance and repair; and
``(4) to identify other actions that have the potential for
improving the quality of life of the members of the armed
forces.
``(c) Considerations.--Among the matters considered by the
Secretary in conducting the quadrennial review, the Secretary shall
include the following matters:
``(1) Infrastructure.
``(2) Military construction.
``(3) Physical conditions at military installations and
other Department of Defense facilities.
``(4) Budget plans.
``(5) Adequacy of medical care for members of the armed
forces and their dependents.
``(6) Adequacy of housing and the basic allowance for
housing and basic allowance for subsistence.
``(7) Housing-related utility costs.
``(8) Educational opportunities and costs.
``(9) Length of deployments.
``(10) Rates of pay, and pay differentials between the pay
of members and the pay of civilians.
``(11) Retention and recruiting efforts.
``(12) Workplace safety.
``(13) Support services for spouses and children.
``(14) Other elements of Department of Defense programs and
Federal Government policies and programs that affect the
quality of life of members.
``(d) Submission of QQLR to Congressional Committees.--The
Secretary shall submit a report on each quadrennial quality of life
review to the Committees on Armed Services of the Senate and the House
of Representatives. The report shall be submitted not later than
September 30 of the year in which the review is conducted. The report
shall include the following:
``(1) The results of the review, including a comprehensive
discussion of how the quality of life of members of the armed
forces affects the national security strategy of the United
States.
``(2) The long-term quality of life problems of the armed
forces, together with proposed solutions.
``(3) The short-term quality of life problems of the armed
forces, together with proposed solutions.
``(4) The assumptions used in the review.
``(5) The effects of quality of life problems on the morale
of the members of the armed forces.
``(6) The quality of life problems that affect the morale
of members of the reserve components in particular, together
with solutions.
``(7) The effects of quality of life problems on military
preparedness and readiness.
``(8) The appropriate ratio of--
``(A) the total amount expended by the Department
of Defense in a fiscal year for programs, projects, and
activities designed to improve the quality of life of
members of the armed forces, to
``(B) the total amount expended by the Department
of Defense in the fiscal year.
``(e) Independent Review.--Before submitting the report on the
quadrennial quality of life review under subsection (d), the Secretary
of Defense shall make the report available for review and comment by
entities independent of the Department of Defense that are concerned
with the quality of life of members of the armed forces.
``(f) CJCS Review.--Upon the completion of each quadrennial quality
of life review, the Chairman of the Joint Chiefs of Staff shall prepare
and submit to the Secretary of Defense the Chairman's assessment of the
review, including the Chairman's assessment of the quality of life of
members of the armed forces. The Chairman's assessment shall be
submitted to the Secretary of Defense in time for the inclusion of the
assessment in the report. The Secretary shall include the Chairman's
assessment, together with the Secretary's comments, in the report in
its entirety.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``888. Quadrennial quality of life review.''. | Directs the Secretary of Defense, every four years, to conduct a comprehensive examination of the quality of life of members of the armed forces, including morale, welfare, and recreation activities and other programs and projects of the Department of Defense. | A bill to amend title 10, United States Code, to require the Secretary of Defense to carry out a quadrennial review of the quality of life in the Armed Forces, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Enlistment Opportunity Act
of 2015''.
SEC. 2. QUALIFICATIONS FOR ENLISTMENT IN THE ARMED FORCES.
(a) Additional Qualified Persons.--Paragraph (1) of subsection (b)
of section 504 of title 10, United States Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) An alien who, at the time of enlistment in an armed
force, has resided continuously in a lawful status in the
United States for at least two years.
``(D) A person who, at the time of enlistment in an armed
force, possesses an employment authorization document issued by
United States Citizenship and Immigration Services under the
requirements of the Department of Homeland Security policy
entitled `Deferred Action for Childhood Arrivals' (DACA).''.
(b) Admission to Permanent Residence of Certain Enlistees.--Such
section is further amended by adding at the end the following new
subsection:
``(c) Admission to Permanent Residence of Certain Enlistees.--(1) A
person described in subsection (b) who, at the time of enlistment in an
armed force, is not a citizen or other national of the United States or
lawfully admitted for permanent residence shall be adjusted to the
status of an alien lawfully admitted for permanent residence under the
provisions of section 249 of the Immigration and Nationality Act (8
U.S.C. 1259), except that the alien need not--
``(A) establish that he or she entered the United States
prior to January 1, 1972; and
``(B) comply with section 212(e) of such Act (8 U.S.C.
1182(e)).
``(2) The Secretary of Homeland Security shall rescind the lawful
permanent resident status of a person whose status was adjusted under
paragraph (1) if the person is separated from the armed forces under
other than honorable conditions before the person served for a period
or periods aggregating five years. Such grounds for rescission are in
addition to any other provided by law. The fact that the person was
separated from the armed forces under other than honorable conditions
shall be proved by a duly authenticated certification from the armed
force in which the person last served. The service of the person in the
armed forces shall be proved by duly authenticated copies of the
service records of the person.
``(3) Nothing in this subsection shall be construed to alter the
process prescribed by sections 328, 329, and 329A of the Immigration
and Nationality Act (8 U.S.C. 1439, 1440, 1440-1) by which a person may
naturalize through service in the armed forces.''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 504. Persons not qualified; citizenship or residency
requirements; exceptions''.
(2) Table of sections.--The table of sections at the
beginning of chapter 31 of such title is amended by striking
the item relating to section 504 and inserting the following
new item:
``504. Persons not qualified; citizenship or residency requirements;
exceptions.''.
SEC. 3. TREATMENT OF CERTAIN PERSONS AS HAVING SATISFIED ENGLISH AND
CIVICS, GOOD MORAL CHARACTER, AND HONORABLE SERVICE AND
DISCHARGE REQUIREMENTS FOR NATURALIZATION.
(a) Immigration and Nationality Act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after
section 329A (8 U.S.C. 1440-1) the following:
``SEC. 329B. PERSONS WHO HAVE RECEIVED AN AWARD FOR ENGAGEMENT IN
ACTIVE COMBAT OR ACTIVE PARTICIPATION IN COMBAT.
``(a) In General.--
``(1) In general.--For purposes of naturalization and
continuing citizenship under the following provisions of law, a
person who has received an award described in subsection (b)
shall be treated--
``(A) as having satisfied the requirements under
sections 312(a) and 316(a)(3), and subsections (b)(3),
(c), and (e) of section 328; and
``(B) except as provided in paragraph (2), under
sections 328 and 329--
``(i) as having served honorably in the
Armed Forces for (in the case of section 328) a
period or periods aggregating 1 year; and
``(ii) if separated from such service, as
having been separated under honorable
conditions.
``(2) Revocation.--Notwithstanding paragraph (1)(B), any
person who separated from the Armed Forces under other than
honorable conditions may be subject to revocation of
citizenship under section 328(f) or 329(c) if the other
requirements under such section are met.
``(b) Application.--This section shall apply with respect to the
following awards from the Armed Forces of the United States:
``(1) The Combat Infantryman Badge from the Army.
``(2) The Combat Medical Badge from the Army.
``(3) The Combat Action Badge from the Army.
``(4) The Combat Action Ribbon from the Navy, the Marine
Corps, or the Coast Guard.
``(5) The Air Force Combat Action Medal.
``(6) Any other award that the Secretary of Defense
determines to be an equivalent award for engagement in active
combat or active participation in combat.''.
(b) Clerical Amendment.--The table of contents of such Act (8
U.S.C. 1101 et seq.) is amended by inserting after the item relating to
section 329A the following:
``Sec. 329B. Persons who have received an award for engagement in
active combat or active participation in
combat.''. | Military Enlistment Opportunity Act of 2015 Amends citizenship and residency qualifications for enlistment in the U.S. Armed Forces to permit enlistment of additional persons who: (1) have resided continuously in a lawful status in the United States for at least two years, or (2) possess an employment authorization document issued by U.S. Citizenship and Immigration Services under requirements of the Department of Homeland Security (DHS) policy entitled Deferred Action for Childhood Arrivals. Requires authorized enlistees who are not citizens or other nationals of the United States or lawfully admitted for permanent residence to be adjusted to the status of an alien lawfully admitted for permanent residence under an exception to specified provisions of Immigration and Nationality Act. (Such enlistees need not establish that they entered the United States prior to January 1, 1972, or comply with other specified requirements.) Directs DHS to rescind such adjusted status if the person is separated from the armed forces under other than honorable conditions before the person served for a period or periods aggregating five years. Deems any person who has received an award from the U.S. Armed Forces for engagement in active combat or active participation in combat to have satisfied specified naturalization requirements. | Military Enlistment Opportunity Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Diverse Leadership Act of
2017''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) while significant progress has occurred due to the
antidiscrimination amendments to the Federal Reserve Act,
barriers continue to pose significant obstacles for candidates
reflective of gender diversity and racial or ethnic diversity
for Federal Reserve bank president positions in the Federal
Reserve System;
(2) the continuing barriers described in paragraph (1)
merit the following amendment;
(3) Congress has received and reviewed testimony and
documentation of the historical lack of gender, racial, and
ethnic diversity from numerous sources, including congressional
hearings, scientific reports, reports issued by public and
private agencies, news stories, and reports of related barriers
by organizations and individuals, which show that
race-, ethnicity-, and gender-neutral efforts alone are
insufficient to address the problem;
(4) the testimony and documentation described in paragraph
(3) demonstrate that barriers across the United States prove
problematic for full and fair participation in developing
monetary policy by individuals reflective of gender diversity
and racial or ethnic diversity; and
(5) the testimony and documentation described in paragraph
(3) provide a strong basis that there is a compelling need for
the below amendment to address the historical lack of gender,
racial, and ethnic diversity in the Federal Reserve regional
bank presidents selection process in the Federal Reserve
System.
SEC. 3. FEDERAL RESERVE BANK PRESIDENTS.
The provision designated ``fifth'' of the fourth undesignated
paragraph of section 4 of the Federal Reserve Act (12 U.S.C. 341) is
amended by inserting after ``employees.'' the following: ``In making
the appointment of a president, the bank shall interview at least one
individual reflective of gender diversity and one individual reflective
of racial or ethnic diversity.''.
SEC. 4. TECHNICAL ADJUSTMENTS.
(a) American Competitiveness and Workforce Improvement Act of
1998.--Section 418(b) of the American Competitiveness and Workforce
Improvement Act of 1998 (8 U.S.C. 1184 note) is amended by striking
``Chairman of the Board of Governors'' and inserting ``Chair of the
Board of Governors''.
(b) Bretton Woods Agreements Act.--The Bretton Woods Agreements Act
(22 U.S.C. 286 et seq.) is amended--
(1) in section 4(a), by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of Governors'';
and
(2) in section 45(a)(1), by striking ``chairman of the
board of Governors'' and inserting ``Chair of the Board of
Governors''.
(c) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5301 et seq.) is amended by striking ``Chairman of the Board'' each
place such term appears and inserting ``Chair of the Board''.
(d) Emergency Economic Stabilization Act of 2008.--The Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) is amended
by striking ``Chairman of the Board'' each place such term appears and
inserting ``Chair of the Board''.
(e) Emergency Loan Guarantee Act.--Section 2 of the Emergency Loan
Guarantee Act (15 U.S.C. 1841) is amended by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board of Governors''.
(f) Emergency Steel Loan Guarantee and Emergency Oil and Gas Act of
1999.--The Emergency Steel Loan Guarantee and Emergency Oil and Gas Act
of 1999 (15 U.S.C. 1841 note) is amended--
(1) in section 101(e)(2)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman,'' and inserting
``Chair,''; and
(2) in section 201(d)(2)(B)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman,'' and inserting
``Chair,''.
(g) Farm Credit Act of 1971.--Section 4.9(d)(1)(C) of the Farm
Credit Act of 1971 (12 U.S.C. 2160(d)(1)(C)) is amended by striking
``Chairman of the Board of Governors'' and inserting ``Chair of the
Board of Governors''.
(h) Federal Deposit Insurance Act.--The Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.) is amended by striking ``Chairman of the
Board of Governors'' each place such term appears and inserting ``Chair
of the Board of Governors''.
(i) Federal Reserve Act.--The Federal Reserve Act (12 U.S.C. 226 et
seq.) is amended--
(1) by striking ``chairman'' each place such term appears
and inserting ``chair'';
(2) by striking ``Chairman'' each place such term appears
other than in section 11(r)(2)(B) and inserting ``Chair'';
(3) in section 2, in the sixth undesignated paragraph--
(A) in the second sentence, by striking ``his'' and
inserting ``the Comptroller of the Currency's''; and
(B) in the third sentence, by striking ``his'' and
inserting ``the director's'';
(4) in section 4--
(A) in the third undesignated paragraph, by
striking ``his office'' and inserting ``the Office of
the Comptroller of the Currency'';
(B) in the fourth undesignated paragraph, in the
provision designated ``fifth'', by striking ``his'' and
inserting ``the person's'';
(C) in the eighth undesignated paragraph, by
striking ``his'' and inserting ``the chair's'';
(D) in the seventeenth undesignated paragraph--
(i) by striking ``his'' and inserting ``the
officer's''; and
(ii) by striking ``he'' and inserting ``the
individual'';
(E) in the twentieth undesignated paragraph--
(i) by striking ``He'' each place such term
appears and inserting ``The chair'';
(ii) in the third sentence--
(I) by striking ``his'' and
inserting ``the''; and
(II) by striking ``he'' and
inserting a comma; and
(iii) in the fifth sentence, by striking
``he'' and inserting ``the chair''; and
(F) in the twenty-first undesignated paragraph, by
striking ``his'' each place such term appears and
inserting ``the agent's'';
(5) in section 6, in the second undesignated paragraph, by
striking ``he'' and inserting ``the Comptroller of the
Currency'';
(6) in section 9A(c)(2)(C), by striking ``he'' and
inserting ``the participant'';
(7) in section 10--
(A) by striking ``he'' each place such term appears
and inserting ``the member'';
(B) in the second undesignated paragraph. by
striking ``his'' and inserting ``the member's''; and
(C) in the fourth undesignated paragraph--
(i) in the second sentence, by striking
``his'' and inserting ``the chair's'';
(ii) in the fifth sentence, by striking
``his'' and inserting ``the member's''; and
(iii) in the sixth sentence, by striking
``his'' and inserting ``the member's'';
(8) in section 12, by striking ``his'' and inserting ``the
member's'';
(9) in section 13, in the eleventh undesignated paragraph,
by striking ``his'' and inserting ``the assured's'';
(10) in section 16--
(A) by striking ``he'' each place such term appears
and inserting ``the agent'';
(B) in the seventh undesignated paragraph--
(i) by striking ``his'' and inserting ``the
agent's''; and
(ii) by striking ``himself'' and inserting
``the agent'';
(C) in the tenth undesignated paragraph, by
striking ``his'' and inserting ``the Secretary's''; and
(D) in the fifteenth undesignated paragraph, by
striking ``his'' and inserting ``the agent's'';
(11) in section 18, in the eighth undesignated paragraph,
by striking ``he'' and inserting ``the Secretary of the
Treasury'';
(12) in section 22--
(A) in subsection (f), by striking ``his'' and
inserting ``the director's or officer's''; and
(B) in subsection (g)--
(i) in paragraph (1)(D)--
(I) by striking ``him'' and
inserting ``the officer''; and
(II) by striking ``he'' and
inserting ``the officer''; and
(ii) in paragraph (2)(A), by striking ``him
as his'' and inserting ``the officer as the
officer's''; and
(13) in section 25A--
(A) in the twelfth undesignated paragraph--
(i) by striking ``he'' each place such term
appears and inserting ``the member''; and
(ii) by striking ``his'' and inserting
``the member's'';
(B) in the fourteenth undesignated paragraph, by
striking ``his'' and inserting ``the director's or
officer's''; and
(C) in the twenty-second undesignated paragraph, by
striking ``his'' each place such term appears and
inserting ``such individual's''.
(j) Federal Reserve Reform Act of 1977.--Section 204(b) of the
Federal Reserve Reform Act of 1977 (12 U.S.C. 242 note) is amended by
striking ``Chairman or Vice Chairman of the Board of Governors'' and
inserting ``Chair or Vice Chair of the Board of Governors''.
(k) Financial Institutions Reform, Recovery, and Enforcement Act of
1989.--The Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 is amended--
(1) in section 308 (12 U.S.C. 1463 note)--
(A) in subsection (a), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the
Board of Governors''; and
(B) in subsection (c), by striking ``Chairman of
the Board of Governors'' and inserting ``Chair of the
Board of Governors'';
(2) in section 1001(a) (12 U.S.C. 1811 note), by striking
``Chairman of the Board of Governors'' and inserting ``Chair of
the Board of Governors''; and
(3) in section 1205(b)(1)(A) (12 U.S.C. 1818 note)--
(A) by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of
Governors''; and
(B) by striking ``Chairman's'' and inserting
``Chair's''.
(l) Food, Conservation, and Energy Act of 2008.--Section 13106(a)
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2 note) is
amended by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''.
(m) Housing and Community Development Act of 1992.--Section
1313(a)(3) of the Housing and Community Development Act of 1992 (12
U.S.C. 4513(a)(3)) is amended--
(1) in the heading, by striking ``chairman'' and inserting
``chair'';
(2) by striking ``Chairman of the Board of Governors'' each
place such term appears and inserting ``Chair of the Board of
Governors''; and
(3) by striking ``Chairman regarding'' and inserting
``Chair regarding''.
(n) Inspector General Act of 1978.--Section 8G of the Inspector
General Act of 1978 is amended by striking ``Chairman of the Board of
Governors'' each place such term appears and inserting ``Chair of the
Board of Governors''.
(o) International Lending Supervision Act of 1983.--Section
908(b)(3)(C) of the International Lending Supervision Act of 1983 (12
U.S.C. 3907(b)(3)(C)) is amended by striking ``Chairman of the Board of
Governors'' and inserting ``Chair of the Board of Governors''.
(p) Neighborhood Reinvestment Corporation Act.--Section 604(a)(3)
of the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8103(a)(3))
is amended by striking ``Chairman'' each place it appears and inserting
``Chair''.
(q) Public Law 93-495.--Section 202(a)(1) of Public Law 93-495 (12
U.S.C. 2402(a)(1)) is amended--
(1) by striking ``Chairman of the Board of Governors'' and
inserting ``Chair of the Board of Governors''; and
(2) by striking ``his'' and inserting ``the Chair's''.
(r) Sarbanes-Oxley Act of 2002.--Section 101(e)(4)(A) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7211(e)(4)(A)) is amended by
striking ``Chairman of the Board of Governors'' and inserting ``Chair
of the Board of Governors''.
(s) Securities Exchange Act of 1934.--Section 17A(f)(4)(C) of the
Securities Exchange Act of 1934 (15 U.S.C. 78q-1(f)(4)(C)) is amended
by striking ``Chairman of the Board of Governors'' and inserting
``Chair of the Board of Governors''.
(t) Title 31.--Title 31, United States Code, is amended--
(1) in section 1344(b)(7), by striking ``Chairman of the
Board of Governors'' and inserting ``Chair of the Board of
Governors''; and
(2) in section 5318A, by striking ``Chairman of the Board
of Governors'' each place such term appears and inserting
``Chair of the Board of Governors''.
(u) Trade Act of 1974.--Section 163(b)(3) of the Trade Act of 1974
(19 U.S.C. 2213(b)(3)) is amended by striking ``Chairman of the Board
of Governors'' and inserting ``Chair of the Board of Governors''.
(v) Deeming of Name.--Any reference in a law, regulation, document,
paper, or other record of the United States to the Chairman of the
Board of Governors of the Federal Reserve System shall be deemed to be
a reference to the Chair of the Board of Governors of the Federal
Reserve System. | Ensuring Diverse Leadership Act of 2017 This bill amends the Federal Reserve Act to require that in making the appointment of a president, a Federal Reserve Bank must interview at least one individual reflective of gender diversity and one reflective of racial or ethnic diversity. The bill amends numerous banking-, finance-, and trade-related Acts to make references to officials (including those to the Chairman of the Board of Governors of the Federal Reserve System) gender-neutral. | Ensuring Diverse Leadership Act of 2017 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``White Sands Fair Compensation Act of
1995''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The White Sands Missile Range, New Mexico, is an
installation that is vital to the national security interests
of the United States.
(2) The United States established the Range during World
War II, and, in doing so, temporarily displacing ranchers and
miners who owned land within the boundaries of the Range or
whose livelihood depended on such land.
(3) These ranchers and miners made a significant
contribution to the effort of the United States to win World
War II and to the post-war national defense program by vacating
land within the Range at the request of the United States
Government.
(4) In 1975, all land within the Range was permanently
taken by the United States Government.
(5) The United States Government has never fully
compensated ranchers and miners who owned land within the
boundaries of the Range or whose livelihood depended on such
land for the value of the land and claims taken by the
Government.
(6) The method utilized by the United States Government to
compensate such ranchers differs from the method utilized by
the Government to compensate ranchers during the taking of land
in the area in New Mexico that became the McGregor Range and
Extension Area of the Fort Bliss Military Reservation, Texas.
Ranchers owning property in that were fully compensated for
their ranches as operating units, including the carrying
capacity of public domain lands associated with such ranches.
(7) Though the Legacy Fellowship Program in Natural and
Cultural Resource Management established by section 328 of
Public Law 102-484, the Department of Defense is sponsoring a
5-year research project on the historical significance of
ranching in the area that is now the White Sands Missile Range.
(8) The United States Government has an obligation to pay
full compensation to ranchers and miners who owned land within
the boundaries of the Range or whose livelihood depended on
such land for the value of the land and claims that were taken
by the Government.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established in the Department of
Defense a commission to be known as the White Sands Fair Compensation
Commission (hereafter in this section referred to as the
``Commission'').
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of nine members appointed by the Secretary of Defense
as follows--
(A) one shall be an employee of the Department of
Defense;
(B) one shall be an employee of the Department of
the Interior who shall be appointed from among
individuals recommended by the Secretary of the
Interior;
(C) five shall be individuals appointed from among
individuals recommended by the Senators and
Representatives from the State of New Mexico, with one
individual appointed from among the recommendations of
each such Senator and Representative; and
(D) two shall be individuals appointed from among
individuals recommended by the Governor of New Mexico.
(2) Expertise.--The Secretary shall, to maximum extent
practicable, make appointments under this subsection from among
individuals recommended to the Secretary who are present or
former residents of the State of New Mexico and who have an
expertise in matters of agricultural economics or the history
of the establishment of the White Sands Missile Range, New
Mexico.
(c) Terms and Vacancies.--Members of the Commission shall be
appointed for the life of the Commission. Any vacancy in the Commission
shall not affect its powers but shall be filled in the same manner as
the original appointment.
(d) Compensation.--
(1) In general.--Except as provided in paragraph (2),
members of the Commission shall serve without pay or
compensation.
(2) Travel expenses.--Each member 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.
(e) Officers.--The members of the Commission shall elect the
chairman of the Commission and any other officers that may be required
for the Commission. The term of office of an officer of the Commission
shall be established by the members of the Commission.
(f) Quorum.--Five members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(g) Bylaws.--The Commission may make such bylaws, rules, and
regulations as it considers necessary to carry out its functions.
(h) Administrative Support.--The Secretary shall provide the
Commission with such professional and technical support, clerical staff
and services, and administrative support as the Secretary determines
necessary for the Commission to carry out its responsibilities under
this Act. Amounts required by the Secretary to carry out this
subsection shall be paid from funds appropriated under section 5(a).
(i) Termination.--The Commission shall terminate on the date that
is 14 months after the completion of the evaluations by the Commission
of the claims submitted to the Commission under section 4.
SEC. 4. EVALUATION AND PAYMENT OF CLAIMS FOR COMPENSATION FOR TAKINGS
RELATING TO WHITE SANDS MISSILE RANGE.
(a) In General.--Claims for compensation for takings of property
associated with the establishment of the White Sands Missile Range, New
Mexico, shall be evaluated, and payments of such compensation made, in
accordance with this section.
(b) Submittal of Claims.--
(1) In general.--Subject to paragraph (3), any individual
described in paragraph (2) may submit to the White Sands Fair
Compensation Commission a claim for full compensation for the
taking of such individual's property as a result of the
establishment of the White Sands Missile Range.
(2) Eligible individuals.--The following individuals may
submit claims under this subsection:
(A) Individuals--
(i) who--
(I) owned real property that was
taken by the United States for the
purpose of establishing the area now
known as the White Sands Missile Range,
New Mexico; and
(II) engaged in ranching activities
on the real property at the time of the
taking; and
(ii) who claim that the amount paid by the
United States in 1975 in compensation for the
taking was not full compensation for the value
of the property at the time of the taking.
(B) Individuals who--
(i) possessed a mining claim in real
property that was so taken; and
(ii) claim that the amount paid by the
United States in 1975 in compensation for the
taking was not full compensation for value of
the mining claim at the time of the taking.
(C) Heirs or assigns of the individuals described
in subparagraphs (A) and (B).
(3) Deadline for claims.--A claim shall be submitted under
this subsection not later than the end of the 14-month period
beginning on the date of the enactment of this Act.
(c) Evaluation of Claims.--
(1) In general.--The Commission shall evaluate each claim
submitted under this section. In evaluating a claim, the
Commission shall--
(A) determine whether or not the individual
submitting the claim is eligible to submit the claim;
(B) if the individual is so eligible, determine
whether or not the amount paid by the United States to
the individual in 1975 for the real property or mining
claim of the individual, as the case may be, was full
compensation for the value of the real property or
mining claim at the time of the taking;
(C) if the amount so paid is determined not to have
been such full compensation, determine the amount that
would constitute such full compensation; and
(D) notify the individual and the Secretary of
Defense of the determinations.
(2) Rules for valuation of real property.--In determining
the value of real property under paragraph (1)(B), the
Commission--
(A) shall utilize established precedents for the
valuation of real property in New Mexico that is
similar to the real property subject to valuation;
(B) shall take into account the value, if any,
added to the real property by Federal grazing permits
associated with the real property; and
(C) may not take into account any lease payments
paid by the United States Government with respect to
the real property between 1942 and 1975.
(3) Priority of evaluation.--The Commission shall give
priority in the order of evaluating claims under this
subsection to claims submitted by individuals who owned the
real property subject to the claims continuously from 1941
until the taking of the real property in 1975.
(d) Appeal.--
(1) In general.--An individual submitting a claim under
this section may appeal a determination of the Commission under
subparagraph (B) or (C) of subsection (c)(1) by submitting a
notice of appeal of the determination to the Secretary of
Defense. An individual shall submit the appeal not later than
30 days after receiving notice of the determination under
subparagraph (D) of such subsection.
(2) Review.--The Secretary shall review each appeal
submitted to the Secretary under this subsection. The Secretary
shall complete the review not later than 60 days after the date
of receiving the appeal.
(3) Relief.--Subject to paragraph (4), upon completion of
the review of an appeal under this subsection, the Secretary
shall--
(A) uphold the determination of the Commission; or
(B) establish an amount that is appropriate to
provide full compensation to the individual submitting
the appeal for the value of the real property or mining
claim, as the case may be, of the individual that was
taken by the United States Government.
(4) Limitation on adjustment of compensation.--The amount
of compensation established by the Secretary for a claim on
appeal under paragraph (3)(B) may not be less than the amount
of compensation determined by the Commission for the claim
under subsection (c)(1).
(5) Notification.--The Secretary shall notify each
individual submitting an appeal under this subsection of the
decision of the Secretary under paragraph (3).
(6) Finality of decision.--The decision of the Secretary
under paragraph (3) shall not be subject to judicial review.
(e) Payment of Compensation.--
(1) Payment.--Subject to paragraph (2), upon upholding the
determination of the Commission with respect to a claim under
paragraph (3)(A) of subsection (d) or establishing an
appropriate amount of compensation with respect to the claim
under paragraph (3)(B) of that subsection, the Secretary of
Defense shall pay to the individual submitting the claim the
amount, if any, that is so upheld or established, as the case
may be.
(2) Payment subject to availability of appropriations.--The
Secretary may make payments under this subsection in a fiscal
year only to the extent that funds are appropriated for such
purpose in advance in an appropriations Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization for Activities of Commission.--There are
authorized to be appropriated such sums as may be necessary for the
payment of the cost of the activities of the White Sands Fair
Compensation Commission under this Act. Such sums shall be available
for expenditure until the termination of the Commission under section
3(i).
(b) Authorization for Payment of Claims.--There is authorized to be
appropriated $20,300,000 for the purposes of payment of claims under
section 4. Such amount shall remain available until expended. | White Sands Fair Compensation Act of 1995 - Establishes in the Department of Defense (DOD) the White Sands Fair Compensation Commission. Provides for claims to the Commission for full compensation for the taking by DOD for use as the White Sands Missile Range of property of individuals who were engaged in ranching activities at the time of the taking or who possessed a mining claim in such property and who claim that the amount paid for such taking was not full compensation. Requires claims to be filed within 14 months after the enactment of this Act. Provides for: (1) Commission evaluation of claims; (2) rules for the valuation of real property involved; (3) priority in claim evaluation for individuals owning the property continuously from 1941 until the taking of the property in 1975; (4) appellate and notification procedures; and (5) payment by the Secretary of Defense of appropriate amounts to such individuals. Terminates the Commission 14 months after the completion of all evaluations. Authorizes appropriations for: (1) Commission activities; and (2) the payment of claims. | White Sands Fair Compensation Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Parents to Fight Drugs
Act of 1998''.
SEC. 2. GRANT AUTHORIZATION.
(a) State Grants.--The Secretary is authorized to provide grants to
State educational agencies to enable each local educational agency in
the State to develop and implement a random drug testing program for
students in grades 7 through 12.
(b) Local Subgrants.--Each State educational agency that receives a
grant award under this Act shall award not less than 99.75 of such
amount to provide subgrants to local educational agencies.
(c) State Application.--Any State educational agency desiring to
receive a grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner as the
Secretary may require.
SEC. 3. ALLOCATION.
(a) In General.--
(1) State allocation.--Except as provided in subsection
(b)(1), from the total amount appropriated pursuant to section
7 in any fiscal year, the Secretary shall allocate to each
State educational agency an amount that bears the same ratio to
such total amount as the number of students enrolled in grades
7 through 12 in such State in the preceding fiscal year bears
to the total number of such students for all States for that
fiscal year.
(2) Local allocation.--Except as provided in subsection
(b)(2), of the remaining amounts appropriated pursuant to
section 7 in any fiscal year, the State shall allocate to each
local educational agency an amount that bears the same ratio to
such remaining amount as the number of students enrolled in
grades 7 through 12 in such agency bears to the total number of
such students for all local educational agencies in the State
for that fiscal year.
(b) Administrative Costs.--
(1) Secretary.--The Secretary may reserve the lesser of
$200,000 or 0.10 percent of the total amount appropriated to
carry out this Act in each fiscal year for the costs of
administration.
(2) State educational agencies.--Each State educational
agency may reserve not more than 0.25 percent of any grant
funds received under this Act in each fiscal year for the costs
of administration.
(3) Local educational agencies.--Each local educational
agency may reserve not more than 5 percent of any grant funds
received under this Act in each fiscal year for the costs of
administration.
SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES.
(a) In General.--Each local educational agency that receives a
grant under this Act shall certify to the State educational agency
that--
(1) funds received under this Act shall be used in
accordance with subsection (b);
(2) the agency shall develop a plan to implement a drug
testing program; and
(3) before implementation, any drug testing plan or
subsequent amendment to such plan shall be considered a public
document and made available to the public for review, not later
than 30 days after such plan or amendment is available.
(b) Uses of Funds.--
(1) Required uses of funds.--A local educational agency
that receives a grant under this Act shall, either directly or
through contract with outside sources, provide for a drug test
of each student in grades 7 through 12 not less than once each
year. Such test shall, at a minimum, include a drug screening
for marijuana, amphetamines, phencyclidine (PCP), opiates, and
cocaine.
(2) Optional uses of funds.--After a local educational
agency has complied with the requirements of paragraph (1), the
agency may use any remaining funds available for the following:
(A) Law enforcement assistance.--To contract with
local law enforcement agencies to assist in drug
detection in schools, including the use of drug sniffing dogs.
(B) Additional tests.--To test students more than
once during a school year.
SEC. 5. GENERAL REQUIREMENTS.
(a) Reporting of Test Results.--Each local educational agency that
receives funds under this Act shall inform parents in detail about the
random testing program and ensure that--
(1) at the beginning of each school year, parents are
notified of their right to withdraw their child from
participation in the random drug testing program; and
(2) parents receive, on a timely basis, the positive
results of any drug test of a child who participates in the
program.
(b) Confidentiality.--The local educational agency shall develop
and enforce standards designed to protect the confidentiality of all
student test results.
(c) Medical Review Officer.--
(1) In general.--Each local educational agency that
receives a grant under this Act shall provide, either directly
or through contract, for a medical review officer.
(2) Duties.--Each medical review officer shall be
designated to receive all test results.
(A) First positive result.--In the case of the
first positive test result of a student, the medical
review officer shall be responsible to inform only
parents by making every attempt feasible to meet with
the parents of such student and inform the parents of
the results and resources and services of
rehabilitation and education available in the
community.
(B) Consecutive positive results.--In the case of a
student who has 2 or more consecutive positive test
results, the medical review officer shall be
responsible to inform parents and school officials who
shall determine the appropriate action for the student
based on school policy.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``medical review officer'' means a licensed
physician (medical doctor or doctor of osteopathy) responsible
for receiving laboratory results generated by a local
educational agency's drug testing program who has knowledge of
substance abuse disorders and has appropriate medical training
to interpret and evaluate a student's confirmed positive test
result together with the student's medical history and any
other relevant biomedical information;
(2) the term ``parent'' includes a legal guardian or other
person standing in loco parentis;
(3) the term ``Secretary'' means the Secretary of
Education; and
(4) the term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, and Guam.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act for each of fiscal years 1999 through
2003.
SEC. 8. AMENDMENT TO ESEA.
(a) Amendment.--Part E of title XIV of the Elementary and Secondary
Education Act of 1965 is amended by adding at the end the following:
``SEC. 14515. RANDOM DRUG TESTING.
``Any local educational agency that receives funds under this Act
shall implement a drug testing program that meets the requirements of
the ``Empowering Parents to Fight Drugs Act of 1998.''.
(b) Effective Date.--A local educational agency shall implement a
drug testing program referred to in section 14515 of the Elementary and
Secondary Education Act of 1965 not later than the school year
beginning 1 year after the date of the enactment of this Act. | Empowering Parents to Fight Drugs Act of 1998 - Authorizes the Secretary of Education to make grants to State educational agencies (SEAs) to enable each local educational agency (LEA) to develop and implement a random drug testing program for students in grades seven through 12.
Sets forth requirements for State and local allocations and administrative costs.
Requires LEAs receiving grants to make certain certifications to SEAs.
Sets forth required and optional uses of grant funds.
Requires LEAs receiving such grant funds to inform parents about: (1) the random drug testing program, in detail; (2) their right to withdraw their child from such program; and (3) any positive results of a drug test of their child. Requires such LEAs to provide for confidentiality of drug test results.
Requires a medical review officer provided by the LEA to: (1) receive all test results; (2) inform only the student's parents after a first positive result, and attempt to meet with them to discuss the results and available community rehabilitation and education resources and services; and (3) after two or more positive results, inform parents and school officials who shall determine appropriate action for the student based on school policy.
Authorizes appropriations.
Amends the Elementary and Secondary Act of 1965 (ESEA) to require any LEA that receives ESEA funds to implement a drug testing program that meets the requirements of this Act. | Empowering Parents to Fight Drugs Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let Seniors Work Act of 2017''.
SEC. 2. ELIMINATION OF PAYROLL TAX FOR INDIVIDUALS WHO HAVE ATTAINED
RETIREMENT AGE.
(a) In General.--Section 230 of the Social Security Act (42 U.S.C.
430) is amended--
(1) in subsection (a), by striking ``subsection (b) or
(c)'' and inserting ``subsection (b), (c), or (e)'',
(2) in subsection (b), by striking ``subsection (c)'' and
inserting ``subsections (c) and (e)'', and
(3) by adding at the end the following new subsection:
``(e) Notwithstanding any other provision of law, the contribution
and benefit base determined under this section for any calendar year
after 2017 for any individual who has attained retirement age (as
defined in section 216(l)(1)) shall be reduced to zero.''.
(b) Effective Date.--The amendments made by this section shall
apply to remuneration paid in any calendar year after 2017.
SEC. 3. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK.
(a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and
(k) of section 203 of the Social Security Act (42 U.S.C. 403) are
repealed.
(b) Conforming Amendments.--Section 203 of such Act (as amended by
subsection (a)) is further amended--
(1) in subsection (c), by redesignating such subsection as
subsection (b), and--
(A) by striking ``Noncovered Work Outside the
United States or'' in the heading;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (1), (2), and (3), respectively;
(C) by striking ``For purposes of paragraphs (2),
(3), and (4)'' and inserting ``For purposes of
paragraphs (1), (2), and (3)''; and
(D) by striking the last sentence;
(2) in subsection (e), by redesignating such subsection as
subsection (c), and by striking ``subsections (c) and (d)'' and
inserting ``subsection (b)'';
(3) in subsection (g), by redesignating such subsection as
subsection (d), and by striking ``subsection (c)'' each place
it appears and inserting ``subsection (b)''; and
(4) in subsection (l), by redesignating such subsection as
subsection (e), and by striking ``subsection (g) or (h)(1)(A)''
and inserting ``subsection (d)''.
SEC. 4. ADDITIONAL CONFORMING AMENDMENTS.
(a) Provisions Relating to Benefits Terminated Upon Deportation.--
Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is
amended by striking ``Section 203 (b), (c), and (d)'' and inserting
``Section 203(b)''.
(b) Provisions Relating to Exemptions From Reductions Based on
Early Retirement.--
(1) Section 202(q)(5)(B) of such Act (42 U.S.C.
402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and
inserting ``section 203(b)(1)''.
(2) Section 202(q)(7)(A) of such Act (42 U.S.C.
402(q)(7)(A)) is amended by striking ``deductions under section
203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting
``deductions on account of work under section 203 or deductions
under section 222(b)''.
(c) Provisions Relating to Exemptions From Reductions Based on
Disregard of Certain Entitlements to Child's Insurance Benefits.--
(1) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is
amended by striking ``paragraphs (2), (3), and (4) of section
203(c)'' and inserting ``paragraphs (1), (2), and (3) of
section 203(b)''.
(2) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is
amended by striking ``The last sentence of subsection (c) of
section 203, subsection (f)(1)(C) of section 203, and
subsections'' and inserting ``Subsections''.
(d) Provisions Relating to Suspension of Aliens' Benefits.--Section
202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking
``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''.
(e) Provisions Relating to Reductions in Benefits Based on Maximum
Benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C.
403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c),
and (d)'' and inserting ``and subsection (b)''.
(f) Provisions Relating to Penalties for Misrepresentations
Concerning Earnings for Periods Subject to Deductions on Account of
Work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is
amended by striking ``under section 203(f) of this title for purposes
of deductions from benefits'' and inserting ``under section 203 for
purposes of deductions from benefits on account of work''.
(g) Provisions Taking Into Account Earnings in Determining Benefit
Computation Years.--Clause (I) in the next to last sentence of section
215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by
striking ``no earnings as described in section 203(f)(5) in such year''
and inserting ``no wages, and no net earnings from self-employment (in
excess of net loss from self-employment), in such year''.
(h) Provisions Relating to Rounding of Benefits.--Section 215(g) of
such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction
under section 203(b)''.
(i) Provisions Relating to Earnings Taken Into Account in
Determining Substantial Gainful Activity of Blind Individuals.--The
second sentence of section 223(d)(4)(A) of such Act (42 U.S.C.
423(d)(4)(A)) is amended by striking ``if section 102 of the Senior
Citizens Right to Work Act of 1996 had not been enacted'' and inserting
the following: ``if the amendments to section 203 made by section 102
of the Senior Citizens Right to Work Act of 1996 and by the Let Seniors
Work Act of 2017 had not been enacted''.
(j) Provisions Defining Income for Purposes of SSI.--Section
1612(a) of such Act (42 U.S.C. 1382a(a)) is amended--
(1) by striking ``as determined under section
203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined
in the last two sentences of this subsection''; and
(2) by adding at the end (after and below paragraph (2)(H))
the following:
``For purposes of paragraph (1)(A), the term `wages' means wages as
defined in section 209, but computed without regard to the limitations
as to amounts of remuneration specified in paragraphs (1), (6)(B),
(6)(C), (7)(B), and (8) of section 209(a). In making the computation
under the preceding sentence, (A) services which do not constitute
employment as defined in section 210, performed within the United
States by an individual as an employee or performed outside the United
States in the active military or naval services of the United States,
shall be deemed to be employment as so defined if the remuneration for
such services is not includible in computing the individual's net
earnings or net loss from self-employment for purposes of title II, and
(B) the term `wages' shall be deemed not to include (i) the amount of
any payment made to, or on behalf of, an employee or any of his or her
dependents (including any amount paid by an employer for insurance or
annuities, or into a fund, to provide for any such payment) on account
of retirement, or (ii) any payment or series of payments by an employer
to an employee or any of his or her dependents upon or after the
termination of the employee's employment relationship because of
retirement after attaining an age specified in a plan referred to in
section 209(a)(11)(B) or in a pension plan of the employer.''.
(k) Repeal of Deductions on Account of Work Under the Railroad
Retirement Program.--
(1) In general.--Section 2 of the Railroad Retirement Act
of 1974 (45 U.S.C. 231a) is amended--
(A) by striking subsection (f); and
(B) by striking subsection (g)(2) and by
redesignating subsection (g)(1) as subsection (g).
(2) Conforming amendments.--
(A) Section 3(f)(1) of such Act (45 U.S.C.
231b(f)(1)) is amended in the first sentence by
striking ``before any reductions under the provisions
of section 2(f) of this Act,''.
(B) Section 4(g)(2) of such Act (45 U.S.C.
231c(g)(2)) is amended--
(i) in clause (i), by striking ``shall,
before any deductions under section 2(g) of
this Act,'' and inserting ``shall''; and
(ii) in clause (ii), by striking ``any
deductions under section 2(g) of this Act and
before''.
SEC. 5. EFFECTIVE DATE.
The amendments and repeals made by sections 3 and 4 of this Act
shall apply with respect to taxable years ending on or after the date
of the enactment of this Act. | Let Seniors Work Act of 2017 This bill amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to: (1) eliminate the federal payroll tax with respect to the earnings of an individual who has attained retirement age, and (2) remove limitations on the amount of outside income that an OASDI beneficiary may earn without incurring a reduction in benefits. | Let Seniors Work Act of 2017 |
SECTION 1. APPLICATION OF INFORMATION DISCLOSURE REQUIREMENTS TO
CONGRESS.
(a) In General.--Notwithstanding any other provision of law, and
subject to the amendments made by this Act, the provisions of section
552 of title 5, United States Code (popularly known as the ``Freedom of
Information Act''), shall apply to the legislative branch.
(b) Conforming Amendment.--Section 551(1)(A) of title 5, United
States Code (relating to the exclusion of the Congress from, among
other matters, laws requiring the disclosure of public information), is
amended to read as follows:
``(A) except as that term is used in section 552,
the Congress;''.
SEC. 2. SPECIAL RULES REGARDING APPLICATION OF INFORMATION DISCLOSURE
REQUIREMENTS TO LEGISLATIVE BRANCH.
(a) Authority to Decide Complaints.--Section 552(a)(4) of title 5,
United States Code, is amended--
(1) in subparagraph (B) in the first sentence by inserting
before the period the following: ``, except that in the case of
a complaint against an agency in the legislative branch a
member of the Disclosure Review Board selected under subsection
(g)(2) shall have that jurisdiction'';
(2) in subparagraph (E) by striking ``The court'' and
inserting ``The court or member of the Disclosure Review
Board''; and
(3) by striking ``the court'' each place it appears and
inserting ``the court or member of the Disclosure Review
Board''.
(b) Procedures for Deciding Complaints.--Section 552 of title 5,
United States Code (relating to the disclosure of public information),
is amended by adding at the end the following new subsections:
``(g)(1) There is established in the legislative branch of the
Federal Government a board to be known as the Disclosure Review Board.
Each member of the Board shall have the jurisdiction to hear and
determine claims certified under subsection (i)(4)(B) to the Board and
referred to such member, in accordance with rules issued under
subsection (m), for hearing and determination.
``(2)(A) Members of the Board shall be appointed from among
individuals who are retired from Federal service as administrative law
judges appointed under section 3105, as follows:
``(i) 3 members shall be appointed by the Speaker of the
House of Representatives.
``(ii) 3 members shall be appointed by the minority leader
of the House of Representatives.
``(iii) 3 members shall be appointed by the majority leader
of the Senate.
``(iv) 3 members shall be appointed by the minority leader
of the Senate.
``(B) Any individual so appointed shall serve on the Board for a
term of 2 years and may be reappointed to the Board. Any member of the
board who is hearing and determining any claim under this section at
the time the term of such member expires may continue to serve as a
member of the Board until such individual concludes the determination
of such claim.
``(3)(A) For any claim in a complaint under subsection (b)(4)(B)
filed with the Disclosure Review Board alleging a failure by a Member
of Congress or any individual on the personal staff of a Member of
Congress to make available information, records, or other material
required by this section to be made available, one of the members of
the Board shall be selected as follows to hear and determine the claims
alleged in such complaint which are certified under subsection
(i)(4)(B):
``(i) If such Member of Congress belongs to the majority
party of the House of Congress to which such Member belongs,
then the minority leader of such House of Congress shall select
the member of the Board to hear and determine such claim.
``(ii) If such Member of Congress belongs to the minority
party of the House of Congress to which such Member belongs,
then the Speaker of the House of Representatives (if such
Member belongs to the House of Representatives) or the majority
leader of the Senate (if such Member belongs to the Senate)
shall select the member of the Board to hear and determine such
claim.
``(B) If a claim in a complaint filed under subsection (b) alleges
that a committee of Congress (other than a joint committee), an agency
established in a House of Congress, or any individual on the staff of
such committee or agency has failed to make available information,
records, or other material required by this section to be made
available, then one of the members of the Board shall be selected as
follows to hear and determine the claims alleged in such complaint
which are certified under subsection (i)(4)(B):
``(i) If such committee or agency is established in the
House of Representatives, then the Speaker of the House of
Representatives shall select the member of the Board to hear
and determine such claim.
``(ii) If such committee or agency is established in the
Senate, then the majority leader of the Senate shall select a
member of the Board to hear and determine such claim.
``(C) If a claim in a complaint filed under subsection (b) alleges
that a joint committee of Congress, an agency established in the
legislative branch of the Federal Government (other than an agency
established in a House of Congress), or any individual on the staff of
such committee or agency has failed to make available information,
records, or other material required by this section to be made
available, then the Speaker of the House of Representatives shall
select a member of the Board to hear and determine such claim.
``(4) The offices of the Board shall be in the District of
Columbia. There shall be detailed to the Board such employees of the
Congress as the Board may require to carry out its duties under this
section.
``(h)(1) The Board shall designate one of its members (other than
any Special Hearing Member) to serve for a term of 1 year as the
Complaint Referral Officer. The Complaint Referral Officer may not hear
or determine any claim in a complaint referred under paragraph (2) to
such Officer.
``(2) Except as provided in subparagraph (B), each complaint filed
with the Board in accordance with subsection (b) shall be referred
immediately to the Complaint Referral Officer.
``(3) Not later than 15 days after a complaint filed in accordance
with subsection (b)(4) is received by the Board, the Complaint Referral
Officer shall appoint an individual (other than a member of the Board)
to serve as the Investigating Counsel with respect to such complaint
and shall refer such complaint to such Investigating Counsel.
``(i)(1) Each individual appointed under subsection (d)(3) as
Investigating Counsel shall meet the qualifications for appointment as
a United States magistrate specified in subsections (b), (c), and (d)
of section 631 of title 28.
``(2)(A) An Investigating Counsel shall comply with the
requirements for service applicable to part-time United States
magistrates specified in section 632(b) of title 28.
``(B) If the appointment of an Investigating Counsel is terminated
by reason of resignation, death, or removal from office, the Complaint
Referral Officer shall appoint another individual as Investigating
Counsel to complete the work of the Investigating Counsel who so
resigned, died, or was removed.
``(C) An Investigating Counsel may be removed from office only by
the Complaint Referral Officer and only for good cause, physical
disability, mental incapacity, or any other condition that
substantially impairs the performance of such Investigating Counsel's
duties.
``(3) Not earlier than 45 days, and not later than 90 days, after
receiving a complaint referred under paragraph (2), the Investigating
Counsel involved shall conduct a thorough investigation of each
unresolved claim therein alleging a failure to make available material
required by this section to be made available and shall determine
whether there is reasonable cause to believe any such claim is true.
For purposes of conducting such investigation, such Investigating
Counsel shall have investigative powers of the types vested in the
Equal Employment Opportunity Commission by section 709(a) of the Civil
Rights Act of 1964.
``(4)(A) If such Investigating Counsel determines that there is
reasonable cause to believe any such claim is true, then such
Investigating Counsel shall attempt to secure from the defendant and
the person that filed the complaint making the claim, during the 30-day
period beginning on the date of such determination, an agreement to
make available the material that is the subject of the complaint.
``(B) If such Investigating Counsel is unable to secure such
agreement with respect to any such claim, then such Investigating
Counsel shall certify to the Board for hearing and determination each
claim with respect to which such reasonable cause is found.
``(5)(A) Each Investigating Counsel appointed under this subsection
shall be paid at the daily equivalent of the annual rate of basic pay
payable from time to time for level IV of the Executive Schedule under
section 5315 for each day (including traveltime) during which such
Investigating Counsel is engaged in the actual performance of duties
under this subsection.
``(B)(i) If the complaint with respect to which an Investigating
Counsel is appointed is based on an alleged failure by the Congress to
make available material, then the Investigating Counsel shall be paid
compensation in connection with such complaint from the contingent fund
of the House of Congress (upon vouchers approved by the Clerk of the
House of Representatives or the Secretary of the Senate in which the
failure occurred.
``(ii) If the complaint with respect to which an Investigating
Counsel is appointed is based on an alleged failure to make available
material by an agency or unit of the legislative branch of the Federal
Government (other than the Congress), then the Investigating Counsel
shall be paid compensation in connection with such complaint by such
agency or unit from funds available to such agency or unit.
``(j)(1) The member of the Board, to whom a claim is referred under
subsection (g) for hearing and determination shall make such
determination as promptly as possible and, insofar as practicable, not
later than 180 days after the date the Board received the complaint
involved.
``(2)(A) Each determination made by the Board or a member of the
Board shall be in writing. In the case of a determination made by a
member of the Board to dispose of any claim in such complaint, such
member shall file with the Board a written report containing such
member's findings of fact and conclusions of law with respect to such
claim.
``(B) If such member finds that the defendant has failed to make
available material that is required by this section to be made
available, then such member shall submit to the Board, and the Board
shall issue, an order for relief which compels the defendant to do one
or more of the following, as appropriate, for the benefit of the person
that filed the complaint:
``(i) Make available the information, record, or other
material that is the subject of the complaint, on such terms
and conditions as determined to be appropriate.
``(ii) Pay compensatory damages.
``(iii) Pay the fees and allowances of witnesses in the
same manner as is provided in section 1821 of title 28, and pay
a reasonable attorney's fee.
``(C) Any payment ordered under subparagraph (B) with respect to a
violation of this section by a Member of Congress, a committee of
Congress, or an officer or employee of Congress shall be paid from the
contingent fund of the appropriate House of Congress, upon vouchers
approved by the Clerk of the House of Representatives or the Secretary
of the Senate, as the case may be.
``(3)(A) Any member of the Board may issue subpoenas requiring the
attendance and testimony of witnesses and the production of any
evidence that relates to a complaint pending before the Board. Such
attendance of witnesses and production of evidence may be required from
any place within the United States. Any member of the Board may
administer oaths and affirmations.
``(B) If a person issued a subpoena under subparagraph (A) refuses
to obey such subpoena or is guilty of contumacy, the district court of
the United States for the District of Columbia or the district court of
the United States for the judicial district within which such person is
found or resides, or transacts business may, upon application by the
Board, order such person to appear before the appropriate member of the
Board to produce evidence or to give testimony relating to such
complaint. Any failure to obey such order of the court may be punished
by such court as a contempt thereof.
``(C) Subpoenas issued by members of the Board shall be served in
the manner provided for subpoenas issued by a United States district
courts under the Federal Rules of Civil Procedure.
``(D) All process of any court to which application may be made
under this subsection may be served in the judicial district in which
the person required to be served resides, is found, or transacts
business.
``(E) For purposes of sections 6002 and 6004 of title 18, the Board
shall be considered to be an agency of the United States.
``(4)(A) Except as otherwise provided in this section, rules 7, 8,
9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28, 29,
30, 31, 32, 34, 35, 36, 37, 43, and 50 of the Federal Rules of Civil
Procedure shall apply with respect to complaints filed under subsection
(b)(1).
``(B) The Federal Rules of Evidence shall apply with respect to the
hearing and determination of claims by the Board.
``(5)(A) Notwithstanding any other provision of law, none of the
records of the Board relating to a complaint filed under subsection
(b)(1) may be disclosed to the public by the Board or by any court or
agency of the United States until the conclusion of any judicial review
of the order issued by the Board disposing of such complaint or the
expiration of any period allowed by law to seek such review, whichever
occurs later.
``(B) No determination made by the Supreme Court of the United
States, the Court of Appeals for the District of Columbia Circuit, the
Board (or any member of the Board), or the Investigating Counsel with
respect to any claim alleging a violation of this section is admissible
in evidence in any administrative or judicial proceeding other than a
proceeding authorized by law to review a determination made under this
section by the Board (or any member of the Board) or the Court of
Appeals for the District of Columbia Circuit.
``(6)(A) Any person who files a complaint under subsection
(b)(4)(B) may attend, and may be represented by an attorney at, any
hearing conducted under this subsection with respect to such complaint.
``(B)(i) Except as provided in clause (ii), if such individual
resides more than 100 miles from the place where such hearing is held,
then such individual shall be reimbursed by the defendant for any
actual and reasonable costs incurred by such individual to attend such
hearing.
``(ii) If such complaint is filed with respect to a failure by the
Congress to make available materials, then such reimbursement shall be
paid from the contingent fund of the appropriate House of Congress,
upon vouchers approved by the Clerk of the House of Representatives or
the Secretary of the Senate, as the case may be.
``(k)(1) Chapter 7 shall apply with respect to judicial review of
orders of the Board.
``(2) The United States Court of Appeals for the District of
Columbia Circuit shall have jurisdiction to review and to enjoin, set
aside, suspend, modify, and enforce the orders of the Board.
``(3) Any person who is a party to a proceeding in which the Board
issues an order may seek review of such order by filing in the United
States Court of Appeals for the District of Columbia Circuit
(hereinafter in this subsection referred to as the `court'), not later
than 60 days after the date such order is entered by the Board, a
written petition for review. A copy of the petition shall be
transmitted by the clerk of the court to the Board, and, upon receipt
of such copy the Board shall file with the court the record in the
proceeding, in the manner provided in section 2112 of title 28.
``(4)(A) In any judicial proceeding to review an order of the
Board, if any party--
``(i) applies to the court for leave to adduce additional
evidence; and
``(ii) shows to the satisfaction of the court that--
``(I) such additional evidence is material; and
``(II) reasonable grounds exist for the failure to
adduce such evidence in the proceeding before the
Board;
the court may order such additional evidence (and evidence in rebuttal
thereof) to be taken before the Board, in such manner and upon such
terms as the court considers to be appropriate.
``(B) The Board may modify its findings of fact, or make new
findings of fact, by reason of the additional evidence so taken, and
shall file any such modified or new findings, together with any
recommendations for the modification or setting aside of the original
order of the Board.
``(C) The findings of fact of the Board may be set aside only if
not supported by substantial evidence.
``(5) In any judicial proceeding to review an order of the Board,
the court may remand, on its own motion, the case to the Board for such
further action as the court may require.
``(6) In any action or proceeding under this section the court, in
its discretion, may allow the prevailing party, a reasonable attorney's
fee as part of the costs, and the United States shall be liable for
costs the same as a private person.
``(l) Each member of the Board appointed under this section shall
submit written reports at least annually to the Committee on Standards
of Official Conduct of the House of Representatives and to the Senate
Select Committee on Ethics describing the pending complaints referred
to such member for determination and any determinations made by such
member disposing of complaints during the reporting period involved.
``(m) The Board may issue rules of practice and procedure to carry
out this section.
``(n)(1) Any right to relief under this section shall be in
addition to, and not in lieu of, any right to relief under any other
law.
``(2) No claim arising with respect to conduct which if true would
constitute a violation of this section may proceed in any court of the
United States if with respect to such conduct a claim by the same
claimant then is pending before the Board.''.
HR 3394 IH----2 | Applies the Freedom of Information Act to the legislative branch.
Establishes the Disclosure Review Board in the legislative branch to decide complaints relating to disclosure of information withheld by a legislative agency. Requires Board members to be appointed by the Speaker and minority leader of the House of Representatives and the minority and majority leaders of the Senate from among Federal retired administrative law judges.
Authorizes a Board member to assess reasonable attorney's fees and other litigation costs incurred in any case in which the complainant substantially prevails under this Act against the United States.
Requires the Board to designate one of its members to serve a one-year term as the Complaint Referral Officer. Requires such officer to appoint individuals to serve as Investigation Counsels to investigate and determine unresolved complaints received alleging failure by the legislative agency to make material available as required by this Act and to determine whether there is reasonable cause to believe that any such complaint is true. Requires the Investigation Counsel to meet U.S. magistrate qualifications. | To amend title 5, United States Code, to require disclosure of information by the Congress. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Supply Chain Transparency
on Trafficking and Slavery Act of 2015''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In 2014, the Department of Labor identified 136 goods
from 74 countries around the world made by forced labor and
child labor.
(2) The United States is the world's largest importer, and
in the 21st century, investors, consumers, and broader civil
society increasingly demand information about the human rights
impact of products in the United States market.
(3) Courts have ruled that consumers do not have standing
to bring a civil action in United States courts for enforcement
of a provision in the Smoot Hawley Tariff Act of 1930
prohibiting importation of goods made with forced labor or
convict labor, and furthermore, the provision has a broad
exception for goods that cannot be produced in the United
States in sufficient quantities to meet the demands of American
consumers from tainted goods, consequently, there are fewer
than 40 enforcement actions on record in the past 80 years.
(4) Mechanisms under Federal law to prevent and punish
perpetrators of forced labor, slavery, human trafficking, and
the worst forms of child labor in the stream of commerce suffer
from problems of limited scope, broad expectations, and lack of
available information about goods that are produced along
supply chains tainted by these crimes and imported by the
United States.
(5) The Trafficking Victims Protection Reauthorization Act
of 2003 (Public Law 108-193) together with the Trafficking
Victims Protection Act of 2005 (Public Law 109-164) provide for
the termination of Federal contracts where a Federal contractor
or subcontractor engages in severe forms of trafficking in
persons or has procured a commercial sex act during the period
of time that the grant, contract, or cooperative agreement is
in effect, or uses forced labor in the performance of the
grant, contract, or cooperative agreement. The Trafficking
Victims Protection Act of 2005 also provides United States
courts with criminal jurisdiction abroad over Federal
employees, contractors, or subcontractors who participate in
severe forms of trafficking in persons or forced labor.
(6) Executive Order 13126, Prohibition of Acquisition of
Products Produced by Forced or Indentured Child Labor,
Executive Order 13627, Strengthening Protections Against
Trafficking In Persons In Federal Contracts, and title XVII of
the National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239) have prohibited Federal contractors,
subcontractors, and their employees from engaging in the
following trafficking-related activities: charging labor
recruitment fees; confiscating passports and other identity
documents of workers; and using fraudulent recruitment
practices, including failing to disclose basic information or
making material misrepresentations about the terms and
conditions of employment. Such Executive order and Acts also
require Federal contractors, subcontractors, and their
employees to maintain an anti-trafficking compliance plan that
includes, among other elements, a complaint mechanism and
procedures to prevent subcontractors at any tier in the supply
chain from engaging in trafficking in persons.
(b) Sense of Congress.--It is the sense of Congress that--
(1) forced labor, slavery, human trafficking, and the worst
forms of child labor are among the most egregious forms of
abuse that humans commit against each other, for the sake of
commercial profit;
(2) the legislative and regulatory framework to prevent
goods produced by forced labor, slavery, human trafficking, and
the worst forms of child labor from passing into the stream of
commerce in the United States is gravely inadequate;
(3) legislation is necessary to provide consumers
information on products that are free of child labor, forced
labor, slavery, and human trafficking; and
(4) through publicly available disclosures, businesses and
consumers can avoid inadvertently promoting or sanctioning
these crimes through production and purchase of raw materials,
goods and finished products that have been tainted in the
supply chains.
SEC. 3. DISCLOSURE OF INFORMATION RELATING TO EFFORTS TO COMBAT THE USE
OF FORCED LABOR, SLAVERY, TRAFFICKING IN PERSONS, OR THE
WORST FORMS OF CHILD LABOR.
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following new subsection:
``(s) Disclosures Relating to Efforts To Combat the Use of Forced
Labor, Slavery, Trafficking in Persons, or the Worst Forms of Child
Labor.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of the Business Supply Chain Transparency on
Trafficking and Slavery Act of 2015, the Commission, in
consultation with the Secretary of State, shall promulgate
regulations to require that any covered issuer required to file
reports with the Commission under this section to include
annually in such reports, a disclosure whether the covered
issuer has taken any measures during the year for which such
reporting is required to identify and address conditions of
forced labor, slavery, human trafficking, and the worst forms
of child labor within the covered issuer's supply chain, and a
description of such measures taken. Such disclosure shall
include, under the heading `Policies to Address Forced Labor,
Slavery, Human Trafficking, and the Worst Forms of Child
Labor', information describing to what extent, if any, the
covered issuer conducts any of the following activities:
``(A) Whether the covered issuer maintains a policy
to identify and eliminate the risks of forced labor,
slavery, human trafficking, and the worst forms of
child labor within the covered issuer's supply chain
(such disclosure to include the text of the policy or
substantive description of the elements of the policy),
and actions the covered issuer has taken pursuant to or
in the absence of such policy.
``(B) Whether the covered issuer maintains a policy
prohibiting its employees and employees of entities
associated with its supply chain from engaging in
commercial sex acts with a minor.
``(C) The efforts of the covered issuer to evaluate
and address the risks of forced labor, slavery, human
trafficking, and the worst forms of child labor in the
product supply chain. If such efforts have been made,
such disclosure shall--
``(i) describe any risks identified within
the supply chain, and the measures taken toward
eliminating those risks;
``(ii) specify whether the evaluation was
or was not conducted by a third party;
``(iii) specify whether the process
includes consultation with the independent
labor organizations (as such term is defined in
section 2 of the National Labor Relations Act
(29 U.S.C. 152)), workers' associations, or
workers within workplaces and incorporates the
resulting input or written comments from such
independent labor organizations, workers'
associations, or workers and if so, the
disclosure shall describe the entities
consulted and specify the method of such
consultation; and
``(iv) specify the extent to which the
process covers entities within the supply
chain, including entities upstream in the
product supply chain and entities across lines
of products or services throughout the covered
issuer's product manufacturing.
``(D) The efforts of the covered issuer to ensure
that audits of suppliers within the supply chain of the
covered issuer are conducted to--
``(i) investigate the working conditions
and labor practices of such suppliers;
``(ii) verify whether such suppliers have
in place appropriate systems to identify risks
of forced labor, slavery, human trafficking,
and the worst forms of child labor within their
own supply chain; and
``(iii) evaluate whether such systems are
in compliance with the policies of the covered
issuer or efforts in absence of such policies.
``(E) The efforts of the covered issuer to--
``(i) require suppliers in the supply chain
to attest that the manufacture of materials
incorporated into any product and the
recruitment of labor are carried out in
compliance with the laws regarding forced
labor, slavery, human trafficking, and the
worst forms of child labor;
``(ii) maintain internal accountability
standards, supply chain management, and
procurement systems, and reporting procedures
for employees, suppliers, contractors, or other
entities within its supply chain failing to
meet the covered issuer's standards regarding
forced labor, slavery, human trafficking, and
the worst forms of child labor, including a
description of such standards, systems, and
procedures;
``(iii) train the employees and management
who have direct responsibility for supply chain
management on issues related to forced labor,
slavery, human trafficking, and the worst forms
of child labor, particularly with respect to
mitigating risks within the supply chains of
products; and
``(iv) ensure that labor recruitment
practices at all suppliers associated with the
supply chain comply with the covered issuer's
policies or efforts in absence of such policies
for eliminating exploitive labor practices that
contribute to forced labor, slavery, human
trafficking, and the worst forms of child
labor, including by complying with audits of
labor recruiters and disclosing the results of
such audits.
``(F) The efforts of the covered issuer in cases
where forced labor, slavery, human trafficking, and the
worst forms of child labor have been identified within
the supply chain, to ensure that remedial action is
provided to those who have identified as victims,
including support for programs designed to prevent the
recurrence of those events within the industry or
sector in which they have been identified.
``(2) Requirements for availability of information.--
``(A) Disclosure on company website.--The
regulations promulgated under paragraph (1) shall
require that the required information be disclosed by
the covered issuer on the Internet website of the
covered issuer through a conspicuous and easily
understandable link to the relevant information that
shall be labeled `Global Supply Chain Transparency'.
``(B) Disclosure on commission website.--The
Commission shall make available to the public in a
searchable format on the Commission's website--
``(i) a list of covered issuers required to
disclose any measures taken by the company to
identify and address conditions of forced
labor, slavery, human trafficking, and the
worst forms of child labor within the covered
issuer's supply chain, as required by this
subsection; and
``(ii) a compilation of the information
submitted under the rules issued under
paragraph (1).
``(3) Definitions.--As used in this subsection--
``(A) the term `covered issuer' means an issuer
that has annual worldwide global receipts in excess of
$100,000,000;
``(B) the terms `forced labor', `slavery', and
`human trafficking' mean any labor practice or human
trafficking activity in violation of national and
international standards, including International Labor
Organization Convention No. 182, the Trafficking
Victims Protection Act of 2000 (Public Law 106-386),
and acts that would violate the criminal provisions
related to slavery and human trafficking under chapter
77 of title 18, United States Code, if they had been
committed within the jurisdiction of the United States;
``(C) the term `remedial action' mean the
activities or systems that an issuer puts in place to
address non-compliance identified through monitoring or
verification, and may apply to individuals adversely
affected by the non-compliant conduct or address
broader systematic processes;
``(D) the term `supply chain', with respect to a
covered issuer disclosing the information required
under the regulations promulgated under this section,
means all labor recruiters, suppliers of products,
component parts of products, and raw materials used by
such entity in the manufacturing of such entity's
products whether or not such entity has a direct
relationship with the supplier; and
``(E) the term `the worst forms of child labor'
means child labor in violation of national and
international standards, including International Labor
Organization Convention No. 182.''. | Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 This bill expresses the sense of Congress that: (1) legislation is necessary to provide consumers information on products that are free of child labor, forced labor, slavery, and human trafficking; and (2) businesses and consumers, by means of publicly available disclosures, can avoid inadvertently promoting or sanctioning these crimes through production and purchase of raw materials, goods, and finished products that have been tainted in the supply chains. The bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), within one year after enactment of this Act, to promulgate regulations requiring any covered issuer of a registered security to include in its mandatory annual report a disclosure of whether the issuer has taken any measures during the year to identify and address conditions of forced labor, slavery, human trafficking, and the worst forms of child labor within the issuer's supply chains. The term "covered issuer" means an issuer that has annual worldwide global receipts in excess of $100 million. The regulations shall mandate that the required information be disclosed on such issuer's Internet website through a conspicuous and easily understandable link to the relevant information labeled "Global Supply Chain Transparency." The SEC must make available to the public in a searchable format on its website: (1) a list of covered issuers required to disclose such information, and (2) a compilation of the information disclosed. | Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Government Lease
Agreement Act''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Indian tribal government'' means the
governing body of any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native
village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement
Act, which is recognized as eligible for the special programs
and services provided by the United States to Indians because
of their status as Indians.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Fund'' means the Fund established by section
4.
(4) The term ``account'' means an account within the Fund
established on behalf of an Indian tribal government in
connection with a lease agreement entered into by that tribal
government pursuant to section 3.
(5) The term ``essential governmental function'' means any
function carried out by, or on behalf of, an Indian tribal
government involving the planning, design, construction,
repair, improvement, and expansion of education facilities.
SEC. 3. SELF-DETERMINATION AGREEMENTS.
(a) Purpose.--The Secretary is authorized, under section 102 of the
Indian Self-Determination and Education Assistance Act, to enter into
lease agreements with Indian tribal governments pursuant to which the
Secretary agrees to lease, for a period of years, facilities
constructed by any such tribal government for use in carrying out an
essential governmental function.
(b) Terms.--Any lease agreement shall include such terms and
conditions as the Secretary determines necessary or appropriate to
assure that the proceeds from bonds, sold by an Indian tribal
government for the purpose of constructing a facility to be covered by
such lease agreement, will be used only in the manner, and for the
purposes, approved by the Secretary.
(c) Indian Priority List.--In determining which Indian tribal
government may enter into a lease agreement under this Act, the
Secretary shall follow the Education Facilities Construction Priority
list as of fiscal year 1993 or as thereafter modified.
SEC. 4. THE TRIBAL GOVERNMENT LEASE FUND.
(a) Establishment.--There is established in the Treasury of the
United States the Tribal Government Lease Fund. Each Indian tribal
government having a lease agreement under this Act shall have an
account in such Fund.
(b) Contents of Fund.--There shall be deposited in the appropriate
accounts within the Fund the following:
(1) Moneys appropriated to the accounts for payments in
connection with lease agreements under this Act.
(2) Income and gains realized by the account from any
investment of excess funds, and the obligations or securities
comprising such investments within such account.
(3) Any other receipts of such account.
(c) Excess Funds Investment.--If the Secretary of the Interior
determines that the amount of money in any such account exceeds the
amount required for current needs, the Secretary of the Treasury, at
the request of the Secretary of the Interior, may invest such amounts
as the Secretary of the Treasury deems advisable in obligations of, or
obligations guaranteed by, the Government of the United States, or in
such other governmental or agency obligations or other securities of
the United States as he deems appropriate.
(d) Depository.--The Secretary of the Treasury may deposit moneys
of the Fund with any Federal Reserve bank, any depository for public
funds, or in such other places and in such manner as the Secretary of
the Treasury deems appropriate.
(e) Uses.--Moneys in each account within the Fund shall be
administered by the Secretary in order--
(1) to effect the payment, when due, of the principal of,
and any interest on, bonds issued by the tribal government
having such account in connection with a facility covered by a
lease agreement under this Act;
(2) to redeem such bonds; and
(3) to make payment of all expenses incurred by the Indian
tribal government in carrying out its duties with respect to
its account within the Fund.
SEC. 5. AUTHORIZATION OF APPROPRIATION TO THE FUND; APPROPRIATIONS.
Moneys in such Fund, together with all moneys hereafter deposited
in such Fund, are hereby appropriated for the purposes of this Act and
shall remain available until expended. For fiscal year 1994, and each
fiscal year thereafter, there are authorized to be appropriated, to
each of the appropriate accounts in the Fund, such sums as may be
necessary to make payments under lease agreements under this Act, and
to carry out the other provisions of this Act.
SEC. 6. FULL FAITH AND CREDIT.
Any bond issued by an Indian tribal government after the date of
the enactment of this Act the proceeds of which are used for the
construction of a facility covered by a lease agreement under this Act
shall constitute general obligations of the United States of America
backed by the full faith and credit of the United States of America.
SEC. 7. AUDIT OF TRANSACTIONS.
(a) In General.--The Comptroller General of the United States is
authorized to audit the operations of each of the accounts within the
Fund in accordance with such rules and regulations as he may prescribe.
Any such audit shall be conducted at the place or places where accounts
of the Fund are normally kept. The representatives of the Comptroller
General shall have access to all books, accounts, records, reports,
files and other papers, things, or property belonging to, or in use by
or in connection with the Fund, or the Indian tribal government which
pertain to the financial transactions of the Fund and which are
necessary to facilitate an audit. Such representatives shall be
afforded full facilities for verifying transactions with the balances
or securities held by depositories, fiscal agents, and custodians. All
such books, accounts, records, reports, files, papers, things, and
property shall remain in the possession and custody of the Fund, or the
Indian tribal government, as the case may be.
(b) Access to Information.--The representatives of the Comptroller
General shall have access to all books, accounts, records, reports,
files, and other papers, things, or property belonging to or in use by
any person or entity which has entered into a financial transaction
with or involving the Fund, or the Indian tribal government, under this
Act, to the extent deemed necessary by the Comptroller General to
facilitate any audit of financial transactions pursuant to subsection
(a) of this section. Such representatives shall be afforded full
facilities for verifying transactions with the balances or securities
held by depositories, fiscal agents, and custodians. All such property
of such person or entity shall, to the extent practicable, remain in
the possession and custody of such person or entity.
(c) Report.--The Comptroller General shall make a report of each
such audit to the Congress. Such report shall contain all comments and
information which the Comptroller General deems necessary to inform
Congress of the financial operations and conditions of the Fund and any
recommendations which he deems advisable. Such report shall indicate
specifically and describe in detail any program, expenditure, or other
financial transaction or undertaking observed in the course of such
audit which the Comptroller General deems to have been carried on or
made without lawful authority or which is inconsistent with the
purposes and provisions of this Act. A copy of such report shall be
furnished to the President, the Secretary and the appropriate Indian
tribal governments under this Act at the time it is submitted to the
Congress. | Indian Tribal Government Lease Agreement Act - Authorizes the Secretary of the Interior to enter into facility lease agreements with Indian tribal governments for use in carrying out essential governmental functions.
Establishes in the Treasury the Tribal Government Lease Fund. | Indian Tribal Government Lease Agreement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Income to Respond to
Significant Transitions Insurance Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Nearly every industrialized nation other than the
United States, and most developing nations, provide parents
with paid leave for infant care.
(2)(A) Parents' interactions with their infants have a
major influence on the physical, cognitive, and social
development of the infants; and
(B) optimal development of an infant depends on a strong
attachment between an infant and the infant's parents.
(3) Nearly two-thirds of employees, who need to take family
or medical leave, but do not take the leave, report that they
cannot afford to take the leave.
(4) Although some employees in the United States receive
wage replacement during periods of family or medical leave, the
benefit of wage replacement is not shared equally in the
workforce, as demonstrated by the fact that--
(A) employees with less education and lower income
are less likely to receive wage replacement than
employees with more education and higher salaries; and
(B) female employees, employees from racial
minority groups, and younger employees are slightly
less likely to receive wage replacement than male
employees, white employees, and older employees,
respectively.
(5) In order to cope financially with taking family or
medical leave, of persons taking that leave without full wage
replacement--
(A) 40 percent cut their leave short;
(B) 39 percent put off paying bills;
(C) 25 percent borrowed money; and
(D) 9 percent obtained public assistance.
(6) Taking family or medical leave often drives employees
earning low wages into poverty, and 21 percent of such low-wage
employees who take family or medical leave without full wage
replacement resort to public assistance.
(7) Studies document shortages in the supply of infant
care, and that the shortages are expected to worsen as welfare
reform measures are implemented.
(8) Compared to 30 years ago, families have experienced an
average decrease of 22 hours per week in time that parents
spend with their children.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to establish a demonstration program that supports the
efforts of States and political subdivisions to provide partial
or full wage replacement, often referred to as FIRST insurance,
to new parents so that the new parents are able to spend time
with a new infant or newly adopted child, and to other
employees; and
(2) to learn about the most effective mechanisms for
providing the wage replacement assistance.
SEC. 4. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Labor, acting after consultation with the Secretary of
Health and Human Services.
(2) Son or daughter; state.--The terms ``son or daughter''
and ``State'' have the meanings given the terms in section 101
of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611).
SEC. 5. DEMONSTRATION PROJECTS.
(a) Grants.--The Secretary shall make grants to eligible entities
to pay for the Federal share of the cost of carrying out projects that
assist families by providing, through various mechanisms, wage
replacement for eligible individuals responding to caregiving needs
resulting from the birth or adoption of a son or daughter or other
family caregiving needs. The Secretary shall make the grants for
periods of 5 years.
(b) Eligible Entities.--To be eligible to receive a grant under
this section, an entity shall be a State or political subdivision of a
State.
(c) Use of Funds.--
(1) In general.--An entity that receives a grant under this
section may use the funds made available through the grant to
provide partial or full wage replacement as described in
subsection (a) to eligible individuals--
(A) directly;
(B) through an insurance program, such as a State
temporary disability insurance program or the State
unemployment compensation benefit program;
(C) through a private disability or other insurance
plan, or another mechanism provided by a private
employer; or
(D) through another mechanism.
(2) Administrative costs.--No entity may use more than 10
percent of the total funds made available through the grant
during the 5-year period of the grant to pay for the
administrative costs relating to a project described in
subsection (a).
(d) Eligible Individuals.--To be eligible to receive wage
replacement under subsection (a), an individual shall--
(1) meet such eligibility criteria as the eligible entity
providing the wage replacement may specify in an application
described in subsection (e); and
(2) be--
(A) an individual who is taking leave, under the
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.), other Federal, State, or local law, or a private
plan, for a reason described in subparagraph (A) or (B)
of section 102(a)(1) of the Family and Medical Leave
Act of 1993 (29 U.S.C. 2612(a)(1));
(B) at the option of the eligible entity, an
individual who--
(i) is taking leave, under that Act, other
Federal, State, or local law, or a private
plan, for a reason described in subparagraph
(C) or (D) of section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1)); or
(ii) leaves employment because the
individual has elected to care for a son or
daughter under age one; or
(C) at the option of the eligible entity, an
individual with other characteristics specified by the
eligible entity in an application described in
subsection (e).
(e) Application.--To be eligible to receive a grant under this
section, an entity shall submit an application to the Secretary, at
such time, in such manner, and containing such information as the
Secretary may require, including, at a minimum--
(1) a plan for the project to be carried out with the
grant;
(2) information demonstrating that the applicant consulted
representatives of employers and employees, including labor
organizations, in developing the plan;
(3) estimates of the costs and benefits of the project;
(4)(A) information on the number and type of families to be
covered by the project, and the extent of such coverage in the
area served under the grant; and
(B) information on any criteria or characteristics that the
entity will use to determine whether an individual is eligible
for wage replacement under subsection (a), as described in
paragraphs (1) and (2)(C) of subsection (d);
(5) if the project will expand on State and private systems
of wage replacement for eligible individuals, information on
the manner in which the project will expand on the systems;
(6) information demonstrating the manner in which the wage
replacement assistance provided through the project will assist
families in which an individual takes leave as described in
subsection (d)(1); and
(7) an assurance that the applicant will participate in
efforts to evaluate the effectiveness of the project.
(f) Selection Criteria.--In selecting entities to receive grants
for projects under this section, the Secretary shall--
(1) take into consideration--
(A) the scope of the proposed projects;
(B) the cost-effectiveness, feasibility, and
financial soundness of the proposed projects;
(C) the extent to which the proposed projects would
expand access to wage replacement in response to family
caregiving needs, particularly for low-wage employees,
in the area served by the grant; and
(D) the benefits that would be offered to families
and children through the proposed projects; and
(2) to the extent feasible, select entities proposing
projects that utilize diverse mechanisms, including expansion
of State unemployment compensation benefit programs and
establishment or expansion of State temporary disability
insurance programs, to provide the wage replacement.
(g) Federal Share.--
(1) In general.--The Federal share of the cost described in
subsection (a) shall be--
(A) 50 percent for the first year of the grant
period;
(B) 40 percent for the second year of that period;
(C) 30 percent for the third year of that period;
and
(D) 20 percent for each subsequent year.
(2) Non-federal share.--The non-Federal share of the cost
may be in cash or in kind, fairly evaluated, including plant,
equipment, and services and may be provided from State, local,
or private sources, or Federal sources other than this Act.
(h) Supplement Not Supplant.--Funds appropriated pursuant to the
authority of this Act shall be used to supplement and not supplant
other Federal, State, and local public funds and private funds expended
to provide wage replacement.
(i) Effect on Existing Rights.--Nothing in this Act shall be
construed to supersede, preempt, or otherwise infringe on the
provisions of any collective bargaining agreement or any employment
benefit program or plan that provides greater rights to employees than
the rights established under this Act.
SEC. 6. EVALUATIONS AND REPORTS.
(a) Available Funds.--The Secretary shall use not more than 2
percent of the funds made available under section 5 to carry out this
section.
(b) Evaluations.--The Secretary shall, directly or by contract,
evaluate the effectiveness of projects carried out with grants made
under section 5, including conducting--
(1) research relating to the projects, including research
comparing--
(A) the scope of the projects, including the type
of insurance or other wage replacement mechanism used,
the method of financing used, the eligibility
requirements, the level of the wage replacement benefit
provided (such as the percentage of salary replaced),
and the length of the benefit provided, for the
projects;
(B) the utilization of the projects, including the
characteristics of individuals who benefit from the
projects, particularly low-wage workers, and factors
that determine the ability of eligible individuals to
obtain wage replacement through the projects; and
(C) the costs of and savings achieved by the
projects, including the cost-effectiveness of the
projects and their benefits for children and families;
(2) analysis of the overall need for wage replacement; and
(3) analysis of the impact of the projects on the overall
availability of wage replacement.
(c) Reports.--
(1) Initial report.--Not later than 3 years after the
beginning of the grant period for the first grant made under
section 5, the Secretary shall prepare and submit to Congress a
report that contains information resulting from the evaluations
conducted under subsection (b).
(2) Subsequent reports.--Not later than 4 years after the
beginning of that grant period, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
contains--
(A) information resulting from the evaluations
conducted under subsection (b); and
(B) usage data for the demonstration projects, for
the most recent year for which data are available.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$400,000,000 for fiscal year 2002 and such sums as may be necessary for
each subsequent fiscal year. | Family Income to Respond to Significant Transitions Insurance Act - Directs the Secretary of Labor to make grants to a State or local government to pay for the Federal share of the cost of carrying out projects that assist families by providing wage replacement for eligible individuals who are responding to caregiving needs resulting from the birth or adoption of a son or daughter or other family caregiving needs. | To establish demonstration projects to provide family income to respond to significant transitions, and for other purposes. |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF INDUSTRIAL
NITROCELLULOSE FROM THE UNITED KINGDOM.
(a) Liquidation or Reliquidation of Entries.--Notwithstanding
sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and
1520), or any other provision of law, U.S. Customs and Border
Protection shall, not later than 90 days after the date of the
enactment of this Act--
(1) reliquidate the entries listed in subsection (b) at the
final antidumping duty assessment rate of 3.43 percent, as
determined by Department of Commerce during the administrative
review pertaining to those entries; and
(2) refund to the importer of record the amount of excess
antidumping duty collected as a result of the liquidation of
those entries and the assessment of antidumping duties at the
``as entered'' rate of 18.49 percent, including interest
thereon, in accordance with sections 737(b) and 778 of the
Tariff Act of 1930 (19 U.S.C. 1673f(b) and 1677g).
(b) Affected Entries.--The entries referred to in subsection (a)
are as follows:
----------------------------------------------------------------------------------------------------------------
Entry number Date of entry Port
----------------------------------------------------------------------------------------------------------------
91608255286 06/26/2000 Houston
91608285753 07/04/2000 Houston
91608258504 07/20/2000 Houston
91608285761 07/04/2000 Houston
91608259700 07/25/2000 Houston
91608260724 08/01/2000 Houston
91608263405 08/12/2000 Houston
91608264429 08/28/2000 Houston
91608266135 08/31/2000 Houston
91608267364 09/06/2000 Houston
91608271382 09/27/2000 Houston
91608272976 10/05/2000 Houston
91608273735 10/12/2000 Houston
91608276662 10/23/2000 Houston
91608278700 10/30/2000 Houston
91608276654 10/23/2000 Houston
91608279567 11/07/2000 Houston
91608279559 11/08/2000 Houston
91608282322 11/20/2000 Houston
91608285242 12/09/2000 Houston
91608286935 12/16/2000 Houston
91608286950 12/16/2000 Houston
91608288428 12/19/2000 Houston
91608289392 12/28/2000 Houston
91608290499 01/02/2001 Houston
91608290507 01/02/2001 Houston
91608293717 01/24/2001 Houston
91608293709 01/24/2001 Houston
91608296868 02/06/2001 Houston
91608294640 01/30/2001 Houston
91610450040 02/19/2001 Houston
91610455031 03/06/2001 Houston
91510455015 03/06/2001 Houston
91610459223 03/26/2001 Houston
91610462052 04/06/2001 Houston
91610462037 04/10/2001 Houston
91610466665 04/22/2001 Houston
91610460619 04/06/2001 Houston
91610469669 05/09/2001 Houston
91610470600 05/12/2001 Houston
91610470402 05/12/2001 Houston
91610474149 05/30/2001 Houston
91610477019 06/12/2001 Houston
91610475385 06/04/2001 Houston
91610479650 06/25/2001 Houston
91608255013 06/22/2000 Norfolk
91608254990 06/22/2000 Norfolk
91608257498 07/09/2000 Norfolk
91608259189 07/15/2000 Norfolk
91608260708 07/16/2000 Norfolk
91608260716 07/29/2000 Norfolk
91608263272 08/08/2000 Norfolk
91608263421 08/12/2000 Norfolk
91608264718 08/14/2000 Norfolk
91608265145 08/18/2000 Norfolk
91608265392 08/18/2000 Norfolk
91608265384 08/18/2000 Norfolk
91608266127 08/25/2000 Norfolk
91608266119 08/25/2000 Norfolk
91608268933 09/08/2000 Norfolk
91608266283 09/01/2000 Norfolk
91608268925 09/08/2000 Norfolk
91608268966 09/08/2000 Norfolk
91608269865 09/15/2000 Norfolk
91608272182 09/22/2000 Norfolk
91608270988 09/15/2000 Norfolk
91608272406 09/22/2000 Norfolk
91608272984 09/30/2000 Norfolk
91608273727 09/30/2000 Norfolk
91608273792 10/06/2000 Norfolk
91608277702 10/18/2000 Norfolk
91608278239 10/24/2000 Norfolk
91608275334 10/14/2000 Norfolk
91608277595 10/21/2000 Norfolk
91608279591 11/01/2000 Norfolk
91608279831 11/13/2000 Norfolk
91608282314 11/15/2000 Norfolk
91608285028 11/30/2000 Norfolk
91608279181 11/30/2000 Norfolk
91609981393 12/15/2000 Norfolk
91608289400 12/23/2000 Norfolk
91608290515 12/29/2000 Norfolk
91608293402 01/16/2001 Norfolk
91608299045 02/08/2001 Norfolk
91608299029 02/08/2001 Norfolk
91610450438 02/15/2001 Norfolk
91610453739 02/28/2001 Norfolk
91610453754 02/28/2001 Norfolk
91610461088 03/27/2001 Norfolk
91610465063 04/17/2001 Norfolk
91610467440 04/24/2001 Norfolk
91610468562 05/01/2001 Norfolk
91610474115 05/23/2001 Norfolk
91610474289 06/05/2001 Norfolk
91610478389 06/13/2001 Norfolk
---------------------------------------------------------------------------------------------------------------- | Provides for the reliquidation of, and refund of collected excess antidumping duties (including interest) to the importer of record on, certain entries of industrial nitrocellulose. | To provide for the reliquidation of certain entries of industrial nitrocellulose. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Enforcement for Local Lands
Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered law enforcement agency.--The term ``covered law
enforcement agency'' means--
(A) the Forest Service Law Enforcement and
Investigations unit; and
(B) the Bureau of Land Management Office of Law
Enforcement.
(2) Federal land.--The term ``Federal land'' means--
(A) any land and interest in land owned by the
United States within a State and included within the
National Forest System, including the National
Grasslands; and
(B) the public lands (as defined in section 103(e)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1702(e)).
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
Federal land described in subparagraph (A) of paragraph
(2); and
(B) the Secretary of the Interior, with respect to
Federal land described in subparagraph (B) of paragraph
(2).
(4) State.--The term ``State'' means each of the several
States and the Commonwealth of Puerto Rico.
(5) Unit of local government.--The term ``unit of local
government'' means--
(A) any city, county, township, town, borough,
parish, village, or other general purpose political
subdivision of a State; or
(B) an Indian tribe which performs law enforcement
or emergency response functions as determined by the
Secretary of the Interior.
SEC. 3. TERMINATION OF FOREST SERVICE AND BUREAU OF LAND MANAGEMENT
AGENCY LAW ENFORCEMENT AGENCIES AND LAW ENFORCEMENT
FUNCTIONS.
(a) Forest Service.--Not later than September 30, 2017, the
Secretary of Agriculture shall terminate the Forest Service Law
Enforcement and Investigations unit and cease using employees of the
Forest Service to perform law enforcement functions on Federal land.
(b) Department of the Interior.--Not later than September 30, 2017,
the Secretary of the Interior shall terminate the Bureau of Land
Management Office of Law Enforcement and cease using employees of the
Department of the Interior to perform law enforcement functions on
Federal land.
(c) Termination of Authorization of Appropriations.--Beginning with
fiscal year 2018 and each fiscal year thereafter, no amounts are
authorized to be appropriated to the Secretary concerned for a covered
law enforcement agency or for Federal law enforcement functions on
Federal land.
(d) No Effect on Authority To Carry Firearms.--Nothing in this Act
shall be construed to limit the authority of the Secretary concerned to
authorize an employee of the Forest Service or the Bureau of Land
Management to carry a firearm for protection while in the field.
SEC. 4. BLOCK GRANTS TO STATES FOR ENFORCEMENT OF FEDERAL LAW ON
FEDERAL LAND.
(a) Grants Required; Formula.--For fiscal year 2018 and each fiscal
year thereafter, the Secretary of the Interior shall make a grant to
each State for the purpose of permitting the State, directly or through
subgrants with units of local government in that State, to maintain law
and order on Federal land, protect individuals and property on Federal
land, and enforce Federal law. Grant funds shall only be allowed to be
used to carry out law enforcement functions on Federal land.
(b) Grant Formula.--
(1) Percentage of federal land.--Subject to paragraph (2),
a State shall receive a grant under subsection (a) in an amount
that bears the same percentage to the amount appropriated for
that fiscal year under subsection (d) as the total acreage of
Federal land in that State bears to the total acreage of
Federal land in all States.
(2) Modification to reflect visitation levels.--The
Secretary of the Interior shall modify the grant formula
specified in paragraph (1) to take into account annual
visitation levels at individual units of Federal land in each
State so that States whose Federal land receive the highest
number of recreational users receive additional funds for law
enforcement. Not later than April 1, 2017, the Secretary shall
submit to Congress the Secretary's proposal for modifying the
grant formula to reflect visitation levels.
(c) Report on Expenditures.--A State or unit of local government
receiving a grant or subgrant under this section shall submit to the
Secretary of the Interior an annual report--
(1) certifying that the grant funds were used only for the
Federal land law enforcement functions specified in subsection
(a);
(2) accounting for all expenditures incurred by the State
or unit of local government in connection with performing such
law enforcement functions on Federal land; and
(3) indicating whether grant funds were sufficient or
insufficient to cover such expenditures.
(d) Authorization of Appropriations.--For fiscal year 2018 and each
fiscal year thereafter, there is authorized to be appropriated to the
Secretary of the Interior to make grants under this section--
(1) an amount equal to at least the total amount
appropriated for all covered law enforcement agencies for
fiscal year 2016; and
(2) such additional amounts as the Secretary considers to
be necessary for law enforcement functions on Federal land.
SEC. 5. STATE AND LOCAL AGREEMENTS FOR LAW ENFORCEMENT FUNCTIONS ON
FEDERAL LAND.
(a) Agreement Required.--As a condition of a grant or subgrant
under section 4, the State or unit of local government receiving the
grant or subgrant and the Secretary concerned shall enter into an
agreement, consistent with this section, to address the maintenance of
law and order and the protection of individuals and property on Federal
land.
(b) Powers and Duties of Law Enforcement Personnel.--The agreement
under subsection (a) between a State or unit of local government
receiving a grant or subgrant and the Secretary concerned shall
authorize designated law enforcement officers of the State or unit of
local government--
(1) to carry firearms on Federal land;
(2) make arrests without warrant for any offense against
the United States committed in the presence of the law
enforcement officer, or for any felony cognizable under the
laws of the United States if the law enforcement officer has
reasonable grounds to believe that the individual to be
arrested has committed or is committing the felony, provided
the arrests occur on Federal land or within the State or local
jurisdiction of the law enforcement officer or the individual
to be arrested is fleeing from the Federal land;
(3) execute any warrant or other process issued by a court
or officer of competent jurisdiction for the enforcement of the
provisions of any Federal law or regulation issued pursuant to
law arising out of an offense committed on Federal land or,
where the individual subject to the warrant or process is on
Federal land, in connection with any Federal offense; and
(4) conduct investigations of offenses against the United
States committed on Federal land in the absence of
investigation of the offenses by any other Federal law
enforcement agency having investigative jurisdiction over the
offense committed or with the concurrence of the other agency.
(c) Indemnify and Save Harmless.--The Secretary concerned shall
waive, in any agreement under subsection (a) with a State or unit of
local government, all civil claims against the State or unit of local
government and, subject to available appropriations, indemnify and save
harmless the State or unit of local government from all claims by third
parties for property damage or personal injury, that may arise out of
law enforcement functions performed under the agreement.
(d) Law Enforcement Personnel Not Deemed Federal Employees.--
(1) In general.--Except as otherwise provided in this
subsection, a law enforcement officer of a State or unit of
local government performing law enforcement functions pursuant
to an agreement under subsection (a) shall not be deemed a
Federal employee and shall not be subject to the provisions of
law relating to Federal employment, including those relating to
hours of work, rates of compensation, leave, unemployment
compensation, and Federal benefits.
(2) Exceptions.--A law enforcement officer of a State or
unit of local government performing law enforcement functions
pursuant to an agreement under subsection (a) is deemed to be--
(A) a Federal employee for purposes of sections
1346(b) and 2401(b) and chapter 171 of title 28, United
States Code; and
(B) a civil service employee of the United States
within the meaning of the term ``employee'' as defined
in section 8101 of title 5, United States Code, for
purposes of subchapter I of chapter 81 of such title,
relating to compensation to Federal employees for work
injuries, and the provisions of subchapter I of chapter
81 of such title shall apply.
(e) Federal Investigative Jurisdiction and State Civil and Criminal
Jurisdiction Not Preempted.--This section shall not be construed or
applied--
(1) to limit or restrict the investigative jurisdiction of
any Federal law enforcement agency other than a covered law
enforcement agency; and
(2) to affect any right of a State or unit of local
government to exercise civil and criminal jurisdiction on
Federal land.
(f) Conforming Amendments.--
(1) Forest service.--Section 15003 of the National Forest
System Drug Control Act of 1986 (16 U.S.C. 559c) is repealed.
(2) Bureau of land management.--Section 303(c)(2) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1733(c)(2)) is amended by striking ``may authorize Federal
personnel or'' and inserting ``shall authorize''. | Local Enforcement for Local Lands Act of 2016 This bill declares that, by September 30, 2017, the Department of Agriculture (USDA) shall terminate the Forest Service Law Enforcement and Investigations unit and cease using Forest Service employees to perform law enforcement functions on federal lands. Also by such date, the Department of the Interior shall terminate the Bureau of Land Management Office of Law Enforcement and cease using Interior employees to perform law enforcement functions on federal lands. Nothing in this Act shall be construed as limiting the authority of Interior or USDA to authorize an employee of the Forest Service or the Bureau of Land Management to carry a firearm for protection while in the field. For FY2018 and each fiscal year thereafter, Interior shall make a grant to each state, determined according to a specified formula, to permit the state, directly or through subgrants with units of local government in it, to maintain law and order on federal land, protect individuals and property on federal lands, and enforce federal law. Any state or local government receiving the grant or subgrant shall enter into an agreement with Interior or USDA, as appropriate. In any such agreement Interior or USDA must waive all civil claims against the state or local government, and indemnify that government and save it harmless from all claims by third parties for property damage or personal injury that may arise out of law enforcement functions performed under the agreement. A law enforcement officer of a state or local government performing law enforcement functions pursuant to such an agreement shall not, except in certain circumstances, be deemed a federal employee with respect to hours of work, compensation rates, leave, unemployment compensation, and federal benefits, among other things. | Local Enforcement for Local Lands Act of 2016 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``E-bonding for
Immigration Integrity Act of 2018''.
SEC. 2. REQUIREMENT OF BOND.
(a) Bond Required.--Prior to arriving at a port of entry of the
United States, an alien seeking admission to the United States shall
post a bond, in accordance with subsection (d), in an amount determined
by the Secretary if such alien seeks admission to the United States as
a nonimmigrant in a category--
(1) described under subparagraph (B), (F), (H)(ii)(b),
(H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)); or
(2) identified by the Secretary, in accordance with section
3, to have a visa overstay rate that is more than 1.5 percent.
(b) Amount of Bond.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall, by rule, establish the
amount of the bond required by subsection (a) for each visa category
under subsection (a)(1) and each visa category identified by the
Secretary under section 3, which amount shall--
(1) be not less than $2,500 and not more than $10,000; and
(2) be determined based on the Secretary's assessment of
the level of risk of visa overstays for that category.
(c) Adjustment of Amount of Bond.--On an annual basis, the
Secretary shall review, and, as appropriate, adjust the amounts of the
bonds described in subsection (b).
(d) Payment of Bond.--An alien required to post the bond under
subsection (a) shall post such bond--
(1) in electronic form; and
(2) with a bonding agent designated by the Secretary as
qualified to hold such bond.
(e) Release of Bond.--The Secretary shall authorize a bonding agent
to release a bond--
(1) to an alien required to post such bond--
(A) after receiving a notification from the United
States embassy or consulate in the alien's country of
origin that such alien departed the United States and
returned to such country of origin; or
(B) if such alien changed or adjusted their status
to an immigration status not required to post a bond
under this section.
(2) to the E-bond Enforcement Fund under section 4 upon a
determination by the Secretary that an alien--
(A) overstayed their visa; or
(B) did not return to their country of origin
following the termination of their visa.
(f) Change of Status.--An alien who has been admitted to the United
States and who is required to post a bond under subsection (a) may be
required to post an additional bond if such alien changes their status
to that of a nonimmigrant in a category required to pay a higher bond
under this section.
(g) Collection of Records Relating to Bonds.--The United States
Embassy or United States consular office in the alien's country of
origin shall collect any records necessary to carry out this section.
(h) Effective Date.--This section shall take effect on the date
that is 120 calendar days after the enactment of this Act.
SEC. 3. VISA OVERSTAY RATE CATEGORIES.
The Secretary shall identify--
(1) the visa overstay rate for each category of
nonimmigrant aliens described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year; and
(2) each category of nonimmigrant aliens described under
such section that had a visa overstay rate in the previous year
that was more than 1.5 percent.
SEC. 4. E-BOND ENFORCEMENT FUND.
(a) In General.--There is established in the general fund of the
Treasury a separate account, which shall be known as the ``E-bond
Enforcement Fund'' (in this subsection referred to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting receipts into
the Fund all amounts released under section 2(e)(2) of this Act.
(c) Use of Amounts.--Amounts deposited into the Fund shall remain
available until expended and shall be refunded out of the Fund by the
Secretary of the Treasury, to the Secretary of Homeland Security to--
(1) ensure compliance with this Act; and
(2) administer enforcement programs.
SEC. 5. REPORT.
Not later than 120 days after the date of the enactment of this
Act, and each year thereafter, the Secretary shall submit to the
committees of appropriate jurisdiction a report that includes--
(1) the visa overstay rate for each category of
nonimmigrant alien described under section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the
previous year;
(2) the categories that had a visa overstay rate in the
previous year that was more than 1.5 percent, as determined by
the Secretary in accordance with section 3;
(3) the amounts of the bonds, as determined by the
Secretary in accordance with section 2;
(4) information relating to the Fund under section 4; and
(5) any other information determined appropriate by the
Secretary.
SEC. 6. DEFINITIONS.
In this Act:
(1) Committees of appropriate jurisdiction.--The term
``committees of appropriate jurisdiction'' means--
(A) the Committee on the Judiciary of the House of
Representatives;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives; and
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security, unless otherwise provided.
(3) Visa overstay rate.--The term ``visa overstay rate''
means the ratio of, for each category of nonimmigrant aliens
described in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(15))--
(A) the number of aliens admitted to the United
States for each such category whose period of
authorized stays ended during a fiscal year but who
remained unlawfully in the United States beyond such
period; to
(B) the total number of aliens admitted to the
United States for each such category during that fiscal
year. | E-bonding for Immigration Integrity Act of 2018 This bill requires an alien who is in one of the following nonimmigrant categories to post a bond prior to being issued a U.S. entry visa: (1) an alien who is from a country with a visa overstay rate greater than 1.5%; or (2) a B-visa tourist or business entrant, an F-visa foreign student, an H-visa temporary nonagricultural worker, or a K-visa fiance/fiancee. The Department of Homeland Security (DHS) shall: (1) establish a $2,500-$10,000 bond amount, which shall be reviewed annually, for each visa category based upon overstay risk; and (2) identify nonimmigrant visa category overstay rates, including categories with overstay rates greater than 1.5%. The bill establishes the E-bond Enforcement Fund which shall be funded by forfeited bonds and used to ensure compliance with this bill and to administer enforcement programs. DHS shall report to Congress annually regarding: (1) visa overstay rates by nonimmigrant category, (2) categories with overstay rates greater than 1.5%, (3) bond amounts, and (4) fund information. | E-bonding for Immigration Integrity Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Energy Nuclear
Employees Exposure Compensation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Federal nuclear activities have long been explicitly
recognized by the Government as an ultra-hazardous activity
under law.
(2) Since the inception of the Federal nuclear weapons
program, the Department of Energy and its predecessors have
self-regulated worker safety and health, which places a unique
responsibility upon the Department to ensure a safe working
environment.
(3) Since the inception of the nuclear weapons program,
nuclear workers at sites operated by the Department of Energy
and its predecessor agencies were put at risk of exposure to
harmful substances without the knowledge or consent of the
workers.
(4) For decades the Department of Energy and its
predecessor agencies withheld information about worker health
risks for reasons that were not in the national interest--while
actively resisting efforts by workers to seek compensation.
(5) The Department of Energy currently does not have
accurate and complete records of exposure to radioactive and
hazardous substances--which unfairly places the burden of proof
of harm upon workers.
(6) Current remedies under State compensation programs are
ill-suited to address chronic diseases and those that have long
latency periods which are associated with exposure to
radioactive and hazardous substances at Department of Energy
facilities.
(7) Scientific evidence shows that ionizing radiation is a
carcinogenic substance and that specific types of cancer are
considered radiogenic by the scientific and medical community.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Department of energy.--The term ``Department of
Energy'' includes the predecessor agencies of the Department.
(2) DOE nuclear employee.--The term DOE nuclear employee``
means an individual employed by--
(A) the Department of Energy;
(B) an entity that contracted with the Department
of Energy to provide management and operations,
management and integration, production, testing,
research, development, environmental remediation, or
waste management at facilities at locations, including
the following:
(i) Portsmouth, Ohio;
(ii) Paducah, Kentucky.
(iii) O.R. K-25, Tennessee;
(iv) O.R. Y-12, Tennessee;
(v) O.R. X-10, Tennessee;
(vi) Hanford, Washington;
(vii) Idaho National Engineering
Laboratory;
(viii) Rocky Flats, Colorado;
(ix) Fernald, Ohio;
(x) Miamisburg, Ohio;
(xi) Los Alamos National Laboratory, New
Mexico;
(xii) Pinellas, Florida;
(xiii) Pantex, Texas;
(xiv) Nevada Test Site;
(xv) Brookhaven, New York;
(xvi) Lawrence Livermore National
Laboratory;
(xvii) Sandia National Laboratory, New
Mexico
(xviii) Burlington, Iowa;
(xix) Fermi Nuclear Facility, Illinois;
(xx) Weldon Spring, Maryland; or
(xxi) Savannah River, South Carolina
(xxii) Argonne National Lab, Illinois
(C) a supplier that supplied uranium conversion or
manufacturing services, including Allied Signal
Facility in Metropolis, Illinois, Nuclear Fuels
Services in Erwin, Tennessee, Linde Air Products,
Tonowanda, New York, and Reactive Metals in Ashtabula,
Ohio.
(3) Specified disease.--The term ``specified disease''
means--
(A) leukemia (other than chronic lymphocytic
leukemia);
(B) the following diseases;
(i) multiple myeloma;
(ii) lymphomas (other than Hodgkins
disease); and
(iii) primary cancer or a pre-cancerous
condition of the bone, lung, thyroid, male or
female breast, esophagus, kidney, salivary
gland, skin, urinary bladder, stomach pharynx,
small intestine, pancreas, bile ducts, gall
bladder, or liver; and
(C) additional diseases covered by the Nuclear
Claims Tribunal of the Marshall Islands.
SEC. 4. DOE NUCLEAR FACILITY EMPLOYEES' EXPOSURE COMPENSATION FUND.
(a) Establishment.--There is established in the Treasury the DOE
Nuclear Employees' Exposure Compensation Fund (hereafter in this Act
referred to as the ``Fund'').
(b) Purpose.--The amounts in the Fund are available only for
disbursement by the Attorney General under section 6.
(c) Termination.--The Fund shall terminate 22 years after the date
of enactment of this Act. If all of the amounts in the Fund have not
been expended by the end of the 22-year period, amounts remaining in
the Fund shall be deposited in the miscellaneous receipts account in
the Treasury.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to carry out
this Act. Amounts appropriated to the fund shall remain available until
expended or deposited in the Treasury.
(e) Authority.--Authority under this Act to enter into contracts or
to make payments is effective in any fiscal year only to the extent, or
in the amounts, provided in advance in an appropriation Act.
SEC. 5. ELIGIBLE EMPLOYEES.
A DOE nuclear employee who--
(1) was employed at a DOE nuclear facility for at least a
year;
(2) during the employees' employment period--
(A) was or should have been monitored through the
use of dosimetry badges for exposure of the employees's
body to radiation at the facility, and
(B) submits written medical documentation as to
having contracted a specified disease after beginning
employment as described in paragraph (1) and after
beginning being monitored or beginning work,
is authorized to receive $100,000 and first dollar coverage for all
medical and diagnostic costs related to a claim for a specified
disease, including complicating factors, if the claim for payment is
filed with the Attorney General and the Attorney General determines, in
accordance with section 6, that the claim meets the requirements of
this Act.
SEC. 6. DETERMINATION AND PAYMENT OF CLAIMS.
(a) Filing Procedures.--The Attorney General shall establish
procedures under which an eligible employee may submit a claim for
payment under this section.
(b) Determination.--The Attorney General shall determine if each
claim filed under this section meets the requirements of this Act. In
making a determination of eligibility for compensation, the Attorney
General may consult with the Surgeon General and the Secretary of
Energy. The Attorney General shall--
(1) in consultation with the Surgeon General, establish
guidelines for determining what constitutes written medical
documentation under section 5 that an individual contracted a
specified disease; and
(2) in consultation with the Secretary of Energy, establish
guidelines for determinations of employment and exposure, as
described in section 5.
(c) Payment.--
(1) In general.--The Attorney General is authorized to pay,
from amounts available in the Fund, claims filed under this
section that the Attorney General determines meets the
requirements of this Act.
(2) Subrogation.--Upon payment of a claim under paragraph
(1), the United States is subrogated for the amount of the
payment to a right or claim that the individual to whom the
payment was made may have against any person on account of a
specified disease contracted following employment and exposure
as described in section 5.
(3) Deceased or dying employee.--
(A) Deceased.--In the case of a DOE nuclear
employee who is deceased at the time of payment under
this section, the payment may be made only as follows:
(i) If the DOE nuclear employee is survived
by a spouse who is living at the time of
payment, the payment shall be made to the
surviving spouse.
(ii) If there is no surviving spouse at the
time of payment, the payment shall be made in
equal shares to all the children of the DOE
nuclear employee who are living at the time of
payment.
(iii) If there is no spouse or children
living at the time of payment, the payment
shall be made in equal shares to the parents of
the DOE nuclear employee who are living at the
time of payment.
(iv) If there are no spouse, children, or
parents living at the time of payment, the
payment shall be made in equal shares to all
grandchildren of the DOE nuclear employee who
are living at the time of payment.
(v) If there are no spouse, children,
parents, or grandchildren living at the time of
payment, the payment shall be made in equal
shares to the grandparents of the DOE nuclear
employee who are living at the time of payment.
(vi) If there are no spouse, children,
parents, grandchildren, or grandparents living
at the time of payment, the amount of the
payment shall remain in the Fund for future
claimants.
(B) Dies.--If the DOE nuclear employee eligible for
payment under this section dies before filing a claim
under this Act, a survivor of that employee who may
receive payment under subparagraph (A) may file a claim
for payment for such employee.
(C) Definitions.--For purposes of subparagraph
(A)--
(i) the term ``spouse'' of a DOE nuclear
employee is a wife or husband of that employee
who was married to that employee for at least
one year immediately before the death of that
employee;
(ii) the term ``child'' includes a natural
child, a step-child in a regular parent-child
relationship, and an adopted child;
(iii) the term ``parent'' includes fathers
and mothers through adoption.
(iv) the term ``grandchild'' of a DOE
nuclear employee is a child of a child of that
employee;
(v) the term ``grandparent'' of a DOE
nuclear employee is a parent of a parent of
that employee.
(d) Action on Claim.--
(1) Determination period.--The Attorney General shall
complete the determination of each claim filed under subsection
(a) not later than 12 months after the date the claim is filed.
(2) Additional information and documentation.--The Attorney
General may request from a claimant, or from an individual or
entity on behalf of a claimant, additional information or
documentation necessary to complete the determination of the
claim under subsection (b). The period of time from the
Attorney General's request for additional information or
documentation until the time the information or documentation
is provided, or the requested individual or entity informs the
Attorney General the information or documentation cannot or
will not be provided, is not counted toward the 12-month period
established under paragraph (1). A claimant may sue the
Department of Energy or its contractor in a district court of
the United States to compel the production of information or
documentation requested by the Attorney General if (A) it is
more than 60 days after the date the Attorney General's request
was made, and (B) the information or documentation has not been
provided.
(3) Payments under other Acts limited.--An individual may
not receive payment under this Act and under the Radiation
Exposure Compensation Act (42 U.S.C. 2210 note) or under the
Veterans' Dioxin and Radiation Exposure Compensation Standards
Act (38 U.S.C 354 note).
(e) Costs of Administering the Adjudications.--
(1) Limitation.--Costs incurred by the Attorney General in
carrying out this section shall not be paid from the Fund or
set off against, or otherwise deducted from, a payment under
this section.
(2) Reimbursement.--The Department of Energy shall
reimburse the Attorney General for the costs incurred by the
Attorney General in connection with establishing and
administering the program of compensation under this Act until
the duties of the Attorney General terminate under subsection
(f).
(f) Termination.--The duties of the Attorney General under this
section terminate when the Fund terminates.
(g) Treatment of Payments Under Other Laws.--An amount paid to an
individual under this section--
(1) shall not be subject to Federal income tax under the
Internal Revenue Code of 1986;
(2) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code; and
(3) shall not be subject to the offset under chapter 37 of
title 31, United States Code.
(h) Regulatory Authority.--The Attorney General may issue
regulations to carry out this Act.
(i) Issuance of Regulations Guidelines, and Procedures.--
Regulations, guidelines, and procedures to carry out this Act shall be
issued not later than 180 days after the date of enactment of this Act.
(j) Administrative Appeals Procedure and Judicial Review.--
(1) Decision denying claim.--A decision denying a claim
under this Act may be appealed to an appeals officer designated
by the Attorney General.
(2) If the designated appeals officer affirms a decision
denying a claim under this Act, the individual who submitted
such claim may seek review of such affirmation by a district
court of the United States.
SEC. 7. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE.
A claim cognizable under this Act is not assignable or
transferable.
SEC. 8. LIMITATIONS ON CLAIMS.
A claim to which this Act applies is barred unless the claim is
filed within 20 years after the date of enactment of this Act.
SEC. 9. ATTORNEY FEES.
Notwithstanding any contract, the representative of an individual
filing a claim under this Act may not receive for services rendered in
connection with such claim more than 10 percent of a payment made for
such claim. A representative who violates this section shall be fined
not more than $5,000.
SEC. 10. CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
A payment made under this Act shall not be considered as any form
of compensation or reimbursement for a loss for purposes of imposing
liability on the individual receiving the payment to repay any
insurance carrier for insurance payments made. A payment under this Act
does not affect any claim against any insurance carrier with respect to
insurance. | Sets forth procedural guidelines for claim determination and payment. Restricts claimant's attorney's fees to ten percent of a payment made for a claim. | Department of Energy Nuclear Employees Exposure Compensation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Affordability Act''.
SEC. 2. SEWER OVERFLOW CONTROL GRANTS.
(a) Sewer Overflow Control Grants.--Section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) is amended by striking
subsections (a) through (g) and inserting the following:
``(a) Grants.--The Administrator may--
``(1) make grants to States for the purpose of providing
grants to a municipality or municipal entity for use in
planning, designing, and constructing treatment works to
intercept, transport, control, or treat municipal combined
sewer overflows and sanitary sewer overflows; and
``(2) make a grant directly to a municipality or municipal
entity for the purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among municipalities
applying for grants under this section, a State or the Administrator
shall give priority to an applicant that is a financially distressed
community, as determined by the applicable State under subsection (c).
``(c) Determination.--In determining whether a community is a
distressed community for the purposes of subsection (b), a State shall
consider, among other factors, the criteria described in section
3(b)(2) of the Clean Water Affordability Act.
``(d) Cost-Sharing.--
``(1) Federal share.--The Federal share of the cost of any
project or activity carried out using funds from a grant made
under subsection (a) shall be not less than 75 percent.
``(2) Non-federal share.--The non-Federal share of the cost
of any project or activity carried out using funds from a grant
made under subsection (a) may include--
``(A) in any amount, public and private funds and
in-kind services; and
``(B) notwithstanding section 603, financial
assistance, including loans, from a State water
pollution control revolving fund.
``(e) Administrative Requirements.--
``(1) In general.--Subject to paragraph (2), a project that
receives grant assistance under subsection (a) shall be carried
out subject to the same requirements as a project that receives
assistance from a State water pollution control revolving fund
established pursuant to title VI.
``(2) Determination of governor.--The requirement described
in paragraph (1) shall not apply to a project that receives
grant assistance under subsection (a) to the extent that the
Governor of the State in which the project is located
determines that a requirement described in title VI is
inconsistent with the purposes of this section.
``(f) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $250,000,000 for fiscal year 2009;
``(B) $300,000,000 for fiscal year 2010;
``(C) $350,000,000 for fiscal year 2011;
``(D) $400,000,000 for fiscal year 2012; and
``(E) $500,000,000 for fiscal year 2013.
``(2) Availability of amounts.--Amounts authorized to be
appropriated to carry out this section under paragraph (1)
shall remain available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2009.--For fiscal year 2009, subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section under subsection (f)(1)
to provide grants to municipalities and municipal entities
under subsection (a)(2) in accordance with the priority
criteria described in subsection (b).
``(2) Fiscal year 2010 and thereafter.--For fiscal year
2010 and each fiscal year thereafter, subject to subsection
(h), the Administrator shall use the amounts appropriated to
carry out this section under subsection (f)(1) to provide
grants to States under subsection (a)(1) in accordance with a
formula that--
``(A) shall be established by the Administrator,
after providing notice and an opportunity for public
comment; and
``(B) allocates to each State a proportional share
of the amounts based on the total needs of the State
for municipal combined sewer overflow controls and
sanitary sewer overflow controls, as identified in the
most recent survey--
``(i) conducted under section 210; and
``(ii) included in a report required under
section 516(a).''.
(b) Reports.--Section 221(i) of the Federal Water Pollution Control
Act (33 U.S.C. 1301(i)) is amended in the first sentence by striking
``2003'' and inserting ``2010''.
SEC. 3. UPDATING OF GUIDANCE.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affordability.--The term ``affordability'' means, with
respect to payment of a utility bill, a measure of whether an
individual customer or household can pay the bill without undue
hardship or unreasonable sacrifice in the essential lifestyle
or spending patterns of the individual or household, as
determined by the Administrator.
(3) Financial capability.--The term ``financial
capability'' means the financial capability of a community to
make investments necessary to make water quality-related
improvements, taking into consideration the criteria described
in subsection (b)(2)(A).
(4) Guidance.--The term ``guidance'' means the guidance
published by the Administrator entitled ``Combined Sewer
Overflows--Guidance for Financial Capability Assessment and
Schedule Development'' and dated February 1997, as applicable
to combined sewer overflows and sanitary sewer overflows.
(b) Updating.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall update the
guidance to ensure that the evaluations by the Administrator of
financial capability assessment and schedule development meet
the criteria described in paragraph (2).
(2) Criteria.--The criteria described in this paragraph are
that, under the updated guidance--
(A) in assessing financial capability of a
community--
(i) greater emphasis should be placed on
local economic conditions;
(ii) for regional systems, consideration
should be given to the economic conditions of
political jurisdictions and significant
demographic groups within each region;
(iii) prescriptive formulas for use in
calculating financial capability and thresholds
for expenditure should not be considered to be
the only indicator of the financial capability
of a community;
(iv) site-specific local conditions should
be taken into consideration in analyzing
financial capability;
(v) a single measure of financial
capability or affordability (such as median
household income) should be viewed in the
context of other economic measures, rather than
as a threshold to be achieved; and
(vi)(I) consideration should be given to
the economic outlook of a community, including
the potential impact of program requirements
over time, in the development of implementation
schedules; and
(II) the assessment should take into
consideration other essential community
investments relating to water quality
improvements;
(B) with respect to the timing of implementation of
water quality-related improvements--
(i) environmental improvement
implementation schedules should be structured
to mitigate the potential adverse impact on
distressed populations resulting from the costs
of the improvements; and
(ii) implementation schedules should
reflect local community financial conditions
and economic impacts;
(C) with respect to implementation of
methodologies--
(i) a determination of local financial
capability may be achieved through an
evaluation of an array of factors the relative
importance of which may vary across regions and
localities; and
(ii) an appropriate methodology should give
consideration to such various factors as are
appropriate to recognize the prevailing and
projected economic concerns in a community; and
(D) the residential indicator should be revised to
include--
(i) a consideration of costs imposed upon
ratepayers for essential utilities;
(ii) increased consideration and
quantification of local community-imposed costs
in regional systems;
(iii) a mechanism to assess impacts on
communities with disparate economic conditions
throughout the entire service area of a
utility;
(iv) a consideration of the industrial and
population trends of a community;
(v) recognition that--
(I) the median household income of
a service area reflects a numerical
median rather than the distribution of
incomes within the service area; and
(II) more representative methods of
determining affordability, such as
shelter costs, essential utility
payments, and State and local tax
efforts, should be considered;
(vi) a consideration of low-income
ratepayer percentages; and
(vii) impacts relating to program delivery,
such as water quality infrastructure market
saturation and program management.
(3) Implementation.--The updated guidance should indicate
that, in a case in which a previously-approved long-term
control plan or associated enforceable agreement allows for
modification of the plan or terms of the agreement (including
financial capability considerations), and all parties are in
agreement that a change is needed or that the plan or agreement
contains a reopener provision to address changes in the
economic or financial status of the community since the
effective date of the plan or agreement, reconsideration and
modification of financial capability determinations and
implementation schedules based on the criteria described in
paragraph (2) is appropriate.
(c) Publication and Submission.--Upon completion of the updating of
guidance under subsection (b), the Administrator shall publish in the
Federal Register and submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the updated guidance.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Clean Water Affordability Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Administrator of the Environmental Protection Agency (EPA) to make grants to states for the purpose of providing grants to municipalities for use in planning, designing, and constructing treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows and municipalities for such purposes. Requires states or the Administrator to give priority to financially distressed communities.
Requires the Administrator, no later than December 31, 2010, (currently, 2003) and periodically thereafter, to report to Congress on recommended funding levels for sewer overflow control grants.
Requires the Administrator to update the guidance entitled "Combined Sewer Overflows -- Guidance for Financial Capability Assessment and Schedule Development" dated February 1997, to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet specified criteria, including criteria used in assessing financial capability of a community to make investments necessary to make water quality-related improvements and in implementing water quality-related improvements.
Requires such updated guidance to indicate that it is appropriate for the reconsideration and modification of financial capability determinations and implementation schedules to be based on such criteria. | A bill to amend the Federal Water Pollution Control Act to update a program to provide assistance for the planning, design, and construction of treatment works to intercept, transport, control, or treat municipal combined sewer overflows and sanitary sewer overflows, and to require the Administrator of the Environmental Protection Agency to update certain guidance used to develop and determine the financial capability of communities to implement clean water infrastructure programs. |
SECTION 1. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES
FROM NOTIFICATION REQUIREMENTS.
(a) Exemption From Notification Requirements.--Paragraph (5) of
section 527(i) of the Internal Revenue Code of 1986 (relating to
organizations must notify Secretary that they are section 527
organizations) is amended by striking ``or'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``, or'', and by adding at the end the following:
``(C) which is a political committee of a State or local
candidate or which is a State or local committee of a political
party.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the amendments made by Public Law 106-
230.
SEC. 2. EXEMPTION FOR CERTAIN STATE AND LOCAL POLITICAL COMMITTEES FROM
REPORTING REQUIREMENTS.
(a) In General.--Section 527(j)(5) of the Internal Revenue Code of
1986 (relating to coordination with other requirements) is amended by
redesignating subparagraphs (C), (D), and (E) as subparagraphs (D),
(E), and (F), respectively, and by inserting after subparagraph (B) the
following new subparagraph:
``(C) to any organization which is a qualified State or
local political organization,''.
(b) Qualified State or Local Political Organization.--Subsection
(e) of section 527 of the Internal Revenue Code of 1986 (relating to
other definitions) is amended by adding at the end the following new
paragraph:
``(5) Qualified state or local political organization.--
``(A) In general.--The term `qualified State or local
political organization' means a political organization--
``(i) all the exempt functions of which are solely for
the purposes of influencing or attempting to influence the
selection, nomination, election, or appointment of any
individual to any State or local public office or office in
a State or local political organization,
``(ii) which is subject to State law that requires the
organization to report (and it so reports)--
``(I) information regarding each separate
expenditure from and contribution to such organization,
and
``(II) information regarding the person who makes
such contribution or receives such expenditure,
which would otherwise be required to be reported under this
section, and
``(iii) with respect to which the reports referred to
in clause (ii) are (I) made public by the agency with which
such reports are filed, and (II) made publicly available
for inspection by the organization in the manner described
in section 6104(d).
``(B) Certain state law differences disregarded.--An
organization shall not be treated as failing to meet the
requirements of subparagraph (A)(ii) solely by reason of 1 or
more of the following:
``(i) The minimum amount of any expenditure or
contribution required to be reported under State law is not
more than $300 greater than the minimum amount required to
be reported under subsection (j).
``(ii) The State law does not require the organization
to identify 1 or more of the following:
``(I) The employer of any person who makes
contributions to the organization.
``(II) The occupation of any person who makes
contributions to the organization.
``(III) The employer of any person who receives
expenditures from the organization.
``(IV) The occupation of any person who receives
expenditures from the organization.
``(V) The purpose of any expenditure of the
organization.
``(VI) The date any contribution was made to the
organization.
``(VII) The date of any expenditure of the
organization.
``(C) De minimis errors.--An organization shall not fail to
be treated as a qualified State or local political organization
solely because such organization makes de minimis errors in
complying with the State reporting requirements and the public
inspection requirements described in subparagraph (A) as long
as the organization corrects such errors within a reasonable
period after the organization becomes aware of such errors.
``(D) Participation of federal candidate or office
holder.--The term `qualified State or local political
organization' shall not include any organization otherwise
described in subparagraph (A) if a candidate for nomination or
election to Federal elective public office or an individual who
holds such office--
``(i) controls or materially participates in the
direction of the organization,
``(ii) solicits contributions to the organization
(unless the Secretary determines that such solicitations
resulted in de minimis contributions and were made without
the prior knowledge and consent, whether explicit or
implicit, of the organization or its officers, directors,
agents, or employees), or
``(iii) directs, in whole or in part, disbursements by
the organization.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 3. EXEMPTION FROM ANNUAL RETURN REQUIREMENTS.
(a) Income Tax Returns Required Only for Political Organization
Taxable Income.--Paragraph (6) of section 6012(a) of the Internal
Revenue Code of 1986 (relating to persons required to make returns of
income) is amended by striking ``or which has'' and all that follows
through ``section)''.
(b) Income Tax Returns Not Subject to Disclosure.--
(1) Disclosure by the secretary.--Subsection (b) of section
6104 of such Code (relating to disclosure by the Secretary of
annual information returns) is amended by striking ``6012(a)(6),''.
(2) Public inspection.--Subsection (d) of section 6104 of such
Code (relating to public inspection of certain annual returns) is
amended--
(A) in paragraph (1)(A)(i) by striking ``or section
6012(a)(6) (relating to returns by political organizations)'',
and
(B) in subparagraph (2) by striking ``or section
6012(a)(6)''.
(c) Information Returns.--Subsection (g) of section 6033 of such
Code (relating to returns required by political organizations) is
amended to read as follows:
``(g) Returns Required by Political Organizations.--
``(1) In general.--This section shall apply to a political
organization (as defined by section 527(e)(1)) which has gross
receipts of $25,000 or more for the taxable year. In the case of a
political organization which is a qualified State or local
political organization (as defined in section 527(e)(5)), the
preceding sentence shall be applied by substituting `$100,000' for
`$25,000'.
``(2) Annual returns.--Political organizations described in
paragraph (1) shall file an annual return--
``(A) containing the information required, and complying
with the other requirements, under subsection (a)(1) for
organizations exempt from taxation under section 501(a), with
such modifications as the Secretary considers appropriate to
require only information which is necessary for the purposes of
carrying out section 527, and
``(B) containing such other information as the Secretary
deems necessary to carry out the provisions of this subsection.
``(3) Mandatory exceptions from filing.--Paragraph (2) shall
not apply to an organization--
``(A) which is a State or local committee of a political
party, or political committee of a State or local candidate,
``(B) which is a caucus or association of State or local
officials,
``(C) which is an authorized committee (as defined in
section 301(6) of the Federal Election Campaign Act of 1971) of
a candidate for Federal office,
``(D) which is a national committee (as defined in section
301(14) of the Federal Election Campaign Act of 1971) of a
political party,
``(E) which is a United States House of Representatives or
United States Senate campaign committee of a political party
committee,
``(F) which is required to report under the Federal
Election Campaign Act of 1971 as a political committee (as
defined in section 301(4) of such Act), or
``(G) to which section 527 applies for the taxable year
solely by reason of subsection (f)(1) of such section.
``(4) Discretionary exception.--The Secretary may relieve any
organization required under paragraph (2) to file an information
return from filing such a return if the Secretary determines that
such filing is not necessary to the efficient administration of the
internal revenue laws.''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 4. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.
(a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall publicize--
(1) the effect of the amendments made by this Act, and
(2) the interaction of requirements to file a notification or
report under section 527 of the Internal Revenue Code of 1986 and
reports under the Federal Election Campaign Act of 1971.
(b) Information.--Information provided under subsection (a) shall
be included in any appropriate form, instruction, notice, or other
guidance issued to the public by the Secretary of the Treasury or the
Federal Election Commission regarding reporting requirements of
political organizations (as defined in section 527 of the Internal
Revenue Code of 1986) or reporting requirements under the Federal
Election Campaign Act of 1971.
SEC. 5. WAIVER OF FILING AMOUNTS.
(a) Waiver of Filing Amounts.--Section 527 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(k) Authority To Waive.--The Secretary may waive all or any
portion of the--
``(1) tax assessed on an organization by reason of the failure
of the organization to comply with the requirements of subsection
(i), or
``(2) amount imposed under subsection (j) for a failure to
comply with the requirements thereof,
on a showing that such failure was due to reasonable cause and not due
to willful neglect.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any tax assessed or amount imposed after June 30, 2000.
SEC. 6. MODIFICATIONS TO SECTION 527 ORGANIZATION DISCLOSURE
PROVISIONS.
(a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section
527(i) of the Internal Revenue Code of 1986 (relating to failure to
notify) is amended by adding at the end the following new sentence:
``For purposes of the preceding sentence, the term `exempt function
income' means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for an exempt function.''.
(b) Procedures for Assessment and Collection of Amounts.--Paragraph
(1) of section 527(j) of the Internal Revenue Code of 1986 (relating to
required disclosure of expenditures and contributions) is amended by
adding at the end the following new sentence: ``For purposes of
subtitle F, the amount imposed by this paragraph shall be assessed and
collected in the same manner as penalties imposed by section
6652(c).''.
(c) Duplicate Written Filings Not Required.--Subparagraph (A) of
section 527(i)(1) of the Internal Revenue Code of 1986 is amended by
striking ``, electronically and in writing,'' and inserting
``electronically''.
(d) Application of Fraud Penalty.--Section 7207 of the Internal
Revenue Code of 1986 (relating to fraudulent returns, statements, and
other documents) is amended by striking ``pursuant to subsection (b) of
section 6047 or pursuant to subsection (d) of section 6104'' and
inserting ``pursuant to section 6047(b), section 6104(d), or subsection
(i) or (j) of section 527''.
(e) Contents and Filing of Report.--
(1) Contents.--Section 527(j)(3) of the Internal Revenue Code
of 1986 (relating to contents of report) is amended--
(A) by inserting ``, date, and purpose'' after ``The
amount'' in subparagraph (A), and
(B) by inserting ``and date'' after ``the amount'' in
subparagraph (B).
(2) Electronic filing.--Section 527(j) of such Code is amended
by adding at the end the following new paragraph:
``(7) Electronic filing.--Any report required under paragraph
(2) with respect to any calendar year shall be filed in electronic
form if the organization has, or has reason to expect to have,
contributions exceeding $50,000 or expenditures exceeding $50,000
in such calendar year.''.
(3) Electronic filing and access of required disclosures.--
Section 527 of such Code, as amended by section 5(a), is amended by
redesignating subsection (k) as subsection (l) and by inserting
after subsection (j) the following new subsection:
``(k) Public Availability of Notices and Reports.--
``(1) In general.--The Secretary shall make any notice
described in subsection (i)(1) or report described in subsection
(j)(7) available for public inspection on the Internet not later
than 48 hours after such notice or report has been filed (in
addition to such public availability as may be made under section
6104(d)(7)).
``(2) Access.--The Secretary shall make the entire database of
notices and reports which are made available to the public under
paragraph (1) searchable by the following items (to the extent the
items are required to be included in the notices and reports):
``(A) Names, States, zip codes, custodians of records,
directors, and general purposes of the organizations.
``(B) Entities related to the organizations.
``(C) Contributors to the organizations.
``(D) Employers of such contributors.
``(E) Recipients of expenditures by the organizations.
``(F) Ranges of contributions and expenditures.
``(G) Time periods of the notices and reports.
Such database shall be downloadable.''.
(f) Contents of Notice.--Section 527(i)(3) of the Internal Revenue
Code of 1986 (relating to contents of notice) is amended by striking
``and'' at the end of subparagraph (D), by redesignating subparagraph
(E) as subparagraph (F), and by inserting after subparagraph (D) the
following new subparagraph:
``(E) whether the organization intends to claim an
exemption from the requirements of subsection (j) or section
6033, and''.
(g) Timing of Notice in Case of Material Change.--
(1) In general.--Subparagraph (B) of section 527(i)(1) of the
Internal Revenue Code of 1986 (relating to general notification
requirement) is amended by inserting ``or, in the case of any
material change in the information required under paragraph (3),
for the period beginning on the date on which the material change
occurs and ending on the date on which such notice is given'' after
``given''.
(2) Time to give notice.--Section 527(i)(2) of the Internal
Revenue Code of 1986 (relating to time to give notice) is amended
by inserting ``or, in the case of any material change in the
information required under paragraph (3), not later than 30 days
after such material change'' after ``established''.
(3) Effect of failure.--Paragraph (4) of section 527(i) of the
Internal Revenue Code of 1986 (relating to effect of failure) is
amended by inserting before the period at the end the following:
``or, in the case of a failure relating to a material change, by
taking into account such income and deductions only during the
period beginning on the date on which the material change occurs
and ending on the date on which notice is given under this
subsection''.
(h) Effective Dates.--
(1) Subsections (a) and (b).--The amendments made by
subsections (a) and (b) shall apply to failures occurring on or
after the date of the enactment of this Act.
(2) Subsection (c).--The amendments made by subsection (c)
shall take effect as if included in the amendments made by Public
Law 106-230.
(3) Subsection (d).--The amendment made by subsection (d) shall
apply to reports and notices required to be filed on or after the
date of the enactment of this Act.
(4) Subsections (e)(1) and (f).--The amendments made by
subsections (e)(1) and (f) shall apply to reports and notices
required to be filed more than 30 days after the date of the
enactment of this Act.
(5) Subsections (e)(2) and (e)(3).--The amendments made by
subsections (e)(2) and (e)(3) shall apply to reports required to be
filed on or after June 30, 2003.
(6) Subsection (g).--
(A) In general.--The amendments made by subsection (g)
shall apply to material changes on or after the date of the
enactment of this Act.
(B) Transition rule.--In the case of a material change
occurring during the 30-day period beginning on the date of the
enactment of this Act, a notice under section 527(i) of the
Internal Revenue Code of 1986 (as amended by this Act) shall
not be required to be filed under such section before the later
of--
(i) 30 days after the date of such material change, or
(ii) 45 days after the date of the enactment of this
Act.
SEC. 7. EFFECT OF AMENDMENTS ON EXISTING DISCLOSURES.
Notices, reports, or returns that were required to be filed with
the Secretary of the Treasury before the date of the enactment of the
amendments made by this Act and that were disclosed by the Secretary of
the Treasury consistent with the law in effect at the time of
disclosure shall remain subject on and after such date to the
disclosure provisions of section 6104 of the Internal Revenue Code of
1986.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (Sec. 1) Amends the Internal Revenue Code (IRC) to exempt State and local committees of candidates and of political parties from specified notification requirements.(Sec. 2) Exempts a "qualified State or local political organization" from specified reporting requirements. Defines "qualified State or local political organization."(Sec. 3) Requires an annual income tax return from political organizations only with respect to political organization taxable income. (Currently, such a return is required with respect to such income or if gross receipts exceed $25,000.) Exempts such returns from disclosure.Requires the filing of an annual information return by a political organization with gross receipts of $25,000 or more or with gross receipts of $100,000 or more in the case of a qualified State or local political organization, except for certain organizations including: (1) a State or local committee of a political party, or political committee of a State or local candidate; (2) a caucus or association of State or local officials; (3) an authorized committee of a candidate for Federal office; (4) a national committee of a political party; or (5) a U.S. House of Representatives or U.S. Senate campaign committee of a political party committee.(Sec. 4) Requires the Secretary of the Treasury to publicize the effects of this Act and the interaction of IRC requirements with Federal Election Campaign Act of 1971 requirements.(Sec. 5) Permits the waiver of an organization's failure to comply tax if due to reasonable cause and not to willful neglect.(Sec. 6) Makes additional amendments to IRC section 527 (Political Organizations) concerning: (1) unsegregated funds; (2) penalty assessment and collection procedures; (3) electronic filing; (4) public availability of notices and reports; and (5) timing of notice of material change. | To amend section 527 of the Internal Revenue Code of 1986 to eliminate notification and return requirements for State and local party committees and candidate committees and avoid duplicate reporting by certain State and local political committees of information required to be reported and made publicly available under State law, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Reliable Electricity Now
Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of a carbon capture and storage technology that has
Federal Government funding or financial assistance.
(3) Existing source.--The term ``existing source'' has the
meaning given the term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(4) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(5) Modification.--The term ``modification'' has the
meaning given the term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(6) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of enactment of this Act.
(7) New source.--The term ``new source'' has the meaning
given the term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)).
(8) Reconstructed source.--The term ``reconstructed
source'' means any stationary source, the reconstruction (as
defined in section 60.15 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act)) of which is commenced after the date of enactment of this
Act.
SEC. 3. STANDARDS OF PERFORMANCE FOR NEW, MODIFIED, AND RECONSTRUCTED
FOSSIL FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator may not issue, implement, or
enforce any proposed or final rule, in whole or in part, under section
111 of the Clean Air Act (42 U.S.C. 7411) that establishes a standard
of performance for emissions of any greenhouse gas from any new source,
modified source, or reconstructed source that is a fossil fuel-fired
electric utility generating unit, unless that rule meets the
requirements of subsections (b) and (c).
(b) Requirements.--In issuing any rule pursuant to section 111 of
the Clean Air Act (42 U.S.C. 7411) establishing standards of
performance for emissions of any greenhouse gas from new sources,
modified sources, or reconstructed sources that are fossil fuel-fired
electric utility generating units, the Administrator, for purposes of
establishing those standards--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not establish a standard based on the best system
of emission reduction for new sources within a fossil-fuel
category unless--
(A) the standard has been achieved, on average, for
at least 1 continuous 12-month period (excluding
planned outages) by each of at least 6 units within
that category--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) that, collectively, are representative
of the operating characteristics of electric
generation at different locations in the United
States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in setting the standard.
(c) Coal With Certain Heat Content.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator shall establish a separate
subcategory for new sources, modified sources, or reconstructed
sources that are fossil fuel-fired electric utility generating
units using coal with an average heat content of 8,300 or less
British Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule pursuant to section 111 of the Clean Air Act
(42 U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new, modified, or
reconstructed sources in the subcategory referred to in
paragraph (1), the Administrator shall not establish a standard
based on the best system of emission reduction unless--
(A) that standard has been achieved, on average,
for at least 1 continuous 12-month period (excluding
planned outages) by each of at least 3 units within
that subcategory--
(i) each of which is located at a different
electric generating station in the United
States;
(ii) which, collectively, are
representative of the operating characteristics
of electric generation at different locations
in the United States; and
(iii) each of which is operated for the
entire 12-month period on a full commercial
basis; and
(B) no results obtained from any demonstration
project are used in establishing that standard.
SEC. 4. STANDARDS OF PERFORMANCE FOR EXISTING FOSSIL FUEL-FIRED
ELECTRIC UTILITY GENERATING UNITS, COMPLIANCE EXTENSION,
AND RATEPAYER PROTECTION.
(a) Limitation.--
(1) In general.--The Administrator may not issue,
implement, or enforce any proposed or final rule described in
paragraph (2), unless that rule meets the requirements of
subsection (b).
(2) Description of rule.--A rule referred to in paragraph
(1) is any proposed or final rule to address carbon dioxide
emissions from existing sources that are fossil fuel-fired
electric utility generating units under section 111 of the
Clean Air Act (42 U.S.C. 7411), including any final rule that
succeeds--
(A) the proposed rule entitled ``Carbon Pollution
Emission Guidelines for Existing Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 34830
(June 18, 2014)); or
(B) the supplemental proposed rule entitled
``Carbon Pollution Emission Guidelines for Existing
Stationary Sources: EGUs in Indian Country and U.S.
Territories; Multi-Jurisdictional Partnerships'' (79
Fed. Reg. 65482 (November 4, 2014)).
(b) Requirements.--
(1) In general.--Before issuing, implementing, or enforcing
any rule described in subsection (a)(2), the Administrator
shall--
(A) submit to Congress a report describing the
quantity of greenhouse gas emissions that the rule is
projected to reduce, as compared to overall domestic
and global greenhouse gas emissions;
(B) conduct modeling regarding the means by which
the source rule in effect on the date of development of
the proposed rule, if applicable, impacts each climate
indicator used by the Administrator in developing the
proposed rule; and
(C) issue State-specific model plans to demonstrate
with specificity the areas in, and means by which, each
State will be required to reduce the greenhouse gas
emissions of the State under the rule.
(2) Exclusion.--A court shall not consider paragraph (1) in
determining whether the Administrator is authorized to issue
any rule described in subsection (a)(2).
(c) Ratepayer Protections.--No State shall be required to adopt or
submit a State plan, and no State or entity within a State shall become
subject to a Federal plan, pursuant to any final rule described in
subsection (a), if the Governor of the State makes a determination, and
notifies the Administrator, that implementation of the State or Federal
plan would have a negative effect on--
(1) economic growth, competitiveness, and jobs in the
State;
(2) the reliability of the electricity system of the State;
or
(3) the electricity ratepayers of the State, including low-
income ratepayers, by causing electricity rate increases.
(d) Extension of Compliance Dates.--
(1) Definition of compliance date.--
(A) In general.--In this subsection, the term
``compliance date'' means, with respect to any
requirement of a final rule described in subsection
(a)(2), the date by which any State, local, or tribal
government or other person is first required to comply
with the requirement.
(B) Inclusion.--The term ``compliance date''
includes the date by which State plans are required to
be submitted to the Administrator under any final rule
described in subsection (a)(2).
(2) Extensions.--Each compliance date of any final rule
described in subsection (a)(2) is deemed to be extended by the
time period equal to the time period described in paragraph
(3).
(3) Period described.--The time period described in this
paragraph is the period of days that--
(A) begins on the date that is 60 days after the
day on which notice of promulgation of a final rule
described in subsection (a)(2) appears in the Federal
Register; and
(B) ends on the date on which judgement becomes
final, and no longer subject to further appeal or
review, in all actions (including any action filed
pursuant to section 307 of the Clean Air Act (42 U.S.C.
7607)) that--
(i) are filed during the 60 days described
in paragraph (A); and
(ii) seek review of any aspect of the rule.
SEC. 5. LIMITATION ON EFFECT OF NONCOMPLIANCE.
Notwithstanding any other provision of law, noncompliance by a
State with any proposed, modified, or final rule described in section 3
or 4 applicable to any new, modified, reconstructed, or existing source
shall not constitute a reason for imposing any highway sanction under
section 179(b)(1) of the Clean Air Act (42 U.S.C. 7509(b)(1)).
SEC. 6. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules shall be of no force or effect, and shall be
treated as though the rules had never been issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'' (77 Fed. Reg. 22392
(April 13, 2012)); and
(B) withdrawn pursuant to the notice entitled
``Withdrawal of Proposed Standards of Performance for
Greenhouse Gas Emissions for New Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 1352
(January 8, 2014)).
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions from New Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 1430 (January
8, 2014)).
(3) The proposed rule entitled ``Carbon Pollution Standards
for Modified and Reconstructed Stationary Sources: Electric
Utility Generating Units'' (79 Fed. Reg. 34960 (June 18,
2014)).
(4) With respect to the proposed rules described in
paragraphs (1), (2), and (3), any successor or substantially
similar proposed or final rule that--
(A) is issued prior to the date of enactment of
this Act;
(B) is applicable to any new, modified, or
reconstructed source that is a fossil fuel-fired
electric utility generating unit; and
(C) does not meet the requirements under
subsections (b) and (c) of section 3.
(5) Any proposed or final rule or guideline under section
111 of the Clean Air Act (42 U.S.C. 7411) that--
(A) is issued prior to the date of enactment of
this Act; and
(B) establishes any standard of performance for
emissions of any greenhouse gas from any modified
source or reconstructed source that is a fossil fuel-
fired electric utility generating unit or apply to the
emissions of any greenhouse gas from an existing source
that is a fossil fuel-fired electric utility generating
unit.
SEC. 7. RESTATEMENT OF EXISTING LAW.
Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) is
amended--
(1) by striking ``(d)(1) The Administrator'' and inserting
the following:
``(d) Standards of Performance for Existing Sources; Remaining
Useful Life of Source.--
``(1) In general.--The Administrator'';
(2) in paragraph (1)(A)(i), by striking ``section 108(a)
or'' and all that follows through ``but'' and insert ``section
108(a) or emitted from a source category that is regulated
under section 112, but'';
(3) by striking ``(2) The Administrator'' and inserting the
following:
``(2) Authority of the administrator.--The Administrator'';
(4) in the undesignated matter at the end, by striking ``In
promulgating a standard'' and inserting the following:
``(3) Considerations.--In promulgating a standard''; and
(5) by adding at the end the following:
``(4) Prohibition.--The Administrator shall not regulate as
an existing source under this subsection any source category
regulated under section 112.''. | . Affordable Reliable Electricity Now Act of 2015 (Sec. 3) This bill requires the Environmental Protection Agency (EPA) to meet certain conditions prior to issuing, implementing, or enforcing a rule under the Clean Air Act that: (1) establishes a performance standard for greenhouse gas emissions from new, modified, or reconstructed fossil fuel-fired power plants (new power plants); and (2) addresses carbon dioxide emissions from existing fossil fuel-fired power plants (existing power plants). In issuing those rules for new power plants, the EPA must: (1) place power plants fueled with coal and natural gas into separate categories, and (2) establish a separate subcategory for power plants using coal below a specified average heat content. The EPA must base greenhouse gas standards for new power plans on existing carbon capture and storage technology. Before the EPA can establish a greenhouse gas standard based on the best system of emission reduction for new power plants, the standard must first be achieved for at least one year at representative power plants throughout the country. The EPA may not use results obtained from demonstration projects when setting the standard. (Sec. 4) In order to regulate carbon dioxide emissions from existing power plants, the EPA must: report on the quantity of projected greenhouse gas emission reductions, assess the impacts of a rule to EPA's climate indicators, and issue state-specific model plans demonstrating how each state can meet the required greenhouse gas emission reductions. States need not adopt or implement a state plan, or be subject to a federal plan, that addresses carbon dioxide emissions from existing power plants if the plan would negatively affect: (1) economic growth, competitiveness, and jobs; (2) the reliability of its electricity system; or (3) electricity ratepayers by causing rate increases. The bill extends the compliance dates of those rules for existing power plants pending final judicial review. (Sec. 5) State noncompliance with any of those rules for new or existing power plants does not constitute a reason for imposing a highway project sanction. (Sec. 6) The bill nullifies specified rules under the Clean Air Act concerning greenhouse gases from power plants. (Sec. 7) The EPA may regulate an existing power plant for either hazardous air pollutants or non-hazardous pollution, but not both. | Affordable Reliable Electricity Now Act of 2015 |
SECTION 1. AUTHORITY.
The President is authorized to carry out the United States Man and
the Biosphere Program, and to designate a lead agency for the Program.
In collaboration with the lead agency, other Federal agencies may
participate in the United States Man and the Biosphere Program.
SEC. 2. ACTIVITIES.
The activities of the United States Man and the Biosphere Program
shall include--
(1) promotion of interagency cooperation to develop
scientific information pertaining to the relationship between
human activities and the biosphere;
(2) funding of scientific research, with particular focus
on interdisciplinary methodologies, pertaining to the
relationship between human activities and the biosphere;
(3) promotion of public and private partnerships and
linkages that sponsor and promote scientific study, education,
and information exchange on options for prudent management of
natural resources and the relationship between the environment
and human health; and
(4) coordination of the United States Biosphere Reserve
Network to facilitate the study of biological diversity and
encourage the sustainable use of natural resources.
SEC. 3. DESIGNATION OF BIOSPHERE RESERVES.
(a) Requirements.--The lead agency designated under section 1 for
the United States Man and the Biosphere Program may designate as
additions to the United States Biosphere Reserve Network only areas--
(1) that are determined by the lead agency to include--
(A) little-disturbed areas of natural habitat that
are reasonably expected to remain so because of
protection or management under Federal, State, or local
law or regulation in effect before designation under
this section; and
(B) managed use areas;
(2) that are suitable to serve as models of outstanding
stewardship fostering a harmonious relationship between human
activities and the conservation of natural resources;
(3) that have been nominated for designation by the party
or parties holding title to the site, or in the case of public
lands, by the governmental authority administering the site,
after local public comment has been obtained and considered;
and
(4) with respect to which the State in which they are
located has concurred in designation under this section.
(b) Publication.--The lead agency shall use appropriate means to
publicize nationally the nomination of an area for designation under
this section.
(c) Limitation.--Designation of an area as a United States
Biosphere Reserve shall not convey any additional protections or use
restrictions to included areas or impose any obligations upon third
parties, including private parties, nor does it convey any restrictions
or requirements upon private rights or private property land uses
within the area or adjacent to the area. Recognition as a United States
Biosphere Reserve in no way affects United States sovereignty over such
area.
(d) Reporting.--Upon receiving a nomination for designation of an
area under this section, the lead agency shall transmit to the Congress
the information received with respect to the nomination. No area shall
be designated under this section until at least 90 days have passed
after the transmittal of information under this subsection.
SEC. 4. FUNDING AUTHORITY.
In order to support the activities of the United States Man and the
Biosphere Program, the Department of State, the Department of the
Interior, the Department of Agriculture, and any other Federal agency
with authority over the management, protection, or study of natural
resources and the environment may provide financial support or other
resources to the United States Man and the Biosphere Program, including
the provision of grants, contracts, interagency agreements, and
cooperative agreements to support research, science education,
information exchange, and scientific cooperation.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``biosphere'' means the part of the Earth and
its atmosphere in which living things exist;
(2) the term ``managed use area'' means an area that is--
(A) adjacent to a protected area;
(B) useful in defining the relationship between
human activities and the biosphere in that protected
area; and
(C) subject to environmental protection or
management under Federal, State, or local law or
regulation in effect before designation under this
section;
(3) the term ``protected area'' means an area described in
section 3(a)(1)(A); and
(4) the term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and any other commonwealth,
territory, or possession of the United States. | Authorizes the President to carry out the United States Man and the Biosphere Program (Program) and to designate a lead agency for the Program.
(Sec. 2) Requires the activities of the United States Man and the Biosphere Program to include: (1) promotion of interagency cooperation to develop scientific information pertaining to the relationship between human activities and the biosphere; (2) funding of scientific research, with particular focus on interdisciplinary methodologies, pertaining to the relationship between human activities and the biosphere; (3) promotion of public and private partnerships and linkages that sponsor and promote scientific study, education, and information exchange on options for prudent management of natural resources and the relationship between the environment and human health; and (4) coordination of the United States Biosphere Reserve Network to facilitate the study of biological diversity and encourage the sustainable use of natural resources.
(Sec. 3) Sets forth requirements for the designation of areas as additions to the United States Biosphere Reserve Network.
(Sec. 4) Permits the Departments of State, the Interior, and Agriculture and any other Federal agency with authority over the management, protection, or study of natural resources and the environment to provide financial support or other resources to the United States Man and the Biosphere Program to support research, science education, information exchange, and scientific cooperation activities of the United States Man and the Biosphere Program. | To authorize the United States Man and the Biosphere Program, and for other purposes. |
That (a) subtitle B of
title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.) is amended
by inserting after section 739 the following new section:
``SEC. 740A. PRIVATE REMEDY FOR INJURY RESULTING FROM DUMPING.
``(a) Definitions.--For purposes of this section--
``(1) The term `court' means any District Court of the
United States.
``(2) The term `dumped merchandise' means the class or kind
of merchandise sold at less than foreign market value.
``(3) The term `eligible party' means any person described
in subparagraph (C), (D), (E), (F), or (G) of section 771(9)
(including any member or a person described in such
subparagraph (E), (F), or (G)).
``(4) The term `foreign market value' has the same meaning
given such term in section 773.
``(b) Cause of Action.--
``(1) In general.--An eligible party that suffers economic
loss by reason of the importation and sale of dumped
merchandise may bring an action for damages in the court
against any of the following:
``(A) Any manufacturer of the dumped merchandise.
``(B) Any exporter of the dumped merchandise to the
United States.
``(C) Any importer of the dumped merchandise into
the United States, if the importer is an affiliate or
subsidiary of a manufacturer or exporter referred to in
subparagraph (A) or (B).
``(2) Jurisdiction over foreign persons.--For purposes of
actions brought under this section, the court has jurisdiction
over any foreign person that is described in paragraph (1)(A),
(B), or (C).
``(3) Process.--Process may be served on a defendant in any
action commenced under this section in any place within the
United States where the defendant may be found or transacts
business.
``(c) Economic Loss.--
``(1) Applicable period; presumption of loss.--If an action
is brought under subsection (b), and there has been a petition
filed under section 732, the administering authority and the
Commission shall include in their investigations the period
covered by the private action. There shall be a presumption of
economic loss if a petition filed under section 732 on behalf
of an eligible party resulted in affirmative determinations
under subsections (a) and (b) of section 735 regarding a class
or kind of merchandise.
``(2) No presumption of loss.--If there have been no
affirmative determinations under subsections (a) and (b) of
section 735, there shall be no presumption of economic loss.
``(3) Limitation on award.--Under no circumstances shall
the court award damages for a period subject to the potential
assessment of antidumping duties.
``(4) Evaluation of loss.--In evaluating the economic loss
sustained by the eligible party, the court shall consider all
information, including potential lost sales, worker layoffs,
plant closures, or financial losses, submitted by the eligible
party and by parties described in subsection (b)(1)(A), (B), or
(C). The court may consider, but may not require, an
econometric analysis or any other scientific study estimating
the actual effects of the dumped merchandise on the eligible
party.
``(d) Damages.--
``(1) In general.--In any action brought under subsection
(b), the eligible party, upon a finding of liability on the
part of the defendant, is entitled to recover--
``(A) actual damages for the economic loss
(including injury to business or property) sustained by
the eligible party; and
``(B) the costs of the action, including reasonable
attorney's fees.
``(2) Calculation of damages.--In calculating damages for
purposes of this section, the court--
``(A) shall give regard to injury to the eligible
party resulting from the importation into the United
States and sale of dumped merchandise and of other
merchandise, if any, produced by the defendant and that
consists in part of merchandise that, if entered or
withdrawn from warehouse separately, would be dumped
merchandise; and
``(B) may give such regard to the affirmative
finding under subsection (b) of section 735 regarding
the dumped merchandise as it considers appropriate.
``(e) Time for Bringing Action.--
``(1) In general.--Except as provided in paragraph (2), an
action may not be brought under this section unless commenced
within 2 years after the date on which the cause of action
accrues.
``(2) Tolling of limitation.--The running of the 2-year
limitation in paragraph (1) shall be suspended while any
administrative or judicial review of an affirmative
determination under subsection (a) or (b) of section 735 is
pending and until a decision upon that review is rendered.''.
(b) The table of contents for such title VII is amended by adding
after the entry for section 739 the following:
``Sec. 740A. Private remedy for injury resulting from dumping.''. | Amends the Tariff Act of 1930 to create a private cause of action for economic loss to an eligible party by reason of the importation and sale of dumped merchandise (i.e., goods sold at less than foreign market value) against any manufacturer, exporter, or, if the importer is an affiliate or subsidiary of such manufacturer or exporter, importer of such merchandise.
Sets forth provisions with respect to jurisdiction over foreign persons, service of process, presumptions of loss, and limitations on awards.
Directs the court, in evaluating the economic loss sustained by the eligible party, to consider certain information submitted, including potential lost sales, worker layoffs, plant closures, and financial losses. Allows the court to consider an econometric analysis or other scientific study estimating the actual effects of the dumped merchandise on the eligible party.
Specifies that the eligible party, upon a finding of liability on the part of the defendant, is entitled to recover actual damages for economic loss and costs, including reasonable attorney's fees.
Sets forth further provisions with respect to the calculation of damages and the time allowed for bringing an action under this Act. | To provide a private cause of action for the recovery of damages for economic loss caused by the dumping of foreign merchandise into United States markets, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Self-Governance Act of
1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the tribal right of self-governance flows from the
inherent sovereignty of Indian tribes and nations;
(2) the United States recognizes a special government-to-
government relationship with Indian tribes, including the right
of the tribes to self-governance, as reflected in the
Constitution, treaties, Federal statutes, and the course of
dealings of the United States Government with Indian tribes;
(3) although progress has been made, the Federal
bureaucracy, with its centralized rules and regulations, has
eroded tribal self-governance and dominates tribal affairs;
(4) the Tribal Self-Governance Demonstration Project was
designed to improve and perpetuate the government-to-government
relationship between Indian tribes and the United States, and
to strengthen tribal control over Federal funding and program
management; and
(5) Congress has reviewed the results of the Tribal Self-
Governance Demonstration Project and finds that--
(A) transferring control to tribal governments,
upon tribal request, over funding and decisionmaking
for Federal programs, services, functions, and
activities intended to benefit Indians, is an effective
way to implement the Federal policy of government-to-
government relations with Indian tribes; and
(B) transferring control to tribal governments,
upon tribal request, over funding and decisionmaking
for Federal programs, services, functions, and
activities strengthens the Federal policy of Indian
self-determination.
SEC. 3. DECLARATION OF POLICY.
It is the policy of this Act to permanently establish and implement
Self-Governance--
(1) to enable the United States to maintain and improve its
unique and continuing relationship with, and responsibility to,
Indian tribes;
(2) to permit each Indian tribe to choose the extent of the
participation of such tribe in Self-Governance;
(3) to co-exist with the provisions of the Indian Self-
Determination Act relating to provision of Indian services by
designated Federal agencies;
(4) to ensure the continuation of the trust responsibility
of the United States to Indian tribes and Indian individuals;
(5) to permit an orderly transition from Federal domination
of programs and services to provide Indian tribes with
meaningful authority to plan, conduct, redesign, and administer
programs, services, functions, and activities that meet the
needs of the individual tribal communities; and
(6) to provide for an orderly transition through a planned
and measurable parallel reduction in the Federal bureaucracy.
SEC. 4. TRIBAL SELF-GOVERNANCE.
The Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.) is amended by adding at the end the following new
title:
``TITLE IV--TRIBAL SELF-GOVERNANCE
``SEC. 401. ESTABLISHMENT.
``The Secretary of the Interior (referred to in this title as the
`Secretary') shall establish and carry out a program within the
Department of the Interior to be known as Tribal Self-Governance
(referred to in this title as `Self-Governance') in accordance with
this title.
``SEC. 402. SELECTION OF TRIBES.
``(a) Continuing Participation.--Each tribe that is participating
in the Tribal Self-Governance Demonstration Project at the Department
of the Interior under title III on the date of enactment of this title
shall thereafter participate in Self-Governance under this title and
cease participation in the Tribal Self-Governance Demonstration Project
under title III with respect to the Department of the Interior.
``(b) Additional Tribes.--In addition to those tribes participating
in Self-Governance under subsection (a), the Secretary, acting through
the Director of the Office of Self-Governance, may select up to 20 new
tribes per year, from the applicant pool described in subsection (c),
to participate in Self-Governance.
``(c) Applicant Pool.--The qualified applicant pool for Self-
Governance shall consist of each tribe that--
``(1) successfully completes the planning phase described
in subsection (d);
``(2) has requested participation in Self-Governance; and
``(3) has demonstrated, for the previous 3 fiscal years,
financial stability and financial management capability as
evidenced by the tribe having no material audit exceptions in
the required annual audit of the self-determination contracts
of the tribe.
``(d) Planning Phase.--Each tribe seeking to begin participation in
Self-Governance shall complete a planning phase in accordance with this
subsection. The tribe shall be eligible for a grant to plan and
negotiate participation in Self-Governance. The planning phase shall
include--
``(1) legal and budgetary research; and
``(2) internal tribal government planning and
organizational preparation.
``SEC. 403. FUNDING AGREEMENTS.
``(a) Authorization.--The Secretary shall negotiate and enter into
an annual written funding agreement with the governing body of each
participating tribal government.
``(b) Contents.--Each funding agreement shall--
``(1) authorize the tribe to plan, conduct, consolidate,
and administer programs, services, functions, and activities
administered by the Department of the Interior that are
otherwise available to Indian tribes or Indians, including--
``(A) the Act of April 16, 1934 (popularly known as
the `Johnson-O'Malley Act') (48 Stat. 596, chapter 147;
25 U.S.C. 452 et seq.); and
``(B) the Act of November 2, 1921 (popularly known
as the `Snyder Act') (42 Stat. 208, chapter 115; 25
U.S.C. 13);
``(2) subject to the terms of the agreement, authorize the
tribe to redesign programs, services, functions, or activities,
and to reallocate funds for such programs, services, functions,
or activities;
``(3) prohibit the inclusion of funds provided--
``(A) pursuant to the Tribally Controlled Community
College Assistance Act of 1978 (25 U.S.C. 1801 et
seq.);
``(B) for elementary and secondary schools under
the formula developed pursuant to section 1128 of the
Education Amendments of 1978 (25 U.S.C. 2008); and
``(C) to the Flathead Agency Irrigation Division or
the Flathead Agency Power Division, except that nothing
in this section shall affect the contract authority of
such divisions under section 102;
``(4) specify the services to be provided, the functions to
be performed, and the responsibilities of the tribe and the
Secretary pursuant to the agreement;
``(5) authorize the tribe and the Secretary to reallocate
funds or modify budget allocations within any year, and specify
the procedures to be used;
``(6) provide for retrocession of programs or portions of
programs pursuant to section 105(e);
``(7) provide that, for the year for which, and to the
extent to which, funding is provided to a tribe under this
section, the tribe--
``(A) shall not be entitled to contract with the
Secretary for such funds under section 102, except that
such tribe shall be eligible for new programs on the
same basis as other tribes; and
``(B) shall be responsible for the administration
of programs, services, functions, and activities
pursuant to agreements entered into under this section;
and
``(8) prohibit the Secretary from waiving, modifying, or
diminishing in any way the trust responsibility of the United
States with respect to Indian tribes and individual Indians
that exists under treaties, Executive orders, and other laws.
``(c) Submission for Review.--Not later than 90 days before the
proposed effective date of an agreement entered into under this
section, the Secretary shall submit a copy of such agreement to--
``(1) each tribe that is served by the Agency that is
serving the tribe that is a party to the funding agreement;
``(2) the Committee on Indian Affairs of the Senate; and
``(3) the Committee on Natural Resources of the House of
Representatives.
``(d) Payment.--
``(1) In general.--At the request of the governing body of
the tribe and under the terms of an agreement entered into
under this section, the Secretary shall provide funding to the
tribe to carry out the agreement.
``(2) Amount.--Subject to paragraph (3) of this subsection
and paragraphs (1) and (3) of subsection (b), the Secretary
shall provide funds to the tribe for one or more programs,
services, functions, or activities in an amount equal to the
amount that the tribe would have been eligible to receive under
contracts and grants under this Act, including direct program
costs and indirect costs, and for any funds that are
specifically or functionally related to the provision by the
Secretary of services and benefits to the tribe and its
members.
``(3) Trust services.--Funds for trust services to
individual Indians shall be available under an agreement
entered into under this section only to the extent that the
same services that would have been provided by the Secretary
are provided to individual Indians by the tribe.
``(e) Civil Actions.--
``(1) Definition of `contract'.--Except as provided in
paragraph (2), for the purposes of section 110, the term
`contract' shall include agreements entered into under this
title.
``(2) Professional contracts.--For the period that an
agreement entered into under this title is in effect, the
provisions of section 2103 of the Revised Statutes of the
United States (25 U.S.C. 81), and section 16 of the Act of June
18, 1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476), shall not
apply to attorney and other professional contracts by Indian
tribal governments participating in Self-Governance under this
title.
``(f) Facilitation.--
``(1) Interpretation.--Except as otherwise provided by law,
the Secretary shall interpret each Federal law and regulation
in a manner that will facilitate--
``(A) the inclusion of programs, services,
functions, and activities in the agreements entered
into under this section; and
``(B) the implementation of agreements entered into
under this section.
``(2) Waiver.--
``(A) Request.--A tribe may submit a written
request for a waiver to the Secretary identifying the
regulation sought to be waived and the basis for the
request.
``(B) Decision.--Not later than 60 days after
receipt by the Secretary of a written request by a
tribe to waive application of a Federal regulation for
an agreement entered into under this section, the
Secretary shall either approve or deny the requested
waiver in writing to the tribe. A denial may be made
only upon a specific finding by the Secretary that
identified language in the regulation may not be waived
because such waiver is prohibited by Federal law.
``(C) Appeal.--Not later than 60 days after denial
of a waiver request, the Secretary shall, at the
request of a tribe, provide the tribe with a hearing on
the record and opportunity for an appeal.
``SEC. 404. BUDGET REQUEST.
``The Secretary shall identify, in the annual budget request of the
President to the Congress, any funds proposed to be included in Self-
Governance.
``SEC. 405. REPORTS.
``(a) Requirement.--Not later than January 1 of each year after the
date of enactment of this title, the Secretary shall submit to Congress
a report regarding the administration of this title.
``(b) Contents.--The report shall--
``(1) identify the relative costs and benefits of Self-
Governance;
``(2) identify, with particularity, all funds that are
specifically or functionally related to the provision by the
Secretary of services and benefits to Self-Governance tribes
and their members, and the corresponding reductions in the
Federal bureaucracy; and
``(3) include the separate views of the tribes.
``SEC. 406. EFFECT ON OTHER AGREEMENTS AND LAWS.
``Nothing in this title shall be construed to limit or reduce in
any way the services, contracts, or funds that any other Indian tribe
or tribal organization is eligible to receive under section 102 or any
other applicable Federal law.
``SEC. 407. NEGOTIATED RULEMAKING.
``(a) In General.--Not later than 90 days after the date of
enactment of this title, at the request of a majority of the Indian
tribes with agreements under this title, the Secretary shall initiate
procedures under subchapter III of chapter 5 of title 5, United States
Code, to negotiate and promulgate such regulations as are necessary to
carry out this title.
``(b) Committee.--A negotiated rulemaking committee established
pursuant to section 565 of title 5, United States Code, to carry out
this section, shall have as its members only Federal and tribal
government representatives, a majority of whom shall be representatives
of Indian tribes with agreements under this title.
``(c) Adaptation of Procedures.--The Secretary shall adapt the
negotiated rulemaking procedures to the unique context of Self-
Governance and the government-to-government relationship between the
United States and the Indian tribes.
``(d) Effect.--The lack of promulgated regulations shall not limit
the effect of this title.
``SEC. 408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this title.''.
Passed the Senate November 24 (legislative day, November
23), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Tribal Self-Governance Act of 1993 - Amends the Indian Self-Determination and Education Assistance Act to establish within the Department of the Interior a program of Tribal Self-Governance. Authorizes up to 20 additional tribal participants each year.
Directs the Secretary of the Interior to enter into annual funding agreements with the governing body of each participating tribe.
Authorizes appropriations. | Tribal Self-Governance Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``DTV Border Fix Act''.
SEC. 2. CONTINUATION OF ANALOG BROADCASTING ALONG COMMON BORDER WITH
MEXICO.
Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following:
``(D) Continuation of analog broadcasting along
common border with mexico.--
``(i) In general.--Notwithstanding any
other provision of this section, any television
station that has been granted a full-power
television broadcast license that authorizes
analog television service prior to February 17,
2009, that is licensed by the Commission to
serve communities located within 50 miles of
the United States common border with Mexico,
and that can establish to the satisfaction of
the Commission that such station's continued
broadcasting of television service in analog is
in the public interest, shall during the period
beginning on the date of enactment of the DTV
Border Fix Act, and ending February 17, 2014--
``(I) be entitled to the renewal of
such station's television broadcast
license authorizing analog television
service; and
``(II) operate such television
service on a channel between 2 and 51.
``(ii) Conditions.--The rights, privileges,
and obligations described under clause (i)
shall only be extended if the following
requirements are satisfied:
``(I) Any channel used for the
distribution of analog television
service shall not--
``(aa) prevent the auction
of recovered spectrum pursuant
to paragraph (15);
``(bb) prevent the use of
recovered spectrum for any
public safety service pursuant
to section 337(a)(1); and
``(cc) encumber or
interfere with any channel
reserved for public safety use,
as such channels are designated
in ET Docket No. 97-157.
``(II) Each station described in
clause (i) operates on its assigned
analog channel, as of February 16,
2009, if such channel--
``(aa) is between 2 and 51;
``(bb) has not previously
been assigned to such station
or any another station for
digital operation after the
digital transition required
under subparagraph (A); and
``(cc) could be used by
such station for broadcasting
analog television service after
the digital transition required
under subparagraph (A) without
causing interference to any
previously authorized digital
television stations.
``(III) If such station does not
meet the requirements under subclause
(II) for operation on its assigned
analog channel, as of February 16,
2009, such station may request, and the
Commission shall promptly act upon such
request, to be assigned a new channel
for broadcasting analog television
service, provided that such newly
requested channel shall--
``(aa) be between channels
2 and 51; and
``(bb) allow such station
to operate on a primary basis
without causing interference
to--
``(AA) any other
analog or digital
television station; or
``(BB) any station
licensed to operate in
any other radio service
that also operates on
channels between 2 and
51.
``(iii) Mutually exclusive applications.--
If mutually exclusive applications are
submitted for the right to use a channel in
order to broadcast analog television service
pursuant to this subparagraph, the Commission
shall--
``(I) award the authority to use
such channel for such purpose through
the application of the procedures
established under this section; and
``(II) give due consideration to
any resolution procedures established
by the Commission.''. | DTV Border Fix Act - Amends the Communications Act of 1934 to allow the renewal of a full-power analog television broadcasting license through February 17, 2014, for stations located within 50 miles of the U.S. border with Mexico, provided certain requirements are met, including that the renewal does not prevent the auction of recovered spectrum or encumber or interfere with any channel reserved for public safety use.
Requires the Federal Communications Commission (FCC), if mutually exclusive applications are submitted to use a channel under the amendments made by this Act, to award the authority to use the channel through competitive bidding under existing procedures. | To address the digital television transition in border states. |
SECTION 1. DEDUCTION FOR INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR REAL
PROPERTY TAX INSURANCE WITH RESPECT TO PRINCIPAL
RESIDENCE.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. DEDUCTION FOR INDIVIDUALS WHO HAVE ATTAINED AGE 55 FOR REAL
PROPERTY TAX INSURANCE WITH RESPECT TO PRINCIPAL
RESIDENCE.
``(a) In General.--In the case of an individual who has attained
age 55 before the close of the taxable year, there shall be allowed as
a deduction an amount equal to the premiums paid or incurred during the
taxable year for any qualified real property tax insurance contract
with respect to the principal residence of such individual.
``(b) Qualified Real Property Tax Insurance Contract.--For purposes
of this section--
``(1) In general.--The term `qualified real property tax
insurance contract' means any insurance contract--
``(A) which permits premiums to be paid for such
insurance only after the policyholder attains age 55
and before the policyholder attains age 65,
``(B) which pays, at the election of the
policyholder--
``(i) the excess of--
``(I) the amount of the State and
local real property taxes imposed on
the principal residence of the
policyholder for each real property tax
year in the insured period, over
``(II) the amount of such taxes
imposed on such residence for the last
real property tax year beginning before
the insured period (or, if later, the
first real property tax year for which
the policyholder was liable for such
taxes imposed on such residence), or
``(ii) the amount of the State and local
real property taxes imposed on the principal
residence of the policyholder for each real
property tax year in the insured period,
``(C) which provides for a refund of the cash value
of the insurance contract (if any) if--
``(i) the residence is sold or exchanged
before the end of the insured period, or
``(ii) the insured period ends by reason of
the last sentence of paragraph (2), and
``(D) in the case of a husband and wife who are
joint policyholders, which provides for a waiver of
premiums for such insurance after the death of either
spouse.
``(2) Insured period.--The term `insured period' means--
``(A) in the case of an election to have paragraph
(1)(B)(i) apply, the 10 real property tax years
beginning after the date the policyholder attains age
65, and
``(B) in the case of an election to have paragraph
(1)(B)(ii) apply, the number of real property tax years
(beginning after the date the policyholder attains age
65) selected by the policyholder but only if the number
selected is 5, 10, 15, or 20.
In no event shall the insured period end after the close of the
real property tax year in which the last policyholder dies.
``(3) Principal residence.--The term `principal residence'
has the meaning given to such term by section 1034.
``(4) State and local real property taxes.--The term `State
and local real property taxes' means any real property tax
which is a State or local tax (within the meaning of section
164(b)(2)); except that such term shall not include any amount
for which a deduction is not allowable by reason of section
164(c)(1).
``(c) Premium Requirements.--
``(1) In general.--Except as provided in paragraph (2), an
insurance contract shall be treated as a qualified real
property tax insurance contract only if the annual premium for
any year does not exceed the amount equal to 150 percent of the
amount of the State and local real property taxes imposed on
the principal residence of the policyholder for the real
property tax year ending during the preceding year.
``(2) Single premiums permitted in certain cases.--
Paragraph (1) shall not apply to any premium paid during any
calendar year if--
``(A) not less than the amount of such premium is
paid or distributed during such year to the taxpayer
from any individual retirement plan of the taxpayer, or
``(B) the taxpayer receives during such year a lump
sum distribution (as defined in section 402(d)(4)) in
an amount not less than the amount of such premium.
This paragraph shall not apply if the amount of any premium
paid, when added to premiums previously paid, exceeds the
amount reasonably necessary (as determined under regulations
prescribed by the Secretary) to fund the payments referred to
in subsection (b)(1)(B).
``(d) Special Rules for Married Individuals.--For purposes of this
section--
``(1) In general.--In the case of a husband and wife who
are joint policyholders, this section shall be applied by
taking into account only the age of the older spouse.
``(2) Property of deceased spouse.--If--
``(A) an individual's spouse died during the period
applicable under subsection (b)(1)(A),
``(B) such spouse was the older spouse, and
``(C) any premium for any qualified real property
tax insurance contract was paid by either spouse before
the date of such death,
the age the older spouse would have been shall continue to be
the only age taken into account for purposes of this section.
``(e) Other Special Rules.--
``(1) Tax treatment of refund of cash value.--Any refund of
the cash value of any qualified real property tax insurance
contract shall be includible in gross income for the taxable
year in which received.
``(2) Denial of deduction for payment of taxes.--No
deduction shall be allowed under this chapter for any payment
of tax under any qualified real property tax insurance
contract.
``(3) Tenant-stockholder in cooperative housing
corporation.--A rule similar to the rule of section 1034(f)
shall apply for purposes of this section.''
(b) Deduction Allowed Whether or Not Taxpayer Itemizes Other
Deductions.--Subsection (a) of section 62 of such Code is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Qualified real property tax insurance premiums.--The
deduction allowed by section 220.''
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the last
item and inserting the following new items:
``Sec. 220. Deduction for individuals who
have attained age 55 for real
property tax insurance with
respect to principal residence.
``Sec. 221. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow, for taxpayers at least 55 years old, a deduction for the premiums for principal residence real property tax insurance. Allows the deduction whether or not the taxpayer itemizes other deductions. | To amend the Internal Revenue Code of 1986 to allow an individual who has attained age 55 a deduction for amounts paid for insurance to be used to pay real property taxes on the principal residence of the individual after the individual has attained age 65. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Meat and Poultry Inspection
Panel Act''.
SEC. 2. ESTABLISHMENT OF SAFE MEAT AND POULTRY INSPECTION PANEL.
The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended
by adding at the end thereof the following new section:
``Sec. . Safe Meat and Poultry Inspection Panel.--``(a)
Establishment.--There is hereby established in the Department of
Agriculture a permanent advisory panel known as the ``Safe Meat and
Poultry Inspection Panel''.
``(b) Purpose.--The Safe Meat and Poultry Inspection Panel shall
review, evaluate, and make comments and recommendations in the form of
a report to the Secretary on the adequacy, necessity, safety, cost-
effectiveness, and scientific merit of the following:
(1) Inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act.
(2) Informal petitions or proposals for changes in
inspection procedures, processes, and techniques of plants
inspected under this Act.
(3) Formal changes in meat inspection regulations, either
in notice, proposed, or final form, promulgated by virtue of
authority granted by this Act and within the time limits
prescribed for formal comments on such changes.
(4) Such other matters as may be referred to the panel by
the Secretary regarding the quality or effectiveness of a safe
and cost-effective meat inspection system under this Act.
``(c) Composition of Panel.--The Safe Meat and Poultry Inspection
Panel shall be composed of 7 members, not less than 5 of which members
shall be from the food, meat, and poultry science profession, appointed
to staggered terms not to exceed three years by the Secretary from
nominations received from the National Institutes of Health and the
American Meat Science Association and based upon the professional
qualifications of the nominees.
``(d) Nominations.--In constituting the original Safe Meat and
Poultry Inspection Panel, the Secretary shall initially solicit 6
nominees from the National Institutes of Health and 6 nominees from the
American Meat Science Association for membership on the panel. Any
subsequent vacancy on the panel shall be filled by the Secretary after
soliciting 2 nominees from the National Institutes of Health and 2
nominees from the American Meat Science Association. Nominees shall
have a background in public health issues and a scientific expertise in
food, meat, and poultry sciences or in veterinary science. The
Secretary may require nominees to submit such additional information as
the Secretary may deem necessary prior to completing the selection
process. Should any list of nominees provided under this subsection be
unsatisfactory, the Secretary may request an additional set of nominees
from the nominating entities.
``(e) Compensation.--Each member of the panel shall receive per
diem compensation at a rate not in excess of that fixed for GS-18 of
the General Schedule as may be determined by the Secretary, except that
any such member who holds another office or position under the Federal
Government the compensation of which exceeds such rate may elect to
receive compensation at the rate provided for such other office or
position in lieu of the compensation provided by this subsection.
``(f) Conflict of Interest.--The Secretary shall promulgate
regulations regarding conflicts of interest with respect to the members
of the panel.
``(g) Publication in Federal Register.--Any report of the panel to
the Secretary shall be published in the Federal Register.
``(h) Secretarial Response.--Within 90 days of the publication of a
panel report under this section, the Secretary shall publish in the
Federal Register any response required of the Secretary to that report.
``(i) Funding.--From funds available to the Secretary, the
Secretary shall allocate such sums as may be necessary to carry out
this section.''.
SEC. 3. CONFORMING AMENDMENTS.
The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is
amended by adding at the end thereof the following new section:
``Sec. . Safe Meat and Poultry Inspection Panel.--The advisory
panel known as the `Safe Meat and Poultry Inspection Panel' established
in section of the Federal Meat Inspection Act (21 U.S.C. )
shall also review, evaluate and make comments and recommendations in
the form of a report to the Secretary on the adequacy, necessity,
safety, cost-effectiveness, and scientific merit of the following:
(1) Inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act.
(2) Informal petitions or proposals for changes in
inspection procedures, processes, or techniques of plants
inspected under this Act.
(3) Formal changes in poultry inspection regulations,
either in notice, proposed, or final form, promulgated by
virtue of authority granted by this Act and within the time
limits prescribed for formal comments on such changes.
(4) Such other matters as may be referred to the panel by
the Secretary regarding the quality or effectiveness of a safe
and cost-effective poultry inspection system under this Act.''. | Safe Meat and Poultry Inspection Panel Act - Amends the Federal Meat Inspection Act to establish in the Department of Agriculture the Safe Meat and Poultry Inspection Panel which shall evaluate Federal meat and poultry inspection procedures and related matters.
Amends the Poultry Products Inspection Act to require the Panel to report to the Secretary on a safe and cost-effective poultry inspection system and on other related matters. | Safe Meat and Poultry Inspection Panel Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Teacher Recruitment and
Retention Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Over the next 10 years, a large percentage of teachers
will retire, leaving American classrooms, particularly urban
and rural classrooms, facing a serious teacher shortage.
(2) The Nation will need 2,000,000 new teachers over the
next 10 years. Unfortunately, in the past this need has been
met by admitting some unqualified teachers to the classroom.
(3) There is also a chronic shortage of fully certified
special education teachers, averaging about 27,000 per year.
While the demand is ever present, institutes of higher
education are graduating fewer teachers qualified in special
education.
(4) Moreover, the burdensome paperwork and legal
requirements are factors which lead special education teachers
to leave the profession. More special education teachers move
into the general education realm than vice versa.
(5) High quality teachers are the first vital step in
ensuring students receive a high quality education.
(6) Potentially valuable teacher candidates are often lured
into different careers by higher compensation.
(7) High-quality prospective teachers need to be identified
and recruited by presenting to them a career that is respected
by their peers, is financially and intellectually rewarding,
and contains sufficient opportunities for advancement.
(8) Teacher loan forgiveness gives high-poverty schools an
effective incentive for recruiting and retaining much-needed
high quality teachers.
(9) Loan forgiveness for high-need teachers, including
special education teachers, can be a critical link in
increasing the supply of these essential educators.
(b) Purpose.--The purpose of this Act is to encourage individuals
to enter and continue in the teaching profession in order to ensure
that high quality teachers are recruited and retained in areas where
they are most needed so students attending school in such areas receive
a quality education.
SEC. 3. EXPANDED LOAN FORGIVENESS PROGRAM FOR TEACHERS.
(a) Program.--
(1) In general.--The Secretary of Education (in this
section referred to as the ``Secretary'') shall carry out a
program of assuming the obligation to repay, pursuant to
subsection (c), a loan made, insured, or guaranteed under part
B of title IV of the Higher Education Act of 1965 or part D of
such title (excluding loans made under sections 428B and 428C
of such Act or comparable loans made under part D of such
title) for any borrower who--
(A) is a new teacher;
(B)(i) is employed, for 3 consecutive complete
school years, as a full-time teacher in a school that
qualifies under section 465(a)(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) for
loan cancellation for a recipient of a loan under part
E of title IV of such Act who teaches in such schools;
or
(ii) is employed, for 3 consecutive complete school
years, as a full-time special education teacher, or as
a full-time teacher of special needs children;
(C) satisfies the requirements of subsection (d);
and
(D) is not in default on a loan for which the
borrower seeks forgiveness.
(2) Award basis; priority.--
(A) Award basis.--Subject to subparagraph (B), loan
repayment under this section shall be on a first-come,
first-serve basis and subject to the availability of
appropriations.
(B) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
(3) Regulations.--The Secretary is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(b) Loan Repayment.--
(1) Eligible amount.--The amount the Secretary may repay on
behalf of any individual under this section shall not exceed--
(A) the sum of the principal amounts outstanding
(not to exceed $5,000) of the individual's qualifying
loans at the end of 3 consecutive complete school years
of service described in subsection (a)(1)(B);
(B) an additional portion of such sum (not to
exceed $7,500) at the end of each of the next 2
consecutive complete school years of such service; and
(C) a total of not more than $20,000.
(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under part B or D of title IV of the Higher Education Act
of 1965.
(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
(c) Repayment to Eligible Lenders.--The Secretary shall pay to each
eligible lender or holder for each fiscal year an amount equal to the
aggregate amount of loans which are subject to repayment pursuant to
this section for such year.
(d) Application for Repayment.--
(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
(2) Years of service.--An eligible individual may apply for
loan repayment under this section after completing the required
number of years of qualifying employment.
(3) Fully qualified teachers in public elementary or
secondary schools.--An application for loan repayment under
this section shall include such information as is necessary to
demonstrate that the applicant--
(A) if teaching in a public elementary, middle, or
secondary school (other than as a teacher in a public
charter school), has obtained State certification as a
teacher (including certification obtained through
alternative routes to certification) or passed the
State teacher licensing exam and holds a license to
teach in such State; and
(B) if teaching in--
(i) a public elementary school, holds a
bachelor's degree and demonstrates knowledge
and teaching skills in each of the subject
areas in which he or she provides instruction;
or
(ii) a public middle or secondary school,
holds a bachelor's degree and demonstrates a
high level of competency in all subject areas
in which he or she teaches through--
(I) a high level of performance on
a rigorous State or local academic
subject areas test; or
(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
(4) Teachers in nonprofit private elementary or secondary
schools or charter schools.--In the case of an applicant who is
teaching in a nonprofit private elementary or secondary school,
or in a public charter school, an application for loan
repayment under this section shall include such information as
is necessary to demonstrate that the applicant has knowledge
and teaching skills in each of the subject areas in which he or
she provides instruction, as certified by the chief
administrative officer of the school.
(e) Treatment of Consolidation Loans.--A loan amount for a
consolidation loan made under section 428C of the Higher Education Act
of 1965, or a Federal Direct Consolidation Loan made under part D of
title IV of such Act, may be a qualified loan amount for the purpose of
this section only to the extent that such loan amount was used by a
borrower who otherwise meets the requirements of this section to
repay--
(1) a loan made under section 428 or 428H of such Act; or
(2) a Federal Direct Stafford Loan, or a Federal Direct
Unsubsidized Stafford Loan, made under part D of title IV of
such Act.
(f) Additional Eligibility Provisions.--
(1) Continued eligibility.--Any teacher who performs
service in a school that--
(A) meets the requirements of subsection (a)(1)(B)
in any year during such service; and
(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be eligible for
loan forgiveness pursuant to subsection (a).
(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this section and
subtitle D of title I of the National and Community Service Act
of 1990 (42 U.S.C. 12571 et seq.).
(3) Definition of new teacher.--The term ``new teacher''
means an individual who has not previously been employed as a
teacher in an elementary or secondary school prior to August 1,
2001, excluding employment while engaged in student teaching
service or comparable activity that is part of a preservice
education program.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal year 2002 and for each of the 4
succeeding fiscal years. | Quality Teacher Recruitment and Retention Act - Directs the Secretary of Education to carry out a program of student loan forgiveness in exchange for the borrower's commitment to three consecutive years of full-time teaching in low-income schools or special education teaching. | To expand loan forgiveness for teachers, and for other purposes. |
SECTION 1. AMENDMENTS RELATING TO THE CIVIL SERVICE RETIREMENT SYSTEM.
(a) In General.--Subchapter III of chapter 83 of title 5, United
States Code, is amended by inserting after section 8335 the following:
``Sec. 8335a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
subchapter, effective as of the first day of the first Congress
beginning after the date of the enactment of this section--
``(1) a Member shall not be subject to this subchapter for
any further period of time; and
``(2) no further Government contributions or deductions
from basic pay may be made with respect to such Member for
deposit in the Treasury of the United States to the credit of
the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter with respect to any
Member covering any period prior to the first day referred to in
subsection (a).
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--Any regulations necessary to carry out this
section may--
``(1) be prescribed by the Director of the Office of
Personnel Management, except with respect to matters under
paragraph (2); and
``(2) with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Executive Director (as
defined by section 8401(13)).''.
(b) Clerical Amendment.--The table of sections of chapter 83 of
title 5, United States Code, is amended by inserting after the item
relating to section 8335 the following:
``8335a. Termination of further retirement coverage of Members of
Congress.''.
SEC. 2. AMENDMENTS RELATING TO THE FEDERAL EMPLOYEES' RETIREMENT
SYSTEM.
(a) In General.--Subchapter II of chapter 84 of title 5, United
States Code, is amended by inserting after section 8425 the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
chapter, effective as of the first day of the first Congress beginning
after the date of the enactment of this section--
``(1) in the case of an individual who first becomes a
Member before such first day--
``(A) such Member shall not be subject to this
chapter for any further period of time after such first
day or, if later, the date on which such Member
completes at least 5 years of Member service; and
``(B) no further Government contributions or
deductions from basic pay may be made with respect to
such Member, for deposit in the Treasury of the United
States to the credit of the Fund, after such Member
ceases to be subject to this chapter; and
``(2) in the case of an individual who first becomes a
Member on or after such first day--
``(A) such Member shall not be subject to this
chapter; and
``(B) no Government contributions or deductions
from basic pay may be made with respect to such Member
for deposit in the Treasury of the United States to the
credit of the Civil Service Retirement and Disability
Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the first day referred to in subsection
(a).
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--Any regulations necessary to carry out this
section may--
``(1) be prescribed by the Director of the Office of
Personnel Management, except with respect to matters under
paragraph (2); and
``(2) with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Executive Director (as
defined by section 8401(13)).''.
(b) Clerical Amendment.--The table of sections of chapter 84 of
title 5, United States Code, is amended by inserting after the item
relating to section 8425 the following:
``8425a. Termination of further retirement coverage of Members of
Congress.''. | Amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress from further CSRS and FERS retirement coverage. Prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. States that nothing in this Act shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before the first day of the first Congress after enactment of this Act; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law. | To amend title 5, United States Code, to provide for the termination of further retirement coverage of Members of Congress, except for the right to participate in the Thrift Savings Plan, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generic Prescription Drug Fairness
Act of 2005''.
SEC. 2. IMPROVED REGULATION OF AUTHORIZED GENERIC DRUGS AND OTHER DRUGS
SOLD UNDER A NEW DRUG APPLICATION APPROVED UNDER SECTION
505(C) OF THE FEDERAL FOOD, DRUG, AND COSMETIC ACT.
(a) Inclusion With Other Reported Average Manufacturer and Best
Prices.--Section 1927(b)(3)(A) (42 U.S.C. 1396r-8(b)(3)(A)) is
amended--
(1) by striking clause (i) and inserting the following:
``(i) not later than 30 days after the last
day of each rebate period under the agreement--
``(I) on the average manufacturer
price (as defined in subsection (k)(1))
for each covered outpatient drug for
the rebate period under the agreement
(including for each such drug that is
an authorized generic drug or is any
other drug sold under a new drug
application approved under section
505(c) of the Federal Food, Drug, and
Cosmetic Act); and
``(II) for each single source drug,
innovator multiple source drug,
authorized generic drug, and any other
drug sold under a new drug application
approved under section 505(c) of the
Federal Food, Drug, and Cosmetic Act,
on the manufacturer's best price (as
defined in subsection (c)(1)(C)) for
such drug for the rebate period under
the agreement;''; and
(2) in clause (ii), by inserting ``(including for such
drugs that are authorized generic drugs or are any other drugs
sold under a new drug application approved under section 505(c)
of the Federal Food, Drug, and Cosmetic Act)'' after ``drugs''.
(b) Conforming Amendments.--Section 1927 of such Act (42 U.S.C.
1396r-8) is amended--
(1) in subsection (c)(1)(C)--
(A) in clause (i), in the matter preceding
subclause (I), by striking ``or innovator multiple
source drug of a manufacturer'' and inserting ``,
innovator multiple source drug, or authorized generic
drug of a manufacturer, or any other drug of a
manufacturer that is sold under a new drug application
approved under section 505(c) of the Federal Food,
Drug, and Cosmetic Act''; and
(B) in clause (ii)--
(i) in subclause (II), by striking ``and''
at the end;
(ii) in subclause (III), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(IV) in the case of a
manufacturer that approves, allows, or
otherwise permits an authorized generic
drug or any other drug of the
manufacturer to be sold under a new
drug application approved under section
505(c) of the Federal Food, Drug, and
Cosmetic Act, shall be inclusive of the
lowest price for such authorized
generic or other drug available from
the manufacturer during the rebate
period to any wholesaler, retailer,
provider, health maintenance
organization, nonprofit entity, or
governmental entity within the United
States, excluding those prices
described in subclauses (I) through
(IV) of clause (i).''; and
(2) in subsection (k)--
(A) in paragraph (1)--
(i) by striking ``The term'' and inserting
the following:
``(A) In general.--The term''; and
(ii) by adding at the end the following:
``(B) Inclusion of authorized generic drugs.--In
the case of a manufacturer that approves, allows, or
otherwise permits an authorized generic drug or any
other drug of the manufacturer to be sold under a new
drug application approved under section 505(c) of the
Federal Food, Drug, and Cosmetic Act, such term shall
be inclusive of the average price paid for such
authorized generic or other drug by wholesalers for
drugs distributed to the retail pharmacy class of
trade, after deducting customary prompt pay
discounts.''; and
(B) by adding at the end the following:
``(10) Authorized generic drug.--The term `authorized
generic drug' means a listed drug (as that term is used in
section 505(j) of the Federal Food, Drug, and Cosmetic Act
that--
``(A) has been approved under section 505(c) of
such Act; and
``(B) is marketed, sold, or distributed directly or
indirectly to retail class of trade under a different
labeling, packaging (other than repackaging as the
listed drug in blister packs, unit doses, or similar
packaging for use in institutions), product code,
labeler code, trade name, or trade mark than the listed
drug.''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2005.
SEC. 3. APPLICATION OF BASIC REBATE FOR SINGLE SOURCE AND INNOVATOR
MULTIPLE SOURCE DRUGS.
(a) In General.--Section 1927(c)(1) of the Social Security Act (42
U.S.C. 1396r-8(c)(1)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``or an innovator multiple source drug'' and
inserting ``, an innovator multiple source drug, or an
authorized generic drug or any other drugs sold under a new
drug application approved under section 505(c) of the Federal
Food, Drug, and Cosmetic Act''; and
(2) in subparagraph (C)(i), by striking ``or innovator
multiple source drug'' and inserting ``, an innovator multiple
source drug, or an authorized generic drug or any other drugs
sold under a new drug application approved under section 505(c)
of the Federal Food, Drug, and Cosmetic Act''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of enactment of this Act and shall apply to
rebate agreements entered into or renewed on or after that date. | Generic Prescription Drug Fairness Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to revise requirements for drug manufacturer reports to the Secretary of Health and Human Services on the average manufacturer price for each covered outpatient drug and the manufacturer's best price for single source and innovator multiple source drugs. Requires manufacturers to report also on the manufacturer's best price for each authorized generic drug and any other drugs sold under a new drug application approved under the Federal Food, Drug, and Cosmetic Act.
Applies the basic rebate for single source and innovator multiple source drugs to authorized generic drugs and any other drugs sold under an approved new drug application. | A bill to amend title XIX of the Social Security Act to require drug manufacturers to report the average manufacturer price and the best price of authorized generic drugs and any other drugs sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act to the Secretary of Health and Human Services. |
SECTION 1. PERCENTAGE LIMITATION ON NONPARTY MULTICANDIDATE POLITICAL
COMMITTEE CONTRIBUTIONS ACCEPTED BY HOUSE OF
REPRESENTATIVES CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to an
election, accept contributions from nonparty multicandidate political
committees that, in the aggregate, exceed 40 percent of the total of
contributions accepted from all sources.''.
SEC. 2. INCOME TAX CREDIT FOR CONTRIBUTIONS TO NONINCUMBENT HOUSE OF
REPRESENTATIVES CANDIDATES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 23 the
following new section:
``SEC. 24. CONTRIBUTIONS TO NONINCUMBENT HOUSE OF REPRESENTATIVES
CANDIDATES.
``(a) General Rule.--In the case of an individual, there shall be
allowed, subject to the limitations of subsection (b), as a credit
against the tax imposed by this chapter for the taxable year, an amount
equal to one-half of all contributions to candidates for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress (other than contributions to an incumbent of any such office),
payment of which is made by the taxpayer within the taxable year.
``(b) Limitations.--
``(1) Maximum credit.--The credit allowed by subsection (a)
for a taxable year shall not exceed $50 ($100 in the case of a
joint return under section 6013).
``(2) Verification.--The credit allowed by subsection (a)
shall be allowed, with respect to any contribution, only if
such contribution is verified in such manner as the Secretary
shall prescribe by regulations.
``(c) Definitions.--For purposes of this section, the terms
`candidate' and `contribution' have the meanings given those terms in
section 301 of the Federal Election Campaign Act of 1971.
``(d) Cross Reference.--
``For disallowance of credits to
estates and trusts, see section 642(a)(2).''.
(b) Technical Amendments.--
(1) Subsection (a) of section 642 of such Code is amended
to read as follows:
``(a) Credits Against Tax.--
``(1) Foreign tax credit allowed.--An estate or trust shall
be allowed the credit against tax for taxes imposed by foreign
countries and possessions of the United States, to the extent
allowed by section 901, only in respect of so much of the taxes
described in such section as is not properly allocable under
such section to the beneficiaries.
``(2) Credit for contributions to nonincumbent house of
representatives candidates not allowed.--An estate or trust
shall not be allowed the credit against tax for contributions
to nonincumbent House of Representatives candidates provided by
section 24.''.
(2) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 23 the following new item:
``Sec. 24. Contributions to nonincumbent
House of Representatives
candidates.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1993.
SEC. 3. NOTIFICATION REQUIREMENTS FOR EXPENDITURES BY CERTAIN POLITICAL
COMMITTEES IN HOUSE OF REPRESENTATIVES ELECTIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following new subsection:
``(d) In addition to any other reporting requirement provided for
by law, each political committee (other than a political committee of a
political party or a political committee of a candidate for the office
of Representative in, or Delegate or Resident Commissioner to, the
Congress) that makes expenditures with respect to an election for such
office shall--
``(1) not later than one week after the date on which such
committee makes aggregate expenditures in excess of $50, so
notify each candidate in the election;
``(2) in the case of a committee to which paragraph (1)
applies, simultaneously with submission of any report of
expenditures to the Commission, notify each candidate in the
election of all expenditures in the reporting period; and
``(3) not later than one week after the date on which such
committee makes any single expenditure in excess of $50, so
notify each candidate in the election.''.
SEC. 4. PERCENTAGE LIMITATION ON OUT-OF-STATE CONTRIBUTIONS ACCEPTABLE
BY HOUSE OF REPRESENTATIVES CANDIDATES.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 1 of this Act, is further amended by
adding at the end the following new subsection:
``(j) A candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress may not, with respect to an
election, accept contributions from individuals who are not residents
of the State involved that, in the aggregate, exceed 25 percent of the
total of contributions accepted from all individuals.''.
SEC. 5. REDUCTION IN THRESHOLD AMOUNT FOR REPORTING OF CERTAIN
CONTRIBUTIONS AND EXPENDITURES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 3, is further amended by striking out
``$200'' each place it appears and inserting in lieu thereof ``$50''.
SEC. 6. REDUCED THIRD CLASS MAIL RATE FOR NONINCUMBENTS IN HOUSE OF
REPRESENTATIVES ELECTIONS.
(a) In General.--Chapter 34 of title 39, United States Code, is
amended by adding at the end the following new section:
Sec. 3407. Reduced third class mail rate for nonincumbents in House of
Representatives elections
``(a)(1) A nonincumbent candidate for the office of Representative
in, or Delegate or Resident Commissioner to, the Congress shall be
entitled to send third class campaign material through the mails at a
rate equal to one-half of the third class bulk mail rate.
``(2) The rate provided for in subsection (a) shall be available--
``(A) for 3 mailings in the congressional district
involved; and
``(B) only for material mailed to households with resident
registered voters.
``(b) There are authorized to be appropriated such amounts as may
be necessary to reimburse the Postal Service for the difference between
the revenues received for campaign materials mailed under subsection
(a) and the revenues that the Postal Service would have received if
such materials had been carried at the regular rate.''.
(b) Clerical Amendment.--The table of sections for chapter 34 of
title 39, United States Code, is amended by adding at the end the
following new item:
``3407. Reduced third class mail rate for
nonincumbents in House of
Representatives elections.''. | Amends the Federal Election Compaign Act of 1971 to: (1) limit nonparty multicandidate political committee (PAC) and out-of-State contributions to House of Representatives candidates; and (2) reduce the reporting threshold for certain contributions and expenditures.
Amends the Internal Revenue Code to provide an income tax credit for contributions to nonincumbent House of Representatives candidates.
Entitles nonincumbent House of Representatives candidates to reduced third class mail rates for campaign materials. | To limit contributions by nonparty multicandidate political committees in House of Representatives elections, to provide an income tax credit for contributions to nonincumbent candidates in such elections, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Advertising and
Prudent Purchasing Act''.
SEC. 2. INCREASED REBATES UNDER THE MEDICAID PROGRAM FOR PRESCRIPTION
DRUGS DIRECTLY ADVERTISED TO CONSUMERS.
(a) In General.--Section 1927(b) of the Social Security Act (42
U.S.C. 1396r-8(b)) is amended by adding at the end the following:
``(5) Increase in amount of rebate for covered outpatient
drugs directly advertised to consumers.--
``(A) In general.--A rebate agreement under this
subsection shall provide for an increase in the amount
of the rebate determined under subsection (c) with
respect to each covered outpatient drug of a
manufacturer for which payment is made under the State
program under this title if the manufacturer of such
drug fails to certify to the Secretary that the drug
was not directly advertised to consumers during the
rebate period applicable to such agreement.
``(B) Adjustment of rebate formula.--
``(i) In general.--Not later than 180 days
after the date of enactment of this paragraph,
the Secretary shall determine appropriate
adjustments to make to the formula used to
calculate the amount of a rebate under
subsection (c) to determine the increased
amount of the rebate required under
subparagraph (A), including, to the extent the
Secretary determines appropriate, to the
application of the average manufacturer price
and best price in such formula.
``(ii) Requirements.--In determining the
adjustments required under clause (i), the
Secretary shall--
``(I) take into account the
increased costs to the State program
established under this title resulting
from the purchase of covered outpatient
drugs that are directly advertised to
consumers; and
``(II) consult with manufacturers.
``(C) Definition of directly advertised to
consumers.--In this section, the term `directly
advertised to consumers' means a reminder ad or product
claim regarding a covered outpatient drug that is
disseminated through radio, television, or other
electronic media, print media, or outdoor
advertising.''.
(b) Effective Date.--The amendment made by this section applies to
rebate agreements entered into or renewed under section 1927 of the
Social Security Act (42 U.S.C. 1396r-8) on or after the date that is
180 days after the date of enactment of this Act.
SEC. 3. REDUCED PAYMENT AND REIMBURSEMENT MECHANISMS FOR OTHER FEDERAL
PROGRAMS THAT PURCHASE OR PROVIDE REIMBURSEMENT FOR
PRESCRIPTION DRUGS THAT ARE DIRECTLY ADVERTISED TO
CONSUMERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human Services and
the Secretary of Veterans Affairs each shall develop and implement
procedures under which any master agreement, pricing agreement, or
contract entered into on or after that date for the procurement or
purchase of a covered drug or a covered outpatient drug by a Federal
agency or reimbursement program described in subsection (b) shall
provide that the agency or program shall pay a negotiated reduced price
for such drug unless the manufacturer has certified to the head of the
agency or program that the drug was not directly advertised to
consumers during the 12-month period preceding the date of such
procurement or purchase.
(b) Federal Agencies and Programs Described.--For purposes of
subsection (a), the Federal agencies and reimbursement programs
described in this subsection are the following:
(1) The Public Health Service, including health-related
programs administered by the Indian Health Service, and health-
related programs funded under the Public Health Service Act,
including the drug pricing agreement program established under
section 340B of such Act (42 U.S.C. 256b).
(2) The Department of Veterans Affairs and the program of
medical care furnished by the Secretary of Veterans Affairs.
(3) The Department of Defense and the Defense Health
Program.
(c) Definitions.--In this section:
(1) Covered drug.--The term ``covered drug'' has the
meaning given that term in section 8126(h)(2) of title 38,
United States Code.
(2) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(3) Directly advertised to consumers.--The term ``directly
advertised to consumers'' means a reminder ad or product claim
regarding a covered drug or a covered outpatient drug that is
disseminated through radio, television, or other electronic
media, print media, or outdoor advertising.
(4) Manufacturer.--The term ``manufacturer'' has the
meaning given that term in section 8126(h)(4) of title 38,
United States Code, and section 1927(k)(5) of the Social
Security Act (42 U.S.C. 1936r-8(k)(5)).
(d) Conforming Amendments.--
(1) Prescription drugs purchased by covered entities under
agreements entered into under the public health service act.--
Section 340B(a) of the Public Health Service Act (42 U.S.C.
256b(a)) is amended--
(A) in paragraph (1), by inserting ``or required
under paragraph (11)'' after ``as provided by the
Secretary''; and
(B) by adding at the end the following:
``(11) Reduced negotiated price for covered drugs
advertised directly to consumers.--
``(A) In general.--An agreement entered into under
paragraph (1) shall provide that with respect to each
covered drug of the manufacturer that is purchased by a
covered entity, the price charged shall not exceed the
reduced negotiated price for that drug in accordance
with the procedures established under section 3(a) of
the Pharmaceutical Advertising and Prudent Purchasing
Act if the manufacturer fails to certify to the
Secretary that the drug was not directly advertised to
consumers during the 12-month period preceding the date
of such purchase.
``(B) Definition of directly advertised to
consumers.--In subparagraph (A), the term `directly
advertised to consumers' means a reminder ad or product
claim regarding a covered outpatient drug that is
disseminated through radio, television, or other
electronic media, print media, or outdoor
advertising.''.
(2) Procurement of prescription drugs by the department of
veterans affairs, department of defense, the public health
service (including the indian health service) and the coast
guard.--Section 8126 of title 38, United States Code, is
amended--
(A) in subsection (a)--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) by redesignating paragraph (4) as
paragraph (5);
(iii) in paragraph (5) (as redesignated by
clause (ii)), by striking ``and (3)'' and
inserting ``(3), and (4)''; and
(iv) by inserting after paragraph (3), the
following:
``(4) with respect to each covered drug of the manufacturer
that is procured by a Federal agency described in subsection
(b) under depot contracting systems, a national contract
entered into by the Secretary, or under the Federal Supply
Schedule, the price charged shall not exceed the reduced
negotiated price for that drug in accordance with the
procedures established under section 3(a) of the Pharmaceutical
Advertising and Prudent Purchasing Act if the manufacturer
fails to certify to the Secretary or the head of the Federal
agency involved that the drug was not directly advertised to
consumers during the 12-month period preceding the date of such
procurement;''; and
(B) in subsection (h), by adding at the end the
following:
``(7) Directly advertised to consumers.--The term `directly
advertised to consumers' means a reminder ad or product claim
regarding a covered drug that is disseminated through radio,
television, or other electronic media, print media, or outdoor
advertising.''.
(e) Effective Date.--The amendments made by this section apply to
master agreements, pricing agreements, and contracts entered into or
renewed on or after the date that is 180 days after the date of
enactment of this Act.
SEC. 4. REPORT TO CONGRESS ON STRATEGIES TO REDUCE THE COST OF
PRESCRIPTION DRUGS COVERED UNDER MEDICARE AND OTHER
FEDERAL PROGRAMS THAT ARE DIRECTLY ADVERTISED TO
CONSUMERS.
(a) In General.--Not later than January 1, 2007, the Secretary of
Health and Human Services, in consultation with the Secretary of
Veterans Affairs, shall submit a report to Congress that contains the
following information:
(1) The percentage of costs for prescription drugs that are
directly advertised to consumers that are passed on to Federal
agencies and programs that purchase or provide reimbursement
for such drugs.
(2) The 25 most frequently prescribed drugs that are
directly advertised to consumers and are purchased or
reimbursed by Federal agencies and programs.
(3) The 25 most costly prescription drugs that are directly
advertised to consumers and are purchased or reimbursed by
Federal agencies and programs.
(4) The aggregate amount spent by manufacturers of
prescription drugs--
(A) to directly advertise to consumers; and
(B) for the 25 most costly prescription drugs that
are directly advertised to consumers.
(5) Mechanisms for Federal agencies and programs to share
information concerning--
(A) which prescription drugs are directly
advertised to consumers;
(B) the costs to Federal agencies and programs of
such drugs; and
(C) utilization, cost, and reimbursement data
regarding the purchase of such drugs, separately
identified with respect to the medicare program and
other Federal agencies and programs, and disaggregated
for age cohorts, gender, and diagnoses of the
individuals using such drugs.
(6) Recommendations for legislative or administrative
changes or alternative strategies, separately identified with
respect to the medicare program and other Federal agencies and
programs, to ensure that Federal payments for prescription
drugs are reduced for prescription drugs directly advertised to
consumers.
(7) Strategies to ensure that prescription drug utilization
under Federal agencies and programs is based on health needs.
(8) Such other recommendations for legislation or
administrative action as the Secretary determines to be
appropriate.
(b) Definitions.--In this section:
(1) Directly advertised to consumers.--The term ``directly
advertised to consumers'' has the meaning given that term in
section 1927(b)(5)(C) of the Social Security Act (as added by
section 2(a)).
(2) Federal agency and program.--The term ``Federal agency
and program'' means the Federal agencies and programs described
in section 3(b) and includes the medicare program established
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.).
(3) Manufacturer.--The term ``manufacturer'' has the
meaning given that term in section 8126(h)(4) of title 38,
United States Code, and section 1927(k)(5) of the Social
Security Act (42 U.S.C. 1396r-8(k)(5)). | Pharmaceutical Advertising and Prudent Purchasing Act - Amends title XIX (Medicaid) of the Social Security Act to provide for increased rebates under the Medicaid program for prescription drugs directly advertised to consumers.
Requires the Secretary of Health and Human Services (Secretary) and the Secretary of Veterans Affairs to develop and implement procedures under which any master agreement, pricing agreement, or contract for the procurement or purchase of a covered drug or a covered outpatient drug by a federal agency or reimbursement program shall provide that the agency or program shall pay a negotiated reduced price for such drug unless the manufacturer has certified to the head of the agency or program that the drug was not directly advertised to consumers during the 12-month period preceding the date of such procurement or purchase.
Requires the Secretary to report to Congress on strategies to reduce the cost of prescription drugs covered under the Medicare and other federal programs directly advertised to consumers. | A bill to amend title XIX of the Social Security Act to provide for increased rebates under the medicaid program for prescription drugs that are directly advertised to consumers, to require other Federal programs purchasing or reimbursing for such drugs to establish payment and reimbursement mechanisms that reduce the costs of those drugs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband Deployment Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Internet has been the single greatest contributor
to the unprecedented economic expansion experienced by the
United States over the last 8 years.
(2) Increasing the speed that Americans can access the
Internet is necessary to ensure the continued expansion.
(3) Today, most residential Internet users, especially
those located in low income areas, are extremely limited in the
type of information they can send and receive over the Internet
because their means of access is limited to ``narrowband''
communications media, typically conventional phone lines at a
maximum speed of 56,000 bits per second.
(4) Similarly, small businesses in low income areas are
also deprived of full information access because of their
dependence on narrowband facilities.
(5) By contrast, many residential users located in higher
income urban and suburban areas and urban business users can
access the Internet from a variety of carriers at speeds in
excess of 1,500,000 bits per second, giving them a choice among
carriers and high-speed access to a wide array of audio and
data applications.
(6) The result is a growing disparity in the speed of
access to the Internet and the opportunities it creates between
subscribers located in low income areas and subscribers located
in higher income urban and suburban areas.
(7) The disparity in current broadband access to the
Internet is proving detrimental to the on-going economic
expansion.
(8) It is, therefore, appropriate for Congress to take
action to narrow the current disparity in the level of
broadband access to the Internet.
(b) Purpose.--The purpose of this Act is to accelerate deployment
of broadband access to the Internet for users located in certain low
income areas.
SEC. 3. BROADBAND CREDIT.
(a) In General.--Subpart E of part IV of chapter 1 of the Internal
Revenue Code of 1986 (relating to rules for computing investment
credit) is amended by inserting after section 48 the following new
section:
``SEC. 48A. BROADBAND CREDIT.
``(a) General Rule.--For purposes of section 46, the broadband
credit for any taxable year is equal to 10 percent of the qualified
expenditures incurred with respect to qualified equipment offering
broadband services to underserved subscribers and taken into account
with respect to such taxable year.
``(b) When Expenditures Taken Into Account.--For purposes of this
section qualified expenditures with respect to qualified equipment
shall be taken into account with respect to the first taxable year in
which broadband services are offered by the taxpayer through such
equipment to subscribers.
``(c) Special Allocation Rules.--For purposes of determining the
broadband credit under subsection (a), if the qualified equipment is
capable of serving both underserved subscribers and other subscribers,
the qualified expenditures shall be multiplied by a fraction--
``(1) the numerator of which is the sum of the total
potential subscriber populations within the underserved areas
which the equipment is capable of serving, and
``(2) the denominator of which is the total potential
subscriber population of the area which the equipment is
capable of serving.
``(d) Definitions.--For purposes of this section--
``(1) Antenna.--The term `antenna' means any device used to
transmit or receive signals through the electromagnetic
spectrum, including satellite equipment.
``(2) Broadband service.--The term `broadband service'
means the transmission of signals at a rate of at least
1,500,000 bits per second to the subscriber and at least
200,000 bits per second from the subscriber.
``(3) Cable operator.--The term `cable operator' has the
meaning given such term by section 602(5) of the Communications
Act of 1934 (47 U.S.C. 522(5)).
``(4) Commercial mobile service carrier.--The term
`commercial mobile service carrier' means any person authorized
to provide commercial mobile radio service as defined in
section 20.3 of title 47, Code of Federal Regulations.
``(5) Nonresidential subscriber.--The term `nonresidential
subscriber' means a person or entity who purchases broadband
services which are delivered to the permanent place of business
of such person or entity.
``(6) Open video system operator.--The term `open video
system operator' means any person authorized to provide service
under section 653 of the Communications Act of 1934 (47 U.S.C.
573).
``(7) Other wireless carrier.--The term `other wireless
carrier' means any person (other than a telecommunications
carrier, commercial mobile service carrier, cable operator,
open video system operator, or satellite carrier) providing
broadband service to subscribers through the radio transmission
of energy.
``(8) Packet switching.--The term `packet switching' means
controlling or routing the path of a digitized transmission
signal which is assembled into packets or cells.
``(9) Qualified equipment.--
``(A) In general.--The term `qualified equipment'
means equipment capable of providing broadband services
at any time to each subscriber who is utilizing such
services.
``(B) Only certain investment taken into account.--
Except as provided in subparagraph (C), equipment shall
be taken into account under subparagraph (A) only to
the extent it--
``(i) extends from the last point of
switching to the outside of the unit, building,
dwelling, or office owned or leased by a
subscriber in the case of a telecommunications
carrier,
``(ii) extends from the customer side of
the mobile telephone switching office to a
transmission/receive antenna (including such
antenna) on the outside of the unit, building,
dwelling, or office owned or leased by a
subscriber in the case of a commercial mobile
service carrier,
``(iii) extends from the customer side of
the headend to the outside of the unit,
building, dwelling, or office owned or leased
by a subscriber in the case of a cable operator
or open video system operator, or
``(iv) extends from a transmission/receive
antenna (including such antenna) which
transmits and receives signals to or from
multiple subscribers to a transmission/receive
antenna (including such antenna) on the outside
of the unit, building, dwelling, or office
owned or leased by a subscriber in the case of
a satellite carrier or other wireless carrier, unless such other
wireless carrier is also a telecommunications carrier.
``(C) Packet switching equipment.--Packet switching
equipment, regardless of location, shall be taken into
account under subparagraph (A) only if it is deployed
in connection with equipment described in subparagraph
(B) and it is uniquely designed to perform the function
of packet switching for broadband services, but only if
such packet switching is the last in a series of such
functions performed in the transmission of a signal to
a subscriber or the first in a series of such functions
performed in the transmission of a signal from a
subscriber.
``(10) Qualified expenditure.--
``(A) In general.--The term `qualified expenditure'
means any amount chargeable to capital account with
respect to the purchase and installation of qualified
equipment (including any upgrades thereto) for which
depreciation is allowable under section 168.
``(B) Certain satellite expenditures excluded.--
Such term shall not include any expenditure with
respect to the launching of any satellite equipment.
``(11) Residential subscriber.--The term `residential
subscriber' means an individual who purchases broadband
services which are delivered to such individual's dwelling.
``(12) Satellite carrier.--The term `satellite carrier'
means any person using the facilities of a satellite or
satellite service licensed by the Federal Communications
Commission and operating in the Fixed-Satellite Service under
part 25 of title 47 of the Code of Federal Regulations or the
Direct Broadcast Satellite Service under part 100 of title 47
of such Code to establish and operate a channel of
communications for point-to-multipoint distribution of signals,
and owning or leasing a capacity or service on a satellite in
order to provide such point-to-multipoint distribution.
``(13) Subscriber.--The term `subscriber' means a person
who purchases broadband services.
``(14) Telecommunications carrier.--The term
`telecommunications carrier' has the meaning given such term by
section 3(44) of the Communications Act of 1934 (47 U.S.C. 153
(44)), and--
``(A) includes all members of an affiliated group
of which a telecommunications carrier is a member, but
``(B) does not include a commercial mobile service
carrier.
``(15) Total potential subscriber population.--The term
`total potential subscriber population' means, with respect to
any area and based on the most recent census data, the total
number of potential residential subscribers residing in
dwellings located in such area and potential nonresidential
subscribers maintaining permanent places of business located in such
area.
``(16) Underserved subscriber.--
``(A) In general.--The term `underserved
subscriber' means a residential subscriber residing in
a dwelling located in an underserved area or
nonresidential subscriber maintaining a permanent place
of business located in an underserved area.
``(B) Underserved area.--The term `underserved
area' means any census tract--
``(i) the poverty level of which is at
least 30 percent (based on the most recent
census data),
``(ii) the median family income of which
does not exceed--
``(I) in the case of a census tract
located in a metropolitan statistical
area, 70 percent of the greater of the
metropolitan area median family income
or the statewide median family income,
and
``(II) in the case of a census
tract located in a nonmetropolitan
statistical area, 70 percent of the
nonmetropolitan statewide median family
income, or
``(iii) which is located in an empowerment
zone and enterprise community designated under
section 1391 or a renewal community designated
under section 1400E.
``(e) Designation of Census Tracts.--The Secretary shall, not later
than 90 days after the date of the enactment of this section, designate
and publish those census tracts meeting the criteria described in
paragraph (16)(B) of subsection (d), and such tracts shall remain so
designated for the period ending with the termination date described in
subsection (f).
``(f) Termination.--This section shall not apply to expenditures
incurred after December 31, 2006.''
(b) Credit To Be Part of Investment Credit.--Section 46 of the
Internal Revenue Code of 1986 (relating to the amount of investment
credit) is amended--
(1) by striking ``and'' at the end of paragraph (2),
(2) by striking the period at the end of paragraph (3) and
inserting ``, and'', and
(3) by adding at the end the following new paragraph:
``(4) the broadband credit.''.
(c) Special Rule for Mutual or Cooperative Telephone Companies.--
Section 501(c)(12)(B) of the Internal Revenue Code of 1986 (relating to
list of exempt organizations) is amended--
(1) by striking ``or'' at the end of clause (iii),
(2) by striking the period at the end of clause (iv) and
inserting ``, or'', and
(3) by adding at the end the following new clause:
``(v) from sources not described in
subparagraph (A), but only to the extent such
income does not in any year exceed an amount
equal to the credit for qualified expenditures
which would be determined under section 48A for
such year if the mutual or cooperative
telephone company was not exempt from
taxation.''.
(d) Conforming Amendment.--The table of sections for subpart E of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 48 the
following new item:
``Sec. 48A. Broadband credit.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to expenditures
incurred after December 31, 2001.
(2) Special rule.--The amendments made by subsection (c)
shall apply to amounts received after December 31, 2001.
SEC. 4. REGULATORY MATTERS.
No Federal or State agency or instrumentality shall adopt
regulations or ratemaking procedures that would have the effect of
confiscating any credit or portion thereof allowed under section 48A of
the Internal Revenue Code of 1986 (as added by section 3) or otherwise
subverting the purpose of this Act.
SEC. 5. STUDY AND REPORT.
(a) Sense of Congress.--It is the sense of Congress that in order
to maintain competitive neutrality, the credit allowed under section
48A of the Internal Revenue Code of 1986 (as added by section 3) should
be administered in such a manner so as to ensure that each class of
carrier receives the same level of financial incentive to deploy
broadband services.
(b) Study and Report.--The Secretary of the Treasury shall, within
180 days after the effective date of section 3, study the impact of the
credit allowed under section 48A of the Internal Revenue Code of 1986
(as added by section 3) on the relative competitiveness of potential
classes of carriers of broadband services, and shall report to Congress
the findings of such study, together with any legislative or regulatory
proposals determined to be necessary to ensure that the purposes of
such credit can be furthered without impacting competitive neutrality
among such classes of carriers. | Broadband Deployment Act of 2001 - Amends the Internal Revenue Code to establish the broadband credit which shall be equal to ten percent of the qualified expenditures incurred with respect to qualified equipment offering broadband services to underserved subscribers. | A bill to amend the Internal Revenue Code of 1986 to provide an incentive to ensure that all Americans gain timely and equitable access to the Internet over current and future generations of broadband capability. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bolstering Our Nation's Deficient
Structures Act of 2014'' or the ``BONDS Act''.
SEC. 2. BUILD AMERICA BONDS MADE PERMANENT.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or during a
period beginning on or after the date of the enactment of the
Bolstering Our Nation's Deficient Structures Act of 2014,'' after
``January 1, 2011,''.
(b) Reduction in Credit Percentage to Bondholders.--Subsection (b)
of section 54AA of such Code is amended to read as follows:
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any interest payment date
for a build America bond is the applicable percentage of the
amount of interest payable by the issuer with respect to such
date.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined under the
following table:
``In the case of a bond issued The applicable
during calendar year: percentage is:
2009 or 2010........................................... 35
2014................................................... 31
2015................................................... 30
2016................................................... 29
2017 and thereafter.................................... 28.''.
(c) Special Rules.--Subsection (f) of section 54AA of such Code is
amended by adding at the end the following new paragraph:
``(3) Application of other rules.--
``(A) In general.--Notwithstanding any other
provision of law, a build America bond shall be
considered a recovery zone economic development bond
(as defined in section 1400U-2) for purposes of
application of section 1601 of title I of division B of
Public Law 111-5 (26 U.S.C. 54C note).
``(B) Public transportation projects.--Recipients
of any financial assistance authorized under this
section that funds public transportation projects, as
defined in Title 49, United States Code, must comply
with the grant requirements described under section
5309 of such title.''.
(d) Extension of Payments to Issuers.--
(1) In general.--Section 6431 of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Bolstering
Our Nation's Deficient Structures Act of 2014,'' after
``January 1, 2011,'' in subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Bolstering
Our Nation's Deficient Structures Act of 2014,'' after
``January 1, 2011,'', and
(B) by striking ``Qualified Bonds Issued Before
2011'' in the heading and inserting ``Certain Qualified
Bonds''.
(e) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
``In the case of a qualified bond The applicable
issued during calendar year: percentage is:
2009 or 2010........................................... 35
2014................................................... 31
2015................................................... 30
2016................................................... 29
2017 and thereafter.................................... 28.''.
(f) Current Refundings Permitted.--Subsection (g) of section 54AA
of such Code is amended by adding at the end the following new
paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section 147(b)(2)(A).
``(D) Issuance restriction not applicable.--
Subsection (d)(1)(B) shall not apply to a refunding
bond referred to in subparagraph (A).''.
(g) Clarification Related to Levees and Flood Control Projects.--
Subparagraph (A) of section 54AA(g)(2) of such Code is amended by
inserting ``(including capital expenditures for levees and other flood
control projects)'' after ``capital expenditures''.
(h) Gross-Up of Payment to Issuers in Case of Sequestration.--In
the case of any payment under section 6431(b) of the Internal Revenue
Code of 1986 made after the date of the enactment of this Act to which
sequestration applies, the amount of such payment shall be increased to
an amount equal to--
(1) such payment (determined before such sequestration),
multiplied by
(2) the quotient obtained by dividing 1 by the amount by
which 1 exceeds the percentage reduction in such payment
pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration'' means any
reduction in direct spending ordered in accordance with a sequestration
report prepared by the Director of the Office and Management and Budget
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or the Statutory Pay-As-You-Go Act of 2010.
(i) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act. | Bolstering Our Nation's Deficient Structures Act of 2014 or the BONDS Act - Amends the Internal Revenue Code, with respect to build America bonds, to: (1) make permanent the issuance authority for such bonds and the authority for payments to bond issuers, (2) make phased reductions in the credit percentage to bondholders and the percentage of payments to issuers of such bonds, (3) make federal wage rate and other grant requirements applicable to such bonds, (4) allow refundings of currently-issued bonds, and (5) allow the use of such bonds to fund capital expenditures for levees and flood control projects.Provides for an increase in payments to issuers of build America bonds to compensate for reductions in the amount of such payments due to sequestration. | BONDS Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Co-Teaching Educator Professional
Development Act of 2007''.
SEC. 2. CO-TEACHING EDUCATOR PROFESSIONAL DEVELOPMENT.
Section 2151 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6651 et seq.) is amended by adding at the end the following:
``(g) Co-Teaching Educator Professional Development.--
``(1) Purposes.--The purposes of this subsection are to
ensure that--
``(A) students with disabilities are educated with
their peers in the least restrictive environment;
``(B) students with disabilities have access, with
appropriate supports and services, to the same academic
content as other students;
``(C) the requirements of section 1119(a) and
section 612(a)(14)(C) of the Individuals with
Disabilities Education Act are met; and
``(D) general education teachers, special education
teachers, principals, and administrators who implement
a co-teaching model for instructing students with
disabilities are provided with the necessary and
effective professional development and support to
enhance their pedagogical, collaborative, planning, and
interpersonal skills and increase the achievement of
such students.
``(2) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means--
``(i) one or more local educational
agencies; or
``(ii) one or more local educational
agencies in collaboration with an institution
of higher education, a teacher organization, or
a State educational agency.
``(B) Co-teaching.--The term `co-teaching' means an
instructional delivery option, offered either full-time
or part-time, based on a collaborative professional
relationship between a teacher with expertise in
delivering instruction to students with disabilities
and a teacher with expertise in a specific core content
area or a team of such teachers, such as a grade level
team or a middle school team, for the purpose of
jointly delivering substantive instruction to a
diverse, blended group of students in a single general
education classroom and ensuring that students with
disabilities receive the special instruction, supports,
and services to which they are entitled while ensuring
that they can access a rigorous general curriculum in
the least restrictive environment.
``(3) Program authorized.--
``(A) In general.--The Secretary shall award, on a
competitive basis, grants to eligible entities to
enable such entities to provide professional
development opportunities and high-quality support for
general education teachers and special education
teachers, principals, and administrators that implement
a co-teaching model. Such professional development
opportunities and support shall assist teachers,
principals, and administrators in--
``(i) clearly defining classroom, teaching,
and decision-making roles and responsibilities,
shared instructional and educational goals and
expectations, and shared accountability for
student outcomes;
``(ii) utilizing research-based co-teaching
strategies and approaches for differentiated
instruction, including accommodations,
modifications, and positive behavioral supports
to facilitate learning and address diverse
learning and student needs;
``(iii) improving the participation and
engagement of all students in classes that use
co-teaching while meeting the individualized
needs of students with disabilities;
``(iv) improving collaboration skills for
fostering a constructive professional co-
teaching partnership, including development of
effective communication, problem-solving, and
conflict resolution skills;
``(v) enhancing time, resource, and
classroom management skills;
``(vi) effectively scheduling and lesson
planning for co-teaching instruction, including
common planning time for such purpose;
``(vii) effectively involving parents and
families of students with disabilities in co-
teaching program development, implementation,
and evaluation;
``(viii) jointly developing and planning a
student's IEP and overall classroom curriculum
for co-teaching instruction;
``(ix) implementing strategies in a class
that uses co-teaching for improving student
learning gains on required State assessments,
including alternate assessments;
``(x) providing constructive feedback and
coaching on a regular basis to improve
instructional and classroom practices; and
``(xi) developing clear and tailored
instructional strategies, plans, procedures,
practices, and assessment tools for remediation
or developmental specialized instruction
designed to meet, in a class that uses co-
teaching, the goals and objectives in a
student's IEP.
``(4) Application.--An eligible entity that desires a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and accompanied by
such information as the Secretary may require.
``(5) Evaluation.--Each program receiving a grant under
this subsection shall report on the effectiveness of the
professional development being provided based on not less than
the following criteria:
``(A) Student academic learning gains.
``(B) Teacher retention.
``(C) Meeting IEP goals and objectives.
``(D) The increase in the amount of time spent by
students with disabilities on general education
curriculum in a general education setting.
``(E) Student behavior.
``(F) Evaluation of school professionals.
``(G) Parent, family, and community involvement.
``(H) The support and commitment of principals and
administrators.
``(I) Teacher satisfaction.''. | Co-Teaching Educator Professional Development Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs), or LEAs in collaboration with an institution of higher education, a teacher organization, or a state, to provide professional development and high-quality support for general education teachers and special education teachers, principals, and administrators that implement a co-teaching model that allows disabled students, with appropriate support and services, to be educated with their peers in the least restrictive environment. | A bill to amend the Elementary and Secondary Education Act of 1965 to award grants to implement a co-teaching model for educating students with disabilities. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Enforcement
Improvements Act of 1996''.
SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL
RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN
CHILD SUPPORT CASES.
(a) In General.--Notwithstanding any other provision of Federal or
State law, a depository institution shall not be liable under any
Federal or State law to any person for disclosing any financial record
of an individual to a State child support enforcement agency attempting
to establish, modify, or enforce a child support obligation of such
individual.
(b) Prohibition of Disclosure of Financial Record Obtained by State
Child Support Enforcement Agency.--A State child support enforcement
agency which obtains a financial record of an individual from a
depository institution pursuant to subsection (a) may disclose such
financial record only for the purpose of, and to the extent necessary
in, establishing, modifying, or enforcing a child support obligation of
such individual.
(c) Civil Damages for Unauthorized Disclosure.--
(1) Disclosure by state officer or employee.--If any
officer or employee of a State knowingly, or by reason of
negligence, discloses a financial record of an individual in
violation of subsection (b), such individual may bring a civil
action for damages against such State in a district court of
the United States.
(2) No liability for good faith but erroneous
interpretation.--No liability shall arise under this subsection
with respect to any disclosure which results from a good faith,
but erroneous, interpretation of subsection (b).
(3) Damages.--In any action brought under paragraph (1),
upon a finding of liability on the part of the defendant, the
defendant shall be liable to the plaintiff in an amount equal
to the sum of--
(A) the greater of--
(i) $1,000 for each act of unauthorized
disclosure of a financial record with respect
to which such defendant is found liable; or
(ii) the sum of--
(I) the actual damages sustained by
the plaintiff as a result of such
unauthorized disclosure; plus
(II) in the case of a willful
disclosure or a disclosure which is the
result of gross negligence, punitive
damages; plus
(B) the costs of the action.
(d) Definitions.--For purposes of this section:
(1) The term ``depository institution'' means--
(A) a depository institution, as defined by section
3(c) of the Federal Deposit Insurance Act;
(B) an institution-affiliated party, as defined by
section 3(u) of such Act; and
(C) any Federal credit union or State credit union,
as defined by section 101 of the Federal Credit Union
Act, including an institution-affiliated party of such
a credit union, as defined by section 206(r) of such
Act.
(2) The term ``financial record'' has the meaning given
such term by section 1101(2) of the Right to Financial Privacy
Act of 1978.
(3) The term ``State child support enforcement agency''
means a State agency which administers a State program for
establishing and enforcing child support obligations.
SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT
ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.
(a) In General.--Section 604 of the Fair Credit Reporting Act (15
U.S.C. 1681b) is amended by adding at the end the following:
``(4) To a State child support enforcement agency that is seeking
to establish, modify, or enforce a child support obligation against the
consumer, if--
``(A) the paternity of the consumer for the child to which
the obligation relates has been established or acknowledged by
the consumer in accordance with State laws under which the
obligation arises (if required by those laws); and
``(B) the State child support enforcement agency--
``(i) before obtaining the consumer report,
provides written notice to the consumer that the State
agency intends to obtain a consumer report on the
consumer; and
``(ii) certifies to the consumer reporting agency
that--
``(I) the requirement in subparagraph (A)
has been fulfilled (if applicable); and
``(II) the notice required by clause (i)
has been provided.''.
(b) State Child Support Enforcement Agency Defined.--Section 603 of
such Act (15 U.S.C. 1681a) is amended by adding at the end the
following new subsection:
``(k) The term `State child support enforcement agency' means a
State agency which administers a State program for establishing and
enforcing child support obligations.''.
SEC. 4. HEALTH CARE SUPPORT.
(a) Inclusion in Child Support Orders.--
(1) In general.--Section 466(a) of the Social Security Act
(42 U.S.C. 666(a)) is amended by inserting after paragraph (11)
the following:
``(12) Not later than the beginning of the 9th calendar
month that begins after the date the Secretary prescribes final
regulations as provided for in section 467(d)(2):
``(A) Procedures which require any child support
order, issued or modified by a court or administrative
agency of the State on or after the effective date of
guidelines established by the State under section
467(d), to provide for coverage of the health care
costs of the child in accordance with such guidelines.
``(B) Procedures which require the expedited
consideration and disposition of any allegation of
noncompliance with an obligation to cover the health
care costs of a child imposed under a child support
order issued or modified in the State.''.
(2) State guidelines.--Section 467 of such Act (42 U.S.C.
667) is amended by adding at the end the following:
``(d)(1) Not later than the beginning of the 9th calendar month
that begins after the date the Secretary prescribes final regulations
in accordance with paragraph (2), each State, as a condition for having
its State plan approved under this part, must establish guidelines for
the coverage of the health care costs of children pursuant to child
support orders issued or modified in the State, which guidelines shall
create a streamlined process that meets the minimum standards
established by the Secretary in such regulations.
``(2)(A) The Secretary shall promulgate regulations which set forth
minimum standards that any set of guidelines established pursuant to
paragraph (1) must meet in providing for the coverage of the health
care costs of children pursuant to child support orders issued or
modified in the State, including--
``(i) the contents of such an order with respect to the
coverage of such costs;
``(ii) the distribution of responsibility for such costs;
``(iii) to the extent that such costs are to be covered
through health insurance--
``(I) the provision of such insurance;
``(II) the payment of insurance claims; and
``(III) the rights of the noncustodial parent and
the custodial parent to insurance information;
``(iv) the circumstances under which a provider of health
insurance may or may not deny coverage to a child who is the
subject of such an order;
``(v) penalties to be imposed on providers of health
insurance who fail to comply with the guidelines; and
``(vi) how changes in the circumstances of the noncustodial
parent and the custodial parent are to be taken into account
with respect to the coverage of such costs.
``(B) In developing such standards, the Secretary shall ensure
that, in establishing guidelines pursuant to paragraph (1), the State
considers the following matters in the following order of importance:
``(i) The best interests of the child.
``(ii) The financial and other circumstances of the parents
of the child.
``(iii) Cost-effectiveness.
``(3) The preceding subsections of this section shall apply in like
manner to the guidelines established pursuant to this subsection.''.
(3) Regulations.--
(A) Proposed regulations.--Within 9 months after
the date of the enactment of this Act, the Secretary of
Health and Human Services shall issue proposed
regulations to implement the amendments made by this
subsection.
(B) Final regulations.--Within 14 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall issue final regulations
to implement the amendments made by this subsection.
(b) Inclusion in Incentive Payments Program of Dependent Health
Insurance Provided Due to Successful Enforcement.--
(1) In general.--Section 458(b) of the Social Security Act
(42 U.S.C. 658(b)) is amended by adding at the end the
following:
``(5)(A) For purposes of this section, the successful enforcement
by the State of a provision of a support order requiring an absent
parent to obtain health insurance for 1 or more children shall be
considered the collection of support from the absent parent, without
regard to the means by which such support is provided.
``(B) The amount of support collected in any case in which the
State successfully enforces a provision of a support order requiring an
absent parent to obtain health insurance for 1 or more children shall
be the savings to the State from the provision of such health insurance
to such children, as determined in accordance with a health insurance
savings methodology adopted by the State in accordance with regulations
prescribed by the Secretary.''.
(2) Regulations.--Within 6 months after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prescribe such regulations as may be necessary
to implement the amendment made by paragraph (1).
(3) Study; report.--
(A) Study.--The Secretary of Health and Human
Services shall conduct a study to determine the
incentives that should be provided to encourage States
to enforce obligations of noncustodial parents to pay
(and obtain medical insurance coverage with respect to)
the reasonable and necessary health and dental expenses
of the children to whom the noncustodial parents owe
such obligations.
(B) Report.--Not later than 12 months after the
date of the enactment of this Act, the Secretary of
Health and Human Services shall submit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate the results of
the study required by subparagraph (A).
SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN
WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT
ASSISTANCE.
Section 452(a)(10) of the Social Security Act (42 U.S.C.
652(a)(10)) is amended--
(1) in subparagraph (H), by striking ``and'';
(2) in subparagraph (I), by striking the period and
inserting ``; and''; and
(3) by inserting after subparagraph (I) the following:
``(J) compliance, by State, with the standards
established pursuant to subsections (h) and (i).''.
SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS
REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT
PENALTY IMPOSED ON EMPLOYERS.
(a) In General.--Section 466(b)(6)(A) of the Social Security Act
(42 U.S.C. 666(b)(6)(A)) is amended--
(1) in clause (i), by inserting ``within 10 days after the
payment of such wages'' before ``to the appropriate agency'';
and
(2) by adding at the end the following:
``(iii) The State must require any employer who fails to
make any payment required in accordance with clause (i) within
the 10-day period described therein to pay the State a $1,000
penalty. The State must expend all penalties collected in
accordance with this clause for the operation of the State plan
approved under section 454, not later than the end of the
calendar quarter following the calendar quarter in which
collected.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2) of
this subsection, the amendments made by subsection (a) of this
section shall take effect on the date of the enactment of this
Act and apply to wages paid on or after such date and payments
under part D of title IV of the Social Security Act for
calendar quarters beginning on or after such date.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under section 454 of the Social
Security Act which the Secretary of Health and Human Services
determines requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by
subsection (a) of this section, the State plan shall not be
regarded as failing to comply with the requirements of such
section 454 solely on the basis of the failure of the plan to
meet such additional requirements before the 1st day of the 1st
calendar quarter beginning after the close of the 1st regular
session of the State legislature that 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.
SEC. 7. NATIONAL PARENT LOCATOR NETWORK.
Section 453 of the Social Security Act (42 U.S.C. 653) is amended
by adding at the end the following:
``(g) The Secretary shall expand the Parent Locator Service to
establish a national network based on the comprehensive statewide child
support enforcement systems developed by the States, to--
``(1) allow each State to--
``(A) locate any absent parent who owes child
support, for whom a child support obligation is being
established, or for whom an order for visitation is
being enforced, by--
``(i) accessing the records of other State
agencies and sources of locate information
directly from one computer system to another;
and
``(ii) accessing Federal sources of locate
information in the same fashion;
``(B) access the files of other States to determine
whether there are other child support orders involving
the same absent parent, and obtain the details of any
such order;
``(C) provide for both on-line and batch processing
of locate requests, with on-line access restricted to
cases in which the information is needed immediately
(for such reasons as court appearances) and batch
processing used to `troll' data bases to locate
individuals or update information periodically; and
``(D) direct locate requests to individual States
or Federal agencies, broadcast requests to selected
States, or broadcast cases to all States when there is
no indication of the source of needed information;
``(2) provide for a maximum of 48-hour turnaround time for
information to be broadcast and returned to a requesting State;
and
``(3) provide ready access to courts of the information on
the network by location of a computer terminal in each
court.''. | Child Support Enforcement Improvements Act of 1996 - Prescribes guidelines under which depository institutions shall not be liable to any person for disclosing a financial record to a State child support enforcement agency attempting to establish, modify, or enforce an individual's child support obligation.
Authorizes a civil action for damages for wrongful disclosure of an individual's financial records by a State officer or employee.
Amends the Fair Credit Reporting Act to provide State child support enforcement agencies access to, and use of, consumer reports in child support cases.
Amends part D of title IV (Child Support and Establishment of Paternity) of the Social Security Act to condition Federal approval of State plans for aid and services to needy families with children upon inclusion within State child support orders of statutorily prescribed procedures for health care coverage of the child.
States that, for the incentive payments program, successful State enforcement of a support order requiring an absent parent to obtain health insurance for one or more children shall be considered the collection of support from the absent parent.
Requires the Secretary of Health and Human Services to study and report to specified congressional committees on incentives that should be provided to encourage States to enforce obligations of noncustodial parents to pay reasonable and necessary health and dental expenses of their children.
Requires employers withholding wages to pay child support obligations to pay such withheld wages to the State within ten days. Imposes a penalty for late payments.
Instructs the Secretary to expand the Parent Locator Service to establish a national network to provide access to specified State and Federal sources of information based on the comprehensive statewide child support enforcement systems developed by the States. | Child Support Enforcement Improvements Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Commission on
Financial Accountability and Preparedness Act of 2009''.
SEC. 2. CONGRESSIONAL COMMISSION ON FINANCIAL ACCOUNTABILITY AND
PREPAREDNESS.
(a) Establishment.--There is hereby established the Congressional
Commission on Financial Accountability and Preparedness (hereafter in
this section referred to as the ``Commission'') as an establishment in
the legislative branch.
(b) Purposes.--The purposes of the Commission are as follows:
(1) To examine and report upon the facts and causes
relating to the breakdown in the financial markets in 2008.
(2) To ascertain, evaluate, and report on the evidence
developed by all relevant governmental agencies regarding the
facts and circumstances surrounding the breakdown.
(3) To determine whether all credible leads and information
regarding fraud or manipulation were pursued with due diligence
by Federal investigators.
(4) To make a full and complete accounting of the
circumstances surrounding the financial breakdown and the
extent of the Federal Governments' preparedness for, and
immediate response to, the breakdown.
(5) To investigate and report to the Congress on findings
the conclusions of the Commission and recommendations for
corrective measures that can be taken to prevent and respond to
financial crisis in the future.
(c) Duties.--
(1) In general.--The Commission shall review the actions
leading up to the 2008 breakdown in the financial markets and
failures in the regulatory system and submit reports to the
Congress in accordance with this subsection.
(2) Regular monthly reports.--
(A) In general.--The Commission shall make regular
monthly progress reports to the Congress on the
findings and conclusions of the Commission with regard
to the review conducted under paragraph (1).
(B) Factors to be included.--Each report submitted
under subparagraph (A) shall include the following:
(i) All relevant events, persons, entities
and data leading up to the breakdown in the
financial markets through December 2008.
(ii) The impact of public and private
actions on the financial markets and financial
institutions.
(iii) The extent to which the information
made available on transactions contributed to
market transparency.
(iv) The effectiveness of efforts,
regulatory authority, and programs from the
standpoint of minimizing risk to investors and
taxpayers.
(C) Final report.--The last report submitted under
this paragraph before the termination of the Commission
shall constitute the final report of the Commission to
the Congress and shall include a detailed description
of the findings and conclusions of the Commission over
the period of the existence of the Commission and such
recommendations for legislative or administrative
action as the Commission may determine to be
appropriate.
(3) Special report on corporate abuse of tax payer funds.--
The Commission shall--
(A) submit a special report to the Congress on any
corporate abuse of taxpayer funds the Commission finds
occurred; and
(B) analyze the current state of the regulatory
system and effectiveness of the regulatory system in
overseeing the participants in the financial system and
protecting consumers.
(4) Special report on corporate officers and elected or
appointed government officials.--The Commission shall submit a
special report to the Congress on any fiduciary negligence,
fraudulent behavior, poor corporate governance, obstructionism,
or media manipulation that the Commission determines was
engaged in by relevant corporate officers and elected or
appointed government officials.
(d) Membership.--
(1) In general.--The Commission shall consist of 5 members,
as follows:
(A) One member appointed by the majority leader of
the House of Representatives.
(B) One member appointed by the minority leader of
the House of Representatives.
(C) One member appointed by the majority leader of
the Senate.
(D) One member appointed by the minority leader of
the Senate.
(E) One member appointed by the majority Leader of
the House and the majority leader of the Senate in
consultation with the minority leader of the Senate and
the minority leader of the House of Representatives.
(2) Pay.--Each member of the Commission shall each be paid
at a rate equal to the daily equivalent of the annual rate of
basic pay for level I of the Executive Schedule for each day
(including travel time) during which such member is engaged in
the actual performance of duties vested in the Commission.
(3) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(4) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(5) Quorum.--Four members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
(6) Vacancies.--A vacancy on the Commission shall be filled
in the manner in which the original appointment was made.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission.
(e) Staff.--
(1) In general.--The Commission may appoint and fix the pay
of any personnel as the Commission considers appropriate.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(3) Staff of agencies.--Upon the request of the Commission,
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 Commission to assist it in carrying out the
duties of the Commission under this Act.
(f) Powers.--
(1) Hearings and sessions.--The Commission 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 Commission considers appropriate and may administer
oaths or affirmations to witnesses appearing before the
Commission.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--
(A) In general.--The Commission may secure directly
from any department or agency of the United States
information necessary to enable the Commission to carry
out this section.
(B) Duty to furnish.--Upon request of the
Chairperson of the Commission, the head of any
department or agency or agency shall furnish the
information referred to in subparagraph (A) to the
Commission.
(4) Subpoena power.--Subject to approval by the House
Office of General Counsel, any member of the Commission may
issue subpoenas under the authority given to the House of
Representatives of the Congress of the United States of
America.
(5) Reports received.--The Commission shall receive and
consider all reports required to be submitted to the Commission
under this Act.
(g) Termination.--The Commission shall cease to exist at the end of
the 1-year period beginning on the date of the enactment of this Act,
except that the Congress may extend the life of the Commission on an
annual basis for not more than 1 year at a time. | Congressional Commission on Financial Accountability and Preparedness Act of 2009 - Establishes the Congressional Commission on Financial Accountability and Preparedness to review and report to Congress on the actions leading up to the 2008 breakdown in the financial markets and failures in the regulatory system.
Requires the Commission to submit special reports on: (1) any corporate abuse of taxpayer funds the Commission finds occurred; (2) the current state of the regulatory system and its effectiveness in overseeing the participants in the financial system and protecting consumers; and (3) any fiduciary negligence, fraudulent behavior, poor corporate governance, obstructionism, or media manipulation that the Commission determines was engaged in by relevant corporate officers and elected or appointed government officials. | To establish the Congressional Commission on Financial Accountability and Preparedness to examine and report upon the facts and causes relating to the breakdown in the financial and credit markets in 2008, and investigate and report to the Congress on its findings, conclusions, and recommendations for prosecution of criminal behavior. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recycling Research and Development
Act of 1993''.
SEC. 2. COOPERATIVE RECYCLING PROGRAMS.
(a) Plastics, Automobile, and Appliance Recycling.--Subtitle D of
the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by
adding at the end the following new sections:
``SEC. 4011. PLASTICS RECYCLING.
``(a) Comprehensive Plastics Recycling Plan.--
``(1) Initial plan.--Not later than 180 days after the date
of the enactment of the Recycling Research and Development Act
of 1993, the Secretary of Energy, acting through the Office of
Conservation and Renewable Energy and after consultation with
the persons and industries specified in subsection (b)(1),
shall prepare and transmit to the Congress a comprehensive
plastics recycling plan that includes--
``(A) research priorities critical to improved
plastics recycling;
``(B) identification of ongoing research in
industry, academia, and the Federal Government,
including research efforts carried out at the National
Laboratories;
``(C) strategies for the cooperative program
established under subsection (b), including technical
milestones to be achieved toward specific goals during
each fiscal year, for all major Federal activities and
projects under the program;
``(D) coordination by the Secretary of Energy of
ongoing research projects under the program established
under subsection (b), including associated or related
activities such as materials research.
``(2) Updated plans.--The Secretary of Energy shall update
and submit to the Congress the plan prepared under paragraph
(1) whenever the Secretary proposes significant changes to the
plan.
``(b) Cooperative Program.--
``(1) Establishment.--The Secretary of Energy shall
establish a cooperative program with the plastics industry and
other appropriate persons and industries with expertise in
solid waste planning, management and disposal, source
reduction, and recycling, and the recycling centers established
under subsection (c), to conduct joint and cooperative
recycling technology research and development projects,
including research--
``(A) to determine which plastic products and
materials are present in large amounts in the solid
waste stream but not currently recycled in significant
amounts, and how to promote increased recycling of such
products and materials;
``(B) to develop improved methods for collecting,
sorting, and reclaiming plastics, including--
``(i) fast, automated identification
systems to identify plastic parts for accurate
separation;
``(ii) chemical, mechanical, or rheological
technologies to improve the compatibility of
plastics; and
``(iii) chemical or mechanical technologies
to improve the quality of plastic materials
recovery and recycling;
``(C) to develop new commercial applications for
recycled plastic products and materials and ways to
expand commercial markets for recycled plastic products
and materials; and
``(D) to develop plastics recycling methods and
systems that conserve energy inherent in recycled
plastic products and materials.
``(2) Requests for proposals.--The Secretary of Energy
shall, not later than 240 days after the date of the enactment
of the Act, solicit proposals to conduct the projects described
in paragraph (1) and may, after such solicitation, enter into
agreements to conduct such projects. As part of a solicitation
under this paragraph, the Secretary of Energy may propose
specific joint and cooperative projects.
``(3) Federal funding.--The Secretary of Energy may provide
financial assistance for a project conducted under this
subsection in an amount that does not exceed 50 percent of the
total cost of the project.
``(c) Recycling Centers.--
``(1) Establishment.--The Secretary of Energy shall
establish 3 national recycling research and development centers
at institutions of higher education to conduct research
projects described in subsection (b).
``(2) Grants.--The Secretary of Energy shall, subject to
appropriations, provide a grant to each center established
pursuant to paragraph (1) in the amount not to exceed 50
percent of the funds required by the institution to conduct its
assigned activities, with the remaining funds being provided by
non-Federal sources (such as the State in which the center is
located, the institution of higher education involved, and the
private sector).
``(d) Support.--The Secretary of Energy shall conduct evaluations
and arrange for tests and demonstrations to support the projects and
other efforts conducted under this section.
``(e) Consultation.--The Secretary of Energy shall consult with the
Administrator, the Director of the National Institute for Standards and
Technology, and the Director of the National Science Foundation in
carrying out this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section
$10,000,000 for each of fiscal years 1994 through 1999.
``SEC. 4012. AUTOMOBILE RECYCLING.
``(a) Comprehensive Automobile Recycling Plan.--
``(1) Initial plan.--Not later than 180 days after the date
of the enactment of the Recycling Research and Development Act
of 1993, the Secretary of Energy, acting through the Office of
Conservation and Renewable Energy, shall prepare and transmit
to the Congress a comprehensive automobile recycling plan that
includes--
``(A) research priorities critical to improved
automobile recycling;
``(B) identification of ongoing research in
industry, academia, and the Federal Government,
including research efforts carried out at the National
Laboratories;
``(C) strategies for the cooperative program
established under subsection (b), including technical
milestones to be achieved toward specific goals during
each fiscal year, for all major Federal activities and
projects under the program;
``(D) coordination by the Secretary of Energy of
ongoing research projects under the program established
under subsection (b), including associated or related
activities such as materials research.
``(2) Updated plans.--The Secretary of Energy shall update
and submit to the Congress the plan prepared under paragraph
(1) whenever the Secretary proposes significant changes to the
plan.
``(b) Cooperative Program.--
``(1) Establishment.--The Secretary of Energy shall
establish a cooperative program with the automobile and
automobile parts manufacturing industry, the automobile
dismantling and recycling industry, the plastics industry, and
other appropriate persons and industries to conduct joint and
cooperative automobile recycling technology research and
development projects, including research--
``(A) to determine obstacles to increased recycling
of automobile components and strategies to overcome
those obstacles;
``(B) to determine methods for incorporating
recyclability into the planning, design, and
manufacture of new automobiles and the effect of such
methods on the volume and toxicity of manufacturing
waste produced;
``(C) to develop methods for engineering more
easily recyclable plastics for use in automobiles;
``(D) to develop new technologies for the recycling
of automotive shredder residue;
``(E) to develop environmentally preferable
substitutes for toxic and nonrecyclable materials used
in automobiles; and
``(F) to review automobile and automobile
components and parts recycling efforts and promote
public awareness of these efforts.
``(2) Requests for proposals.--The Secretary of Energy
shall, not later than 240 days after the date of the enactment
of the Recycling Research and Development Act of 1993, solicit
proposals to conduct the projects described in paragraph (1)
and may, after such solicitation, enter into agreements to
conduct such projects. As part of a solicitation under this
paragraph, the Secretary of Energy may propose specific joint
and cooperative projects.
``(3) Federal funding.--The Secretary of Energy may provide
financial assistance for a project conducted under this
subsection in an amount that does not exceed 50 percent of the
total cost of the project.
``(d) Support.--The Secretary of Energy shall conduct evaluations
and arrange for tests and demonstrations to support the projects and
other efforts conducted under this subsection.
``(e) Consultation.--The Secretary of Energy shall consult with the
Administrator, the Director of the National Institute for Standards and
Technology, and the Director of the National Science Foundation in
carrying out this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section
$10,000,000 for each of fiscal years 1994 through 1999.
``SEC. 4013. APPLIANCE RECYCLING.
``(a) Comprehensive Appliance Recycling Plan.--
``(1) Initial plan.--Not later than 180 days after the date
of the enactment of the Recycling Research and Development Act
of 1993, the Secretary of Energy, acting through the Office of
Conservation and Renewable Energy, shall prepare and transmit
to the Congress a comprehensive appliance recycling plan that
includes--
``(A) research priorities critical to improved
appliance recycling;
``(B) identification of ongoing research in
industry, academia, and the Federal Government,
including research efforts carried out at the National
Laboratories;
``(C) strategies for the cooperative program
established under subsection (b), including technical
milestones to be achieved toward specific goals during
each fiscal year, for all major Federal activities and
projects under the program; and
``(D) coordination by the Secretary of Energy of
ongoing research projects under the program established
under subsection (b), including associated or related
activities such as materials research.
``(2) Updated plans.--The Secretary of Energy shall update
and submit to the Congress the plan prepared under paragraph
(1) whenever the Secretary proposed significant changes to the
plan.
``(b) Cooperative Program.--
``(1) Establishment.--The Secretary of Energy shall
establish a cooperative program with the appliance
manufacturing industry, the appliance dismantling and recycling
industry, the steel industry, the plastics industry, and other
appropriate persons and industries to conduct joint and
cooperative appliance recycling technology research and
development projects, including research--
``(A) to determine obstacles to increased recycling
of appliances and strategies to overcome those
obstacles;
``(B) to determine methods for incorporating
recyclability into the planning, design, and
manufacture of new appliances and the effect of such
methods on the volume and toxicity of manufacturing
waste produced;
``(C) to develop methods for engineering more
easily recyclable plastics for use in appliances;
``(D) to develop new technologies for the recycling
of appliance shredder residue;
``(E) to develop environmentally preferable
substitutes for toxic and nonrecyclable materials used
in appliances; and
``(F) to review appliance recycling efforts and
promote public awareness of these efforts.
``(2) Requests for proposals.--The Secretary of Energy
shall, not later than 240 days after the date of the enactment
of the Recycling Research and Development Act of 1993, solicit
proposals to conduct the projects described in paragraph (1)
and may, after such solicitation, enter into agreements to
conduct such projects. As part of a solicitation under this
paragraph, the Secretary of Energy may propose specific joint
and cooperative projects.
``(3) Federal funding.--The Secretary of Energy may provide
financial assistance for a project conducted under this
subsection in an amount that does not exceed 50 percent of the
total cost of the project.
``(d) Support.--The Secretary of Energy shall conduct evaluations
and arrange for tests and demonstrations to support the projects and
other efforts conducted under this section.
``(e) Consultation.--The Secretary of Energy shall consult with the
Administrator, the Director of the National Institute for Standards and
Technology, and the Director of the National Science Foundation in
carrying out this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Energy to carry out this section
$10,000,000 for each of fiscal years 1994 through 1999.''.
(b) Table of Contents Amendment.--The table of contents for
subtitle D of such Act (contained in section 1001) is amended by adding
at the end the following new items:
``Sec. 4011. Plastics recycling.
``Sec. 4012. Automobile recycling.
``Sec. 4013. Appliance recycling.''. | Recycling Research and Development Act of 1993 - Amends the Solid Waste Disposal Act to direct the Secretary of Energy, acting through the Office of Conservation and Renewable Energy, to transmit comprehensive plastics, automobile, and appliance recycling plans to the Congress.
Directs the Secretary to establish cooperative programs with the appropriate industries to conduct joint plastics, automobile, and appliance recycling technology research and development projects. Authorizes financial assistance for such projects.
Requires the Secretary to establish three national recycling research and development centers at institutions of higher education to conduct plastics research projects. Provides for grants to such centers, subject to appropriations.
Authorizes appropriations. | Recycling Research and Development Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Resource Efficient Building
Materials Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
General Services.
(2) The term ``agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and
any agency of the judicial branch of Government.
(3) The term ``resource efficient materials'' means any
recycled, recovered, reclaimed or reused material whose
production, manufacture, fabrication and use conserves and
preserves natural resources when compared to the production,
manufacture, fabrication and use of comparable, more
conventional materials.
(4) The term ``resource efficient building materials''
means any resource efficient material which may be used in the
construction of a building or facility.
(5) The term ``solid waste'' shall have the same meaning as
such term is defined under section 1004(27) of the Solid Waste
Disposal Act (42 U.S.C. 6903(27)).
(6) The term ``construction'' shall have the same meaning
as such term is defined under section 1004(2) of the Solid
Waste Disposal Act (42 U.S.C. 6903(2)).
SEC. 3. FEDERAL ACQUISITION AND USE OF RESOURCE EFFICIENT BUILDING
MATERIALS.
(a) Demonstration of Use of Materials.--The Administrator shall
establish a 3-year pilot program to demonstrate the acquisition and use
of resource efficient building materials in the construction of Federal
facilities and buildings and in existing Federal facilities and
buildings.
(b) Selection Criteria.--In selecting resource efficient building
materials, the Administrator shall use the criteria of--
(1) maximizing the conservation and preservation of natural
resources;
(2) ensuring that the materials are similar in quality and
durability to comparable, more conventional materials;
(3) ensuring that the materials are cost competitive with
comparable, more conventional materials on a life cycle cost
basis;
(4) ensuring that the materials meet appropriate
environmental, public health, and safety standards; and
(5) meeting appropriate standards for energy efficiency.
(c) Preferences Among Resource Efficient Building Materials.--When
making choices between comparable resource efficient building materials
that meet all the criteria under subsection (b), the Administrator
shall give preference to those materials that best satisfy the criteria
under subsection (b)(1).
SEC. 4. REPORT.
Upon completion of the pilot program established under section 3
the Administrator shall report to Congress on its implementation. Such
a report shall include--
(1) a listing of the type and quantities of resource
efficient building materials used;
(2) the cost and performance of such materials compared to
comparable, more conventional materials;
(3) the extent to which the acquisition and use of such
materials can be expanded beyond the scope of the pilot
program; and
(4) an assessment of how well the materials meet the
criteria under section 3(b).
SEC. 5. RESOURCE EFFICIENT BUILDING MATERIAL ADVISORY BOARD.
(a) Establishment.--There is established the Resource Efficient
Building Material Advisory Board (hereafter referred to as the
``Board''). The Board shall consist of 11 members appointed by the
Administrator of whom--
(1) one shall be a representative from the General Services
Administration;
(2) one shall be a representative from the Environmental
Protection Agency;
(3) one shall be a representative from the Army Corps of
Engineers;
(4) two shall be representatives from the environmental
community;
(5) two shall be representatives from the construction
industry, of whom at least one shall be from a small business;
(6) two shall be representatives from manufacturing
companies that produce resource efficient materials, of whom at
least one shall be from a small business; and
(7) two shall be representatives from the scientific and
technical community.
(b) Duties.--The Board shall--
(1) advise the Administrator on the latest developments in
resource efficient building materials and design and how such
developments may be incorporated into the construction of
Federal buildings;
(2) make recommendations to the Administrator on actions
needed to further facilitate the acquisition and use of
resource efficient materials in Federal construction; and
(3) make recommendations to the Administrator on actions
needed to minimize the generation of solid waste in the
construction of Federal buildings and facilities.
(c) Chairman.--The Administrator shall serve as Chairman of the
Board and shall be a voting member.
(d) Meetings.--The Board shall meet on a quarterly basis. The Board
shall comply with the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.).
(e) Appointments.--No later than 120 days after the date of the
enactment of this Act, the Administrator shall make the initial
appointments to the Board. The appointees shall serve until the Board's
termination.
(f) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out the purposes of this Act.
(g) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out the provisions of this Act. Upon
request of the Chairman of the Board, the head of such department or
agency shall furnish such information to the Board.
(h) Postal Services.--The Board may use the United States mail in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(i) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property.
(j) Compensation of Members.--Each member of the Board who is not
an officer or employee of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Board. All members of the Board who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(k) Travel Expenses.--The members of the Board 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 Board.
(l) Staff.--(1) The Chairman of the Board may, without regard to
the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Board to perform its duties. The employment of
an executive director shall be subject to confirmation by the Board.
(2) The Chairman of the Board may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(m) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(n) Procurement of Temporary and Intermittent Services.--The
Chairman of the Board may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(o) Report.--No later than 90 days after the completion of the
demonstration program under section 3, the Board shall submit a report
to Congress and the Administrator that--
(1) shall make recommendations to the Administrator on
actions needed to further facilitate the acquisition and use of
resource efficient materials in Federal construction;
(2) shall make recommendations to the Administrator on
actions needed to minimize the generation of solid waste in the
construction of Federal buildings and facilities;
(3) shall evaluate the implementation and effectiveness of
the demonstration program; and
(4) shall include any dissenting minority views.
(p) Termination.--The Board shall cease to exist within 1 year
after the submission of its report under subsection (o).
SEC. 6. GUIDELINES TO FEDERAL AGENCIES.
(a) In General.--No later than 1 year after the date on which the
Resource Efficient Building Material Advisory Board submits its report
under section 5(o), the Administrator shall, after consultation with
the Administrator of the Environmental Protection Agency, promulgate
regulations containing guidelines to Federal agencies on minimizing the
creation of solid waste and on maximizing the use of resource efficient
building materials in the construction of Federal buildings. Such
regulations shall include--
(1) a requirement that bids for Federal contracts for the
construction of Federal buildings include a plan for minimizing
the generation of solid waste and for maximizing the use of
resource efficient building materials in such construction; and
(2) standards for an acceptable plan that satisfies the
requirement under paragraph (1).
(b) Recommendations.--The Administrator shall consider each
recommendation of the Resource Efficient Building Material Advisory
Board in implementing subsection (a).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for fiscal year
1994, $7,000,000 for fiscal year 1995, and $8,000,000 for fiscal year
1996 to carry out the purposes of this Act. | Federal Resource Efficient Building Materials Act of 1993 - Requires the Administrator of General Services to establish a three-year pilot program to demonstrate the acquisition and use of resource efficient building materials in Federal facilities and buildings.
Directs the Administrator, in the selection of such materials, to use the criteria of: (1) maximizing the conservation and preservation of natural resources; (2) ensuring that such materials are similar in quality and durability and are cost competitive to comparable, more conventional materials; (3) meeting appropriate environmental, public health, and safety standards; and (4) meeting appropriate energy efficiency standards.
Establishes the Resource Efficient Building Material Advisory Board to advise and make recommendations to the Administrator concerning developments and uses of resource efficient building materials in Federal construction and the minimization of solid waste generation in such construction.
Authorizes appropriations. | Federal Resource Efficient Building Materials Act of 1993 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans'
Compensation Rate Amendments of 1997''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of title
38, United States Code.
SEC. 2. DISABILITY COMPENSATION.
(a) Increase in Rates.--Section 1114 is amended--
(1) by striking out ``$87'' in subsection (a) and inserting in
lieu thereof ``$95'';
(2) by striking out ``$166'' in subsection (b) and inserting in
lieu thereof ``$182'';
(3) by striking out ``$253'' in subsection (c) and inserting in
lieu thereof ``$279'';
(4) by striking out ``$361'' in subsection (d) and inserting in
lieu thereof ``$399'';
(5) by striking out ``$515'' in subsection (e) and inserting in
lieu thereof ``$569'';
(6) by striking out ``$648'' in subsection (f) and inserting in
lieu thereof ``$717'';
(7) by striking out ``$819'' in subsection (g) and inserting in
lieu thereof ``$905'';
(8) by striking out ``$948'' in subsection (h) and inserting in
lieu thereof ``$1,049'';
(9) by striking out ``$1,067'' in subsection (i) and inserting
in lieu thereof ``$1,181'';
(10) by striking out ``$1,774'' in subsection (j) and inserting
in lieu thereof ``$1,964'';
(11) in subsection (k)--
(A) by striking out ``$70'' both places it appears and
inserting in lieu thereof ``$75''; and
(B) by striking out ``$2,207'' and ``$3,093'' and inserting
in lieu thereof ``$2,443'' and ``$3,426'', respectively;
(12) by striking out ``$2,207'' in subsection (l) and inserting
in lieu thereof ``$2,443'';
(13) by striking out ``$2,432'' in subsection (m) and inserting
in lieu thereof ``$2,694'';
(14) by striking out ``$2,768'' in subsection (n) and inserting
in lieu thereof ``$3,066'';
(15) by striking out ``$3,093'' each place it appears in
subsections (o) and (p) and inserting in lieu thereof ``$3,426'';
(16) by striking out ``$1,328'' and ``$1,978'' in subsection
(r) and inserting in lieu thereof ``$1,471'' and ``$2,190'',
respectively; and
(17) by striking out ``$1,985'' in subsection (s) and inserting
in lieu thereof ``$2,199''.
(b) Special Rule.--The Secretary of Veterans Affairs may authorize
administratively, consistent with the increases authorized by this
section, the rates of disability compensation payable to persons within
the purview of section 10 of Public Law 85-857 who are not in receipt
of compensation payable pursuant to chapter 11 of title 38, United
States Code.
SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS.
Section 1115(1) is amended--
(1) by striking out ``$105'' in clause (A) and inserting in
lieu thereof ``$114'';
(2) by striking out ``$178'' and ``$55'' in clause (B) and
inserting in lieu thereof ``$195'' and ``$60'', respectively;
(3) by striking out ``$72'' and ``$55'' in clause (C) and
inserting in lieu thereof ``$78'' and ``$60'', respectively;
(4) by striking out ``$84'' in clause (D) and inserting in lieu
thereof ``$92'';
(5) by striking out ``$195'' in clause (E) and inserting in
lieu thereof ``$215''; and
(6) by striking out ``$164'' in clause (F) and inserting in
lieu thereof ``$180''.
SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS.
Section 1162 is amended by striking out ``$478'' and inserting in
lieu thereof ``$528''.
SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES.
(a) New Law Rates.--Section 1311(a) is amended--
(1) by striking out ``$769'' in paragraph (1) and inserting in
lieu thereof ``$850''; and
(2) by striking out ``$169'' in paragraph (2) and inserting in
lieu thereof ``$185''.
(b) Old Law Rates.--The table in subsection (a)(3) is amended to
read as follows:
---------------------------------------------------------------------------
Monthly Monthly
``Pay grade rate Pay grade rate
E-1...................... $850 W-4........ $1,017
E-2...................... 850 O-1........ 898
E-3...................... 850 O-2........ 928
E-4...................... 850 O-3........ 992
E-5...................... 850 O-4........ 1,049
E-6...................... 850 O-5........ 1,155
E-7...................... 879 O-6........ 1,302
E-8...................... 928 O-7........ 1,406
E-9...................... \1\968 O-8........ 1,541
W-1...................... 898 O-9........ 1,651
W-2...................... 934 O-10....... \2\1,811
W-3...................... 962
``\1\If the veteran served as sergeant major of the Army, senior
enlisted advisor of the Navy, chief master sergeant of the Air Force,
sergeant major of the Marine Corps, or master chief petty officer of
the Coast Guard, at the applicable time designated by section 402 of
this title, the surviving spouse's rate shall be $1,044.
``\2\If the veteran served as Chairman or Vice Chairman of the Joint
Chiefs of Staff, Chief of Staff of the Army, Chief of Naval
Operations, Chief of Staff of the Air Force, Commandant of the Marine
Corps, or Commandant of the Coast Guard, at the applicable time
designated by section 402 of this title, the surviving spouse's rate
shall be $1,941.''.
(c) Additional DIC for Children.--Section 1311(b) is amended by
striking out ``$100'' and all that follows and inserting in lieu
thereof ``$215 for each such child.''.
(d) Aid and Attendance Allowance.--Section 1311(c) is amended by
striking out ``$195'' and inserting in lieu thereof ``$215''.
(e) Housebound Rate.--Section 1311(d) is amended by striking out
``$95'' and inserting in lieu thereof ``$104''.
SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN.
(a) DIC for Orphan Children.--Section 1313(a) is amended--
(1) by striking out ``$327'' in paragraph (1) and inserting in
lieu thereof ``$361'';
(2) by striking out ``$471'' in paragraph (2) and inserting in
lieu thereof ``$520'';
(3) by striking out ``$610'' in paragraph (3) and inserting in
lieu thereof ``$675''; and
(4) by striking out ``$610'' and ``$120'' in paragraph (4) and
inserting in lieu thereof ``$675'' and ``$132'', respectively.
(b) Supplemental DIC for Disabled Adult Children.-- Section 1314 is
amended--
(1) by striking out ``$195'' in subsection (a) and inserting in
lieu thereof ``$215'';
(2) by striking out ``$327'' in subsection (b) and inserting in
lieu thereof ``$361''; and
(3) by striking out ``$166'' in subsection (c) and inserting in
lieu thereof ``$182''.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on December 1,
1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Veterans' Compensation Rate Amendments of 1997 - Increases, as of December 1, 1997, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation (DIC) for surviving spouses and children (including supplemental DIC for disabled adult children). | Veterans' Compensation Rate Amendments of 1997 |
SECTION 1. REPEAL OF RETROACTIVE APPLICATION OF INCOME, ESTATE, AND
GIFT TAX RATE INCREASES.
(a) Income Tax Rates.--
(1) In general.--Section 1 of the Internal Revenue Code of
1986 (relating to tax imposed) is amended by adding at the end
the following new subsection:
``(i) Special Rules for Taxable Years Beginning in 1993.--In the
case of taxable years beginning in calendar year 1993, each of the
tables contained in subsections (a), (b), (c), (d), and (e) shall be
applied--
``(1) by substituting `32.97 percent' for `36 percent',
``(2) by substituting `34.39 percent' for `39.6 percent',
and
``(3) by substituting for the dollar amount of tax in the
last rate bracket the dollar amount determined under such table
by making the substitution described in paragraph (1).''.
(2) Conforming amendments.--
(A) Sections 531 and 541 of the Internal Revenue
Code of 1986 are each amended by inserting ``(34.39
percent in the case of taxable years beginning in
calendar year 1993)'' after ``39.6 percent''.
(B) Paragraph (1) of section 55(b) of such Code is
amended by adding at the end the following new
subparagraph:
``(C) Special rules for 1993.--In the case of any
taxable year beginning in the calendar year 1993,
subparagraph (A)(i) shall be applied by substituting--
``(i) `24.79 percent' for `26 percent' in
subclause (I), and
``(ii) `25.58 percent' for `28 percent' in
subclause (II).''
(C) Section 13201 of the Omnibus Budget
Reconciliation Act of 1993 is amended by striking
subsection (d).
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 1992.
(b) Estate and Gift Tax Rates.--
(1) In general.--Subsection (c) of section 13208 of the
Omnibus Budget Reconciliation Act of 1993 is amended by
striking ``December 31, 1992'' and inserting ``August 10,
1993''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Omnibus Budget Reconciliation Act of 1993.
SEC. 2. REDUCTION IN ADMINISTRATIVE EXPENSES.
(a) Budget Obligations.--
(1) In general.--The amount obligated by all departments
and agencies for expenses during fiscal years 1994, 1995, and
1996, shall be reduced by an amount sufficient to result in a
reduction of $3,000,000,000 in outlays for expenses during each
of the fiscal years 1994, 1995, and 1996. The Director of the
Office of Management and Budget shall establish obligation
limits for each agency and department in order to carry out the
provisions of this section.
(2) Discretionary spending limits.--The discretionary
spending limits for fiscal years 1994 through 1998 set forth in
section 601(a)(2) of the Congressional Budget Act of 1974 shall
each be reduced by $3,000,000,000 in fiscal year 1994,
$6,000,000,000 in fiscal year 1995, and $9,000,000,000 in each
of the fiscal years 1996, 1997, and 1998.
(3) No negation of general authority of department head
without specific reference.--Notwithstanding any other
provision of this Act or any other Act (regardless of its date
of enactment) that purports to direct the head of a department
or agency to obligate an amount for salaries and expenses for
the purpose of obtaining a particular service or good or to
prohibit the head of a department or agency from obligating
such an amount for any particular service or good, that law
shall not be construed to impair or otherwise affect the duty
and the discretion of the head of a department or agency to
make determinations concerning which particular services of
persons and which particular goods will be obligated for in the
best interest of performing all of the duties assigned to the
department or agency, unless that provision--
(A) makes specific reference to this paragraph; and
(B) states that it is the intent of Congress in
that provision to negate the duty and discretion of the
head of that department or agency so to make such
determinations.
(b) Definition.--For purposes of this section the term ``expenses''
means the object classes identified by the Office of Management and
Budget in Object Classes 21-26 as follows:
(1) 21.0: Travel and Transportation of Persons.
(2) 22.0: Transportation of Things.
(3) 23.2: Rental Payments to Others.
(4) 23.3: Communications, Utilities, and Misc.
(5) 24.0: Printing and Reproduction.
(6) 25.1: Consulting Services.
(7) 25.2: Other Services.
(8) 26.0: Supplies and Materials.
Such term shall not include the expenses of the Department of Defense. | Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases.
Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996. | A bill to repeal the retroactive application of the income, estate, and gift tax rates made by the Budget Reconciliation Act and reduce administrative expenses for agencies by $3,000,000,000 for each of the fiscal years 1994, 1995, and 1996. |
SECTION 1. ACCOUNTABILITY FOR BROADBAND STIMULUS FUNDS.
(a) In General.--Notwithstanding any other provision of law, the
Administrator of the Rural Utilities Service or the Assistant Secretary
of Commerce for Communications and Information shall take prompt and
appropriate action to terminate for cause any award made under the
Broadband Initiatives Program or the Broadband Technology Opportunities
Program, respectively, established pursuant to the American Recovery
and Reinvestment Act of 2009, if the Administrator or Assistant
Secretary determines that cause exists to terminate the award. Such
cause may include an insufficient level of performance, wasteful
spending, or fraudulent spending.
(b) Deobligation and Return of Funds to Treasury.--
(1) Deobligation.--Upon terminating an award under
subsection (a), the Administrator or the Assistant Secretary
shall immediately deobligate an amount equivalent to such
award, less allowable costs, to the extent funds with respect
to such award are available in the account relating to the
Broadband Initiatives Program or the Broadband Technology
Opportunities Program, respectively. If the Administrator or
the Assistant Secretary subsequently recovers any additional
amounts from such award, the Administrator or the Assistant
Secretary shall deobligate such additional amounts immediately
upon receipt.
(2) Return to treasury.--Not later than 30 days after
deobligating an amount under paragraph (1), the Administrator
or the Assistant Secretary shall, without exception, return
such amount to the general fund of the Treasury of the United
States.
(3) No expenditures during termination process.--The
Administrator or the Assistant Secretary shall promptly pursue
available corrective measures to ensure that funds received
through an award terminated under subsection (a) are not
expended during the termination process.
(4) Accounting by award recipient.--The Administrator or
the Assistant Secretary shall direct the recipient of an award
terminated under subsection (a) to provide to the Administrator
or the Assistant Secretary a complete and accurate accounting,
which may include an independent accounting, for any award
funds that, as of the date of termination, the recipient has
received but has not expended on allowable costs.
SEC. 2. DISPOSITION OF UNUSED FUNDS.
The Administrator of the Rural Utilities Service or the Assistant
Secretary of Commerce for Communications and Information shall return
to the general fund of the Treasury of the United States an amount
equivalent to any award, less allowable costs, made under the Broadband
Initiatives Program or the Broadband Technology Opportunities Program,
respectively, established pursuant to the American Recovery and
Reinvestment Act of 2009, if such award has been returned to the
Administrator or Assistant Secretary or disclaimed by the award
recipient at any time after the date of enactment of such Act.
SEC. 3. OVERSIGHT AND REPORTING REQUIREMENTS.
(a) Action on Information From OIG or GAO.--If the Administrator of
the Rural Utilities Service or the Assistant Secretary of Commerce for
Communications and Information receives information from an official
described in subsection (b) with respect to an award made under the
Broadband Initiatives Program or the Broadband Technology Opportunities
Program, respectively, established pursuant to the American Recovery
and Reinvestment Act of 2009, and such information pertains to material
noncompliance with the award terms or provisions or improper usage of
award funds, the Administrator or the Assistant Secretary shall--
(1) immediately review such information; and
(2) not later than 30 days after receiving such
information, determine whether cause exists to terminate such
award under section 1(a), unless the official who provided such
information recommends that the Administrator or the Assistant
Secretary limit or not make such a determination.
(b) Officials Described.--The officials described in this
subsection are the following:
(1) With respect to the Broadband Initiatives Program, the
Inspector General of the Department of Agriculture.
(2) With respect to the Broadband Technology Opportunities
Program, the Inspector General of the Department of Commerce.
(3) The Comptroller General of the United States.
(c) Congressional Notification.--
(1) In general.--Not later than 3 days after making a
determination described in subsection (a)(2), the Administrator
or the Assistant Secretary shall provide a notification of such
determination to--
(A) the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture of the
Senate or the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate,
respectively; and
(B) the official who provided the information
described in subsection (a).
(2) Contents of notification.--The notification required by
paragraph (1) shall include an explanation of--
(A) the determination described in subsection
(a)(2); and
(B) any action taken as a result of the
determination or why no action was necessary.
(3) Confidential notification under certain
circumstances.--In the case of a determination by the
Administrator or the Assistant Secretary under subsection
(a)(2) that cause does not exist to terminate the award, the
Administrator or the Assistant Secretary may make the
congressional notification required by paragraph (1)(A) on a
confidential basis, if the Administrator or the Assistant
Secretary determines, after consultation with the official who
provided the information described in subsection (a), that--
(A) there is no merit to such information; and
(B) notification on a public basis would cause
irreparable harm to any person the information is
regarding.
SEC. 4. CONFORMING AMENDMENTS.
Section 6001(i)(4) of the American Recovery and Reinvestment Act of
2009 (47 U.S.C. 1305(i)(4)) is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``, and award these funds competitively to
new or existing applicants consistent with this section''.
SEC. 5. AWARD DEFINED.
In this Act, the term ``award'' includes grants and loans.
Passed the House of Representatives October 5, 2011.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on September 29, 2011. The summary of that version is repeated here.)
(Sec. 1) Requires the Administrator of the Rural Utilities Service or the Assistant Secretary of Commerce for Communications and Information to terminate for cause any award (including grants and loans) made under the Broadband Initiatives Program or the Broadband Technology Opportunities Program, respectively, established pursuant to the American Recovery and Reinvestment Act of 2009, if the Administrator or Assistant Secretary determines that cause exists (including insufficient level of performance, wasteful spending, or fraudulent spending) to terminate the award.
Directs the Administrator or the Assistant Secretary to: (1) deobligate, upon terminating such an award, an amount equivalent to such award, less allowable costs, to the extent funds with respect to such award are available in the account relating to the respective programs (requires that any additional amount subsequently recovered be deobligated immediately upon receipt); and (2) return to the Treasury's general fund such deobligated amounts and any award returned or disclaimed by a recipient after enactment of this Act.
(Sec. 3) Requires the Administrator or the Assistant Secretary, upon receiving information from the Inspector General of the Department of Agriculture (USDA), Inspector General of the Department of Commerce, or the Comptroller General pertaining to material noncompliance with award terms or improper usage of award funds, to: (1) review such information immediately, (2) determine whether cause exists to terminate such award (unless the relevant official recommends that such a determination not be made), and (3) notify Congress of any such determination. | To return unused or reclaimed funds made available for broadband awards in the American Recovery and Reinvestment Act of 2009 to the Treasury of the United States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Recovery
Homesteading Act of 2005''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to allow low-income families who were displaced from
their residences in a designated disaster area as a result of
Hurricane Katrina to return to their States, areas, or
communities by providing homeownership opportunities;
(2) to assist in the rebuilding of neighborhoods in
Alabama, Louisiana, and Mississippi that were damaged by
Hurricane Katrina, through strategies that promote
homeownership opportunities;
(3) to maximize the use of existing Federal resources to
assist State and local governments in providing homesteading
and other homeownership opportunities in a designated disaster
area; and
(4) to promote the cooperation at all levels of government
and the private sector, including nonprofit organizations, in
providing homesteading opportunities and other homeownership
opportunities that will facilitate the rebuilding of
neighborhoods in a designated disaster area.
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions shall apply:
(1) Designated disaster areas.--The term ``designated
disaster area'' means any area in the States of Alabama,
Louisiana, and Mississippi that is the subject of a disaster
declaration by the President under title IV of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in response to Hurricane Katrina.
(2) Family.--The term ``family'' includes a family, as such
term is defined in section 3 of the United States Housing Act
of 1937 (42 U.S.C. 1437a), of 1 or more persons.
(3) Low-income family.--The term ``low-income family''
means a family whose income does not exceed 80 percent of the
median income for the area, as determined by the Secretary,
with adjustments for family size, except that the Secretary may
establish an income ceiling higher or lower than 80 percent of
the median for the area if the Secretary finds that such a
variation is necessary because of prevailing levels of
construction costs or unusually high or low family incomes.
(4) Participating federal agency.--The term ``participating
Federal agency'' means a Federal agency the head of which is
referenced by title in section 4(b), and any other Federal
agency that transfers or conveys property for the purposes of
section 4.
(5) Responsible administering entity.--The term
``responsible administering entity'' means a unit of general
local government or a State in a designated disaster area, or a
public agency or other entity designated by a unit of general
local government or a State that is charged with administering
a homestead program approved under section 4(d).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development, except as otherwise
specified.
SEC. 4. HOMESTEADING.
(a) Eligible Property.--The Secretary is authorized to transfer,
without payment, to a responsible administering entity, any real
property--
(1) which is either vacant or includes either a 1, 2, 3, or
4-family residence or multifamily project;
(2) to which the Secretary holds title, including property
conveyed to the Secretary by any other participating Federal
agency;
(3) which is not occupied by a person legally entitled to
reside there;
(4) which is requested by a responsible administering
entity for use in a homestead program;
(5) which is not--
(A) excess or surplus Federal property subject to
property disposition under title V of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11411 et
seq.); or
(B) Federal property subject to disposition under a
base closure law, as defined in section 101(a)(17) of
title 10, United States Code; and
(6) which the Secretary determines is suitable for use in a
homestead program that is approved under subsection (d).
(b) Acquisitions and Reimbursements.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Agriculture, the Secretary of Health and
Human Services, the Secretary of Veterans Affairs, and the head
of any other participating Federal agency are authorized to
transfer property to the Secretary, and the Secretary is
authorized to accept custody and accountability of such
property, to carry out this Act.
(2) Reimbursement.--
(A) In general.--The Secretary is authorized to
reimburse the Federal Housing Administration for
property--
(i) which the Secretary has acquired under
the National Housing Act (12 U.S.C. 1701 et
seq.) in the form of modification of subsidy
costs, as authorized in the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.); and
(ii) which the Secretary transfers for use
in connection with a local homestead program
approved by the Secretary under this section.
(B) Homestead program.--The Secretary is authorized
to reimburse a participating Federal agency in an
amount to be agreed upon by the Secretary and such
participating Federal agency for property that such
participating Federal agency transferred for use in
connection with a homestead program approved by the
Secretary under this section.
(C) Deposits.--Amounts to be reimbursed under this
paragraph shall be--
(i) deposited pursuant to the Federal
Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), as applicable; or
(ii) made available to the agency to
address real property capital asset needs.
(3) Donated property.--The Secretary is authorized to
accept, manage, and convey residential property donated to the
Secretary by a nongovernmental entity for purposes of this Act.
(4) Reversal of transfer or conveyance.--
(A) In general.--Notwithstanding any other
provision of law, any real property transferred to the
Secretary by a participating Federal agency for
purposes of this Act shall be transferred back to that
participating Federal agency in the event that such
property is not conveyed to a responsible administering
entity under subsection (a).
(B) Reversions.--In the event of a conveyance to a
responsible administering entity for purposes of this
Act, if such responsible administering entity does not
dispose of such property within 18 months of the date
of such conveyance, such property and its proceeds
shall revert--
(i) to the Secretary; or
(ii) in the case of property transferred by
a participating Federal agency under paragraph
(1), to such participating Federal agency.
(c) Suitable Property for Homestead Program.--In determining the
suitability of a residential property for use in a homestead program,
the Secretary shall consider--
(1) the physical condition of the residential property,
including whether, upon rebuilding, or if repairs or
improvements are required, upon completion of such repairs or
improvements, the property--
(A) would meet local or applicable standards or
codes for habitation or occupancy;
(B) is likely to meet all Federal requirements for
flood insurance; and
(C) will otherwise not endanger the health or
safety of individuals residing within or nearby the
residential property;
(2) the estimated time for rebuilding or repairing the
property for residential use;
(3) the environment surrounding the property and the
suitability of the surrounding structures and the neighborhood
to be rebuilt and sustained as a viable community;
(4) the value of any repairs and improvements required by
the program;
(5) the benefits to the community and the reduced
administrative costs to the Federal Government which would
accrue from the expedited occupancy of the unoccupied property;
and
(6) the possible financial loss to the Federal Government
which may result from the transfer of the property without
payment.
(d) Approval Criteria.--The Secretary may approve a homestead
program carried out by a responsible administering entity, which
provides for the following:
(1) Equitable selection of participating families.--The
homestead program shall provide for an equitable procedure, as
prescribed by the Secretary, for selecting low-income families
that have been displaced from residences in a designated
disaster area, which procedure shall--
(A) give priority to low-income families who were
displaced from their residences in a particular
designated disaster area or who were displaced as
homeowners in a designated disaster area, or other
criteria as may be prescribed by the Secretary;
(B) take into account for each family described
under subparagraph (A), such family's--
(i) capacity to obtain assistance for the
rebuilding, repair, or maintenance of the
housing from private sources, community
organizations, or other sources; or
(ii) agreement to rebuild or repair the
housing by participating in a self-help sweat
equity housing program, or the family's
contribution to the surrounding community; and
(C) include such other criteria as the Secretary
determines appropriate.
(2) Initial occupancy agreement.--The homestead program
shall provide for the initial occupancy of unoccupied
residential property pursuant to a written agreement whereby
the family to whom such property is conveyed agrees--
(A) to occupy such property as a principal
residence for a period of not less than 5 years, or
such other time period as the Secretary may prescribe;
(B) to repair, or cause to be repaired or improved,
if housing is located on such property, all defects in
such housing that pose a substantial danger to health
and safety within 1 year of the date of such initial
conveyance, or within such other time period as may be
prescribed by the Secretary;
(C) to make, or cause to be made, such repairs and
improvements, if housing is located on such property,
to such housing as may be necessary to meet applicable
local standards for decent, safe, and sanitary housing
within 3 years after the date of initial occupancy, or
within such other time period as may be prescribed by
the Secretary;
(D) to build or cause to be built, if housing is
not located on the property, single family housing that
meets applicable local codes within 3 years after the
date of initial occupancy, or within such other time
period as may be prescribed by the Secretary;
(E) to permit reasonable periodic inspections at
reasonable times, and with notice reasonable in the
circumstances, for the purpose of determining
compliance with the agreement;
(F) to the revocation of such agreement upon any
material breach of the agreement, subject to penalties
under section 5; and
(G) to accept the conveyance from the responsible
administering entity of fee simple title to such
property without consideration upon compliance with the
agreement.
(3) Other criteria determined by the secretary.--The
homestead program shall meet such other criteria determined by
the Secretary to be appropriate for the program in light of the
location in which the program is to be administered, or
following consultation with State and local government
officials.
(e) Technical Support.--The Secretary is authorized to provide
technical assistance and other resources directly or indirectly for the
administration of homestead programs that meet the requirements of
subsection (d) and to families who are participants in such programs.
SEC. 5. COMPLIANCE.
(a) Compliance Monitoring.--The Secretary shall make such reviews
and audits as may be necessary or appropriate to determine whether
activities authorized to be carried out under this Act are carried out
in accordance with the requirements of this Act and other applicable
law.
(b) Compliance Actions.--In addition to any other actions
authorized by applicable law, if the Secretary determines that any
property transferred for use under a homestead program approved under
section 4 has been conveyed or used under the program in a manner
contrary to the provisions of section 4, the Secretary may take such
actions as the Secretary considers appropriate, including--
(1) imposing a civil money penalty on the responsible
administering entity, or the transferee of such entity, or
both, as appropriate, in an amount equal to not less than any
profit realized with respect to the conveyance or use of such
property contrary to the provisions of this Act;
(2) enforcing, revising, or releasing the restrictions
contained in any instruments of conveyance; or
(3) revoking the conveyance of the property to the
responsible administering entity or requiring the responsible
administering entity to revoke the conveyance of such property
to the family in accordance with procedures prescribed by the
Secretary.
(c) Judicial Enforcement.--The Attorney General of the United
States, at the request of the Secretary, may bring civil actions in any
district court of the United States to enforce this Act, and such court
shall have jurisdiction over such actions.
SEC. 6. NONDISCRIMINATION.
No person in the United States shall, on the grounds of race,
color, national origin, religion, disability, or sex, be excluded from
participation in the homestead program established under this Act.
SEC. 7. ENVIRONMENTAL REVIEW.
(a) In General.--Except as provided in subsection (b), the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) shall apply to all
activities under this Act.
(b) Exceptions.--The Secretary may, in consultation with Federal,
Tribal, State, and local governmental entities, as appropriate, waive
the requirements of the National Environmental Policy Act (42 U.S.C.
4321 et seq.), if the Secretary determines that such a waiver--
(1) will not frustrate the goals of the National
Environmental Policy Act or any other provision of law that
furthers the goals of that Act; and
(2) does not threaten the health or safety of the community
involved by posing an immediate or long-term hazard to
residents of that community.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act a
total of $300,000,000 for fiscal years 2006 through 2010.
SEC. 9. IMPLEMENTATION.
(a) In General.--To immediately implement this Act, the Secretary
shall, by notice, establish such requirements as may be necessary to
carry out this Act.
(b) Procedure for Notice.--The notice required under subsection (a)
shall--
(1) take effect upon issuance; and
(2) provide the opportunity for public comment.
(c) Final Regulations.--The Secretary shall issue final regulations
based on the notice required under subsection (a).
SEC. 10. SUNSET.
The Secretary shall not accept, transfer, or convey property under
this Act after 5 years from the date of enactment of this Act. | Hurricane Katrina Recovery Homesteading Act of 2005 - Authorizes the Secretary of Housing and Urban Development (HUD) to transfer, without payment, federally owned (including property transferred to the Secretary from other agencies) or otherwise donated suitable residential property to state or local governments for use in an approved homestead program carried out by such governments in Alabama, Louisiana, and Mississippi in areas designated disaster areas due to Hurricane Katrina. Authorizes reimbursement to agencies transferring property.
Sets forth approval criteria for a homestead program, including: (1) selection criteria that gives priority to displaced low-income families; (2) occupancy only pursuant to a written agreement which must be for a period of at least five years and which requires the occupant to make certain repairs.
Requires the Secretary to audit authorized activities and permits monetary and other penalties penalties for noncompliance.
Permits the waiver of certain environmental requirements.
Prohibits the transfer, acceptance, or conveyance of property under this Act five years after enactment. | A bill to assist low-income families, displaced from their residences in the States of Alabama, Louisiana, and Mississippi as a result of Hurricane Katrina, by establishing within the Department of Housing and Urban Development a homesteading initiative that offers displaced low-income families the opportunity to purchase a home owned by the Federal Government, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biogas Production Incentive Act of
2009''.
SEC. 2. CREDIT FOR PRODUCTION OF BIOGAS FROM CERTAIN RENEWABLE
FEEDSTOCKS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 45Q the following new section:
``SEC. 45R. BIOGAS PRODUCED FROM CERTAIN RENEWABLE FEEDSTOCKS.
``(a) General Rule.--For purposes of section 38, the qualified
biogas production credit for any taxable year is an amount equal to the
product of--
``(1) $4.27, and
``(2) each million British thermal unit (mmBtu) of biogas--
``(A) produced by the taxpayer--
``(i) from qualified energy feedstock, and
``(ii) at a qualified facility during the
10-year period beginning on the date the
facility was originally placed in service, and
``(B) either--
``(i) sold by the taxpayer to an unrelated
person during the taxable year, or
``(ii) used by the taxpayer during the
taxable year.
``(b) Definitions.--
``(1) Biogas.--The term `biogas' means a gas that--
``(A) is derived by processing qualified energy
feedstock, and
``(B) contains at least 50 percent methane.
``(2) Qualified energy feedstock.--
``(A) In general.--The term `qualified energy
feedstock' means--
``(i) manure of agricultural livestock,
including litter, wood shavings, straw, rice
hulls, bedding material, and other materials
incidentally collected with the manure,
``(ii) any nonhazardous, cellulosic, or
other organic agricultural or food industry by-
product or waste material that is derived
from--
``(I) renewable biomass,
``(II) harvesting residues,
``(III) wastes or byproducts from
fermentation processes, ethanol
production, biodiesel production,
slaughter of agricultural livestock,
food production, food processing, or
food service, or
``(IV) other organic wastes,
byproducts, or sources,
``(iii) solid wood waste materials,
including waste pallets, crates, dunnage,
manufacturing and construction wood wastes, and
landscape or right-of-way tree trimmings, or
``(iv) landfill waste, sewage waste
treatment materials, or other organic
materials.
``(B) Renewable biomass.--The term `renewable
biomass' means--
``(i) materials from pre-commercial
thinning or invasive species from National
Forest System land and public lands (as defined
in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702)) that--
``(I) are byproducts of preventive
treatments that are removed to reduce
or contain disease or insect
infestation to restore ecosystem
health,
``(II) would not otherwise be used
for higher-value products, and
``(III) are harvested in accordance
with applicable law and land management
plans and the requirements for old-
growth maintenance, restoration, and
management direction of paragraphs (2),
(3), and (4) of subsection (e) of
section 102 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C.
6512) and large tree retention of
subsection (f) of that section, or
``(ii) any organic matter that is available
on a renewable or recurring basis from non-
Federal land or land belonging to an Indian or
Indian tribe that is held in trust by the
United States or subject to a restriction
against alienation imposed by the United
States, including--
``(I) renewable plant material
(such as feed grains, other
agricultural commodities, other plants
and trees, and algae), and
``(II) waste material (such as crop
residue, other vegetative waste
material (including wood waste and wood
residues), animal waste and byproducts
(including fats, oils, greases, and
manure), food waste, and yard waste).
``(C) Agricultural livestock.--The term
`agricultural livestock' means poultry, cattle, sheep,
swine, goats, horses, mules, and other equines.
``(3) Qualified facility.--The term `qualified facility'
means a facility that--
``(A) uses anaerobic digesters, gasification, or
other biological, chemical, or thermal processes to
convert qualified energy feedstock into biogas,
``(B) is owned by the taxpayer,
``(C) is located in the United States,
``(D) is originally placed in service before
January 1, 2017, and
``(E) the biogas output of which is--
``(i) marketed through interconnection with
a gas distribution or transmission pipeline, or
``(ii) reasonably expected to be used in a
quantity sufficient to offset the consumption
of 5,000 mmBtu annually of commercially
marketed fuel derived from coal, crude oil,
natural gas, propane, or other fossil fuels.
``(c) Special Rules.--For purposes of this section--
``(1) Production attributable to the taxpayer.--In the case
of a facility in which more than 1 person has an ownership
interest, except to the extent provided in regulations
prescribed by the Secretary, production from the qualified
facility shall be allocated among such persons in proportion to
their respective ownership interests in the gross sales from
such qualified facility.
``(2) Related persons.--Persons shall be treated as related
to each other if such persons would be treated as a single
employer under the regulations prescribed under section 52(b).
In the case of a corporation which is a member of an affiliated
group of corporations filing a consolidated return, such
corporation shall be treated as selling biogas to an unrelated
person if such biogas is sold to such a person by another
member of such group.
``(3) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(4) Coordination with credit from producing fuel from a
nonconventional source.--The amount of biogas produced and sold
or used by the taxpayer during any taxable year which is taken
into account under this section shall be reduced by the amount
of biogas produced and sold by the taxpayer in such taxable
year which is taken into account under section 45K.
``(5) Credit eligibility in the case of government-owned
facilities.--In the case of any facility which produce biogas
and which is owned by a governmental unit, subparagraph (B) of
subsection (b)(3) shall be applied by substituting `is leased
or operated by the taxpayer' for `is owned by the taxpayer'.
``(d) Special Rule for Public-Private Partnerships.--
``(1) In general.--In the case of facility which is owned
by a public-private partnership, any qualified public entity
which is a member of such partnership may transfer such
entity's allocation of the credit under subsection (a) to any
non-public entity which is a member of such partnership, except
that the aggregate allocations of such credit claimed by such
non-public entity shall be subject to the limitations under
subsections (b) and (c) and section 38(c).
``(2) Qualified public entity.--For purposes of this
subsection, the term `qualified public entity' means a Federal,
State, or local government entity, or any political subdivision
thereof, or a cooperative organization described in section
1381(a).
``(3) Verification of transfer of allocation.--A qualified
public entity that makes a transfer under paragraph (1), and a
non-public entity that receives an allocation under such a
transfer, shall provide verification of such transfer in such
manner and at such time as the Secretary shall prescribe.
``(e) Adjustment Based on Inflation.--
``(1) In general.--The $4.27 amount under subsection (b)(1)
shall be adjusted by multiplying such amount by the inflation
adjustment factor for the calendar year in which the sale
occurs. If any amount as increased under the preceding sentence
is not a multiple of 0.1 cent, such amount shall be rounded to
the nearest multiple of 0.1 cent.
``(2) Computation of inflation adjustment factor.--
``(A) In general.--The Secretary shall, not later
than April 1 of each calendar year, determine and
publish in the Federal Register the inflation
adjustment factor in accordance with this paragraph.
``(B) Inflation adjustment factor.--The term
`inflation adjustment factor' means, with respect to a
calendar year, a fraction the numerator of which is the
GDP implicit price deflator for the preceding calendar
year and the denominator of which is the GDP implicit
price deflator for calendar year 2008. The term `GDP
implicit price deflator' means the most recent revision
of the implicit price deflator for the gross domestic
product as computed and published by the Department of
Commerce before March 15 of the calendar year.''.
(b) Credit Treated as Business Credit.--Section 38(b) of the
Internal Revenue Code of 1986 is amended by striking ``plus'' at the
end of paragraph (34), by striking the period at the end of paragraph
(35) and inserting ``, plus'', and by adding at the end the following
new paragraph:
``(36) the qualified biogas production credit under section
45R(a).''.
(c) Coordination With Credit for Production Electricity From a
Renewable Resource.--Section 45(e) of the Internal Revenue Code of 1986
is amended by adding at the end the following new paragraph:
``(12) Coordination with credit for production of biogas.--
The term `qualified facility' shall not include any facility
which produces electricity from biogas the production from
which is allowed a credit under section 45R for such taxable
year or any prior taxable year.''.
(d) Credit Allowed Against AMT.--Section 38(c)(4)(B) of the
Internal Revenue Code of 1986 is amended by redesignating clauses (vi)
through (viii) as clauses (vii) through (ix), respectively, and by
inserting after clause (v) the following new clause:
``(vi) the credit determined under section
45R.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45Q the
following new item:
``Sec. 45R. Biogas produced from certain renewable feedstocks.''.
(f) Effective Date.--The amendments made by this section shall
apply to biogas produced and sold or used in taxable years beginning
after the date of the enactment of this Act. | Biogas Production Incentive Act of 2009 - Amends the Internal Revenue Code to allow a business tax credit for the production, sale, or use of biogas. Defines "biogas" as a gas that is derived by processing qualified energy feedstock (i.e., manure of agricultural livestock and other organic agricultural or food industry byproduct waste material) in an anaerobic digester and that contains at least 50% methane. Allows such credit to offset alternative minimum tax (AMT) liability. | A bill to promote biogas production, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Cruise Ship Tourism
Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastwise trade.--The term ``coastwise trade'' means
transportation of a passenger between points in the United
States, either directly or by way of a foreign point.
(2) Cruise ship.--The term ``cruise ship'' means a self-
propelled ship that--
(A) is of at least 9,000 gross tons (as measured
under chapter 143 of title 46, United States Code) and
has a stateroom or berth capacity of at least 200
passengers;
(B) provides a full range of accommodations,
entertainment, dining, and other services for its
passengers; and
(C) does not operate as a ferry providing
intrastate or interstate commuter service for
passengers, vehicles or other cargo for compensation.
(3) Documented vessel.--The term ``documented vessel'' has
the same meaning as that term is defined in section 2101 of
title 46, United States Code.
(4) Person.--The term ``person'' means a corporation,
partnership, limited liability company, association, or other
entity, the controlling interest of which is owned by citizens
of the United States within the meaning of section 2(a) of the
Shipping Act, 1916 (46 U.S.C. App. 802(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. EMPLOYMENT OF FOREIGN-BUILT, U.S.-FLAG CRUISE SHIPS IN THE
COASTWISE TRADE.
(a) In General.--Notwithstanding section 12106(a)(2) of title 46,
United States Code, section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), and section 8 of the Act of June 19, 1886 (46 U.S.C.
App. 289), the Secretary may issue a certificate of documentation with
coastwise endorsement for a cruise ship not built in the United States,
or if rebuilt, not rebuilt in the United States, to a person that is an
owner or operator of such cruise ship.
(b) Limitations.--
(1) A certificate of documentation with coastwise
endorsement may be issued pursuant to subsection (a) of this
section only for a cruise ship that was built or rebuilt not
more than 10 years before the date of enactment of this Act.
(2) A certificate of documentation with coastwise
endorsement may be issued pursuant to subsection (a) of this
section only for a cruise ship that--
(A) is of at least 20,000 gross tons (as measured
under chapter 143 of title 46, United States Code); or
(B) has a stateroom or berth capacity of at least
800 passengers.
(3) Certificates of documentation with coastwise
endorsement may be issued pursuant to subsection (a) of this
section for not more than 3 cruise ships.
(4) The Secretary may require any additional appropriate
conditions the Secretary deems necessary.
(b) Construction Standards.--
(1) Certificate of inspection.--A cruise ship issued a
certificate of documentation with coastwise endorsement
pursuant to subsection (a) of this section shall be eligible
for a certificate of inspection (as prescribed by 46 U.S.C.
3309) if the Secretary determines that--
(A) the cruise ship is classed by and designed in
accordance with the rules of a classification society
accepted by the Secretary;
(B) the cruise ship complies with applicable
international agreements and associated guidelines, as
determined by the Secretary. Additionally, such cruise
ship shall be equipped with automatic sprinkler and
fire detection systems meeting the requirements of the 1992 Amendments
to the Safety of Life at Sea Convention of 1974 (SOLAS 74) throughout
all service and accommodation spaces; and
(2) Continued eligibility for certificate.--Paragraph (1)
of this subsection does not apply to any cruise ship after any
date on which the cruise ship fails to comply with the
applicable international agreements and associated guidelines
described in paragraph (1)(B) of this subsection.
(3) Reliance on classification society.--The Secretary may
rely on a certification from a classification society accepted
by the Secretary to establish that the cruise ship is in
compliance with the requirements of paragraphs (1) and (2) of
this subsection.
(d) Foreign transfer.--Notwithstanding section 9(c) of the Shipping
Act, 1916 (46 U.S.C. App. 808), a coastwise qualified United States-
flag, foreign-built cruise ship may be placed under foreign registry
without the approval of the Secretary any time after its documentation
under subsection (a)(1) of this section. The Secretary shall revoke the
coastwise endorsement of any such cruise ship when it is placed under
foreign registry.
SEC. 4. LIMITED EMPLOYMENT OF FOREIGN-FLAG CRUISE SHIPS IN THE
COASTWISE TRADE OF THE UNITED STATES.
(a) In General.--Notwithstanding section 12106 of title 46, United
States Code, section 27 of the Merchant Marine Act, 1920 (46 U.S.C.
App. 883), and section 8 of the Act of June 19, 1886 (46 U.S.C. App.
289), the Secretary may approve the employment in the coastwise trade
of the United States of a cruise ship that is not a documented vessel
(hereinafter referred to as a ``coast-wise qualified foreign-flag
cruise ship'')
(b) Limitations.--
(1) Repositionings. A coastwise qualified foreign-flag
cruise ship may be employed in the coastwise trade during each
calendar year for not more than 2 voyages, the coastwise trade
portion of which does not exceed 2 weeks and includes
transportation of passengers for hire--
(A) from one coast of the United States through the
Panama Canal to another coast of the United States; or
(B) along one coast of the United States during a
voyage between 2 foreign countries.
(2) Charters.--
(A) 30-day limit.--Not more than 30 coastwise
qualified foreign-flag cruise ships may be employed in
the coastwise trade for not more than 30 days per
cruise ship during a calendar year.
(B) Eligible charterers.--A coastwise qualified
foreign-flag cruise ship may only be employed in the
coastwise trade under subparagraph (A) if such
coastwise qualified foreign-flag cruise ship is time-
chartered to a charterer that--
(i) does not own or operate a cruise ship;
or
(ii) is not affiliated with an owner or
operator of a cruise ship.
(C) Exception to 30-day limit.--A coastwise
qualified foreign-flag cruise ship may be authorized to
be employed in the coastwise trade for more than 30
days during a calendar year if fewer than 30 requests
for coastwise trade employment authority under
subparagraph (A) are received by the Secretary for a
calendar year.
SEC. 5. REPORT.
Not later than January 1, 2004, the Secretary shall report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the development of the domestic cruise ship trade
since the date of enactment of this Act and make recommendations
concerning the expansion or termination of authorities enacted by this
Act. | United States Cruise Ship Tourism Act of 1998 - Authorizes the Secretary of Transportation to issue to an owner or operator a certificate of documentation with coastwise endorsement for up to three cruise ships of specified tonnage and passenger capacity which were not built or rebuilt in the United States.
Makes a cruise ship with such a certificate eligible for a certificate of inspection if the Secretary determines that: (1) the cruise ship is classed by and designed in accordance with the rules of a classification society accepted by the Secretary; and (2) the cruise ship complies with applicable international agreements and associated guidelines, including being equipped with automatic sprinkler and fire detection systems that meet certain standards.
Authorizes a coastwise qualified U.S.-flag, foreign-built cruise ship to be placed under foreign registry without the approval of the Secretary any time after its certificate of documentation. Requires the Secretary to revoke the coastwise endorsement of such cruise ship when it is placed under foreign registry.
Authorizes the Secretary to approve the employment in the U.S. coastwise trade of a cruise ship that is not a documented vessel (coastwise qualified foreign-flag cruise ship). Sets forth certain limitations with respect to such cruise ships. Directs the Secretary to report to specified congressional committees on the development of the domestic cruise ship trade since the enactment of this Act, and make recommendations concerning the expansion or termination of authorities it enacts. | United States Cruise Ship Tourism Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Technology
Demonstration Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The development and deployment of environmental
technologies can enhance the economic competitiveness and the
environmental security of the United States.
(2) The Federal Government has facilities which can assist
and catalyze efforts of industry in developing and deploying
new environmental technologies.
SEC. 3. USE OF FEDERAL FACILITIES FOR ENVIRONMENTAL TECHNOLOGY
DEMONSTRATION.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish a program to demonstrate the
performance of environmental technologies at Federal laboratories and
other Federal facilities.
(b) Qualifying Technology Demonstration Projects.--Technologies
that qualify for demonstration under such program include--
(1) environmental technologies that can be applied to a
major pollution control or remediation need, as determined by
the Administrator, at a Federal laboratory or other Federal
facility;
(2) environmental technologies the development of which
would be significantly advanced by unique facilities or
capabilities of a Federal laboratory or other Federal facility;
and
(3) other environmental technologies that the
Administration considers to have significant potential as an
environmental technology that will contribute to sustainable
economic growth.
(c) Administration.--As part of the program established under this
section, the Administrator--
(1) may enter into cooperative agreements with other
Federal departments and agencies for the purpose of
demonstrating the performance of environmental technologies;
(2) may enter into contracts and cooperative agreements for
such purpose with organizations selected under paragraph (7);
(3) except as provided in paragraph (4), may not provide
Federal resources under a cooperative agreement referred to in
paragraphs (1) and (2) in an amount that exceeds one-half of
the total cost of carrying out services and activities under
the agreement;
(4) may make special provisions for small businesses,
including the provision of Federal resources under a
cooperative agreement entered into with a small business under
paragraph (1) or (2) in an amount that exceeds one-half of the
total cost of carrying out services and activities under the
agreement;
(5) shall establish procedures to solicit and accept
applications for environmental technologies for demonstration
under this program;
(6) shall, in consultation and cooperation with other
Federal agencies, make available information about the
facilities and expertise available at Federal laboratories that
would be valuable to the demonstration of environmental
technologies and about sites at Federal laboratories or other
Federal facilities potentially available for testing
environmental technologies, characterized by specific site
characteristics, including site geology and site contaminants
where appropriate;
(7) shall establish procedures for the merit-based review
of all applications for demonstration projects under this
program through a process that includes representatives of
industry and United States nonprofit organizations and select
organizations to carry out such projects based upon such
procedures;
(8) shall document the performance and cost of
characteristics of the environmental technology demonstrated;
and
(9) shall list and disseminate nonproprietary information
regarding the performance and cost characteristics of the
environmental technologies demonstrated pursuant to this Act.
(d) Qualifying Organizations.--Entities eligible to carry out a
demonstration project as part of the program established under
subsection (a) are United States companies (including small
businesses), United States nonprofit organizations, United States
institutions of higher education, and other organizations that the
Administrator considers appropriate.
(e) Program Evaluation and Reporting.--The Administrator shall, in
cooperation with other Federal agencies and in consultation with the
United States companies and United States nonprofit organizations,
annually submit to the Congress a report that evaluates the performance
of the program, including a statement of--
(1) the number of environmental technologies tested and the
type of problems addressed;
(2) the number of environmental technologies demonstrated
in the program that have since become commercially viable and
their estimated impact; and
(3) the Federal and non-Federal financial resources
committed to the program.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``environmental technology'' means--
(A) a technology that is primarily intended to
improve the quality of the environment through
pollution reduction or remediation;
(B) a product, manufacturing process, or service
that is capable of cost-effectively replacing the
functions of an existing product, process, or service,
and as compared with the product, process, or service
it replaces, significantly reducing overall pollution
or significantly improving the efficiency of energy or
materials use; or
(C) a technology within the meaning of
subparagraphs (A) and (B).
(3) The term ``Federal laboratory'' means a Government-
owned, Government-operated laboratory, or a Government-owned,
contractor-operated laboratory. | Environmental Technology Demonstration Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a program to demonstrate the performance of environmental technologies at Federal laboratories and other Federal facilities.
Makes U.S. companies and small businesses, nonprofit organizations, and institutions of higher education eligible to carry out demonstration projects, as well as other organizations that the Administrator considers appropriate. | Environmental Technology Demonstration Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Closed-Loop Pumped Storage
Hydropower Act''.
SEC. 2. CLOSED-LOOP PUMPED STORAGE PROJECTS.
Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended
by adding at the end the following:
``SEC. 34. CLOSED-LOOP PUMPED STORAGE PROJECTS.
``(a) Expedited Licensing Process for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--As provided in this section, the
Commission may issue and amend licenses and preliminary
permits, as appropriate, for closed-loop pumped storage
projects.
``(2) Rule.--Not later than 180 days after the date of
enactment of this section, the Commission shall issue a rule
establishing an expedited process for issuing and amending
licenses and preliminary permits for closed-loop pumped storage
projects under this section.
``(3) Interagency task force.--In establishing the
expedited process under this section, the Commission shall
convene an interagency task force, with appropriate Federal and
State agencies and Indian tribes represented, to coordinate the
regulatory processes associated with the authorizations
required to construct and operate closed-loop pumped storage
projects.
``(4) Length of process.--The Commission shall ensure that
the expedited process under this section will result in final
decision on an application for a license by not later than 2
years after receipt of a completed application for such
license.
``(b) Dam Safety.--Before issuing any license for a closed-loop
pumped storage project, the Commission shall assess the safety of
existing dams and other structures related to the project (including
possible consequences associated with failure of such structures).
``(c) Exemptions From Other Requirements.--
``(1) In general.--In issuing or amending a license or
preliminary permit pursuant to the expedited process
established under this section, the Commission may grant an
exemption from any other requirement of this part with respect
to any part of the closed-loop pumped storage project (not
including any dam or other impoundment).
``(2) Consultation.--In granting an exemption under
paragraph (1), the Commission shall consult with the United
States Fish and Wildlife Service and the State agency
exercising administration over the fish and wildlife resources
of the State in which the closed-loop pumped storage project is
or will be located, in the manner provided by the Fish and
Wildlife Coordination Act (16 U.S.C. 661 et seq.).
``(3) Terms and conditions.--In granting an exemption under
paragraph (1), the Commission shall include in any such
exemption--
``(A) such terms and conditions as the Fish and
Wildlife Service, National Marine Fisheries Service,
and the State agency described in paragraph (2) each
determine are appropriate to prevent loss of, or damage
to, fish and wildlife resources and to otherwise carry
out the purposes of the Fish and Wildlife Coordination
Act; and
``(B) such terms and conditions as the Commission
deems appropriate to ensure that such closed-loop
pumped storage project continues to comply with the
provisions of this section and terms and conditions
included in any such exemption.
``(4) Fees.--The Commission, in addition to the
requirements of section 10(e), shall establish fees which shall
be paid by an applicant for a license for a closed-loop pumped
storage project that is required to meet terms and conditions
set by fish and wildlife agencies under paragraph (3). Such
fees shall be adequate to reimburse the fish and wildlife
agencies referred to in paragraph (3) for any reasonable costs
incurred in connection with any studies or other reviews
carried out by such agencies for purposes of compliance with
this section. The fees shall, subject to annual appropriations
Acts, be transferred to such agencies by the Commission for use
solely for purposes of carrying out such studies and shall
remain available until expended.
``(d) Transfers.--Notwithstanding section 5, and regardless of
whether the holder of a preliminary permit for a closed-loop pumped
storage project claimed municipal preference under section 7(a) when
obtaining the permit, the Commission may, to facilitate development of
a closed-loop pumped storage project--
``(1) add entities as joint permittees following issuance
of a preliminary permit; and
``(2) transfer a license in part to one or more
nonmunicipal entities as co-licensees with a municipality, if
the municipality retains majority ownership of the project for
which the license was issued.
``(e) Interagency Communications.--Interagency cooperation in the
preparation of environmental documents under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an
application for a license for a closed-loop pumped storage project
submitted pursuant to this section, and interagency communications
relating to licensing process coordination pursuant to this section,
shall not--
``(1) be considered to be ex parte communications under
Commission rules; or
``(2) preclude an agency from participating in a licensing
proceeding under this part.
``(f) Developing Abandoned Mines for Pumped Storage.--
``(1) Workshop.--Not later than 6 months after the date of
enactment of this section, the Commission shall hold a workshop
to explore potential opportunities for development of closed-
loop pumped storage projects at abandoned mine sites.
``(2) Guidance.--Not later than 1 year after the date of
enactment of this section, the Commission shall issue guidance
to assist applicants for licenses or preliminary permits for
closed-loop pumped storage projects at abandoned mine sites.
``(g) Qualifying Criteria for Closed-Loop Pumped Storage
Projects.--
``(1) In general.--The Commission shall establish criteria
that a pumped storage project shall meet in order to qualify as
a closed-loop pumped storage project eligible for the expedited
process established under this section.
``(2) Inclusions.--In establishing the criteria under
paragraph (1), the Commission shall include criteria requiring
that the pumped storage project--
``(A) cause little to no change to existing surface
and groundwater flows and uses; and
``(B) is unlikely to adversely affect species
listed as a threatened species or endangered species
under the Endangered Species Act of 1973.''.
SEC. 3. OBLIGATION FOR PAYMENT OF ANNUAL CHARGES.
Section 10(e) of the Federal Power Act (16 U.S.C. 803(e)) is
amended by adding at the end the following:
``(5) Any obligation of a licensee for payment of annual charges
under this subsection shall commence when the construction of the
applicable facility commences.''.
Passed the House of Representatives December 12, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Promoting Closed-Loop Pumped Storage Hydropower Act (Sec.2)This bill amends the Federal Power Act to authorize the Federal Energy Regulatory Commission (FERC) to establish an expedited licensing process for issuing and amending licenses and preliminary permits for closed-loop pumped storage projects (in which the upper and lower reservoirs do not impound or directly withdraw water from navigable waters, or that are not continuously connected to a naturally flowing water feature). In establishing the expedited process, FERC shall convene an interagency task force with appropriate federal and state agencies and Indian tribes to coordinate the regulatory process associated with the authorizations required to construct and operate closed-loop pumped storage projects. FERC must assess the safety of existing dams and other structures related to the project before issuing any license for a closed-loop storage project. FERC must hold a workshop to explore potential opportunities for development of storage projects at abandoned mine sites. FERC must also establish criteria that a project shall meet to qualify as a closed-loop pumped storage under this bill, including requiring that the project cause little to no change to existing surface and groundwater flows and uses and that the project is unlikely to adversely affect species listed as threatened or endangered under the Endangered Species Act of 1973. (Sec.3)Licensees are not required to pay an annual charge for administrative expenses until construction commences. | Promoting Closed-Loop Pumped Storage Hydropower Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Child Protection and Deferred
Enforced Departure Family Unity Act of 2000''.
SEC. 2. PERMANENT RESIDENT STATUS FOR ANY ALIEN ORPHAN WHO IS
PHYSICALLY PRESENT IN THE UNITED STATES AND IS LESS THAN
12 YEARS OF AGE.
(a) Adjustment of Status.--
(1) In general.--Notwithstanding section 245(c) of the
Immigration and Nationality Act, the status of any alien
described in subsection (b) shall be adjusted by the Attorney
General to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment; and
(B) is otherwise eligible to receive an immigrant
visa and is otherwise admissible to the United States
for permanent residence, except in determining such
admissibility the grounds for inadmissibility specified
in paragraphs (4), (6)(A), (7)(A), and (9) of section
212(a) of the Immigration and Nationality Act shall not
apply.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
adjustment of status under paragraph (1). Such an alien may not
be required, as a condition on submitting or granting such
application, to file a motion to reopen, reconsider, or vacate
such order. If the Attorney General grants the application, the
Attorney General shall cancel the order. If the Attorney
General renders a final administrative decision to deny the
application, the order shall be effective and enforceable to
the same extent as if the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) at the time of application has not attained the age of
12 years;
(2) is physically present in the United States; and
(3) has no living legally-recognized parent.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for adjustment of status under subsection
(a) the same right to, and procedures for, administrative review as are
provided to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act; or
(2) aliens subject to removal proceedings under section 240
of such Act.
(e) No Offset in Number of Visas Available.--When an alien is
granted the status of having been lawfully admitted for permanent
residence pursuant to this section, the Secretary of State shall not be
required to reduce the number of immigrant visas authorized to be
issued under any provision of the Immigration and Nationality Act.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted the status of having been lawfully admitted
for permanent residence under this section shall not preclude the alien
from seeking such status under any other provision of law for which the
alien may be eligible.
SEC. 2. DEFERRED ENFORCED DEPARTURE FOR ANY ALIEN NATURAL AND LEGAL
PARENT OF A CHILD BORN IN THE UNITED STATES WHO IS LESS
THAN 18 YEARS OF AGE.
(a) Deferred Enforced Departure.--
(1) In general.--Notwithstanding the Immigration and
Nationality Act, the removal or enforced departure any alien
described in subsection (b) shall be deferred by the Attorney
General during any period in which the alien is the natural and legal
parent of a child born in the United States who has not attained the
age of 18 years, if the alien applies for such deferral.
(2) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of the Immigration
and Nationality Act may, notwithstanding such order, apply for
deferral of enforced departure under paragraph (1). Such an
alien may not be required, as a condition on submitting or
granting such application, to file a motion to reopen,
reconsider, or vacate such order. If the Attorney General
grants the application, the Attorney General shall cancel the
order. If the Attorney General renders a final administrative
decision to deny the application, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(b) Aliens Eligible for Deferred Enforced Departure.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) is physically present in the United States; and
(2) is the natural and legal parent of a child born in the
United States who has not attained the age of 18 years.
(c) Stay of Removal.--
(1) In general.--The Attorney General shall provide by
regulation for an alien subject to a final order of deportation
or removal or exclusion to seek a stay of such order based on
the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act, the Attorney
General shall not order any alien to be removed from the United
States, if the alien is in exclusion, deportation, or removal
proceedings under any provision of such Act and raises as a
defense to such an order the eligibility of the alien to apply
for adjustment of status under subsection (a), except where the
Attorney General has rendered a final administrative
determination to deny the application.
(d) Availability of Administrative Review.--The Attorney General
shall provide to applicants for deferred enforced departure under
subsection (a) the same right to, and procedures for, administrative
review as are provided to aliens subject to removal proceedings under
section 240 of such Act.
(e) Work Authorization.--
(1) During application process.--The Attorney General may
authorize an alien who has applied for deferred enforced
departure under subsection (a) to engage in employment in the
United States during the pendency of such application and may
provide the alien with an ``employment authorized'' endorsement
or other appropriate document signifying authorization of
employment, except that if such application is pending for a
period exceeding 180 days, and has not been denied, the
Attorney General shall authorize such employment.
(2) During deferred enforced departure period.--The
Attorney General shall authorize an alien who is granted
deferred enforced departure under subsection (a) to engage in
employment in the United States during any period in which
deferred enforced departure applies.
(f) Application of Immigration and Nationality Act Provisions.--
Except as otherwise specifically provided in this Act, the definitions
contained in the Immigration and Nationality Act shall apply in the
administration of this section. Nothing contained in this Act shall be
held to repeal, amend, alter, modify, effect, or restrict the powers,
duties, functions, or authority of the Attorney General in the
administration and enforcement of such Act or any other law relating to
immigration, nationality, or naturalization. The fact that an alien may
be eligible to be granted deferred enforced departure status under this
section shall not preclude the alien from seeking immigration status
under any other provision of law for which the alien may be eligible. | Provides for deferred enforced departure (and stay of removal if applicable) of an alien who is the natural and legal parent of a U.S.-born child under 18 years old. | Alien Child Protection and Deferred Enforced Departure Family Unity Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enterprise Rancheria Land
Restoration Act of 2004''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Enterprise Rancheria is 1 of several Federally
recognized tribes of Maidu Indians in the State of California
that function under a government-to-government relationship
with the Federal Government;
(2) the Maidu people lived for thousands of years along the
watershed of the Feather River drainage area in north central
California, near what is now known as the Sacramento Valley
floor, and near the confluence of the south, middle, north, and
west branches of the Feather River;
(3) in 1916, pursuant to section 3 of the Act of August 1,
1914 (38 Stat. 589, chapter 222), and other Federal laws
relating to homeless Indians, a parcel of land comprising
approximately 40.64 acres was purchased for Enterprise
Rancheria;
(4) in 1915, the Secretary of the Interior developed a
census of approximately 51 Maidu Indians, which is now used for
the purpose of establishing the base membership roll for the
Enterprise Rancheria;
(5) Enterprise Rancheria has been continuously federally
recognized since 1915 and was again recognized by virtue of
voting in an election on June 12, 1935, pursuant to section 19
of the Act of June 18, 1934 (commonly known as the ``Indian
Reorganization Act'') (48 Stat. 984, chapter 576);
(6) Enterprise Rancheria has a constitution recognized by
the Bureau of Indian Affairs, a functioning governing body, and
approximately 664 enrolled members;
(7) on August 20, 1964, Public Law 88-453 was enacted,
which authorized the Secretary of the Interior to sell
Enterprise Rancheria No. 2 parcel to the State of California
for the approximate sum of $12,196, for the sole purpose of
construction of Oroville Dam;
(8) the State of California requested the law described in
paragraph (7) because Enterprise Rancheria No. 2 parcel would
be within the reservoir area of the Oroville Dam, an important
element of the California water plan;
(9) as a result of Public Law 88-453, Enterprise Rancheria
No. 2 parcel is nearly all under water within the reservoir of
the Oroville Dam;
(10) pursuant to Public Law 88-453, $11,175 was paid as
consideration for the 40.46 acres of Enterprise Rancheria No. 2
parcel, along with $1,020 for appraised personal property, for
a total purchase price of $12,196.00;
(11) the payment was distributed to 4 individuals, Henry B.
Martin, Vera Martin Kiras, Stanley Martin, and Ralph G. Martin,
who received a pro rata share of the proceeds;
(12) the remaining heirs and members of the Tribe received
no compensation for the sale of the land;
(13) subsequent to the sale of the Enterprise Rancheria No.
2 parcel, the Enterprise Rancheria members, having lost their
homes, community, and traditional homeland, were forced to
scatter throughout the surrounding foothill communities and the
Sacramento Valley area, which has caused a continuing decay of
their culture, language, and traditions;
(14) recognizing that the final resolution of any equitable
compensation claims based on the inequitable taking of
Enterprise Rancheria No. 2 parcel will take many years and
entail great expense to all parties, rectifying the loss of the
Enterprise Rancheria is imperative at this time;
(15) the uncertainty as to the availability of Enterprise
Rancheria land taken in 1964 should be settled as soon as
practicable to avoid further damage to the long-term economic,
social, cultural planning, and development of the Enterprise
Rancheria;
(16) to advance and fulfill the goals of Federal Indian
policy and the responsibility of the United States to protect
the land base and members of Enterprise Rancheria, it is
appropriate that the United States participate in the
implementation of restoring the land in accordance with this
Act; and
(17) this Act settles all claims Enterprise Rancheria may
have regarding any equitable compensation based on the taking
of the original Enterprise Rancheria No. 2 parcel in 1964.
(b) Purposes.--The purposes of this Act are--
(1) to rectify an inequitable taking of land owned by
Enterprise Rancheria, specifically that parcel known as
Enterprise Rancheria No. 2 parcel, which comprised
approximately 40.64 acres, in a manner that is consistent with
the trust responsibility of the United States toward Federally
recognized Indian tribes;
(2) to restore land to the Enterprise Rancheria and improve
the socioeconomic, cultural, and traditional aspects of the
Maidu people of the Enterprise Rancheria, through land that can
be used for economic development to improve the social,
cultural, governmental, educational, health, and general
welfare of Enterprise Rancheria and members of the Enterprise
Rancheria; and
(3) to require that land not to exceed 41 acres acquired by
Enterprise Rancheria within the 40-mile radius of Enterprise
Rancheria No. 2 parcel and within the Estom Yumeka Maidu aboriginal
boundaries, if approved for trust status pursuant to part 151 of title
25, Code of Federal Regulations (or a successor regulation), be treated
for all legal purposes as the restoration of land for an Indian tribe
that is restored to Federal recognition.
SEC. 3. DEFINITIONS.
In this Act:
(1) Aboriginal boundaries.--The term ``aboriginal
boundaries'' means the boundaries of the land occupied and
possessed by the Maidu people prior to conquest, as a defined
area of what is now California, designated as the land near and
around the confluence of the Feather River within the
Sacramento Valley.
(2) Acquired land.--The term ``acquired land'' means that
land purchased on or after the date of enactment of this Act to
restore land taken from the Enterprise Rancheria for the State
of California, pursuant to Public Law 88-453.
(3) Enterprise rancheria.--The term ``Enterprise
Rancheria'' means the Rancheria Tribe that was federally
recognized on April 20, 1915, with a governing constitution,
approved April 12, 1995.
(4) Enterprise rancheria no. 2 parcel.--The term
``Enterprise Rancheria No. 2 parcel'' means the original 40.64
acre land base parcel belonging to the Maidu Indians that was
established and purchased by the United States and placed in
trust status for the homeless Maidu people in the area of the
parcel.
(5) Feather river drainage area.--The term ``Feather River
drainage area'' means the area near and around the confluence
of the south, middle, north, and west branches of the Feather
River and drainage area below the confluence.
(6) Rancheria act.--The term ``Rancheria Act'' means Public
Law 85-671 (commonly known as the ``California Rancheria
Act''), which terminated 38 California Rancherias.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Trust status.--The term ``trust status'' means the
status of land, the title of which is held by the United States
on behalf and for the beneficial use of recognized Indian
tribes in accordance with part 151 of title 25, Code of Federal
Regulations (or a successor regulation).
SEC. 4. PLACEMENT OF ACQUIRED LAND IN TRUST STATUS.
The Secretary may place into trust status not to exceed 41 acres of
land of the Enterprise Rancheria, if the land is approved for trust
status.
SEC. 5. REPLACEMENT LAND.
(a) Purchase.--To restore the Enterprise Rancheria No. 2 parcel,
the Enterprise Rancheria may purchase not to exceed 41 acres of
replacement land within the 40-mile radius of Enterprise Rancheria No.
2 parcel and within the aboriginal boundaries of the Estom Yumeka
Maidu.
(b) Trust Status.--The Secretary may place the replacement land
into trust status, the title to which shall be held in trust by the
United States for the benefit of Enterprise Rancheria, if all Federal
requirements of placing the land into trust status are satisfied.
(c) Treatment of Replacement Land.--The acquisition of land under
subsection (a) shall be treated as the restoration of land for an
Indian tribe that is recognized by the Federal Government.
SEC. 6. EFFECT ON TRUST STATUS.
This Act does not limit the authority of the Secretary to approve
or deny any land application for trust status.
SEC. 7. FULL SATISFACTION OF CLAIMS.
On the placement of the land described in section 5 into trust
status, the Enterprise Rancheria shall be considered to have
relinquished all equitable compensation claims the Enterprise Rancheria
may have against the United States and the State of California arising
from the sale of Enterprise Rancheria No. 2 parcel. | Enterprise Rancheria Land Restoration Act of 2004 - Authorizes the Secretary of the Interior to place into trust status not to exceed 41 acres of land of the Enterprise Rancheria (one of several Federally recognized tribes of Maidu Indians in California), if the land is approved for trust status.
Provides that, to restore the Enterprise Rancheria No. 2 parcel, the Enterprise Rancheria may purchase not to exceed 41 acres of replacement land within the 40 mile radius of Enterprise Rancheria No. 2 parcel and within the aboriginal boundaries of the Estom Yumeka.
Allows the Secretary to place the replacement land into trust status, the title to which shall be held in trust by the United States for the benefit of Enterprise Rancheria.
Provides that: (1) the acquisition of land above shall be treated as the restoration of land for an Indian tribe that is recognized by the Federal Government; (2) this Act does not limit the authority of the Secretary to approve or deny any land application for trust status; and (3) on the placement of replacement land into trust status, the Enterprise Rancheria shall be considered to have relinquished all equitable compensation claims the Enterprise Rancheria may have against the United States and California arising from the sale of Enterprise Rancheria No. 2 parcel. | A bill to restore land to the Enterprise Rancheria to rectify an inequitable taking of the land. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Antibiotic Resistance Act
of 2015''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure the safety and effectiveness
of medically important antimicrobials approved for use in the
prevention and control of animal diseases, in order to minimize the
development of antibiotic-resistant bacteria.
SEC. 3. EVIDENCE OF SAFETY OF MEDICALLY IMPORTANT VETERINARY
ANTIMICROBIALS.
(a) Applications Pending or Submitted After Enactment.--Section
512(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360b(d)(1)) is amended--
(1) in the first sentence--
(A) in subparagraph (H), by striking ``or'' at the
end;
(B) in subparagraph (I), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (I) the
following:
``(J) with respect to a medically important
antimicrobial (as defined in subsection (q)), the
applicant has failed to demonstrate that a New Animal
Drug Application for an antimicrobial labeled for
disease prevention or control fails to meet the
criteria in subsection (q)(2)(A);''; and
(2) in the second sentence, by striking ``(A) through (I)''
and inserting ``(A) through (J)''.
(b) Ensuring Judicious Use in Animals of Medically Important
Antimicrobials.--Section 512 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360b) is amended by adding at the end the following:
``(q) Ensuring Judicious Use in Animals of Medically Important
Antimicrobials.--
``(1) Applicability.--This subsection applies to medically
important antimicrobials approved for use in a food-producing
animal--
``(A)(i) for which there is in effect an approval
of an application or an exemption under subsection (b),
(i), or (j) of section 505; or
``(ii) that is otherwise marketed for human use;
``(B) for which the Food and Drug Administration
has initiated or completed withdrawal or modification
of an approved label for growth promotion, feed
efficiency, or other production use or over-the-counter
use, in accordance with the Guidance for Industry
entitled, `New Animal Drugs and New Animal Drug
Combination Products, Administered in or on Medicated
Feed or Drinking Water of Food-Producing Animals:
Recommendations for Drug Sponsors for Voluntarily
Aligning Product Use Conditions with GFI #209',
published in December 2013; and
``(C) for which the Food and Drug Administration
has approved a label--
``(i) for disease control or prevention at
the same or similar dosage level as applicable
for the approved production use described in
subparagraph (B);
``(ii) that does not specify an explicitly
defined duration of therapy; or
``(iii) specifying a dosage that is not
expected to treat a specific bacterial
pathogen.
``(2) Review of disease prevention and control approvals.--
``(A) In general.--Not later than January 1, 2017,
the Secretary shall initiate a process whereby--
``(i) not later than January 1, 2018, a
sponsor of an antimicrobial drug described in
paragraph (1) shall submit to the Secretary
evidence demonstrating that, with respect to
such drug--
``(I) there is evidence of
effectiveness in controlling or
preventing bacterial disease;
``(II) an approved use is
consistent with accepted veterinary
practice;
``(III) an approved use is linked
to a specific etiologic agent;
``(IV) an approved use is
appropriately targeted to animals at
risk of developing a specific bacterial
disease;
``(V) an approved use has an
explicitly defined duration of therapy;
and
``(VI) there is reasonable
certainty of no harm to human health
due to the development of antimicrobial
resistance; and
``(ii)(I) if the Secretary determines that
the evidence submitted under clause (i) is
sufficient to demonstrate that the drug meets
the requirements described in subclauses (I)
through (VI) of such clause, not later than
December 31, 2018, the Secretary shall issue a
revised label approval for the antimicrobial
drug, as necessary; or
``(II) if the Secretary determines that the
evidence submitted under clause (i) is
insufficient to demonstrate that the drug meets
the requirements described in subclauses (I)
through (VI) of such clause, not later than
December 31, 2018, the Secretary shall withdraw
approval of any indication claims described in
paragraph (1)(C) for which the Secretary
determines the evidence is insufficient and, as
necessary, issue a revised label approval.
``(B) Withdrawal of claims.--On or before January
1, 2018, the sponsor of a drug described in paragraph
(1) may request the approval of the Secretary to remove
any label claim described in paragraph (1)(C), and the
Secretary shall approve any such request and, as
necessary, issue a revised label. The sponsor shall not
be required to submit the evidence required under
subparagraph (A)(i) with respect to any claim so
withdrawn.
``(3) Exemptions.--In the case of a drug that is a
medically important antimicrobial for which the Secretary
grants an exemption under section 505(i), the withdrawal of
indication claims in a food-producing animal in accordance with
paragraph (2)(B) shall be effective on the date that is 2 years
after the date on which the Secretary grants the exemption,
unless, not later than 2 years after the date on which the
Secretary grants the exemption, the Secretary provides a
written determination of intent to extend the exemption.
``(4) Definition.--In this subsection, the term `medically
important antimicrobial' means a drug that--
``(A) is intended for use in food-producing
animals; and
``(B) is composed wholly or partly of--
``(i) any kind of penicillin, tetracycline,
macrolide, lincosamide, streptogramin,
aminoglycoside, sulfonamide, cephalosporin, or
fluoroquinolone; or
``(ii) a drug from an antimicrobial class
that is listed as `highly important',
`critically important', or `important' by the
World Health Organization in the latest edition
of its publication entitled `Critically
Important Antimicrobials for Human Medicine'
(or a successor publication).''.
SEC. 4. SENSE OF THE SENATE REGARDING VETERINARY OVERSIGHT OF USE OF
MEDICALLY IMPORTANT ANTIMICROBIALS.
(a) In General.--It is the sense of the Senate that a valid
veterinarian-client-patient relationship should exist to ensure that
medically important antimicrobials are used in food-producing animals
in a manner that is consistent with professionally accepted best
practices.
(b) Veterinarian-Client-Patient Relationship.--In this section, the
term ``veterinarian-client-patient relationship'' means a relationship
in which all of the following criteria are met:
(1) The veterinarian has assumed the responsibility for
making medical judgments regarding the health of the patient
and the client has agreed to follow the veterinarian's
instructions.
(2) The veterinarian has sufficient knowledge of the
patient to initiate at least a general or preliminary diagnosis
of the medical condition of the patient. This means that the
veterinarian is personally acquainted with the keeping and care
of the patient by virtue of--
(A) a timely examination of the patient by the
veterinarian; or
(B) medically appropriate and timely visits by the
veterinarian to the premises where the animal or
animals are kept.
(3) The veterinarian is readily available for follow-up
evaluation or has arranged for veterinary emergency coverage
and continuing care and treatment.
(4) The veterinarian provides oversight of treatment,
compliance, and outcome.
(5) Patient records are maintained. | Preventing Antibiotic Resistance Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to refuse a new animal drug application if the drug is a medically important antimicrobial (used to treat humans) and the applicant fails to demonstrate that the drug meets specified criteria for use in animals, including that: (1) the drug is effective, (2) the drug is targeted to animals at risk of developing a specific bacterial disease, (3) the drug has a defined duration of therapy, and (4) there is reasonable certainty of no harm to human health from microbial resistance to the drug. Sponsors of certain medically important antimicrobials already approved for use in food-producing animals must submit evidence to the FDA that demonstrates that their drug meets the criteria described above for approved indications. The FDA must withdraw approval for any indication for which the FDA determines there is insufficient evidence that the drug meets the criteria. This bill expresses the sense of the Senate that a veterinarian-client-patient relationship should ensure that medically important antimicrobials are used in food-producing animals in a manner consistent with best practices. | Preventing Antibiotic Resistance Act of 2015 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forward Looking
Investment in General Aviation, Hangars, and Tarmacs Act of 2017'' or
the ``FLIGHT Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. General aviation airport entitlement reform.
Sec. 3. Extending aviation development streamlining.
Sec. 4. Establishment of public private-partnership program at general
aviation airports.
Sec. 5. Disaster relief airports.
Sec. 6. Airport development relating to disaster relief.
Sec. 7. Inclusion of covered aircraft construction in definition of
aeronautical activity for purposes of
airport improvement grants.
SEC. 2. GENERAL AVIATION AIRPORT ENTITLEMENT REFORM.
(a) Apportionment.--Section 47114(d)(3) of title 49, United States
Code, is amended--
(1) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(2) by inserting before subparagraph (B), as redesignated
by paragraph (1), the following:
``(A) Not less than 4 percent to airports
designated as disaster relief airports under section
47145 to enhance the ability of such airports to aid in
disaster relief, including through funding for airport
development described in section 47102(3)(P).''.
(b) Period of Availability.--Section 47117(b) of such title is
amended by striking ``3'' and inserting ``4''.
(c) United States Share of Project Costs.--Section 47109 of such
title is amended by adding at the end the following:
``(g) General Aviation Airports.--The Government's share of
allowable project costs may be increased by the Administrator of the
Federal Aviation Administration to 95 percent for a project--
``(1) at an airport that is not a primary airport if the
Administrator determines that the project will increase safety
or security at that airport; or
``(2) at an airport that is categorized as a basic or
unclassified airport in the report of the Federal Aviation
Administration entitled `General Aviation Airports: A National
Asset' and dated May 2012.''.
(d) Use of Apportioned Amounts.--Section 47117(e)(1) of such title
is amended by adding at the end the following:
``(D) All amounts subject to apportionment for a fiscal
year that are not apportioned under section 47114(d), for
grants to sponsors of general aviation airports, reliever
airports, or nonprimary commercial service airports.''.
SEC. 3. EXTENDING AVIATION DEVELOPMENT STREAMLINING.
(a) In General.--Section 47171 of title 49, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``general aviation airport construction or
improvement projects,'' after ``congested airports,'';
(2) in subsection (b)--
(A) by redesignating paragraph (2) as paragraph
(3); and
(B) by inserting after paragraph (1) the following:
``(2) General aviation airport construction or improvement
project.--A general aviation airport construction or
improvement project shall be subject to the coordinated and
expedited environmental review process requirements set forth
in this section.'';
(3) in subsection (c)(1), by striking ``(b)(2)'' and
inserting ``(b)(3)'';
(4) in subsection (d), by striking ``(b)(2)'' and inserting
``(b)(3)'';
(5) in subsection (h), by striking ``(b)(2)'' and inserting
``(b)(3)''; and
(6) in subsection (k), by striking ``(b)(2)'' and inserting
``(b)(3)''.
(b) Definitions.--Section 47175 of such title is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), and (5)
as paragraphs (2), (5), (1), (3), and (4), respectively, and by
rearranging such paragraphs so that they appear in numerical
order;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) General aviation airport construction or improvement
project.--The term `general aviation airport construction or
improvement project' means--
``(A) a project for the construction or extension
of a runway, including any land acquisition, taxiway,
safety area, apron, or navigational aids associated
with the runway or runway extension, at a general
aviation airport, a reliever airport, or a commercial
service airport that is not a primary airport (as such
terms are defined in section 47102); and
``(B) any other airport development project that
the Secretary designates as facilitating aviation
capacity building projects at a general aviation
airport.''.
SEC. 4. ESTABLISHMENT OF PUBLIC PRIVATE-PARTNERSHIP PROGRAM AT GENERAL
AVIATION AIRPORTS.
(a) In General.--Chapter 481 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 48115. General aviation public-private partnership program
``(a) Small Airport Public-Private Partnership Program.--The
Secretary of Transportation shall establish a program that meets the
requirements under this section for improving facilities at--
``(1) general aviation airports; and
``(2) privately owned airports used or intended to be used
for public purposes that do not have scheduled air service.
``(b) Application Required.--The operator or sponsor of an airport,
or the community in which an airport is located, seeking, on behalf of
the airport, to participate in the program established under subsection
(a) shall submit an application to the Secretary in such form, at such
time, and containing such information as the Secretary may require,
including--
``(1) an assessment of the needs of the airport for
additional or improved hangars, airport businesses, or other
facilities;
``(2) the ability of the airport to leverage private sector
investments on the airport or develop public-private
partnerships to build or improve facilities at the airport; and
``(3) if the application is submitted by a community,
evidence that the airport supports the application.
``(c) Limitation.--
``(1) State limit.--Not more than 4 airports in the same
State may be selected to participate in the program established
under subsection (a) in any fiscal year.
``(2) Dollar amount limit.--Not more than $500,000 shall be
made available for any airport in any fiscal year under the
program established under subsection (a).
``(d) Priorities.--In selecting airports for participation in the
program established under subsection (a), the Secretary shall give
priority to airports at which--
``(1) the operator or sponsor of the airport, or the
community in which the airport is located--
``(A) will provide a portion of the cost of the
project for which assistance is sought under the
program from local sources;
``(B) will employ best business practices in
developing or implementing a public-private
partnership; or
``(C) has established, or will establish, a public-
private partnership to build or improve facilities at
the airport; or
``(2) the assistance will be used in a timely fashion.
``(e) Types of Assistance.--The Secretary may use amounts made
available under this section--
``(1) to provide assistance to market an airport to private
entities or individuals in order to leverage private sector
investments or develop public-private partnerships for the
purposes of building or improving hangars, businesses, or other
facilities at the airport;
``(2) to fund studies that consider what measures an
airport should take to attract private sector investment at the
airport; or
``(3) to participate in a partnership described in
paragraph (1) or an investment described in paragraph (2).
``(f) Authority To Make Agreements.--The Secretary may enter into
agreements with airports and entities entering into partnerships with
airports under this section to provide assistance under this section.
``(g) Availability of Amounts From Airport and Airway Trust Fund.--
``(1) In general.--There is authorized to be appropriated,
out of the Airport and Airway Trust Fund established under
section 9502 of the Internal Revenue Code of 1986, $5,000,000
for each of the fiscal years 2018 through 2022 to carry out
this section.
``(2) Availability.--Amounts appropriated pursuant to
paragraph (1)--
``(A) shall remain available until expended; and
``(B) shall be in addition to any amounts made
available pursuant to section 48103.''.
(b) Clerical Amendment.--The analysis for chapter 481 of such title
is amended by adding at the end the following:
``48115. General aviation public-private partnership program.''.
(c) Expenditure Authority From Airport and Airway Trust Fund.--
Section 9502(d)(1)(A) of the Internal Revenue Code of 1986 is amended
by inserting ``or the FLIGHT Act of 2017'' before the semicolon at the
end.
SEC. 5. DISASTER RELIEF AIRPORTS.
(a) Designation of Disaster Relief Airports.--Subchapter I of
chapter 471 of title 49, United States Code, is amended by adding at
the end the following:
``Sec. 47145. Disaster relief airports
``(a) Designation.--
``(1) In general.--The Secretary of Transportation shall
designate as a disaster relief airport an airport that--
``(A) is categorized as a regional reliever airport
in the report issued by the Federal Aviation
Administration entitled `National Plan of Integrated
Airport Systems (NPIAS) 2017-2021';
``(B) is within a reasonable distance, as
determined by the Secretary, of a hospital or
transplant or trauma center;
``(C) is in a region that the Secretary determines
under subsection (b) is prone to natural disasters;
``(D) has at least one paved runway with not less
than 3,400 feet of useable length capable of supporting
aircraft up to 12,500 pounds;
``(E) has aircraft maintenance or servicing
facilities at the airport able to provide aircraft
fueling and light maintenance services; and
``(F) has adequate taxiway and ramp space to
accommodate single engine or light multi-engine
aircraft simultaneously for loading and unloading of
supplies.
``(2) Designation in states without qualifying airports.--
If fewer than 3 airports described in paragraph (1) are located
in a State, the Secretary, in consultation with aviation
officials of that State, shall designate not more than 3
general aviation airports in that State as a disaster relief
airport under this section.
``(b) Prone to Natural Disasters.--
``(1) In general.--For the purposes of subsection
(a)(1)(C), a region is prone to natural disasters if--
``(A) in the case of earthquakes, there is not less
than a 50 percent probability that an earthquake of
magnitude 6 or above will occur in the region within 30
years, according to the United States Geological
Survey; and
``(B) in the case of other types of natural
disasters, the President has declared more than 5 major
disasters in the region under section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170), according to the most recent map
of the Federal Emergency Management Agency.
``(2) Natural disaster defined.--For the purposes of this
section, the term `natural disaster' includes any hurricane,
tornado, severe storm, high water, wind-driven water, tidal
wave, tsunami, earthquake, volcanic eruption, landslide,
mudslide, snowstorm, drought, or wildfire.
``(c) Requirements.--
``(1) Operation and maintenance.--
``(A) In general.--A disaster relief airport and
the facilities and fixed-based operators on or
connected with the airport shall be operated and
maintained in a manner the Secretary consider suitable
for disaster relief.
``(B) Exclusion.--A disaster relief airport shall
not be considered to be in violation of subparagraph
(A) if a runway is unuseable because the runway is
under scheduled maintenance or is in need of necessary
repairs.
``(2) Compliance with assurances on airport operations.--A
disaster relief airport shall comply with the provisions of
section 47107 without regard whether the airport has received a
project grant under this subchapter.
``(3) Natural disaster management plan.--A disaster relief
airport shall develop an emergency natural disaster management
plan in coordination with local emergency response teams and
first responders.
``(d) Civil Penalty.--A public agency that knowingly violates this
section shall be liable to the United States Government for a civil
penalty of not more than $10,000 for each day of the violation.
``(e) Consideration for Project Grants.--The Secretary shall give
consideration to the role an airport plays in disaster relief when
determining whether to provide a grant for the airport under this
subchapter.
``(f) Applicability of Other Laws.--This section shall apply
notwithstanding any other law, rule, regulation, or agreement.''.
(b) Clerical Amendment.--The analysis for chapter 471 of such title
is amended by inserting after the item relating to section 47144 the
following:
``47145. Disaster relief airports.''.
SEC. 6. AIRPORT DEVELOPMENT RELATING TO DISASTER RELIEF.
Section 47102(3) of title 49, United States Code, is amended by
adding at the end the following:
``(P) planning, acquiring, or constructing
facilities at an airport designated as a disaster
relief airport under section 47145, including--
``(i) planning for disaster preparedness
associated with maintaining airport operations
during a natural disaster;
``(ii) acquiring airport communication
equipment and fixed emergency generators that
are not able to be acquired by programs funded
under the Department of Homeland Security; and
``(iii) constructing, expanding, and
improving airfield infrastructure to include
aprons and terminal buildings the Secretary
determines will facilitate disaster response at
the airport.''.
SEC. 7. INCLUSION OF COVERED AIRCRAFT CONSTRUCTION IN DEFINITION OF
AERONAUTICAL ACTIVITY FOR PURPOSES OF AIRPORT IMPROVEMENT
GRANTS.
Section 47107 of title 49, United States Code, is amended by adding
at the end the following:
``(u) Construction of Recreational Aircraft.--
``(1) In general.--The construction of a covered aircraft
shall be treated as an aeronautical activity for purposes of--
``(A) determining an airport's compliance with a
grant assurance made under this section or any other
provision of law; and
``(B) the receipt of Federal financial assistance
for airport development.
``(2) Covered aircraft defined.--In this subsection, the
term `covered aircraft' means an aircraft--
``(A) used or intended to be used exclusively for
recreational purposes; and
``(B) constructed or under construction, repair, or
restoration by a private individual at a general
aviation airport.''. | Forward Looking Investment in General Aviation, Hangars, and Tarmacs Act of 2017 or the FLIGHT Act of 2017 This bill revises general aviation apportionments by: (1) providing at least 4% of entitlement funding to airports designated as disaster relief airports, (2) increasing the period of availability of apportioned funds, (3) increasing the federal government's share of project costs for certain airports to 95%, and (4) allowing the use of non apportioned funds for general aviation airport grants. DOT shall: (1) implement an expedited and coordinated environmental review process for general aviation airport construction or improvement projects; and (2) establish a public-private partnership program for building or improving hangars, businesses, or other facilities at general aviation airports and privately owned airports for public use that do not have scheduled air service. The bill requires DOT to designate certain airports as disaster relief airports, including regional reliever airports, airports within a reasonable distance of a hospital or transplant or trauma center, or airports in a region prone to natural disasters. The bill treats the construction of certain aircraft used exclusively for recreational purposes as an "aeronautical activity" for purposes of airport improvement grants. | Forward Looking Investment in General Aviation, Hangars, and Tarmacs Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Contracting Clarity
Act of 2015''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) Native Hawaiians make up an economically disadvantaged
group.
(2) According to statistics from 2013, in the United
States--
(A) only 1 in 5 Native Hawaiians had attained a
bachelor's degree or higher (20.5 percent), which is
lower than percentage nationally (29.1 percent), the
percentage for Whites (32.5 percent), and the
percentage for Asians (50.7 percent);
(B) the unemployment rate of Native Hawaiians (7.5
percent) was higher than the national unemployment rate
(5.9 percent);
(C) Native Hawaiians remained underrepresented in
management, business, sciences and arts occupations
(28.4 percent) in comparison to the national level or
representation (36.2 percent);
(D) the average earnings of a Native Hawaiian
household ($70,686) was lower than the national average
($74,657);
(E) the percentage of Native Hawaiian households
receiving benefits from the supplemental nutrition
assistance program (18.8 percent) was higher than the
national percentage (13.4 percent);
(F) the poverty rate of Native Hawaiian families
(13.2 percent) remains higher than the national rate
(11.7 percent); and
(G) approximately 34 percent of Native Hawaiian
households surveyed did not have a savings account, in
comparison to 29.5 percent of all households surveyed.
(3) In 2001, the Department of the Treasury found that
Native Hawaiians living on Hawaiian Home Lands (as defined in
section 247(d)(2) of the National Housing Act (12 U.S.C. 1715z-
12(d)(2))) face significant barriers to capital access, credit,
and basic financial services.
(4) The United States as a whole will benefit from policies
that assist Native Hawaiians in economic equality.
(5) Participation in the free enterprise system is
essential to gain economic equality and self-sufficiency for
Native Hawaiians.
(6) Government procurement from Native Hawaiian
Organizations (as defined in section 8(a)(15) of the Small
Business Act (15 U.S.C. 637(a)(15))) offers a way for Native
Hawaiians to participate in our free enterprise system by
providing goods and services, revenue, and jobs for Native
Hawaiians.
(7) Consistent promotion of and Federal assistance for
Native Hawaiian Organizations will guarantee that Native
Hawaiians gain and maintain economic equality.
(b) Sense of Congress.--It is the sense of Congress that it is in
the best interests of the United States to consistently promote and
assist Native Hawaiian Organizations.
SEC. 3. SMALL BUSINESS CONFORMITY.
(a) HUBZone Eligibility.--
(1) In general.--Section 3(p)(3) of the Small Business Act
(15 U.S.C. 632(p)(3)) is amended--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) a small business concern--
``(i) that is wholly owned by one or more
Native Hawaiian Organizations (as defined in
section 8(a)(15)), or by a corporation that is
wholly owned by one or more Native Hawaiian
Organizations; or
``(ii) that is owned in part by one or more
Native Hawaiian Organizations, or by a
corporation that is wholly owned by one or more
Native Hawaiian Organizations, if all other
owners are either United States citizens or
small business concerns;''.
(2) Conforming amendment.--Section 3(p)(5)(A)(i)(I)(aa) of
the Small Business Act (15 U.S.C. 632(p)(5)(A)(i)(I)(aa)) is
amended by striking ``subparagraph (A), (B), (C), (D), or (E)
of paragraph (3)'' and inserting ``subparagraph (A), (B), (C),
(D), (E) or (F) of paragraph (3)''.
(b) 8(a) Program.--
(1) In general.--Section 8(a)(6)(A) of the Small Business
Act (15 U.S.C. 637(a)(6)(A)) is amended by adding at the end
the following new sentence: ``Native Hawaiian Organizations (as
defined in paragraph (15)) shall be deemed to be economically
disadvantaged for the purposes of this subsection.''.
(2) Applicability.--The amendment made by this subsection
shall take effect on the date of enactment of this Act and
apply to determinations of economic disadvantage made before,
on, or after the date of enactment of this Act. | Small Business Contracting Clarity Act of 2015 This bill expresses the sense of Congress that it is in the best interests of the United States to consistently promote and assist Native Hawaiian Organizations, which are deemed to be economically disadvantaged for purposes of Small Business Administration (SBA) procurement contract requirements. The Small Business Act is amended to designate these Organizations as HUBZone (historically underutilized business zone) small businesses for purposes of SBA assistance. | Small Business Contracting Clarity Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rogue River National Forest
Interchange Act of 1998''.
SEC. 2. LAND TRANSFERS INVOLVING PUBLIC DOMAIN LANDS AND NATIONAL
FOREST SYSTEM LANDS IN THE STATE OF OREGON.
(a) Transfer From Public Domain to National Forest.--
(1) Land transfer.--The public domain lands depicted on the
map entitled ``__________'' and dated __________, consisting of
approximately 2,058.35 acres within the external boundaries of
the Rogue River National Forest in the State of Oregon (in this
section referred to as the ``National Forest'') are hereby
added to and made a part of the National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the public domain lands described in
paragraph (1) is hereby transferred from the Secretary of the
Interior to the Secretary of Agriculture. Subject to valid
existing rights, the Secretary of Agriculture shall administer
such lands as part of the National Forest under the laws,
rules, and regulations applicable to the National Forest.
(b) Transfer From National Forest to Public Domain.--
(1) Land transfer.--The Federal lands depicted on the map
entitled ``__________'' and dated __________, consisting of
approximately 1,555.15 acres within the external boundaries of
the National Forest, are hereby transferred to unreserved
public domain status, and the reservation of such lands as part
of the National Forest is hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands under
the laws, rules, and regulations applicable to unreserved
public domain lands.
(c) Restoration of Status of Certain National Forest Lands as
Revested Railroad Grant Lands.--
(1) Restoration of earlier status.--The Federal lands
depicted on the map enti- tled ``__________'' and dated
__________, consisting of approximately 4,298.00 acres within
the external boundaries of the National Forest, are hereby
restored to the status of revested Oregon and California
railroad grant lands, and the reservation of such lands as part
of the National Forest is hereby revoked.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of Agriculture to the
Secretary of the Interior. Subject to valid existing rights,
the Secretary of the Interior shall administer such lands under
the Act of August 28, 1937 (43 U.S.C. 1181a et seq.), and other
laws, rules, and regulations applicable to revested Oregon and
California railroad grant lands under the administrative
jurisdiction of the Secretary of the Interior.
(d) Addition of Certain Revested Railroad Grant Lands to National
Forest.--
(1) Land transfer.--The revested Oregon and California
railroad grant lands depicted on the map entitled
``__________'' and dated __________, consisting of
approximately 959.67 acres within the external boundaries of
the National Forest, are hereby added to and made a part of the
National Forest.
(2) Administrative jurisdiction.--Administrative
jurisdiction over the lands described in paragraph (1) is
hereby transferred from the Secretary of the Interior to the
Secretary of Agriculture. Subject to valid existing rights, the
Secretary of Agriculture shall administer such lands as part of
the National Forest under the laws, rules, and regulations
applicable to the National Forest; except that, with respect to
the management of timber resources on such lands and the
disposition of revenues derived from such lands and resources
on such lands, the Secretary of Agriculture shall manage such
lands under the Act of August 28, 1937 (43 U.S.C. 1181a et
seq.).
(e) Miscellaneous Requirements.--As soon as practicable after the
date of the enactment of this Act, the Secretary of the Interior and
the Secretary of Agriculture shall revise the public land records
relating to the lands transferred under this section to reflect the
administrative, boundary, and other changes made by this section. The
Secretaries shall publish in the Federal Register appropriate notice to
the public of the changes in administrative jurisdiction made by this
section with regard to lands described in this section. | Rogue River National Forest Interchange Act of 1998 - Provides for the transfer of specified lands in the Rogue River National Forest System, Oregon, from public domain status to the National Forest and others from the National Forest to public domain status.
Restores the status of certain revested Oregon and California railroad grant lands and revokes the reservation of such lands as part of the National Forest. Adds certain other revested railroad grant lands to such Forest. | Rogue River National Forest Interchange Act of 1998 |
SECTION 1. EQUAL USE OF INCOME WITHHOLDING FOR UNEMPLOYMENT INSURANCE
BENEFITS.
(a) Disclosure of Wage Information to Persons Other Than the Title
IV-D Agency.--Section 303(e)(1) of the Social Security Act (42 U.S.C.
503(e)(1)) is amended--
(1) in subparagraph (A), by inserting ``, or to any other
individual or person enforcing child support obligations,''
after ``enforcement agency''; and
(2) in the second sentence--
(A) by striking ``only''; and
(B) by inserting ``and which are being enforced by
an individual or person other than the State or local
child support enforcement agency'' before the period.
(b) Authority To Withhold in the Case of Non-Title IV-D
Enforcement.--Section 303(e)(2)(A) of the Social Security Act (42
U.S.C. 503(e)(2)(A)) is amended--
(1) in clause (i), by inserting ``and the identity and
location of the agency, individual, or person enforcing the
obligations, to the extent known'' before the comma;
(2) in clause (ii), by inserting ``or the individual or
person'' after ``agency'';
(3) in clause (iii)(III)--
(A) by striking ``462(e)'' and inserting
``459(i)(5)''; and
(B) by striking ``and'' at the end;
(4) in clause (iv), by striking the period and inserting
``or individual or person disclosed under clause (i); and'';
and
(5) in the matter following clause (iv)--
(A) by inserting ``or to the individual or person
disclosed under clause (i) through legal process (as
defined in section 459(i)(5))'' after ``agency''; and
(B) by striking ``his'' and inserting ``the
individual's''.
(c) Fees.--Section 303(e)(2) of the Social Security Act (42 U.S.C.
503(e)(2)) is amended by adding at the end the following:
``(D) The State agency charged with the administration of the State
law may require payment, not to exceed $5.00 per calendar month, for
the administrative costs incurred by the agency under this paragraph
for any child support obligations enforced pursuant to subparagraph (A)
which are attributable to child support obligations that are enforced
by an individual or person other than a State or local child support
enforcement agency.''.
SEC. 2. COMPREHENSIVE COORDINATION WITH OTHER ENFORCEMENT EFFORTS.
(a) Secretarial Responsibilities.--
(1) In general.--Section 452 of the Social Security Act (42
U.S.C. 652), as amended by the Child Support Performance and
Incentive Act of 1998 (Public Law 105-200) is amended by adding
at the end the following:
``(m) Coordination With Other Enforcement Activities.--
``(1) In general.--The Secretary shall seek and promote, to
the extent consistent with this part, the enforcement of child
support obligations through activities conducted by a private
attorney or a public entity not providing services pursuant to
a State plan under this part in order to ensure the fullest
practicable utilization of available enforcement resources not
requiring Federal financial support.
``(2) Access to enforcement remedies and resources.--The
Secretary shall provide, to the maximum extent feasible and for
the sole purpose of establishing paternity and establishing,
modifying, and enforcing support obligations, access through
the State agency providing child support enforcement services
under this part to the following procedures, remedies, and
information to a State or local governmental enforcement agency
not providing enforcement services under a plan approved under
this part and to any private attorney that is registered with
the Secretary under this section, and without the requirement
of an application for services pursuant to section
454(4)(A)(ii) and subject to such reasonable fees as the
Secretary may prescribe:
``(A) The collection of past-due child support from
Federal income tax refunds pursuant to section 464,
subject to such regulations governing the time,
content, and form of requests for such collection as
are issued by the Secretary of the Treasury, and
approved by the Secretary.
``(B) The collection of overdue child support from
State income tax refunds pursuant to section 466(a)(3).
``(C) The denial, revocation, or limitation of
passports for overdue child support pursuant to section
452(k).
``(D) The reporting to consumer credit bureaus of
noncustodial parents who are delinquent in the payment
of child support and the amount of overdue support
pursuant to section 466(a)(7).
``(E) Financial institution data matches and the
enforcement of past-due support pursuant to section
466(a)(17).
``(F) In addition to all information authorized to
be disclosed to an authorized person under section
453(a)(2), pertinent case information, including
information comparisons under section 453(j),
maintained in components of the Federal Parent Locator
Service under section 453 and information reported by
employers pursuant to section 453A(b), subject to
section 6103 of the Internal Revenue Code of 1986
(relating to the confidentiality of Federal income tax
returns and return information) and other Federal
requirements applicable to the confidentiality of
information and the protection of privacy rights.
``(3) Registration with the secretary of a public
enforcement agency or a private attorney.--
``(A) In general.--For the purposes of this
subsection, the Secretary shall develop a form and
procedures, including the charging of a reasonable fee,
for the registration of a public child support
enforcement agency not providing services under this
part or of a private attorney. The form established
under this subparagraph shall require--
``(i) the disclosure of the legal name and
address of the public agency or of the law
offices of the attorney or other entity for
which the attorney provides legal services,
that provides enforcement of child support
obligations;
``(ii) the length of time the public agency
or the attorney or the entity for which the
attorney provides legal services in the
enforcement of child support, has provided such
enforcement services;
``(iii) the nature of the child support
enforcement services provided by the public
agency or by the attorney or entity for which
the attorney provides legal services in the
enforcement of child support;
``(iv) the amount of fees and other costs
charged a client for such services; and
``(v) evidence of any bond or other
assurance of client funds security.
``(B) Registration numbers.--Upon receiving a
completed and sworn registration form under this
paragraph, the Secretary shall assign a registration
number to the registering agency or attorney. The
Secretary shall provide registration information,
including the assigned registration number for a public
agency or private attorney, to each State agency
operating an enforcement program under an approved plan
under this part and, upon request and payment of a
reasonable fee, to any other entity or individual.
``(4) Penalties.--In addition to any other penalties
provided under Federal or State law, with respect to any public
agency or private attorney registered with the Secretary under
this subsection that knowingly and intentionally uses for
purposes other than establishing paternity, or establishing,
modifying, or enforcing child support obligations any
information made available under this subsection to such agency
or attorney, the Secretary may impose either or both of the
following penalties:
``(A) An administrative fine not to exceed $1,000.
``(B) The revocation of the agency's or the
attorney's registration under this subsection, with
appropriate notice to State enforcement agencies
providing services under this part and to disciplinary
bodies of the State in which the attorney is licensed
to practice law.''.
(b) Conforming Amendments.--
(1) Section 453(c)(1) of the Social Security Act (42 U.S.C.
653(c)(1)) is amended by inserting ``and any agent or attorney
of any public child support enforcement agency not providing services
under a plan approved under this part or of a private attorney
registered with the Secretary pursuant to section 452(l)'' before the
semicolon.
(2) Section 453(j) of such Act (42 U.S.C. 653(j)) is
amended by adding at the end the following:
``(6) Release of information.--The Secretary shall share
pertinent information maintained in each component of the
Federal Parent Locator Service under this section and
information reported by employers pursuant to section 453A(b)
on any case or order with a public enforcement agency not
providing services under this part or with a private attorney
that is registered with the Secretary under section 452(l) and
that has submitted a request for such information through a
State agency providing services under this part in a manner
prescribed by the Secretary, subject to section 6103 of the
Internal Revenue Code of 1986 (relating to the confidentiality
of Federal income tax returns and return information) and other
Federal requirements applicable to the confidentiality of
information and the protection of privacy rights.''.
(3) Section 453A(h)(1) of the Social Security Act (42
U.S.C. 653(h)(1)) is amended by inserting ``or, upon payment of
a reasonable fee not to exceed actual administrative costs, to
any person or entity authorized to receive such information
under section 452(l)(2)(F)'' before the period.
SEC. 3. EXPEDITIOUS PAYMENT OF SUPPORT COLLECTIONS.
(a) State Plan Requirements.--Section 454(11) of the Social
Security Act (42 U.S.C. 654(11)) is amended in subparagraph (B) by
inserting ``at the address (including a financial institution for
electronic transfer or direct deposit of funds) and in care of the
individual or entity last specified for receipt of such payment by any
individual legally able to so specify'' before the semicolon.
(b) State Law Requirements.--Section 466(a) of the Social Security
Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (19) the
following:
``(20) Payment of support collections.--Procedures under
which any payment of child support due a family which is
received by an instrumentality of or a political subdivision of
the State, or by an entity acting under authority of such an
instrumentality or political subdivision, shall be paid on
behalf of the individual entitled to such support at the
address (including a financial institution for electronic
transfer or direct deposit of funds) and in care of the
individual or entity last specified for receipt of such payment
by any individual legally able to so specify, without regard to
whether the child support obligation is being enforced under a
State plan approved under this part.''.
(c) Conforming Amendment.--Section 454B of the Social Security Act
(42 U.S.C. 654B) is amended by adding the following:
``(e) Redirection of Disbursements.--The State disbursement unit
shall redirect and forward any portion due a family of a support
payment to any address (including a financial institution for the
electronic transfer or direct deposit of funds) and in care of any
person or entity last specified for receipt of such payment by any
individual legally able to so specify on behalf of the person entitled
to such support.''. | Amends title III (Unemployment Insurance) of the Social Security Act (SSA) to set as a prerequisite to certification for Federal payments that the State agency charged with administration of State law: (1) disclose the wage information contained in its records upon the request of any child support enforcement entity; and (2) require each new applicant for unemployment compensation to disclose the identity and location of the entity enforcing such applicant's child support obligations. Authorizes such State agency to require payments for its administrative costs incurred for child support obligations enforced by an entity other than a state or local child support enforcement agency.
(Sec. 2) Amends SSA title IV part D (title IV-D) (Child Support and Establishment of Paternity) to direct the Secretary of Health and Human Services to: (1) promote enforcement of child support obligations through activities conducted by either a private attorney or a public entity not providing services under a title IV-D plan; (2) provide access to specified enforcement remedies and resources to a State or local governmental enforcement agency not providing title IV-D enforcement services (including certain registered private attorneys); and (3) develop registration procedures for non-title IV-D public child support enforcement agencies, and for private attorneys.
(Sec. 3) Requires State plans for child and spousal support to prescribe procedures for electronic transfer or direct deposit of funds at the financial institution of the individual entitled to receive payment of child support collections or the individual's designee, without regard to whether the child support obligation is being enforced under a title IV-D plan. | A bill to expand child support enforcement through means other than programs financed at Federal expense. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Truthfulness,
Responsibility, and Accountability in Contracting Act of 2000''.
(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. Certification of compliance.
Sec. 4. Agency reporting systems and required reports.
Sec. 5. Requirement for public-private competition.
Sec. 6. Review of contractor performance.
Sec. 7. Survey of wages and benefits provided by contractors.
Sec. 8. Comptroller General reports.
Sec. 9. Applicability.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``employee'' means any individual employed--
(A) as a civilian in a military department (as
defined in section 102 of title 5, United States Code);
(B) in an Executive agency (as defined in section
105 of title 5, United States Code), including an
employee who is paid from nonappropriated funds;
(C) in those units of the legislative and judicial
branches of the Federal Government having positions in
the competitive service;
(D) in the Library of Congress;
(E) in the Government Printing Office; or
(F) by the Governors of the Federal Reserve System.
(2) The term ``agency'' means any department, agency,
bureau, commission, activity, or organization of the United
States, that employs an employee (as defined in paragraph (1)).
(3) The term ``non-Federal personnel'' means employed
individuals who are not employees, as defined in paragraph (1).
(4) The term ``contractor'' means an individual or entity
that performs a function for an agency under a contract with
non-Federal personnel.
(5) The term ``privatization'' means the action by an
agency to exit a business line, terminate an activity, or sell
Government owned assets or operational capabilities to the non-
Federal sector.
(6) The term ``outsourcing'' means the action by an agency
to acquire services from external sources, either from a non-
Federal source or through interservice support agreements,
through a contract.
(7) The term ``contracting out'' means the conversion by an
agency of the performance of a function to performance by non-
Federal personnel under a contract between an agency and an
individual or other entity.
(8) The term ``contracting in'' is the conversion of the
performance of a function by non-Federal personnel under a
contract between an agency and an individual or other entity to
the performance by employees.
(9) The term ``contracting'' means--
(A) the performance of a function by non-Federal
personnel under a contract between an agency and an
individual or another entity; and
(B) includes privatization, outsourcing,
contracting out, and contracting in, unless otherwise
specifically provided.
SEC. 3. CERTIFICATION OF COMPLIANCE.
(a) Requirements for Heads of Agencies.--(1) The head of each
agency shall, not later than 180 days after the date of the enactment
of this Act, submit to the Director of the Office of Management and
Budget a certification that--
(A) the agency has established a centralized reporting
system in accordance with section 4;
(B) in the case of each function of the agency that is
being performed under contracting, the contracting function
decision was based on a public-private competition described
under section 5;
(C) the agency is not managing Federal employees by any
arbitrary limitations in accordance with sections 5 and 6; and
(D) the agency is reviewing work performed by contractors,
recompeting or contracting in work when appropriate, and
subjecting to public-private competition an equivalent number
of Federal employee and contractor positions in accordance with
section 6.
(2) The Director of the Office of Management and Budget shall--
(A) promptly after receiving certifications under paragraph
(1)(B), publish in the Federal Register notices of the
availability of the certifications to the public, including the
names, addresses, and telephone numbers of the officials from
whom the certifications can be obtained; and
(B) ensure that, after the removal of proprietary
information, the head of each agency makes the certifications
of that agency available to the public--
(i) upon request; and
(ii) on the World Wide Web.
(b) Suspension of Contracting for Services Pending Satisfaction of
Certification Requirement.--(1) Beginning 180 days after the date of
the enactment of this Act, the head of an agency may not enter into any
contract for the performance of services until the Director of the
Office of Management and Budget, after reviewing the certification
required under subsection (a)(1), determines that the agency is making
substantial progress toward meeting the requirements under subsection
(a)(1) (A), (B), (C), and (D).
(2) If an agency head is prohibited from entering into a contract
after a determination is made under paragraph (1), that agency head may
subsequently request another determination from the Director of the
Office of Management and Budget under that paragraph.
(3) The Director of the Office of Management and Budget shall--
(A) promptly after making a determination as to whether an
agency is making substantial progress under paragraph (1),
publish that determination in the Federal Register; and
(B) make that determination available to the public--
(i) upon request; and
(ii) on the World Wide Web.
(c) Waiver of Suspension.--(1) The Director of the Office of
Management and Budget may waive the applicability of this section to a
contract for services if the Director determines that it is necessary
to do so in the interest of the national security, extraordinary
economic harm, or patient care.
(2) After granting any waiver under this subsection, the Director
of the Office of Management and Budget shall promptly publish a notice
of that waiver in the Federal Register that--
(A) identifies the facilities, units, or activities
affected;
(B) explains the justification for the waiver; and
(C) identifies the duration of the waiver.
(d) GAO Monitoring.--While an agency is operating under a
suspension of contracting authority under subsection (b), the
Comptroller General shall--
(1) monitor the agency's compliance with the requirements
of this Act; and
(2) submit to Congress, every 60 days, a report on the
extent of the agency's compliance with such requirements.
SEC. 4. AGENCY REPORTING SYSTEMS AND REQUIRED REPORTS.
(a) Centralized Reporting System.--Not later than 180 days after
the date of the enactment of this Act, each agency shall establish a
centralized reporting system in accordance with guidance promulgated by
the Office of Management and Budget that allows the agency to generate
periodic reports on the contracting efforts of the agency. Such
centralized reporting system shall be designed to enable the agency to
generate reports on efforts regarding both contracting out and
contracting in.
(b) Reports on Contracting Efforts.--(1) Not later than 180 days
after the date of the enactment of this Act, every agency shall
generate and submit to the Director of the Office of Management and
Budget a report on the contracting efforts of the agency undertaken
during the 2 fiscal years immediately preceding the fiscal year during
which this Act is enacted. Such report shall comply with the
requirements in paragraph (3).
(2) For the current fiscal year and every fiscal year thereafter,
every agency shall complete and submit to the Director of the Office of
Management and Budget a report on the contracting efforts undertaken by
the agency during that fiscal year. The report for a fiscal year shall
comply with the requirements in paragraph (3), and shall be completed
and submitted not later than the end of the first fiscal quarter of the
subsequent fiscal year.
(3) The reports referred to in this subsection shall include the
following information with regard to each contracting effort undertaken
by the agency:
(A) The contract number and the Federal supply class or
service code.
(B) A statement of why the contracting effort was
undertaken and an explanation of what alternatives to the
contracting effort were considered and why such alternatives
were ultimately rejected.
(C) The names, addresses, and telephone numbers of the
officials who supervised the contracting effort.
(D) The competitive process used or the statutory or
regulatory authority relied on to enter into the contract
without public-private competition.
(E) The cost of Federal employee performance at the time
the work was contracted out (if the work had previously been
performed by Federal employees).
(F) The cost of Federal employee performance under the most
efficient organization plan identified for that performance (if
the work was contracted out through OMB Circular A-76).
(G) The anticipated cost of contractor performance, based
on the award.
(H) The current cost of contractor performance.
(I) The actual savings, expressed both as a dollar amount
and as a percentage of the cost of performance by Federal
employees, based on the current cost, and an explanation of the
difference, if any.
(J) A description of the quality control process used by
the agency in connection with monitoring the contracting
effort, identification of the applicable quality control
standards, the frequency of the preparation of quality control
reports, and an assessment of whether the contractor met,
exceeded, or failed to achieve the quality control standards.
(K) The number of employees performing the contracting
effort under the contract and any related subcontracts.
(c) Report on Contracting in Efforts.--(1) For the current fiscal
year and every fiscal year thereafter, every agency shall complete and
submit to the Director of the Office of Management and Budget a report
on the contracting in efforts undertaken by the agency during that
fiscal year. The report for a fiscal year shall comply with the
requirements in paragraph (2), and shall be completed and submitted not
later than the end of the first fiscal quarter of the subsequent fiscal
year.
(2) The reports referred to in paragraph (1) shall include the
following information for each contracting in effort undertaken by the
agency:
(A) A description of the type of work involved.
(B) A statement of why the contracting in effort was
undertaken.
(C) The names, addresses, and telephone numbers of the
officials who supervised the contracting in effort.
(D) The cost of performance at the time the work was
contracted in.
(E) The current cost of performance by Federal employees or
military personnel.
(d) Report on Employee Positions.--Not later than 30 days after the
end of each fiscal year, every agency shall submit to the Office of
Management and Budget a report on the number of Federal employee
positions and positions held by non-Federal employees under a contract
between the agency and an individual or entity that has been subject to
public-private competition during that fiscal year.
(e) Submission of Reports to Congress.--(1) The Office of
Management and Budget shall compile all reports submitted under this
section and submit the reports to the committees referred to under
paragraph (2), not later than 120 days after the end of the applicable
fiscal year.
(2) The reports compiled under this subsection shall be submitted
to the Committee on Government Reform of the House of Representatives
and to the Committee on Governmental Affairs of the Senate.
(f) Publication.--The Director of the Office of Management and
Budget shall promptly publish in the Federal Register notices including
a description of when the reports referred to in this section are
available to the public and the names, addresses, and telephone numbers
of the officials from whom the reports may be obtained.
(g) Availability on Internet.--After the excision of proprietary
information, the reports referred to in this section shall be made
available through the Internet.
(h) Review.--The Director of the Office of Management and Budget
shall review the reports referred to in this section and consult with
the head of the agency regarding the content of such reports.
SEC. 5. REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.
(a) In General.--(1) After the date of the enactment of this Act
and in accordance with section 3, any decision by an agency to initiate
or continue a privatization, outsourcing, contracting in, or
contracting out (including any continuation by the exercise of an
option, extension, or renewal) for the performance of a function shall
be based on the results of a public-private competition process that--
(A) formally compares the costs of Federal employee
performance of the function with the costs of the performance
by a contractor;
(B) employs the most efficient organization process
described in OMB Circular A-76; and
(C) is conducted in consultation or through bargaining with
the exclusive representative of the Federal employees
performing the function, if applicable.
(2) This subsection applies only to contracting efforts undertaken
on or after the date of the enactment of this Act.
(b) Determination of Costs.--(1) An agency shall commence or
continue the performance of a function by Federal employees if, under a
cost comparison performed under a public-private competition process
described in subsection (a), the agency determines that at least a 10-
percent cost savings would not be achieved by performance of the
function by a contractor.
(2) During the suspension established in section 3 of this Act, an
agency may undertake a contracting effort made under the issuance of a
waiver granted under section 3 for a function that is not currently
performed by Federal employees if the agency has determined the total
cost to the agency of performing the function by a contractor and the
total cost to the agency of having those services performed by Federal
employees and that the contractor performance costs are less than the
Federal employee performance costs.
(c) Inapplicability of Certain Limitation.--Notwithstanding any
limitation on the number of Federal employees established by law,
regulation, or policy, an agency may continue to employ, or may hire,
such Federal employees as are necessary to perform work acquired
through public-private competition required by this section.
SEC. 6. REVIEW OF CONTRACTOR PERFORMANCE.
(a) In General.--If a report completed under section 4 indicates
that, for 2 consecutive years, the actual cost of privatization,
outsourcing, contracting in, or contracting out of a particular
function exceeds the anticipated cost of contractor performance, based
on the award (referred to in section 4(b)(3)(G)), or fails to
substantially meet quality control standards (referred to in section
4(b)(3)(J)), the agency shall either conduct a new public-private
competition or convert the function to performance by Federal employees
not later than the earlier of the date of the expiration of the
contract or the beginning of the first fiscal year which is not more
than 12 months after the initial determination that the cost of a
contracting effort exceeds the anticipated cost of contractor
performance or that quality standards have not been substantially met.
Any resulting terminations for convenience may be undertaken without
cost to the United States Government. This subsection applies only to
contracting efforts undertaken on or after the date of the enactment of
this Act.
(b) Public-Private Competition.--For each fiscal year, an agency
shall subject to public-private competition an equivalent number of
Federal employee positions and positions held by non-Federal employees
under a contract between an agency and an individual or entity.
(c) Inapplicability of Certain Limitation.--Notwithstanding any
limitation on the number of Federal employees established by law,
regulation, or policy, an agency may continue to employ or may hire
such Federal employees as are necessary to perform work acquired
through public-private competition required by this section.
SEC. 7. SURVEY OF WAGES AND BENEFITS PROVIDED BY CONTRACTORS.
(a) Requirement To Conduct Survey.--Using information provided by
agencies, the Secretary of Labor shall conduct a survey of the wages
and quantifiable benefits provided by contractors to non-Federal
personnel working in various occupations under contracts between
agencies and individuals or entities that were entered into during the
2 fiscal years immediately preceding the date of the enactment of this
Act.
(b) Review.--(1) The Director of the Office of Personnel Management
shall--
(A) review the analysis prepared by the Secretary of Labor
under subsection (a) and determine the extent to which the
wages and quantifiable benefits paid by contractors are
comparable to the wages and quantifiable benefits earned by
Federal employees; and
(B) issue a report on the findings of the review.
(2) Not later than 180 days after the date of the enactment of this
Act, the report shall be submitted to the Committee on Government
Reform of the House of Representatives and to the Committee on
Governmental Affairs of the Senate, and published in the Federal
Register.
(c) Guidance.--The Director of the Office of Management and Budget
shall issue guidance to implement this section.
SEC. 8. COMPTROLLER GENERAL REPORTS.
The Comptroller General shall report to the Committee on Government
Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate every 60 days after the date of the
enactment of this Act on the compliance by agencies with the
requirements of this Act.
SEC. 9. APPLICABILITY.
This Act does not apply with respect to the following:
(1) The General Accounting Office.
(2) Depot-level maintenance and repair of the Department of
Defense (as defined in section 2460 of title 10, United States
Code). | (Sec. 3) Prohibits agency heads from entering any service contracts until the OMB Director: (1) determines that the agency is making substantial progress toward meeting the requirements in the certification; or (2) waives suspension of contracting authority in the interest of national security, extraordinary economic harm, or patient care. Requires the Comptroller General to monitor the compliance of any agency operating under a suspension of contracting authority.
(Sec. 4) Requires each agency to establish, according to OMB guidelines, a centralized reporting system with respect to both contracting out and contracting in. Specifies frequency and contents on such reports.
Requires every agency to file a separate annual report on the number of Federal employee positions and positions held by non-Federal employees under a contract that has been subject to public-private competition during the past fiscal year.
Requires OMB to compile and submit all such reports to specified congressional committees for eventual publication on the Internet.
(Sec. 5) Requires any agency decision to initiate or continue a privatization, outsourcing, contracting in, or contracting out for the performance of a function to be based on the results of a public-private competition process meeting certain requirements.
Requires an agency to commence or continue the performance of a function by Federal employees if, under a specified cost comparison, the agency determines that at least a ten-percent cost savings would not be achieved by contractor performance of the function.
(Sec. 6) Requires an agency either to conduct a new public-private competition or to convert the function to Federal employee performance, if a report indicates that, for two consecutive years, the actual cost of privatization, outsourcing, contracting in, or contracting out of a particular function exceeds the anticipated cost of contractor performance, or fails substantially to meet quality control standards. States that any resulting terminations for convenience may be undertaken without cost to the U.S. Government.
Requires an agency to subject to public-private competition each fiscal year an equivalent number of Federal employee positions and positions held by non-Federal employees under a contract.
(Sec. 7) Directs the Secretary of Labor to survey the wages and quantifiable benefits provided by contractors to non-Federal personnel working in various occupations under contracts entered into during the two fiscal years immediately preceding enactment of this Act. Requires the OMB Director to review the survey and report to specified congressional committees on the extent to which the wages and quantifiable benefits paid by contractors are comparable to the wages and quantifiable benefits earned by Federal employees. | Truthfulness, Responsibility, and Accountability in Contracting Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Legacy Act of 2008''.
SEC. 2. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
Section 118(c)(12) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(12)) is amended--
(1) in subparagraph (B)--
(A) by redesignating clauses (i), (ii), and (iii)
as clauses (v), (i), and (ii), respectively, and moving
the clauses so as to appear in numerical order;
(B) in clause (i) (as redesignated by subparagraph
(A)), by striking ``or'' at the end; and
(C) by inserting after clause (ii) (as redesignated
by subparagraph (A)) the following:
``(iii) is a demonstration or pilot project
that uses innovative approaches, technologies,
or techniques for the remediation of sediment
contamination;
``(iv) restores aquatic habitat after
remediation; or'';
(2) by striking subparagraph (C) and inserting the
following:
``(C) Priority.--
``(i) In general.--In selecting projects to
carry out under this paragraph, the
Administrator shall give priority to a project
that--
``(I) constitutes remedial action
for contaminated sediment;
``(II)(aa) has been identified in a
remedial action plan submitted under
paragraph (3); and
``(bb) is ready to be implemented;
``(III) will use an innovative
approach, technology, or technique that
may provide greater environmental
benefits, or equivalent environmental
benefits at a reduced cost; or
``(IV) includes remediation to be
commenced not later than 1 year after
the date of receipt of funds for the
project.
``(ii) Environmental significance.--
Notwithstanding any regulation promulgated or
guidance issued to implement this section, the
Administrator may provide additional
consideration to a project that is--
``(I) funded by a potentially
responsible party; and
``(II) determined to be of greater
environmental significance than a
competing proposal.'';
(3) in subparagraph (E)--
(A) in clause (iii)--
(i) in subclause (I)--
(I) by inserting ``(including any
in-kind services or funds provided in
implementing the administrative order
on consent or judicial consent
decree)'' after ``judicial consent
decree''; and
(II) by striking ``but'' at the
end;
(ii) by redesignating subclause (II) as
subclause (III); and
(iii) by inserting after subclause (I) the
following:
``(II) may include funds paid, or
the value of any in-kind service
performed, by a potentially responsible
party, subject to the condition that
the eligibility of the potentially
responsible party to contribute to the
non-Federal share is evaluated on the
merits on a site-specific basis, in the
context of added value, such as at
sites at which an orphan share exists
or the remedy will be enhanced (such as
where the qualitative or quantitative
scope of the remediation is improved,
innovative methods are employed, or the
remediation will be accelerated);
but''; and
(B) by adding at the end the following:
``(v) Payment and retention of non-federal
share.--The non-Federal sponsor for a project
under this paragraph may pay to the
Administrator, for retention and use by the
Administrator in carrying out the project, the
non-Federal share of the cost of the
project.'';
(4) by striking subparagraph (F);
(5) by redesignating subparagraph (G) as subparagraph (F);
(6) by redesignating subparagraph (H) as subparagraph (I);
(7) by inserting after subparagraph (F) (as redesignated by
paragraph (5)) the following:
``(G) Advance payment and reimbursement costs.--The
Administrator, acting through the Program Office, may
enter into an agreement with a non-Federal sponsor to
carry out a project under this paragraph under which
the non-Federal sponsor may, as appropriate--
``(i) pay in advance the non-Federal share
of the cost of the project; and
``(ii) receive from the Administrator
reimbursement for amounts (other than the non-
Federal share) expended by the non-Federal
sponsor for the project.
``(H) Definition of potentially responsible
party.--In this paragraph, the term `potentially
responsible party' means an individual or entity that
may be liable under any Federal or State environmental
remediation law (including regulations) with respect to
a project carried out under this paragraph.''; and
(8) in subparagraph (I) (as redesignated by paragraph (6)),
by striking ``$50,000,000 for each of fiscal years 2004 through
2008'' and inserting ``$150,000,000 for each of fiscal years
2009 through 2013''.
SEC. 3. PUBLIC INFORMATION PROGRAM.
Section 118(c)(13) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(13)) is amended--
(1) in the paragraph heading, by inserting ``and
participation'' after ``information'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Administrator, acting
through the Program Office and in coordination with
States, Indian tribes, local governments, and other
entities, shall carry out a public information and
participation program, including by providing grants to
States, Indian tribes, corporations, nongovernmental
organizations, and other appropriate entities, for the
provision to the public of information and outreach
activities relating to the remediation of contaminated
sediment in areas of concern that are located wholly or
partially in the United States.''; and
(3) in subparagraph (B), by striking ``2004 through 2008''
and inserting ``2009 through 2013''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b)(1) of the Great Lakes Legacy Act of 2002 (33 U.S.C.
1271a(b)(1)) is amended by striking ``2004 through 2008'' and inserting
``2009 through 2013''. | Great Lakes Legacy Act of 2008 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to include among activities that the Great Lakes National Program Office is authorized to carry out for the remediation of sediment contamination in areas of concern: (1) demonstration or pilot projects that use innovative approaches, technologies, or techniques for the remediation of sediment contamination; and (2) activities to restore aquatic habitat after remediation. Authorizes the Administrator of the Environmental Protection Agency (EPA) to provide additional consideration to projects that are funded by potentially responsible parties (individuals or entities that may be liable under federal or state environmental remediation laws with respect to a project carried out under such Act) and determined to be of greater environmental significance than competing proposals.
Revises provisions concerning the nonfederal share of the costs of such projects. Authorizes the Administrator, Acting through the Program Office, to enter into agreements with nonfederal sponsors to implement projects under which such sponsors may pay in advance their share of the project costs and receive reimbursement for such costs from the Administrator.
Requires the Administrator to implement a public information and participation program relating to the remediation of contaminated sediment in areas of concern in the United States.
Authorizes appropriations for FY2009-FY2013 for: (1) such remediation; (2) the public information and participation program; and (3) research on the development and use of innovative approaches, technologies, and techniques for such remediation. | A bill to amend the Federal Water Pollution Control Act to provide for the remediation of sediment contamination in areas of concern. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Research and Development
and Consumer Protection Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Public health needs are advanced by the development and
distribution of new drug therapies
(2) The public interest in the development of new drug
therapies is parallel to the public interest in controlling
public and private health care costs.
(3) The Federal Government needs mechanisms to ensure that
portions of revenues from the sale of drugs to consumers are
reinvested in the research and development of new technologies.
(4) The Federal Government is the single largest supporter
of biomedical research in the world, spending $33 billion in
1994 alone for biomedical and related health research.
(5) The Federal Government provides 80 percent of the
monies spent each year for fundamental biomedical research at
universities, medical schools, and other non-profit
institutions.
(6) Of all the cancer drugs developed since the founding of
the National Cancer Institute's new drug program in 1955 and
approved for marketing by the Food and Drug Administration
through 1992, 34 of 37 cancer drugs, or 92 percent, were
developed with taxpayer funds.
(7) The public should not have to pay twice for health care
inventions, first as taxpayers and second as consumers.
(8) The Department of Health and Human Services has the
responsibility for funding basic biomedical research, for
funding medical treatment through the programs under titles
XVIII and XIX of the Social Security Act, for providing direct
medical care, and, more generally, for protecting the health
and safety of the public, it is incumbent upon the Secretary of
Health and Human Services to require a reasonable relationship
between the pricing of drugs, the public investment in those
drugs, and the health and safety needs of the public.
(9) The Department of Health and Human Services, academic
researchers, and the general public have the right to know, but
lack the necessary information about, information about the
actual costs for drug development, the general revenues
generated from the sale of pharmaceutical drugs, and the
taxpayer's investment in new drug development.
(10) The Department of Health and Human Services lacks the
necessary information to make appropriate decisions about the
reasonableness of drug prices or the impact of its policies on
research and development of new medical technologies.
SEC. 3. REPORT ON RESEARCH OF THE FEDERAL GOVERNMENT.
(a) Involvement of the Federal Government.--For each drug for which
an application under section 505, 507, or 512 of the Federal Food,
Drug, and Cosmetic Act has been approved the following shall be
reported to the Secretary of Health and Human Services:
(1) Each patent, cooperative research and development
agreement under section 12 of the Stevenson-Wydler Technology
Innovation Act of 1980, or other contractual agreement with the
Federal Government which contributed to the development of the
drug. The dollar amount of Federal funds expended, the agency
of the Federal Government which provided such funds, the dates
of any contractual agreements, and the nature of the research
and development activity shall be included in the report.
(2) Each grant, contract, or other funding mechanism of the
Federal Government which was used to support research or
development activities with respect to the drug, including any
grant or contract by the Federal Government to an institution
of higher education or other non profit institution or other
funds expended by the Federal Government on research and
development which directly contributed to the development of
the drug. The dollar amount of Federal funds expended, the
agency of the Federal Government which provided such funds, the
dates of any contractual agreements, and the nature of the
research and development activity shall be included in the
report.
The Secretary shall make such report available to the public.
(b) Research and Development.--
(1) In general.--For each drug for which an application
under section 505, 507, or 512 of the Federal Food, Drug, and
Cosmetic Act has been approved the total amount expended for
each type of research and development of the drug in each
calendar year, including pre-clinical research and phase I, II,
and III clinical trials, the entity which made the
expenditures, and the amount provided by the Federal Government
shall be reported to the Secretary of Health and Human
Services.
(2) Public Disclosure of Data.--If a drug is protected
under section 527(a) of the Federal Food, Drug, and Cosmetic
Act or under a patent, the material reported under paragraph
(1) for such drug shall be made available by the Secretary to
the public. If a drug is not protected under such section or a
patent, the Secretary shall make the report available to the
public in a form which does not identify individual entities.
SEC. 4. REASONABLE PRICE AGREEMENT.
(a) In General.--If any Federal agency or any non-profit entity
undertakes federally funded health care research and development and is
to convey or provide a patent or other exclusive right to use such
research and development for a drug or other health care technology,
such agency or entity shall not make such conveyance or provide such
patent or other right until the person who will receive such patent or
other right first agrees to a reasonable pricing agreement with the
Secretary of Health and Human Services or the Secretary makes a
determination that the public interest is served by a waiver of the
reasonable pricing agreement provided in accordance with subsection
(b).
(b) Waiver.--No waiver shall take effect under subsection (a)
before the public is given notice of the proposed waiver and provided a
reasonable opportunity to comment on the proposed waiver. A decision to
grant a waiver shall set out the Secretary's finding that such a waiver
is in the public interest.
SEC. 5. PURCHASE OF DRUGS DEVELOPED WITH TAXPAYER SUPPORT.
For any drug approved for marketing by the Food and Drug
Administration which was developed with significant Federal support,
the Secretary of Health and Human Services shall review the price of
the drug for purposes of determining a reasonable price for Federal
reimbursements under the programs under titles XVIII and XIX of the
Social Security Act and other Federal programs that elect to
participate in the Secretary's reasonable pricing program, In
determining a reasonable price for a drug, the Secretary shall
consider--
(1) the public interest in continued health care research
and development,
(2) the contribution of the person marketing such drug to
the drug research and development expenses, including the
amount, timing, and risk of investment in such research and
development,
(3) the contribution of the Federal Government to the
research and development of such drug, including the amount,
timing, and risk of investment in such research and
development,
(4) the therapeutic value of such drug,
(5) the number of patients who are expected to purchase
such drug,
(6) the cost of producing and marketing of such drug,
(7) the cost of therapies which are similar to the therapy
using such drug, and
(8) other relevant factors.
SEC. 6. MATERIAL TRANSFER AGREEMENT.
If in connection with research and development for health care
technologies, the Secretary of Health and Human Services determines
that the public interest will be advanced by the ability of the
Secretary to conduct research on biological substances or other
materials, the Secretary shall have the authority to compel the owner
of such substances or materials to provide the Secretary with such
substances or materials in accordance with a materials transfer
agreement. The agreement shall--
(1) provide the owner of such substances or materials
compensation for the costs incurred in making the transfer to
the Secretary;
(2) define the terms and conditions under which the
Secretary may use the materials;
(3) not grant rights in intellectual property or rights for
commercial purposes; and
(4) require that the material be used for research purposes
only.
SEC. 7. PROMOTION OF RESEARCH AND DEVELOPMENT.
(a) Account.--Any person engaged in the manufacture of drugs for
introduction into interstate commerce shall, in accordance with
subsection (b), establish for each drug an account for funds to be
reinvested in research and development for health care technologies.
(b) Reinvestment in Research and Development.--To insure that
adequate funds are being made available for research and development of
new health care technologies, the Secretary of Health and Human
Services shall establish for persons engaged in the manufacture of
drugs for introduction into interstate commerce the minimum amount such
person should make available for research and development of its new
health care technologies based upon a percentage of sales revenue for
that drug. The Secretary may require different percentages for minimum
reinvestment for different classes of drugs based upon patient
protection, orphan drug status, or magnitude of sales.
(c) Additional Rules.--The Secretary shall adopt regulations
concerning qualifying research and development expenditures and the
reporting requirements for persons who are subject to subsections (a)
and (b).
SEC. 8. REPORTS ON SALES.
Any person engaged in the manufacture and sale of drugs approved
under section 505, 507, or 512 of the Federal Food, Drug, and Cosmetic
Act shall report to the Health Care Financing Administration the total
number of each drug it has sold and the total revenue it has received
from such sales, including sales made outside the United States.
SEC. 9. GOVERNMENT EXPENDITURE ON PRESCRIPTION DRUGS.
The Secretary of Health and Human Services shall report to the
Congress annually on the estimate of the amount of money the Federal
government expends, directly or through reimbursement, for the purchase
of prescription drugs, including an estimate of the amount of money
expended each year on drugs which were developed with significant
Federal support. | Health Care Research and Development and Consumer Protection Act - Requires reporting to the Secretary of Health and Human Services and public disclosure of certain research and development (R and D) patent and funding information, including the amount of Federal funds expended, with regard to new drugs, new animal drugs, and antibiotics approved for marketing under the Federal Food, Drug, and Cosmetic Act.
Provides that if any Federal agency or any nonprofit entity undertakes federally funded health care R and D, and is to convey or provide a patent or other exclusive right to use such R and D for a drug or other health care technology, such agency or entity shall not make such conveyance or provide such patent or other right until the person who will receive it first agrees to a reasonable pricing agreement with the Secretary or the Secretary makes a determination that the public interest is served by a waiver of the reasonable pricing agreement.
Requires, for any drug approved for marketing by the Food and Drug Administration which was developed with significant Federal support, that the Secretary review the drug price to determine a reasonable price for Federal reimbursements under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act and other Federal programs that elect to participate in the Secretary's reasonable pricing program.
Provides that, if in connection with R and D for health care technologies the Secretary determines that the public interest will be advanced by his or her ability to conduct research on biological substances or other materials, the Secretary shall have the authority to compel the owner of such substances or materials to provide them to him or her in accordance with a described materials transfer agreement.
Requires any person engaged in the manufacture of drugs for introduction into interstate commerce to establish for each drug, in accordance with specified procedures, an account for funds to be reinvested in R and D for health care technologies.
Requires certain sales reports to the Health Care Financing Administration with regard to new drugs, new animal drugs, and antibiotics approved for marketing under the Federal Food, Drug, and Cosmetic Act.
Directs the Secretary to report to the Congress annually on estimated Federal expenditures, made directly or through reimbursement, for purchasing prescription drugs, including estimated annual expenditures on drugs developed with significant Federal support. | Health Care Research and Development and Consumer Protection Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Environmental Equity
Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) There is a growing recognition that urban, low-income,
and minority communities tend to be overburdened with polluting
facilities such as waste transfer stations, power plants,
superfund sites, brownfields, and toxic release inventory
sites.
(2) Poor and urban neighborhoods are forced to suffer the
effects associated with increased waste processing because they
often lack the resources to defend their rights and cannot
quantify unhealthy environmental factors.
(3) Addressing the problem of contaminated surroundings
impacting low-income or minority communities must be a priority
of this Nation.
(4) Health respiratory conditions such as asthma can be
traced to environmental conditions impacting a community such
as air pollution and biological contaminants.
(5) Asthma is one of the leading chronic health conditions
in the United States (affecting over 15 million people) and the
leading chronic youth illness (affecting 6.5 million children).
(6) At risk communities need resources to gather
information useful in planning preventive health and
environmental strategies to protect residents from polluting
conditions.
(7) Alliances of community-based organizations and
community health centers are often in the best position to
develop neighborhood health profiles to assist heath policy
makers in assessing the health impact of future growth or
redevelopment.
(8) Federal resources can help communities protect
themselves from being disproportionately exposed to
contaminants which can cause respiratory health complications
such as asthma.
(b) Purposes.--The purposes of this Act are--
(1) to prevent any individual or community from being
disproportionately exposed to hazardous materials;
(2) to enable government agencies to protect individuals
and communities from such exposure;
(3) to give community-based organizations and community
health centers the tools necessary to measure neighborhood
impacts of environmental hazards; and
(4) to enable such organizations and centers to maintain a
health profile for their communities and in this manner prevent
discriminatory exposure to hazardous substances.
SEC. 3. DISCRIMINATION REGARDING EXPOSURE TO HAZARDOUS SUBSTANCES.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following title:
``TITLE XXX--DISCRIMINATION REGARDING EXPOSURE TO COVERED SUBSTANCES
``SEC. 3001. DEFINITIONS.
``In this title:
``(1) Covered entity.--The term `covered entity' means any
entity which handles, manages, treats, releases, discharges,
disposes of, stores, transports, removes, moves, or delivers
covered substances.
``(2) Covered substance.--The term `covered substance'
means any of the following:
``(A) Any contaminant identified under the Safe
Drinking Water Act (title XIV of this Act).
``(B) Any substance described in section 201(q) of
the Federal Food, Drug, and Cosmetic Act, and any
material registered pursuant to the Act referred to in
paragraph (1) of such section.
``(C) Any chemical listed by the National
Toxicology Program of the Department of Health and
Human Services as a known or probable human carcinogen.
``(D) Any substance defined in section 101(14) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 and any chemical subject to
section 313 of the Emergency Planning and Community
Right-To-Know Act of 1986.
``(E) Any material subject to the requirements
concerning material safety data sheets for chemicals
under the Occupational Safety and Health Act of 1970.
``(F) Any chemical substance or mixture regulated
under the Toxic Substance Control Act.
``(G) Any hazardous waste identified under the
Solid Waste Disposal Act.
``(H) Any pesticide registered under the Federal
Insecticide, Fungicide, and Rodenticide Act.
``(I) Any air pollutant regulated under the Clean
Air Act.
``(J) Such other contaminants, chemicals,
materials, wastes, and substances as the President,
acting through the head of the appropriate agency,
determines to be appropriate for purposes of this
title.
``SEC. 3002. PROHIBITION AGAINST DISCRIMINATION.
``(a) In General.--A covered entity shall not, on the ground of
race, color, national origin, or economic status, disproportionately
expose any person or community to any covered substance.
``(b) Compliance.--
``(1) Identification.--A covered entity shall consult and
work in partnership with the States, local government
officials, and the Federal Government to comply with subsection
(a).
``(2) Addressing disproportionate exposure.--A covered
entity shall address the actual or potential disproportionate
exposure to covered substances of individuals or communities,
on the ground of race, color, national origin, or economic
status, prior to pursuing State and local administrative
proceedings to obtain authorization or approval to handle,
manage, treat, release, discharge, dispose of, transport,
remove, move, deliver or otherwise use covered substances.
``(c) Regulations.--
``(1) In general.--The President shall require the
appropriate Federal officials to issue regulations to implement
this section consistent with the provisions of section 602 of
the Civil Rights Act of 1964 relating to compliance.
``(2) Enforcement.--Compliance with this section may be
effectuated (1) by the termination of or refusal to grant
authorization to any covered entity to handle, manage, treat,
release, discharge, dispose of, store, transport, remove, move,
or deliver covered substances; or (2) by any other means
authorized by law. With respect to any covered entity that is a
recipient of Federal financial assistance, compliance may also
be effectuated pursuant to section 602 of the Civil Rights Act
of 1964.
``(3) Dates certain regarding regulations.--For purposes of
carrying out this section--
``(A) proposed rules shall be issued not later than
6 months after the date of the enactment of the
Community Environmental Equity Act;
``(B) final rules shall be issued not later than 18
months after such date of enactment; and
``(C) such final rules shall take effect not later
than 30 months after such date of enactment.
``(d) Biennial Report.--Not later than 2 years after the date on
which final rules are issued pursuant to subsection (c)(3)(B), and
every 2 years thereafter, the Federal Interagency Environmental Justice
Working Group (established under Executive Order 12898 (February 11,
1994)) shall submit to the Congress a report on activities carried out
under this section.
``SEC. 3003. COMMUNITY HEALTH IMPACT PROFILE PROGRAM GRANTS.
``(a) Establishment.--The Secretary shall establish a Health Impact
Profile Program for the purpose of making grants to community-based
organizations and community health centers to assist in the planning
and development of community health impact profiles.
``(b) Requirement.--The Secretary may not make a grant to a
community-based organization or a community health center under this
section unless the organization or center--
``(1) is located in the community in which the grant will
be used; or
``(2) enters into a partnership with an entity in such
community for purposes of carrying out the activities described
in subsection (c).
``(c) Use of Funds.--The Secretary may not make a grant to a
community-based organization or a community health center under this
section unless the organization or center agrees to use the grant for
the following:
``(1) Conducting an overall neighborhood health assessment
to measure the prospective environmental health consequences
of--
``(A) any significant proposed growth or
redevelopment plan; and
``(B) any exposure in the community to covered
substances.
``(2) Building community expertise to develop health impact
profiles through community-based organizations and community
health centers.
``(3) Improving community ability to identify harmful
environmental exposure by covered entities.
``(4) Preserving a healthy and environmentally friendly
community.
``(d) Administrative Costs.--The Secretary may not make a grant to
a community-based organization or a community health center under this
section unless the organization or center agrees that, of the amount
received through the grant, not more than 10 percent of such amount
will be used to cover reasonable administrative costs necessary to
carry out the activities described in subsection (c).
``(e) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000 for each of fiscal
years 2008 through 2010. Funds appropriated under this section shall
remain available until expended.''. | Community Environmental Equity Act - Amends the Public Health Service Act to prohibit any entity that handles, manages, treats, releases, discharges, disposes, stores, transports, removes, moves, or delivers any covered substance from disproportionately exposing any person or community to such substance on the ground of race, color, national origin, or economic status.
Defines "covered substance" to include: (1) any contaminant identified under the Safe Drinking Water Act; (2) any pesticide chemical under the Federal Food, Drug, and Cosmetic Act; (3) any chemical listed as a known or probable human carcinogen under the National Toxicology Program of the Department of Health and Human Services (HHS); (4) any chemical substance or mixture regulated under the Toxic Substance Control Act; (5) any hazardous waste identified under the Solid Waste Disposal Act; (6) any pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act; and (7) any air pollutant regulated under the Clean Air Act.
Requires such an entity to: (1) work in partnership with state and local government officials and the federal government to comply with this Act; and (2) address actual or potential disproportionate exposure to covered substances prior to pursuing authorization or approval to work with such substances.
Authorizes enforcement: (1) by denial or termination of authorization to work with covered substances; (2) by any other means authorized by law; and (3) for an entity receiving federal financial assistance, through specified compliance provisions of the Civil Rights Act of 1964.
Requires the Secretary of Health and Human Services to establish a Health Impact Profile Program to make grants to community-based organizations and community health centers to assist in the planning and development of community health impact profiles. | To amend the Public Health Service Act to prohibit discrimination regarding exposure to hazardous substances, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Care for Nursing Home
Patients Act of 2001''.
SEC. 2. NURSE STAFFING REQUIREMENTS.
(a) In General.--Sections 1819(b)(4) and 1919(b)(4) of the Social
Security Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended by
adding at the end the following new subparagraph:
``(D) Minimum staffing requirements.--
``(i) Licensed nurses.--A facility shall
have at least one licensed nurse on duty on the
premises for every--
``(I) 15 residents present during
the day,
``(II) 20 residents present during
the evening, and
``(III) 30 residents present during
the night.
``(ii) Direct caregivers.--In addition to
the requirement under clause (i), a facility
shall also have at least one direct caregiver
on duty on the premises for every--
``(I) 5 residents present during
the day,
``(II) 10 residents present during
the evening, and
``(III) 15 residents present during
the night.
``(iii) Counting.--In determining
compliance with the staffing levels under this
subparagraph, an individual may not be counted
while performing noncaregiving services, such
as administrative services, food preparation,
housekeeping, laundry, maintenance services, or
other noncaregiving-related activities.
``(iv) Authority to establish higher
standards.--The Secretary may establish higher
minimum staffing requirements, for resident
case mix and such other factors as the
Secretary determines appropriate, than those
imposed under clauses (i) and (ii).
``(v) Rules of construction.--
``(I) Nonpreemption.--Nothing in
this subparagraph shall be construed to
prohibit a State from imposing higher
minimum staffing requirements on
facilities than those imposed under
this subparagraph.
``(II) Minimum standards only.--
Compliance with the staffing
requirements imposed under this
subparagraph alone shall not be
construed as complying with the
requirement under paragraph (2) to
provide services to attain or maintain
the highest practicable physical,
mental, and psychosocial well-being of
each resident.
``(III) Supplementary
requirements.--The staffing
requirements of this subparagraph are
in addition to the requirements of
subparagraph (C).
``(vi) Definitions.--In this subparagraph
and paragraph (8):
``(I) Licensed nurse.--The term
`licensed nurse' means a registered
professional nurse, licensed practical
nurse, or licensed vocational nurse who
meets State licensing requirements, and
who furnishes any of the following
services:
``(aa) Direct care
(including treatment and
medications).
``(bb) Resident assessment
and observation.
``(cc) Supervision of
direct patient care at the unit
level.
``(dd) Planning or
coordination of nursing
services with other resident
services.
``(II) Direct caregiver.--The term
`direct caregiver' means a certified
nurse assistant who provides direct
care (as defined by the Secretary) or a
licensed nurse who primarily provides
direct care.
``(III) Day.--The term `day' means
an eight-hour period commencing not
earlier than 6 a.m. nor later than 8
a.m.
``(IV) Evening.--The term `evening'
means an eight-hour period commencing
not earlier than 2 p.m. nor later than
4 p.m.
``(V) Night.--The term `night'
means an eight-hour period commencing
not earlier than 10 p.m. nor later than
12 midnight.''.
(b) Adjustment to Payments.--
(1) Medicare.--Section 1888(e)(4)(G) of such Act (42 U.S.C.
1395yy(e)(4)(G)) is amended by adding at the end the following
new clause:
``(iv) Adjustment to reflect costs of
minimum staffing.--The Secretary shall provide
for an appropriate adjustment to account for
the costs attributable to meeting the minimum
staffing requirements of subsections (b)(4)(D)
and (f)(8) of section 1819.''.
(2) Medicaid.--Section 1902(a)(13)(A) of such Act (42
U.S.C. 1396a(a)(13)(A)) is amended--
(A) in clause (iii), by striking the final ``and'';
(B) in clause (iv), by striking the semicolon and
inserting ``, and''; and
(C) by inserting after clause (iv) the following
new clause:
``(v) in the case of nursing facilities,
such rates take into account the costs
attributable to the requirements of section
1919(b)(4)(D).''.
(c) Effective Date.--The amendments made by this section shall
apply to services provided on or after the date that is two years after
the date of enactment of this Act.
(d) Report to Congress on Adequacy of Personnel To Meet Staffing
Requirements.--Not later than one year after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit to
the Congress a report regarding the adequacy of personnel in nursing
facilities covered under titles XVIII and XIX of the Social Security
Act to meet the direct care staffing requirements required under
sections 1819(b)(4)(D) and 1919(b)(4)(D) of the Social Security Act (as
added by subsection (a)) and, if inadequate, recommendations on steps
that should be taken to ensure that adequate numbers of trained staff
are available to meet such requirements, including ways to attract and
retain such direct caregiving personnel.
SEC. 3. DISCLOSURE OF STAFFING LEVELS.
(a) In General.--Section 1819(b)(8) and 1919(b)(8) of the Social
Security Act (42 U.S.C. 1395i-3(b)(8); 1396r(b)(8)), as added by
section 941 of the Medicare, Medicaid, and SCHIP Benefits Improvement
and Protection Act of 2000 (114 Stat. 2763A-585), as enacted into law
by section 1(a)(6) of Public Law 106-554, are each amended to read as
follows:
``(8) Disclosure of staffing levels.--
``(A) In general.--A facility shall conspicuously
post the notices described in subparagraph (B), in the
manner described in subparagraph (C), in each area or
unit of the facility where residents reside.
``(B) Notices described.--Notices referred to in
subparagraph (A) are the following:
``(i) Minimum staffing requirements.--A
notice describing the minimum staffing
requirements set forth in subsection (b)(4)(D).
``(ii) Current staff information.--A notice
showing, separately for each shift in the area
or unit of the facility in which it is posted--
``(I) the name of the direct care
clinical supervisor for that area or
unit;
``(II) the current number of direct
caregivers (including licensed nurses)
present on the premises who perform
resident care and the name and
credential or professional title of
each such caregiver;
``(III) the current ratio of
residents to licensed nurses present on
the premises;
``(IV) the current ratio of
residents to direct caregivers
(including licensed nurses) present on
the premises assigned to that area or
unit; and
``(V) the current number of
residents of such area or unit.
``(C) Manner of posting; format of notice.--
``(i) Manner of posting.--Notices posted
under subparagraph (A) shall be posted adjacent
to each other in each area or unit to which
such notices apply in the facility, and posted
in a manner visible and accessible to
residents, their families, caregivers, and
prospective residents of such facility.
``(ii) Format of notice.--The Secretary
shall develop a uniform format for the notices
referred to in subparagraph (B) for facilities
to carry out the requirements of this
paragraph.
``(D) Recordkeeping.--The facility shall retain
records of such notices for not fewer than two years,
and shall make the information contained in those
notices available upon request.''.
(b) Conforming Amendments.--Sections 1819(b)(4) and 1919(b)(4) of
such Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended in
subparagraph (D)(v), as added by section 2(a) of this Act, by inserting
``and paragraph (8)'' after ``this subparagraph''.
(c) Effective Date.--The amendments made by this section shall
apply to services provided on or after the date that is two years after
the date of enactment of this Act.
SEC. 4. ADMINISTRATIVE STAFFING REQUIREMENTS.
(a) In General.--Sections 1819(d)(1) and 1919(d)(1) of the Social
Security Act (42 U.S.C. 1395i-3(d)(1); 1396r(d)(1)) are each amended by
adding at the end the following new subparagraph:
``(D) Administrative staffing.--A facility must
maintain at least the administrative staff described in
the following clauses:
``(i) Director of nursing services.--An
individual who serves full time as a director
of nursing services and who is a registered
professional nurse.
``(ii) Assistant director of nursing
services.--An individual who serves full time
as an assistant director of nursing services
and who is a registered professional nurse,
except that in a facility with fewer than 100
beds, such individual may serve part time and
may also serve as a direct care clinical
nursing supervisor.
``(iii) Director of in-service education.--
An individual who serves full time as a
director of in-service education, who is a
registered professional nurse, and who has, to
the extent practicable and appropriate,
training in adult education and gerontology,
except that in a facility with fewer than 100
beds, such individual may serve part time.
``(iv) Direct care clinical nursing
supervisor.--For each shift each day, an
individual who serves full time as a direct
care clinical nursing supervisor and who is a
registered professional nurse, except that in a
facility with fewer than 100 beds, such an
individual may serve part time and may also
serve as an assistant director of nursing.
An individual may not satisfy more than one requirement
of clauses (i) through (iv), except as specifically
provided.''.
(b) Conforming Amendments.--Sections 1819(b)(4) and 1919(b)(4) of
such Act (42 U.S.C. 1395i-3(b)(4); 1396r(b)(4)) are each amended in
subparagraph (D)(v), as added by section 2(a) and amended by section
3(b) of this Act, by striking ``and paragraph (8)'' and by inserting
``, paragraph (8), and subsection (d)(1)(D)''.
(c) Payment Modification.--
(1) Medicare.--Section 1888(e)(4)(G)(iv) of such Act (42
U.S.C. 1395yy(e)(4)(G)(iv)), as added by section 2(b)(1) of
this Act, is amended by striking ``section 1819(b)(4)(D)'' and
inserting ``subsections (b)(4)(D) and (d)(1)(D) of section
1819''.
(2) Medicaid.--Section 1902(a)(13)(A)(v) of such Act (42
U.S.C. 1396a(a)(13)(A)(v)), as added by section 2(b)(2) of this
Act, is amended by striking ``section 1919(b)(4)(D)'' and
inserting ``subsections (b)(4)(D) and (d)(1)(D) of section
1919''.
(d) Effective Date.--The amendments made by this section shall
apply to services provided on or after the date that is two years after
the date of enactment of this Act.
SEC. 5. APPLICATION OF REQUIREMENTS TO ALL BEDS.
(a) Medicare.--Section 1819 of the Social Security Act (42 U.S.C.
1395i-3) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Applicability of Protections to All Residents.--The
provisions of this section shall apply with respect to all residents of
a skilled nursing facility, without regard to whether the resident is
entitled to have payment made for skilled nursing facility services
under this title.''.
(b) Medicaid.--Section 1919(g) of the Social Security Act (42
U.S.C. 1396r(g)) is amended by adding at the end the following new
paragraph:
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new
subsection:
``(i) Applicability of Protections to All Residents.--The
provisions of this section shall apply with respect to all residents of
a nursing facility, without regard to whether the resident is entitled
to have payment made for nursing facility services under the State plan
or under any other provision of this Act.''. | Quality Care for Nursing Home Patients Act of 2001 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to: (1) impose minimum direct care staffing requirements on nursing facilities receiving Medicare or Medicaid funding; (2) revise the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 with respect to disclosure of staffing levels at such facilities, adding notice requirements; (3) prescribe administrative staffing requirements for such facilities; and (4) apply quality of care requirements to all residents of skilled nursing facilities, without regard to whether the resident is entitled to have payment made for nursing facilities under Medicare or Medicaid. | To amend titles XVIII and XIX of the Social Security Act to impose requirements with respect to staffing in nursing facilities receiving payments under the Medicare or Medicaid Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sharing Automated Vehicle Records
with Everyone for Safety Act'' or the ``SHARES Act''.
SEC. 2. HIGHLY AUTOMATED VEHICLE INFORMATION SHARING ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration a Highly Automated Vehicle Information
Sharing Advisory Council (hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. The Council shall be
composed of not less than 15 and not more than 30 members appointed by
the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties.--The Council shall undertake information gathering
activities, develop technical advice, and present best practices or
recommendations to the Secretary regarding the development of a
framework that allows manufacturers of highly automated vehicles to
share with each other and the National Highway Traffic Safety
Administration relevant, situational information related to any testing
or deployment event on public streets resulting or that reasonably
could have resulted in damage to the vehicle or any occupant thereof
and validation of such vehicles in a manner that does not risk public
disclosure of such information or disclosure of confidential business
information.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council shall conform to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council shall terminate 6 years after the
date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | Sharing Automated Vehicle Records with Everyone for Safety Act or the SHARES Act This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration (NHTSA) a Highly Automated Vehicle Information Sharing Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding the development of a framework to allow manufacturers of highly automated vehicles to share with each other and NHTSA relevant situational information related to any testing or deployment event on public streets resulting in damage to the vehicle or vehicle occupant and validation of such vehicles in a manner that does not risk public disclosure of such information or disclosure of confidential business information. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | Sharing Automated Vehicle Records with Everyone for Safety Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century STEM for Girls and
Underrepresented Minorities Act''.
SEC. 2. GRANTS TO PREPARE GIRLS AND UNDERREPRESENTED MINORITIES.
Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended by adding at the end the following:
``PART G--PREPARING GIRLS AND UNDERREPRESENTED MINORITIES FOR THE 21ST
CENTURY
``SEC. 4701. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 4702, the
Secretary is authorized to provide grants to local educational agencies
on behalf of elementary and secondary schools to establish and
implement a program to encourage the ongoing development of programs
and curriculum for girls and underrepresented minorities in science,
mathematics, engineering, and technology and to prepare girls and
underrepresented minorities 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, or
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 shall contain, at a
minimum, the following:
``(A) A 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 and how the applicant will ensure that
there is a comprehensive plan to improve science,
mathematics, engineering, and technology education for
girls and underrepresented minorities in grades
kindergarten through 12.
``(C) A description of the process for recruitment
and selection of participants.
``(D) A description of the planned instructional
and motivational activities.
``(E) A description of any collaboration among
local, regional, or national institutions and
organizations that will occur in order to fulfill the
goals of the program.
``(3) Priority.--In selecting among applications, the
Secretary shall give priority to applicants that partner or
coordinate, to the extent possible, with local, regional, or
national institutions and organizations who have extensive
experience, expertise and research on increasing the
participation of girls or underrepresented minorities in
science, mathematics, engineering and technology.
``(c) Use of Funds.--Funds provided under this section shall be
used for the following:
``(1) Preparing girls and underrepresented minorities with
careers in science, mathematics, engineering, and technology,
and the advantages of pursuing careers in these areas.
``(2) Educating the parents of girls and underrepresented
minorities about the opportunities and advantages of science,
mathematics, engineering, and technology careers.
``(3) Enlisting the help of the parents of girls and
underrepresented minorities in overcoming the obstacles these
groups face and encouraging their child's continued interest
and involvement in science, mathematics, engineering, and
technology.
``(4) Providing tutoring and mentoring programs in science,
mathematics, engineering, and technology.
``(5) Establishing partnerships and other opportunities
that expose girls and underrepresented minorities to role
models in the fields of science, mathematics, engineering and
technology.
``(6) Enabling female and underrepresented minority
students and their teachers to attend events and academic
programs in science, mathematics, engineering, and technology.
``(7) Providing after-school activities designed to
encourage interest, and develop skills of girls and
underrepresented minorities, in science, mathematics,
engineering, and technology.
``(8) Summer programs designed in order that girls and
underrepresented minorities develop an interest in, develop
skills in, and understand the relevance and significance of,
science, mathematics, engineering, and technology.
``(9) Purchasing--
``(A) educational instructional materials or
software designed to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology; or
``(B) equipment, instrumentation, or hardware used
for teaching and to encourage interest of girls and
underrepresented minorities in science, mathematics,
engineering, and technology.
``(10) Field trips to locations, including institutions of
higher education, to educate and encourage girls' and
underrepresented minorities' interest in science, mathematics,
engineering, and technology and acquaint them with careers in
these fields.
``(11) Providing academic advice and assistance in high
school course selection that encourages girls and
underrepresented minorities to take advanced courses in areas
of science, technology, engineering, and mathematics.
``(12) Paying up to 50 percent of the cost of an internship
in science, mathematics, engineering, or technology for female
and underrepresented minority students.
``(13) Providing professional development for teachers and
other school personnel, including--
``(A) how to eliminate gender and racial bias in
the classroom;
``(B) how to be sensitive to gender and racial
differences;
``(C) how to engage students in the face of gender-
based and racial peer pressure and parental
expectations;
``(D) how to create and maintain a positive
environment; and
``(E) how to encourage girls and underserved
minorities through academic advice and assistance to
pursue advanced classes and careers in science,
mathematics, engineering, and technology fields.
``(d) Supplement, Not Supplant.--The Secretary shall require each
local educational agency to use the assistance provided under this
section only to supplement, and not to supplant, any other assistance
or funds made available from non-Federal sources for the activities
assisted under this section.
``(e) Evaluations.--Each local educational agency that receives
funds under this section shall provide the Secretary, at the conclusion
of every school year during which the funds are received, with an
evaluation, in a form prescribed by the Secretary. This evaluation
shall include--
``(1) a description of the programs and activities
conducted by the local educational agency using the funds;
``(2) data on curriculum and partnerships developed using
the funds;
``(3) data on the amount of time spent on subjects allowed
for under the grant; and
``(4) such other information as may be required by the
Secretary.
``SEC. 4702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$5,000,000 for fiscal year 2018 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''. | 21st Century STEM for Girls and Underrepresented Minorities Act This bill amends the Elementary and Secondary Education Act of 1965 to authorize the Department of Education to provide grants to local educational agencies to encourage the ongoing development of programs and curricula for girls and underrepresented minorities in science, technology, engineering, and mathematics and prepare those students to pursue undergraduate and graduate degrees and careers in such fields. | 21st Century STEM for Girls and Underrepresented Minorities Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Indian Health Act of
2005''.
SEC. 2. APPLICATION OF 100 PERCENT FMAP FOR SERVICES FURNISHED TO AN
INDIAN BY AN URBAN INDIAN HEALTH PROGRAM.
(a) In General.--The third sentence of section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)), is amended by inserting
before the period at the end the following: ``, or through an urban
Indian health program receiving funds under title V of the Indian
Health Care Improvement Act''.
(b) Conforming Amendment.--Section 1911(c) of such Act (42 U.S.C.
1396j(c)), is amended by inserting ``, or through an urban Indian
health program receiving funds under title V of the Indian Health Care
Improvement Act'' after ``facilities''.
SEC. 3. PROHIBITION ON IMPOSITION OF PREMIUMS, DEDUCTIBLES, COPAYMENTS,
AND OTHER COST-SHARING ON INDIANS.
Section 1916 of the Social Security Act (42 U.S.C. 1396o) is
amended--
(1) in subsection (a)(3), by inserting ``(other than such
individuals who are Indians (as defined in section 4 of the
Indian Health Care Improvement Act)'' after ``other such
individuals'';
(2) in subsection (b), in the matter preceding paragraph
(1), by inserting ``or who are Indians (as defined in section 4
of the Indian Health Care Improvement Act)'' after ``section
1902(a)(10)''; and
(3) in subsection (c)(1), by inserting ``(other than such
an individual who is an Indian (as defined in section 4 of the
Indian Health Care Improvement Act))'' after ``section
1902(l)(1)''.
SEC. 4. PROHIBITION ON RECOVERY AGAINST ESTATES OF INDIANS.
Section 1917(b)(1) of the Social Security Act (42 U.S.C.
1396p(b)(1)) is amended, in the matter preceding subparagraph (A), by
inserting `` who is not an Indian (as defined in section 4 of the
Indian Health Care Improvement Act)'' after ``an individual'' the
second place it appears.
SEC. 5. REQUIREMENT FOR CONSULTATION WITH INDIAN TRIBES PRIOR TO
APPROVAL OF SECTION 1115 WAIVERS.
Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended
by adding at the end the following:
``(g) In the case of an application for a waiver of compliance with
the requirements of section 1902 (or a renewal or extension of such a
waiver) that is likely to affect members of an Indian tribe (as defined
in section 4 of the Indian Health Care Improvement Act) or a tribal
health program (whether operated by an Indian tribe or a tribal
organization (as so defined) serving such members, the Secretary shall,
prior to granting such a waiver under subsection (a) or renewing or
extending such a waiver under subsection (e), consult with each such
Indian tribe.''.
SEC. 6. REQUIREMENT FOR FAIR PAYMENT BY MEDICAID MANAGED CARE ENTITIES
TO INDIAN HEALTH PROGRAM PROVIDERS.
Section 1903(m)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1396b(m)(2)(A)(ii)) is amended to read as follows:
``(ii) such contract provides, in the case
of entity that has entered into a contract for
the provision of services with a facility or
program of the Indian Health Service, whether
operated by the Service or an Indian tribe or
tribal organization (as defined in section 4 of
the Indian Health Care Improvement Act) or an
urban Indian health program receiving funds
under title V of the Indian Health Care
Improvement Act , that is not a Federally-
qualified health center or a rural health
clinic, that the entity shall provide payment
that is not less than the highest level and
amount of payment that the entity would make
for the services if the services were furnished
by a provider that is not a facility or program
of the Indian Health Service;''.
SEC. 7. TREATMENT OF MEDICAL EXPENSES PAID BY OR ON BEHALF OF AN INDIAN
BY AN INDIAN HEALTH PROGRAM AS COSTS INCURRED FOR MEDICAL
CARE FOR PURPOSES OF DETERMINING MEDICALLY NEEDY
ELIGIBILITY.
Section 1902(a)(17)(D) of the Social Security Act (42 U.S.C.
1396a(a)(17)(D)) is amended by inserting ``or by the Indian Health
Service or an Indian tribe or tribal organization (as defined in
section 4 of the Indian Health Care Improvement Act)'' after
``political subdivision thereof''.
SEC. 8. STATE OPTION TO EXEMPT INDIANS FROM REDUCTIONS IN ELIGIBILITY
OR BENEFITS.
Section 1902 of the Social Security Act (42 U.S.C. 1396a)) is
amended by inserting after subsection (j) the following:
``(k) The Secretary shall not disapprove a State plan amendment, or
deny a State request for a waiver under section 1115 (or a renewal or
extension of such a waiver), on the grounds that the amendment or
waiver would exempt Indians (as defined in section 4 of the Indian
Health Care Improvement Act) eligible for medical assistance from--
``(1) any restriction on eligibility for medical assistance
under this title that would otherwise apply under the amendment
or waiver;
``(2) any imposition of premiums, deductibles, copayments,
or other cost-sharing that would otherwise apply under the
amendment or waiver; or
``(3) any reduction in covered services or supplies that
would otherwise apply under the amendment or waiver.''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act apply to items or services furnished on
or after January 1, 2006.
(b) Extension of Effective Date for State Law Amendment.--In the
case of a State plan under title XIX of the Social Security Act which
the Secretary of Health and Human Services determines requires State
legislation in order for the plan to meet the additional requirements
imposed by the amendments made by a provision of this Act, the State
plan shall not be regarded as failing to comply with the requirements
of this Act solely on the basis of its failure to meet these additional
requirements before the first day of the first calendar quarter
beginning after the close of the first regular session of the State
legislature that begins after the date of enactment of this Act. For
purposes of the previous sentence, in the case of a State that has a 2-
year legislative session, each year of the session shall be considered
to be a separate regular session of the State legislature. | Medicaid Indian Health Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to: (1) apply 100% of the federal medical assistance percentage (FMAP) to services furnished to an Indian by an urban Indian health program; (2) prohibit the imposition of premiums, deductibles, copayments, and other cost-sharing on Indians; (3) prohibit recovery against estates of Indians; (4) require consultation with Indian tribes prior to approval of "Section 115" waivers; (5) provide for the treatment of medical expenses paid by or on behalf of an Indian by an Indian health program as medical care costs for purposes of determining medically needy eligibility; and (6) give states the option to exempt Indians from reductions in eligibility or benefits.
Requires a Medicaid managed care organization contracting with an Indian Health Service (IHS) facility or program that is not a federally-qualified health center or a rural health clinic to provide payment at the highest level and amount that it would make for the services if they were furnished by a provider that is not an IHS facility or program. | To amend title XIX of the Social Security Act to provide for fair treatment of services furnished to Indians under the Medicaid Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmacy Competition and Consumer
Choice Act of 2011''.
SEC. 2. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION
REQUIREMENTS.
(a) Amendment to the Public Health Service Act Relating to the
Group Market.--
(1) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:
``SEC. 2729. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER
OPERATION REQUIREMENTS.
``(a) In General.--Notwithstanding any other provision of law, a
group health plan, and a health insurance issuer providing health
insurance coverage in connection with a group health plan
(collectively, a `plan sponsor'), shall not enter into a contract with
any pharmacy benefits manager (referred to in this section as a `PBM')
to manage the prescription drug coverage provided under such plan or
insurance coverage, or to control the costs of such prescription drug
coverage, unless the PBM satisfies the following requirements:
``(1) Required disclosures to plan sponsor in annual
report.--The PBM shall provide at least annually a report to
each plan sponsor, including, at a minimum--
``(A) information on the number and total cost of
prescriptions under the contract filled at mail order
and at retail pharmacies;
``(B) an estimate of aggregate average payments
under the contract, per prescription (weighted by
prescription volume), made to mail order and retail
pharmacies, and the average amount per prescription
that the PBM was paid by the plan for prescriptions
filled at mail order and retail pharmacies;
``(C) an estimate of the aggregate average payment
per prescription (weighted by prescription volume)
under the contract received from pharmaceutical
manufacturers, including all rebates, discounts, price
concessions, or administrative and other payments from
pharmaceutical manufacturers, and a description of the
types of payments, the amount of such payments that
were shared with the plan, and the percentage of
prescriptions for which the PBM received such payments;
``(D) information on the overall percentage of
generic drugs dispensed under the contract separately
at retail and mail order pharmacies, and the percentage
of cases in which a generic drug is dispensed when
available; and
``(E) information on the percentage and number of
cases under the contract in which individuals who had
been receiving a prescribed drug that had a lower cost
for the plan were later given a drug with a higher cost
for the plan, because of PBM policies or at the direct
or indirect control of the PBM, and the rationale for
such changes and a description of the applicable PBM
policies.
``(2) PBM requirements with respect to pharmacies.--With
respect to contracts between a PBM and a pharmacy, the PBM
shall--
``(A) include in such contracts, the methodology
and resources utilized for the Maximum Allowable Cost
(referred to in this section as `MAC') pricing of the
PBM, update pricing information on such list at least
weekly, and establish a process for the prompt
notification of such pricing updates to network
pharmacies;
``(B) agree to provide timely updates, not less
than once every 3 business days, to pharmacy product
pricing files used to calculate prescription prices
that will be used to reimburse pharmacies;
``(C) agree to pay pharmacies promptly for clean
claims under section 1860D-12(b)(4) of the Social
Security Act (42 U.S.C. 1395w-112(b)(4));
``(D) not require that a pharmacist or pharmacy
participate in a pharmacy network managed by such PBM
as a condition for the pharmacy to participate in
another network managed by such PBM, and shall not
exclude an otherwise qualified pharmacist or pharmacy
from participation in a particular network provided
that the pharmacist or pharmacy--
``(i) accepts the terms, conditions and
reimbursement rates of the PBM;
``(ii) meets all applicable Federal and
State licensure and permit requirements; and
``(iii) has not been excluded from
participation in any Federal or State program;
``(E) not automatically enroll a pharmacy in a
contract or modify an existing contract without written
agreement from the pharmacy or pharmacist; and
``(F) require each pharmacy to sign a contract
before assuming responsibility to fill prescriptions
for the PBM.
``(3) PBM ownership interests and conflicts of interest;
pharmacy choice.--A PBM shall not--
``(A) mandate that a covered individual use a
specific retail pharmacy, mail order pharmacy,
specialty pharmacy, or other pharmacy practice site or
entity if the PBM has an ownership interest in such
pharmacy, practice site, or entity or the pharmacy,
practice site, or entity has an ownership interest in
the PBM; or
``(B) provide incentives to covered plan
beneficiaries, in the form of variations in premiums,
deductibles, co-payments, or co-insurance rates, to
encourage plan beneficiaries to use a specific pharmacy
if such incentives are only applicable to a pharmacy,
practice site, or entity that the PBM has an ownership
interest in, unless such incentives are applicable to
all network pharmacies.
``(4) PBM audit of pharmacy providers.--The following shall
apply to audits of pharmacy providers by a PBM:
``(A) The period covered by an audit may not exceed
2 years from the date the claim was submitted to or
adjusted by the PBM.
``(B) An audit that involves clinical or
professional judgment shall be conducted by, or in
consultation with, a pharmacist licensed in the State
of the audit or the State board of pharmacy.
``(C) The PBM may not require more stringent
recordkeeping than that required by State or Federal
law.
``(D) The PBM or the entity conducting an audit for
the PBM shall establish a written appeals process that
shall include procedures for appeals for preliminary
reports and final reports.
``(E) The pharmacy, practice site, or other entity
may use the records of a hospital, physician, or other
authorized practitioner to validate the pharmacy
records and any legal prescription (one that complies
with State Board of Pharmacy requirements) may be used
to validate claims in connection with prescriptions,
refills, or changes in prescriptions.
``(F) Any clerical or recordkeeping error, such as
a typographical error, scrivener's error, or computer
error, regarding a required document or record shall
not be subject to recoupment unless proof of intent to
commit fraud or unless such discrepancy results in
actual financial harm to an interested party.
``(G) The entity conducting the audit shall not use
extrapolation or other statistical expansion techniques
in calculating the recoupment or penalties for audits.
``(H) The PBM shall disclose any audit recoupment
to the group health plan or health insurance issuer
with a copy to the pharmacy.
``(5) PBM conduct regarding covered individuals.--A PBM
shall--
``(A) notify a plan sponsor if such PBM intends to
sell utilization or claims data that the PBM possesses
as a result of an arrangement described in this
section;
``(B) notify the plan sponsor in writing at least
30 days before selling, leasing, or renting such data
and shall provide the plan sponsor with the name of the
potential purchaser of such data and the expected use
of any utilization or claims data by such purchaser;
``(C) not sell such data unless the sale complies
with all Federal and State laws and the PBM has
received written approval for such sale from the plan
sponsor;
``(D) not directly contact a covered individual by
any means (including via electronic delivery,
telephonic, SMS text or direct mail) without the
express written permission of the plan sponsor and the
covered individual;
``(E) not transmit any personally identifiable
utilization or claims data to a pharmacy owned by the
PBM if the patient has not voluntarily elected in
writing to fill that particular prescription at the
PBM-owned pharmacy; and
``(F) provide each covered individual with an
opportunity to affirmatively opt out of the sale of his
or her data prior to entering into any arrangement for
the lease, rental, or sale of such information.
``(b) Definition.--For purposes of this section, the term `fraud'
has the meaning given the term `health care fraud' in section 1347 of
title 18, United States Code.''.
(2) Effective date.--The amendment made by this subsection
shall apply to plan sponsors for plan years beginning on or
after the date of enactment of this Act.
(b) Amendments to the Public Health Service Act Relating to the
Individual Market.--
(1) In general.--Subpart 2 of part B of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is
amended by adding at the end the following:
``SEC. 2754. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER
OPERATION REQUIREMENTS.
``The provisions of section 2729 of the Public Health Service Act
shall apply to health insurance coverage offered by a health insurance
issuer in the individual market in the same manner as they apply to a
group health plan and a health insurance issuer providing health
insurance coverage under that section.''.
(2) Conforming amendments.--
(A) ERISA amendment.--
(i) In general.--Subpart B of part 7 of
subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at
the end the following:
``SEC. 716. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER OPERATION
REQUIREMENTS.
``The provisions of section 2729 of the Public Health Service Act
shall apply to a group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, in the same manner as such provisions apply to a group health
plan and a health insurance issuer providing health insurance coverage
under that section.''.
(ii) Clerical amendment.--The table of
contents in section 1 of the Employee
Retirement Income Security Act of 1974 is
amended by inserting after the item relating to
section 714 the following:
``Sec. 715. Additional market reforms.
``Sec. 716. Pharmacy benefits manager transparency and proper operation
requirements.''.
(B) IRC amendment.--
(i) In general.--Subpart B of chapter 100
of the Internal Revenue Code of 1986 (26 U.S.C.
9811 et seq.) is amended by adding at the end
the following:
``SEC. 9814. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER
OPERATION REQUIREMENTS.
``The provisions of section 2729 of the Public Health Service Act
shall apply to a group health plan, and a health insurance issuer
providing health insurance coverage in connection with a group health
plan, in the same manner as such provisions apply to a group health
plan and a health insurance issuer providing health insurance coverage
under that section.''.
(ii) Clerical amendment.--The table of
sections for subpart B of chapter 100 of the
Internal Revenue Code of 1986 is amended by
inserting after the item relating to section
9813 the following new item:
``Sec. 9814. Pharmacy benefits manager transparency and proper
operation requirements.''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply with respect to health insurance coverage
offered, sold, issued, renewed, in effect, or operated in the
individual market on or after the date of enactment of this
Act.
(c) Medicare Prescription Drug Plans.--
(1) In general.--Subpart 2 of part D of title XVIII of the
Social Security Act (42 U.S.C. 1395w-111 et seq.) is amended by
adding at the end the following:
``SEC. 1860D-17. PHARMACY BENEFITS MANAGER TRANSPARENCY AND PROPER
OPERATION REQUIREMENTS.
``The provisions of section 2729 of the Public Health Service Act
shall apply to health insurance coverage offered by a prescription drug
plan under this part in the same manner as such provisions apply to a
group health plan and a health insurance issuer providing health
insurance coverage under that section.''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to plan years beginning on or after
the date of enactment of this Act. | Pharmacy Competition and Consumer Choice Act of 2011 - Amends the Public Health Service Act, the Employee Retirements Income Security Act of 1974 (ERISA), the Internal Revenue Code, and part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to prohibit a group or individual health plan from entering into a contract with any pharmacy benefits manager (PBM) to manage the prescription drug coverage provided under such plan or to control the costs of such coverage unless the PBM satisfies the requirements of this Act.
Directs a PBM to provide at least annually a report to each plan sponsor that includes information on the number and total costs of prescriptions under the contract, payments to pharmacies, payments from pharmaceutical manufacturers, and generic drugs and brand name drugs dispensed.
Sets forth provisions governing the interaction between a PBM and pharmacies that contract with the PBM, including requiring a PBM to: (1) include in contracts drug pricing information and agree to provide timely updates on pricing, (2) agree to pay pharmacies promptly for clean claims, (3) not exclude qualifying pharmacies willing to accept terms and conditions of the PBM, and (4) require each pharmacy to sign a contract before assuming responsibility to fill prescriptions for the PBM.
Prohibits a PBM from mandating or providing incentives to beneficiaries for use of a pharmacy in which the PBM has an ownership interest.
Sets forth limits on audits of pharmacy providers by a PBM, including with respect to record keeping, appeals, and recoupment.
Establishes limits and notice requirements related to PBMs selling claims or utilization data. | To amend the Public Health Service Act to ensure transparency and proper operation of pharmacy benefit managers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Schools from Tax
Delinquents Act of 2012''.
SEC. 2. OBLIGATION FOR OWNERS OF ASSISTED UNITS TO REMAIN CURRENT ON
LOCAL PROPERTY AND SCHOOL TAXES.
(a) In General.--Subsection (o) of section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the
end the following new paragraph:
``(21) Obligation for Owners To Remain Current on Local Property
and School Taxes.--
``(1) Obligation.--Each housing assistance payments
contract entered into by a public housing agency and the owner
of a dwelling unit shall provide that the owner of the dwelling
unit assisted under the contract shall pay, on a timely basis,
all covered taxes validly assessed against the property in
which such dwelling unit is located.
``(2) Authority to provide for use of assistance amounts to
pay delinquent taxes.--A housing assistance payments contract
entered into by a public housing agency and the owner of a
dwelling unit may provide that, upon notification by a taxing
authority that the owner of a dwelling unit assisted under this
subsection is delinquent with respect to payment of any covered
taxes assessed by such taxing authority against the property in
which such dwelling unit is located and identification of the
amount of such delinquency--
``(A) the public housing agency shall abate all of
the assistance amounts under this subsection with
respect to such property until the transfer of amounts
pursuant to subparagraph (B) is completed; and
``(B) the agency shall transfer to such taxing
authority, on a monthly basis, an amount equal to the
monthly assistance amounts under this subsection with
respect to such dwelling unit (or such lesser amount as
may be agreed to by the agency and such authority)
until the delinquency identified in such notification
is eliminated (or for such shorter period, as may be
agreed to by the agency and such authority).
``(3) Requirements and procedures.--The Secretary shall
establish such requirements as may be necessary to provide for
the housing assistance payments contract provisions under
paragraphs (1) and (2), including, in the case of provisions
authorized by paragraph (2), such requirements regarding
notifications and transfer of amounts pursuant to paragraph
(2)(B) as may be necessary to ensure that amounts are not so
transferred except for actual and confirmed taxes assessed to
and owed by an owner of a dwelling unit, to ensure that no
amounts are transferred in excess of the amount of such taxes
owed, and to ensure the timely commencement and termination of
such transfers.
``(4) Treatment of tenants.--Nothing in this section may be
construed to authorize, or establish any cause or grounds for,
the termination of the tenancy of any tenant from any dwelling
unit assisted under this subsection.
``(5) Database.--
``(A) In general.--The Secretary shall maintain a
database of information regarding--
``(i) owners of dwelling units assisted
under this subsection whose housing assistance
payments contracts have been terminated for
failure to comply with the provision required
under paragraph (1); and
``(ii) owners of such dwelling units with
respect to whom assistance amounts have been
abated and transferred to a taxing authority
pursuant to paragraph (2).
``(B) Contents.--Such database shall include
information that identifies the owner, the property for
which such assistance was provided, the amount
transferred, and the period over which such abatement
and transfer occurred.
``(C) Information from public housing agencies.--
The Secretary shall require public housing agencies to
submit information regarding the abatement and transfer
of assistance amounts pursuant to paragraph (2)
sufficient for the Secretary to maintain such database.
``(6) Definitions.--For purposes of this paragraph, the
following definitions shall apply:
``(A) Covered taxes.--The term `covered taxes'
means any tax under the law of a State or any political
subdivision of a State that is assessed upon real
property or the revenue of which is dedicated for use
only for schools or for costs of education.
``(B) Taxing authority.--The term `taxing
authority' means any State or political subdivision of
a State, including any agency or authority thereof,
having authority to assess and collect covered
taxes.''.
(b) Regulations.--The Secretary of Housing and Urban Development
shall issue any regulations necessary to carry section 8(o)(21) of the
United States Housing Act of 1937, as added by the amendment made by
subsection (a). | Protect Our Schools from Tax Delinquents Act of 2012 - Amends the United States Housing Act of 1937 to require that each housing assistance payments contract entered into under the Section 8 rental assistance voucher program by a public housing agency (PHA) and the owner of a dwelling unit provide that such owner pay, on a timely basis, all covered taxes validly assessed against the property in which the unit is located. Defines "covered taxes" as any tax under state or local law assessed upon real property or the revenue of which is dedicated for use only for schools or for costs of education.
Allows a contract to provide that, upon notification and identification of a tax delinquency by a taxing authority, the PHA shall abate all of the rental assistance amounts for the property, transferring them monthly to the taxing authority, until the delinquency is eliminated.
Declares that nothing in this Act may be construed to authorize, or establish any cause or grounds for, the termination of the tenancy of any tenant from any dwelling unit assisted under the rental assistance voucher program.
Requires the Secretary of Housing and Urban Development (HUD) to maintain a database of information regarding owners of dwelling units: (1) assisted under the program whose housing assistance payments contracts have been terminated for noncompliance with the requirements of this Act, and (2) with respect to whom assistance amounts have been abated and transferred to a taxing authority. | To require each owner of a dwelling unit assisted under the section 8 rental assistance voucher program to remain current with respect to local property and school taxes and to authorize a public housing agency to use such rental assistance amounts to pay such tax debt of such an owner, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Investment Research
Act of 2017''.
SEC. 2. SAFE HARBOR FOR INVESTMENT FUND RESEARCH.
(a) Expansion of the Safe Harbor.--Not later than the end of the
180-day period beginning on the date of enactment of this Act, the
Securities and Exchange Commission shall propose, and not later than
the end of the 270-day period beginning on such date, the Commission
shall adopt, upon such terms, conditions, or requirements as the
Commission may determine necessary or appropriate in the public
interest, for the protection of investors, and for the promotion of
capital formation, revisions to section 230.139 of title 17, Code of
Federal Regulations, to provide that a covered investment fund research
report that is published or distributed by a broker or dealer--
(1) shall be deemed, for purposes of sections 2(a)(10) and
5(c) of the Securities Act of 1933 (15 U.S.C. 77b(a)(10),
77e(c)), not to constitute an offer for sale or an offer to
sell a security that is the subject of an offering pursuant to
a registration statement that is effective, even if the broker
or dealer is participating or will participate in the
registered offering of the covered investment fund's
securities; and
(2) shall be deemed to satisfy the conditions of subsection
(a)(1) or (a)(2) of section 230.139 of title 17, Code of
Federal Regulations, or any successor provisions, for purposes
of the Commission's rules and regulations under the Federal
securities laws and the rules of any self-regulatory
organization.
(b) Implementation of Safe Harbor.--In implementing the safe harbor
pursuant to subsection (a), the Commission shall--
(1) not, in the case of a covered investment fund with a
class of securities in substantially continuous distribution,
condition the safe harbor on whether the broker's or dealer's
publication or distribution of a covered investment fund
research report constitutes such broker's or dealer's
initiation or reinitiation of research coverage on such covered
investment fund or its securities;
(2) not--
(A) require the covered investment fund to have
been registered as an investment company under the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et
seq.) or subject to the reporting requirements of
section 13 or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m, 78o(d)) for any period exceeding
the period of time referenced under paragraph
(a)(1)(i)(A)(1) of section 230.139 of title 17, Code of
Federal Regulations; or
(B) impose a minimum float provision exceeding that
referenced in paragraph (a)(1)(i)(A)(1)(i) of section
230.139 of title 17, Code of Federal Regulations;
(3) provide that a self-regulatory organization may not
maintain or enforce any rule that would--
(A) prohibit the ability of a member to publish or
distribute a covered investment fund research report
solely because the member is also participating in a
registered offering or other distribution of any
securities of such covered investment fund; or
(B) prohibit the ability of a member to participate
in a registered offering or other distribution of
securities of a covered investment fund solely because
the member has published or distributed a covered
investment fund research report about such covered
investment fund or its securities; and
(4) provide that a covered investment fund research report
shall not be subject to section 24(b) of the Investment Company
Act of 1940 (15 U.S.C. 80a-24(b)) or the rules and regulations
thereunder, except that such report may still be subject to
such section and the rules and regulations thereunder to the
extent that it is otherwise not subject to the content
standards in the rules of any self-regulatory organization
related to research reports, including those contained in the
rules governing communications with the public regarding
investment companies or substantially similar standards.
(c) Rules of Construction.--Nothing in this Act shall be construed
as in any way limiting--
(1) the applicability of the antifraud or antimanipulation
provisions of the Federal securities laws and rules adopted
thereunder to a covered investment fund research report,
including section 17 of the Securities Act of 1933 (15 U.S.C.
77q), section 34(b) of the Investment Company Act of 1940 (15
U.S.C. 80a-33), and sections 9 and 10 of the Securities
Exchange Act of 1934 (15 U.S.C. 78i, 78j); or
(2) the authority of any self-regulatory organization to
examine or supervise a member's practices in connection with
such member's publication or distribution of a covered
investment fund research report for compliance with applicable
provisions of the Federal securities laws or self-regulatory
organization rules related to research reports, including those
contained in rules governing communications with the public, or
to require the filing of communications with the public the
purpose of which is not to provide research and analysis of
covered investment funds.
(d) Interim Effectiveness of Safe Harbor.--
(1) In general.--From and after the 270-day period
beginning on the date of enactment of this Act, if the
Commission has not adopted revisions to section 230.139 of
title 17, Code of Federal Regulations, as required by
subsection (a), and until such time as the Commission has done
so, a broker or dealer distributing or publishing a covered
investment fund research report after such date shall be able
to rely on the provisions of section 230.139 of title 17, Code
of Federal Regulations, and the broker or dealer's publication
of such report shall be deemed to satisfy the conditions of
subsection (a)(1) or (a)(2) of section 230.139 of title 17,
Code of Federal Regulations, if the covered investment fund
that is the subject of such report satisfies the reporting
history requirements (without regard to Form S-3 or Form F-3
eligibility) and minimum float provisions of such subsections
for purposes of the Commission's rules and regulations under
the Federal securities laws and the rules of any self-
regulatory organization, as if revised and implemented in
accordance with subsections (a) and (b).
(2) Status of covered investment fund.--After such period
and until the Commission has adopted revisions to section
230.139 and FINRA has revised rule 2210, for purposes of
subsection (c)(7)(O) of such rule, a covered investment fund
shall be deemed to be a security that is listed on a national
securities exchange and that is not subject to section 24(b) of
the Investment Company Act of 1940 (15 U.S.C. 80a-24(b)).
(3) Covered investment funds communications.--
(A) In general.--Except as provided in subparagraph
(B), communications that concern only covered
investment funds that fall within the scope of section
24(b) of the Investment Company Act of 1940 (15 U.S.C.
80a-24(b)) shall not be required to be filed with
FINRA.
(B) Exception.--FINRA may require the filing of
communications with the public if the purpose of those
communications is not to provide research and analysis
of covered investment funds.
(e) Definitions.--For purposes of this Act:
(1) The term ``covered investment fund research report''
means a research report published or distributed by a broker or
dealer about a covered investment fund or any securities issued
by the covered investment fund, but not including a research
report to the extent that it is published or distributed by the
covered investment fund or any affiliate of the covered
investment fund.
(2) The term ``covered investment fund'' means--
(A) an investment company registered under, or that
has filed an election to be treated as a business
development company under, the Investment Company Act
of 1940 and that has filed a registration statement
under the Securities Act of 1933 for the public
offering of a class of its securities, which
registration statement has been declared effective by
the Commission; and
(B) a trust or other person--
(i) issuing securities in an offering
registered under the Securities Act of 1933 and
which class of securities is listed for trading
on a national securities exchange;
(ii) the assets of which consist primarily
of commodities, currencies, or derivative
instruments that reference commodities or
currencies, or interests in the foregoing; and
(iii) that provides in its registration
statement under the Securities Act of 1933 that
a class of its securities are purchased or
redeemed, subject to conditions or limitations,
for a ratable share of its assets.
(3) The term ``FINRA'' means the Financial Industry
Regulatory Authority.
(4) The term ``research report'' has the meaning given that
term under section 2(a)(3) of the Securities Act of 1933 (15
U.S.C. 77b(a)(3)), except that such term shall not include an
oral communication.
(5) The term ``self-regulatory organization'' has the
meaning given to that term under section 3(a)(26) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).
Passed the House of Representatives May 1, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Fair Access to Investment Research Act of 2017 (Sec. 2) This bill directs the Securities and Exchange Commission (SEC) to establish and implement a "safe harbor" for certain investment fund research reports published by brokers and dealers. Such reports shall be deemed not to be "offers" under specified provisions of securities law, even if the broker or dealer participates in the registered offering of the investment fund's securities. In implementing the safe harbor, the SEC must prohibit a self-regulatory organization from maintaining or enforcing a rule that would prevent a member from: (1) publishing or distributing a covered investment fund research report solely because the member is also participating in a registered offering of the fund, or (2) participating in a registered offering of a covered investment fund solely because the member has published a research report about the fund. The bill restricts the SEC from conditioning the safe harbor upon specified requirements. | Fair Access to Investment Research Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Regulating our Small Businesses
Act of 1995''.
SEC. 2. MORATORIUM ON REGULATIONS.
(a) Moratorium.--Until the end of the moratorium period, a Federal
agency may not take any regulatory rulemaking action respecting small
business, unless an exception is provided under section 4. Beginning 30
days after the date of the enactment of this Act, the effectiveness of
any regulatory rulemaking action respecting small business taken or
made effective during the moratorium period but before the date of the
enactment shall be suspended until February 1, 1996, unless an
exception is provided under section 4.
(b) Inventory of Rulemakings.--Not later than 30 days after the
date of the enactment of this Act, the President shall conduct an
inventory and publish in the Federal Register a list of all regulatory
rulemaking actions covered by subsection (a) taken or made effective
during the moratorium period but before the date of the enactment.
SEC. 3. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES.
(a) In General.--Any deadline for, relating to, or involving any
action dependent upon, any regulatory rulemaking actions respecting
small business authorized or required to be taken before the end of the
moratorium period is extended until February 1, 1996.
(b) Deadline Defined.--The term ``deadline'' means any date certain
for fulfilling any obligation or exercising any authority established
by or under any Federal statute or regulation, or by or under any court
order implementing any Federal statute or regulation.
(c) Identification of Postponed Deadlines.--Not later than 30 days
after the date of the enactment of this Act, the President shall
identify and publish in the Federal Register a list of deadlines
covered by subsection (a).
SEC. 4. EMERGENCY EXCEPTIONS; EXCLUSIONS.
(a) Emergency Exception.--Section 2(a) or 3(a), or both, shall not
apply to a regulatory rulemaking action if--
(1) the head of a Federal agency otherwise authorized to
take the action submits a written request to the President and
a copy thereof to the appropriate committees of each House of
the Congress;
(2) the President finds, by Executive order, that a waiver
for the action is (A) necessary because of an imminent threat
to health or safety or other emergency, or (B) necessary for
the enforcement of criminal laws; and
(3) the Federal agency head publishes the finding and
waiver in the Federal Register.
(b) Exclusions.--The head of an agency shall publish in the Federal
Register any action excluded because of a certification under section
5(4)(B).
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Federal agency.--The term ``Federal agency'' means any
agency as that term is defined in section 551(1) of title 5,
United States Code (relating to administrative procedure).
(2) Moratorium period.--The term ``moratorium period''
means that period of time beginning February 3, 1995, and
ending January 31, 1996.
(3) Small business.--The term `small business' means a
business which has 100 or fewer employees.
(4) Regulatory rulemaking action.--
(A) In general.--The term ``regulatory rulemaking
action'' means any rulemaking on any rule normally
published in the Federal Register, including--
(i) the issuance of any substantive rule,
interpretative rule, statement of agency
policy, notice of inquiry, advance notice of
proposed rulemaking, or notice of proposed
rulemaking, and
(ii) any other action taken in the course
of the process of rulemaking (except a cost
benefit analysis or risk assessment, or both).
(B) Exclusions.--The term ``regulatory rulemaking''
does not include--
(i) any agency action that the head of the
agency certifies is limited to repealing,
narrowing, or streamlining a rule, regulation,
or administrative process or otherwise reducing
regulatory burdens; or
(ii) any action that the head of the agency
certifies is limited to matters relating to
military or foreign affairs functions, statutes
implementing international trade agreements, or
agency management, personnel, or public
property, loans, grants, benefits, or
contracts.
(5) Rule.--The term ``rule'' means the whole or a part of
an agency statement of general or particular applicability and
future effect designed to implement, interpret, or prescribe
law or policy. Such term does not include the approval or
prescription, on a case-by-case or consolidated case basis, for
the future of rates, wages, corporation, or financial
structures or reorganizations thereof, prices, facilities,
appliances, services or allowances therefor, or of valuations,
costs, or accounting, or practices bearing on any of the
foregoing. Such term also does not include the granting an
application for a license, registration, or similar authority,
granting or recognizing an exemption, granting a variance or
petition for relief from a regulatory requirement, or other
action relieving a restriction or taking any action necessary
to permit new or improved applications of technology.
(6) Rulemaking.--The term ``rulemaking'' means agency
process for formulating, amending, or repealing a rule.
(7) License.--The term ``license'' means the whole or part
of an agency permit, certificate, approval, registration,
charter, membership, statutory exemption, or other form of
permission.
SEC. 6. CIVIL ACTION.
In addition to any remedy otherwise available, whoever is adversely
affected by any conduct of a Federal agency in violation of section 2
or 3 may obtain appropriate relief in a civil action against that
agency. The court may award a prevailing plaintiff in an action under
this section reasonable attorney's fees.
SEC. 7. RELATIONSHIP TO OTHER LAW; SEVERABILITY.
(a) Applicability.--This Act shall apply notwithstanding any other
provision of law.
(b) Severability.--If any provision of this Act, or the application
of any provision of this Act to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this Act, shall not be affected
thereby. | Stop Regulating our Small Businesses Act of 1995 - Prohibits any Federal agency, between February 3, 1995, and January 31, 1996, from taking any regulatory rulemaking action (RRA) respecting small business, unless an emergency exception is provided because the President finds that a waiver is necessary: (1) because of an imminent threat to health or safety or other emergency; or (2) for the enforcement of criminal laws. Directs the President to conduct an inventory and publish in the Federal Register a list of all RRAs covered by the moratorium. Extends until February 1, 1996, any deadline for, relating to, or involving an action under a RRA respecting small business authorized or required to be taken during the moratorium period. Outlines procedures for the declaration of emergency exceptions to the moratorium. Provides appropriate relief via civil action for any non-excepted RRA taken in violation of the moratorium. | Stop Regulating our Small Businesses Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Transportation Safety Board
Reauthorization Act of 2010''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 1118(a) of title 49, United States Code,
is amended to read as follows:
``(a) In General.--There are authorized to be appropriated for the
purposes of this chapter $98,050,000 for fiscal year 2011 and
$98,050,000 for fiscal year 2012. Such sums shall remain available
until expended.''.
(b) Fees, Refunds, Reimbursements, and Advances.--Section 1118(c)
of such title is amended to read as follows:
``(c) Fees, Refunds, Reimbursements, and Advances.--
``(1) In general.--The Board may impose and collect such
fees, refunds, reimbursements, and advances as it determines to
be appropriate for activities, services, and facilities
provided by or through the Board.
``(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee, refund,
reimbursement, or advance collected under this subsection--
``(A) shall be credited as offsetting collections
to the account that finances the activities, services,
or facilities for which the fee, refund, reimbursement,
or advance is associated;
``(B) shall be available for expenditure only to
pay the costs of activities, services, or facilities
for which the fee, refund, reimbursement, or advance is
associated; and
``(C) shall remain available until expended.
``(3) Record.--The Board shall maintain an annual record of
collections received under paragraph (2).
``(4) Refunds.--The Board may refund any fee or advance
paid by mistake or any amount paid in excess of that
required.''.
SEC. 3. TECHNICAL CORRECTIONS.
(a) Definitions.--Section 1101 of title 49, United States Code, is
amended by striking ``otherwise.'' and inserting ``otherwise, and may
include incidents not involving destruction or damage, but
significantly affecting transportation safety, as the Board may
prescribe or Congress may direct.''.
(b) General Organization.--Section 1111(d) of title 49, United
States Code, is amended by striking ``absent'' and inserting
``unavailable''.
(c) Administrative.--Section 1113 of title 49, United States Code,
is amended--
(1) by inserting ``or depositions'' in paragraph (a)(1)
after ``hearings''; and
(2) by inserting ``In the interest of transportation
safety, the Board shall have the authority by subpoena to
summon witnesses and obtain any and all evidence relevant to an
accident investigation conducted under this chapter.'' after
``(2)'' in subsection (a)(2).
(d) Disclosure, Availability, and Use of Information.--Section 1114
of title 49, United States Code, is amended--
(1) by striking the heading for subsection (b) and
inserting ``(b) Trade Secrets; Commercial or Financial
Information.--'';
(2) by inserting ``submitted to the Board in the course of
a Board investigation or study and'' in subsection (b)(1) after
``information'' the first place it appears;
(3) by striking ``title 18'' in subsection (b)(1) and
inserting ``title 18, or commercial or financial
information,'';
(4) by striking ``safety'' in subsection (b)(1)(D) the
first place it appears and inserting ``safety, including
through the issuance of reports of accident investigation or
safety studies and safety recommendations,'';
(5) by inserting ``subparagraphs (A) through (C) of'' after
``under'' in subsection (b)(2);
(6) by adding at the end of subsection (b) the following:
``(4) Each person submitting to the Board trade secrets, commercial
or financial information, or information that could be classified as
controlled under the International Traffic in Arms Regulations shall
appropriately annotate the information to indicate the restricted
nature of the information in order to facilitate proper handling of
such materials by the Board.'';
(7) by striking ``shall'' in paragraph(1)(A) of subsection
(f) and inserting ``may'';
(8) by striking ``information'' in paragraph (2) of
subsection (f) and inserting ``information, or other relevant
information authorized for disclosure under this chapter,'';
and
(9) by adding at the end thereof the following:
``(g) Ongoing Board Investigations.--(1) Notwithstanding any other
provision of law, neither the Board, nor any agency receiving
information from the Board, may publicly disclose records related to an
ongoing Board investigation, and such records shall be exempt from
disclosure under section 552(b)(3) of title 5. Notwithstanding the
preceding sentence, the Board may make public specific records relevant
to the investigation, release of which in the Board's judgment is
necessary to promote transportation safety--
``(A) if the Board holds a public hearing on the accident
or incident, at the time of the hearing;
``(B) if the Board does not hold a public hearing, at the
time the Board determines that substantial portions of the
underlying factual reports on the accident or incident, and
supporting evidence, will be placed in the public docket; or
``(C) if the Board determines during an ongoing
investigation or study that circumstances warrant disclosure of
specific factual material and that such material need be placed
in the public docket to facilitate dialogue with other agencies
or instrumentalities, regulatory bodies, industry or industry
groups, or Congress.
``(2) This subsection does not prevent the Board from referring at
any time to evidence from an ongoing investigation in making safety
recommendations.
``(3) In this subsection, the term `ongoing investigation' means
that period beginning at the time the Board is notified of an accident
or incident and ending when the Board issues a final report or brief,
or determines to close an investigation without issuing a report or
brief.''.
(e) Reports and Studies--Section 1116(b) of title 49, United States
Code, is amended--
(1) by striking ``carry out'' in paragraph (1) and
inserting ``conduct''; and
(2) by striking paragraph (3) and inserting the following:
``(3) prescribe requirements for persons reporting
accidents and incidents that may be investigated by the Board
under this chapter;''.
(f) Discovery and Use of Cockpit and Surface Vehicle Recordings and
Transcripts.--Section 1154(a)(1)(A) of title 49, United States Code, is
amended by striking ``and'' and inserting ``or''.
SEC. 4. AUTHORITY OF THE BOARD.
(a) Evaluation and Audit.--Section 1138(a) of title 49, United
States Code, is amended by striking ``conducted at least annually, but
may be''.
(b) Training of Board Employees and Others.--Section 1115(d) of
title 49, United States Code, is amended--
(1) by striking ``investigation.'' and inserting
``investigation, including investigation theory and techniques
and transportation safety, to advance Board safety
recommendations.'';
(2) by striking ``training.'' and inserting ``training or
who influence transportation safety through support or adoption
of Board safety recommendations.''; and
(3) by striking ``collections.'' and inserting
``collections under the provisions of section 1118 of this
chapter.''.
(c) Accident Investigation Authority.--Section 1131 of title 49,
United States Code, is amended--
(1) by striking subsection (a)(1)(C) and inserting the
following:
``(C) a freight or passenger railroad accident in which
there is a fatality (other than a fatality involving a
trespasser), substantial property damage, or significant injury
to the environment;'';
(2) by striking ``and'' after the semicolon in subsection
(a)(1)(E);
(3) by inserting ``or incident'' after ``accident'' each
place it appears in subsection (a)(1)(F);
(4) by striking ``chapter.'' in subsection (a)(1)(F) and
inserting ``chapter;'';
(5) by adding at the end of subsection (a)(1) the
following:
``(G) an accident or incident in response to an
international request and delegation under appropriate
international conventions, coordinated through the Department
of State and accepted by the Board; and
``(H) an incident or incidents significantly affecting
transportation safety, as defined by the Board, under rules and
in such detail as the Board may prescribe.'';
(6) by inserting ``or incident'' after ``accident'' each
place it appears in subsection (a)(3);
(7) by inserting ``or relevant to'' after ``developed
about'' in subsection (a)(3);
(8) by inserting ``and Incident'' after ``Accident'' in the
heading for subsection (e); and
(9) by inserting ``and incident'' in subsection (e) after
``each accident''.
(d) Civil Aircraft and Maritime Accident Investigations.--
(1) In General.--Section 1132 of title 49, United States
Code, is amended--
(A) by inserting ``or have investigated'' in
subsection (a)(1) after ``investigate'';
(B) by striking ``aircraft;'' in subsection
(a)(1)(A) and inserting ``aircraft or a commercial
space launch vehicle;''; and
(C) by adding at the end the following:
``(e) Authority of Board Representative.--The Board may, with the
consent of the Secretary, delegate to the Department of Transportation
full authority to obtain the facts of any aviation accident or incident
the Board shall investigate, and the on-scene representative of the
Secretary shall have the full authority of the Board to, on display of
appropriate credentials and written notice of inspection authority,
enter property where an aviation accident has occurred or wreckage from
the accident is located and do anything necessary to gather evidence in
support of a Board investigation, in accordance with such rules as the
Board may prescribe.
``(f) Maritime accident investigations.--The Board may, with the
consent of the Secretary of the department in which the Coast Guard is
operating, delegate to the Coast Guard full authority to obtain the
facts of any maritime accident or incident the Board shall investigate,
and the on-scene representative of the Commandant of the Coast Guard
shall have the full authority of the Board to, on display of
appropriate credentials and written notice of inspection authority,
enter property where a maritime accident has occurred or wreckage from
the accident is located and do anything necessary to gather evidence in
support of a Board investigation, in accordance with such rules as the
Board may prescribe.''.
(2) Conforming amendments.--
(A) The heading for section 1132 of title 49,
United States Code, is amended to read as follows:
``1132. Civil aircraft and maritime accident investigations''.
(B) The table of contents for chapter 11 of title
49, United States Code, is amended by striking the item
relating to section 1132 and inserting the following:
``1132. Civil aircraft and maritime accident investigations''.
(e) Inspections and Autopsies.--Section 1134 of title 49, United
States Code, is amended--
(1) by striking ``officer or employee of the National
Transportation Safety Board--'' in subsection (a) and inserting
``officer, employee, or designee of the National Transportation
Safety Board in the conduct of any accident or incident
investigation or study--'';
(2) by adding at the end of subsection (b)(1) the
following: ``The Board may download or seize any recording
device and recordings and may require specific information only
available from the manufacturer to enable the Board to read and
interpret any flight parameter or navigation storage device or
media on board the accident aircraft. The provisions of section
1114(b) of this chapter shall apply to matters properly
identified as trade secrets or commercial or financial
information.''; and
(3) by inserting after ``component.'' in subsection (c) the
following: ``The officer or employee may download or seize any
recording device and recordings, and may require the production
of specific information only available from the manufacturer to
enable the Board to read and interpret any operational
parameter or navigation storage device or media on board the
accident vehicle, vessel, or rolling stock. The provisions of
section 1114(b) of this chapter shall apply to matters properly
identified as trade secrets or commercial or financial
information.''.
SEC. 5. AVIATION PENALTIES AND FAMILY ASSISTANCE.
(a) Family Assistance in Commercial Aviation Accidents.--Section
41113(b)(7) of title 49, United States Code, is amended by striking
``months.'' and inserting ``months and that, prior to destruction of
unclaimed possessions, a reasonable attempt will be made to notify the
family of each passenger within 60 days of any planned destruction
date.''.
(b) Family Assistance in Commercial Aviation Accidents Involving
Foreign Carriers.--Section 41313(c)(7) of title 49, United States Code,
is amended by striking ``accident.'' and inserting ``accident and that,
prior to destruction of unclaimed possessions, a reasonable attempt
will be made to notify the family of each passenger within 60 days of
any planned destruction date.''.
SEC. 6. ACCIDENT-RELATED INFORMATION RELEASE POLICY REPORT.
Within 180 days after the date of enactment of this Act, the
National Transportation Safety Board shall submit to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure a report
describing the policies, procedures, and guidelines used by the Board
in the expedited release of factual accident-related information to
victims and their families, Federal, State, and local accident
investigators and agencies, private or third party investigation
partners, the public, and other stakeholders.
Passed the Senate May 13, 2010.
Attest:
Secretary.
111th CONGRESS
2d Session
S. 2768
_______________________________________________________________________
AN ACT
To amend title 49, United States Code, to authorize appropriations for
the National Transportation Safety Board for fiscal years 2011 and
2012, and for other purposes. | National Transportation Safety Board Reauthorization Act of 2010 - (Sec. 2) Reauthorizes appropriations to the National Transportation Safety Board (NTSB) for FY2011 and FY2012.
(Sec. 3) Revises the term "accident" to expand the NTSB's authority to investigate, at its discretion, accidents not involving the destruction or damage of a vehicle, aircraft, or pipeline, but significantly affecting transportation safety.
Authorizes the NTSB by subpoena to summon witnesses and obtain any and all evidence relevant to an accident investigation.
Prohibits the NTSB (including any agency that has received information from the NTSB) from disclosing publicly any commercial or financial or certain classified information during ongoing NTSB accident investigations. Authorizes public disclosure of such information when necessary, in certain circumstances, to promote transportation safety.
(Sec. 4) Authorizes accident investigation training of NTSB employees in theory and techniques and on transportation safety methods in order to advance NTSB safety recommendations.
Revises the authority of the NTSB to investigate transportation accidents to include: (1) freight or passenger railroad accidents involving a fatality (other than a fatality involving a trespasser), substantial property damage, or significant injury to the environment; (2) accidents or incidents in response to an international request and delegation under appropriate conventions, coordinated through the Department of State and accepted by the NTSB; (3) accidents or incidents significantly affecting transportation safety; and (4) accidents involving a commercial space launch vehicle.
Authorizes the NTSB, with the consent of the appropriate Secretary, to delegate its authority to investigate: (1) aviation accidents or incidents to the Department of Transportation; and (2) maritime accidents or incidents to the Coast Guard.
Authorizes the NTSB, as well as any NTSB officer or employee, to download or seize any recording device and recordings and require specific information only available from the manufacturer to enable the NTSB to read and interpret any flight parameter or navigation storage device or media on board an accident aircraft.
(Sec. 5) Revises requirements for domestic and foreign air carrier plans for addressing the needs of families of passengers involved in aircraft accidents that incur major loss of life. Requires domestic and foreign air carriers to make a reasonable attempt to notify the family of a passenger at least 60 days prior to the planned destruction of any unclaimed property of the passenger.
(Sec. 6) Directs the NTSB to report to specified congressional committees on policies, procedures, and guidelines it has used to expedite the release of factual accident-related information to accident victims and their families, federal, state, and local accident investigators and agencies, private or third party investigation partners, the public, and other specified stakeholders. | A bill to amend title 49, United States Code, to authorize appropriations for the National Transportation Safety Board for fiscal years 2011 and 2012, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Tax and Investment Reform Act
of 2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is a unique Federal legal and political
relationship between the United States and Indian tribes.
(2) Indian tribes have the responsibility and authority to
provide governmental programs and services to tribal citizens,
develop tribal economies, and build community infrastructure to
ensure that Indian reservation lands serve as livable,
permanent homes.
(3) The United States Constitution, U.S. Federal Court
decisions, Executive orders, and numerous other Federal laws
and regulations recognize that Indian tribes are governments,
retaining the inherent authority to tax and operate as other
governments, including (inter alia) financing projects with
government bonds and maintaining eligibility for general tax
exemptions via their government status.
(4) Codifying tax parity with respect to tribal governments
is consistent with Federal treaties recognizing the sovereignty
of tribal governments.
(5) That Indian tribes face historic disadvantages in
accessing the underlying capital to build the necessary
infrastructure for job creation, and that certain statutory
restrictions on tribal governance further inhibit tribes'
ability to develop strong governance and economies.
(6) Indian tribes are sometimes excluded from the Internal
Revenue Code of 1986 in key provisions which results in unfair
tax treatment for tribal citizens or unequal enforcement
authority for tribal enforcement agencies.
(7) Congress is vested with the authority to regulate
commerce with Indian tribes, and hereby exercises that
authority in a manner which furthers tribal self-governance,
and in doing so, further affirms the United States government-
to-government relationship with Indian tribes.
SEC. 3. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND
ISSUANCE.
(a) In General.--Subsection (c) of section 7871 of the Internal
Revenue Code of 1986 (relating to Indian tribal governments treated as
States for certain purposes) is amended to read as follows:
``(c) Special Rules for Tax-Exempt Bonds.--In applying section 146
to bonds issued by Indian tribal governments (or subdivisions thereof)
the Secretary of the Treasury shall annually--
``(1) establish a national bond volume cap based on the
greater of--
``(A) the State population formula approach in
section 146(d)(1)(A) (using national tribal population
estimates supplied annually by the Department of the
Interior in consultation with the Census Bureau), and
``(B) the minimum State ceiling amount in section
146(d)(1)(B) (as adjusted in accordance with the cost
of living provision in section 146(d)(2)), and
``(2) allocate such national bond volume cap among all
Indian tribal governments seeking such an allocation in a
particular year under regulations prescribed by the
Secretary.''.
(b) Repeal of Essential Governmental Function Requirements.--
Section 7871 of such Code is further amended by striking subsections
(b) and (e).
(c) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to obligations issued in calendar years beginning
after the date of the enactment of this Act.
(2) Subsection (b).--The repeals made by subsection (b)
shall apply to transactions after, and obligations issued in
calendar years beginning after, the date of the enactment of
this Act.
SEC. 4. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY
TRIBAL GOVERNMENTS.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) Qualified public safety employee.--Section 72(t)(10)(B)
of the Internal Revenue Code of 1986 (defining qualified public
safety employee) is amended by--
(A) striking ``or political subdivision of a
State'' and inserting ``, political subdivision of a
State, or Indian tribe''; and
(B) striking ``such State or political
subdivision'' and inserting ``such State, political
subdivision, or tribe''.
(2) Governmental plan.--The last sentence of section 414(d)
of such Code (defining governmental plan) is amended to read as
follows: ``The term `governmental plan' includes a plan
established or maintained for its employees by an Indian tribal
government (as defined in section 7701(a)(40)), a subdivision
of an Indian tribal government (determined in accordance with
section 7871(d)), an agency, instrumentality, or subdivision of
an Indian tribal government, or an entity established under
Federal, State, or tribal law which is wholly owned or
controlled by any of the foregoing.''.
(3) Domestic relations order.--Section 414(p)(1)(B)(ii) of
such Code (defining domestic relations order) is amended by
inserting ``or tribal'' after ``State''.
(4) Exempt governmental deferred compensation plan.--
Section 3121(v)(3) of such Code (defining governmental deferred
compensation plan) is amended by inserting ``by an Indian
tribal government or subdivision thereof,'' after ``political
subdivision thereof,''.
(5) Grandfather of certain deferred compensation plans.--
Section 457 of the Internal Revenue Code is amended by adding
at the end the following new subsection:
``(h) Certain Tribal Government Plans Grandfathered.--Plans
established before the date of enactment of this subsection and
maintained by an Indian tribal government (as defined in section
7701(a)(40)), a subdivision of an Indian tribal government (determined
in accordance with section 7871(d)), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity established
under Federal, State, or tribal law which is wholly owned or controlled
by any of the foregoing, in compliance with subsection (b) or (f) shall
be treated as if established by an eligible employer under subsection
(e)(1)(A).''.
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--The last sentence of section 3(32) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(32)) is amended to read as follows: ``The term
`governmental plan' includes a plan established or maintained
for its employees by an Indian tribal government (as defined in
section 7701(a)(40) of the Internal Revenue Code of 1986), a
subdivision of an Indian tribal government (determined in
accordance with section 7871(d) of such Code), an agency,
instrumentality, or subdivision of an Indian tribal government,
or an entity established under Federal, State, or tribal law
which is wholly owned or controlled by any of the foregoing.''.
(2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II)
of such Act (29 U.S.C. 1056(d)(3)(B)(ii)(II)) is amended by
inserting ``or tribal'' after ``State''.
(3) Conforming amendments.--
(A) Section 4021(b) of such Act (29 U.S.C. 1321(b))
is amended by striking ``or'' at the end of paragraph
(12), by striking the period at the end of paragraph
(13) and inserting ``; or'', and by inserting after
paragraph (13) the following new paragraph:
``(14) established or maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity
established under Federal, State, or tribal law which is wholly
owned or controlled by any of the foregoing.''.
(B) Section 4021(b)(2) of such Act (29 U.S.C.
1321(b)(2)) is amended by striking ``, or which is
described in the last sentence of section 3(32)'' and
inserting a comma.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning after the date of the enactment of this Act.
SEC. 5. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE CHARITIES
FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL FUNDERS AND
SPONSORS.
(a) In General.--Section 170(b)(1)(A) of the Internal Revenue Code
of 1986 is amended by adding at the end the following: ``For purposes
of clause (vi), the term `governmental unit' includes an Indian tribal
government (determined in accordance with section 7871(d) of such
Code), an agency, instrumentality, or subdivision of an Indian tribal
government, or an entity established under Federal, State, or tribal
law which is wholly owned or controlled by any of the foregoing.''.
(b) Certain Supporting Organizations.--Section 509(a) of such Code
is amended by adding at the end the following: ``For purposes of
paragraph (3), an organization described in paragraph (2) shall be
deemed to include an Indian tribal government (determined in accordance
with section 7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity established
under Federal, State, or tribal law which is wholly owned or controlled
by any of the foregoing.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 6. IMPROVING EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT
AGENCIES BY PARITY OF ACCESS TO THE FEDERAL PARENT
LOCATOR SERVICE AND FEDERAL TAX REFUND OFFSETS.
(a) Access to Federal Parent Locator Service.--Section 453(c) of
the Social Security Act (42 U.S.C. 653(c)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the child support enforcement agency of an Indian
tribe or tribal organization that is eligible for a grant under
section 455(f).''.
(b) Improving the Collection of Past-Due Child Support From Federal
Tax Refunds.--
(1) Amendment to the social security act.--Section 464 of
the Social Security Act (42 U.S.C. 664) is amended by adding at
the end the following:
``(d) Applicability to Indian Tribes and Tribal Organizations
Eligible for a Grant Under This Part.--This section, except for the
requirement to distribute amounts in accordance with section 457, shall
apply to an Indian tribe or tribal organization eligible for a grant
under section 455(f) in the same manner in which this section applies
to a State with a plan approved under this part.''.
(2) Amendment to the internal revenue code.--Subsection (c)
of section 6402 of the Internal Revenue Code of 1986 is amended
by adding at the end the following: ``For purposes of this
subsection, any reference to a State shall include a reference
to any Indian tribe or tribal organization described in section
464(d) of the Social Security Act.''.
SEC. 7. RECOGNIZING INDIAN TRIBAL GOVERNMENTS FOR PURPOSES OF
DETERMINING UNDER THE ADOPTION CREDIT WHETHER A CHILD HAS
SPECIAL NEEDS.
(a) In General.--Section 23(d)(3) of the Internal Revenue Code of
1986 (defining child with special needs) is amended--
(1) in subparagraph (A), by inserting ``or Indian tribal
government'' after ``a State''; and
(2) in subparagraph (B), by inserting ``or Indian tribal
government'' after ``such State''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Tribal Tax and Investment Reform Act of 2016 This bill amends the Internal Revenue Code (IRC) to include Indian tribal governments in an annual allocation of a national tax-exempt bond volume cap. The bill repeals provisions that limit an Indian tribal government's eligibility to issue tax-exempt bonds or to be exempt from specified excise taxes to transactions involving the exercise of an essential government function customarily performed by state and local governments. The bill amends the IRC and the Employee Retirement Income Security Act of 1974 (ERISA) to treat employee benefit or pension plans maintained by Indian tribes and domestic relations orders issued pursuant to tribal law in the same manner as plans maintained by states and domestic relations orders issued pursuant to state law. The bill treats tribal charities and foundations in the same manner as charities and foundations funded and controlled by other governmental entities for purposes of the tax-exempt status of, and deduction for contributions to, such organizations. The bill amends the Social Security Act to give Indian tribes or tribal organizations access to the Federal Parent Locator Service if they are eligible for a grant to operate a child support enforcement program. It makes those tribes and tribal organizations eligible to participate in the program that collects past-due support from individual tax refunds. An Indian tribal government may determine whether a child has special needs for the purpose of the tax credit for the adoption of a child with special needs. | Tribal Tax and Investment Reform Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Children Protection Act of
2000''.
SEC. 2. USE OF APPROPRIATE FACILITIES FOR THE DETENTION OF ALIEN
CHILDREN.
(a) In General.--Except as provided in subsection (b), in the case
of any alien under 18 years of age who is awaiting final adjudication
of the alien's immigration status and who does not have a parent,
guardian, or relative in the United States into whose custody the alien
may be released, the Attorney General shall place such alien in a
facility appropriate for children not later than 72 hours after the
Attorney General has taken custody of the alien.
(b) Exception.--The provisions of subsection (a) do not apply to
any alien under 18 years of age who the Attorney General finds has
engaged in delinquent behavior, is an escape risk, or has a security
need greater than that provided in a facility appropriate for children.
(c) Definition.--In this section, the term ``facility appropriate
for children'' means a facility, such as foster care or group homes,
operated by a private nonprofit organization, or by a local
governmental entity, with experience and expertise in providing for the
legal, psychological, educational, physical, social, nutritional, and
health requirements of children. The term ``facility appropriate for
children'' does not include any facility used primarily to house adults
or delinquent minors.
SEC. 3. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended by adding at the end the following:
``(l)(1) The Attorney General may, in the Attorney General's
discretion, adjust the status of an alien under 18 years of age (or who
was under 18 years of age when taken into Government custody) who has
no lawful immigration status in the United States to that of an alien
lawfully admitted for permanent residence if--
``(A)(i) the alien (or a parent or legal guardian acting on
the alien's behalf) has applied for the status; and
``(ii) the alien has resided in the United States for a
period of 5 consecutive years; or
``(B)(i) no parent or legal guardian requests the alien's
return to the country of the parent's or guardian's domicile,
or with respect to whom the Attorney General finds that
returning the child to his or her country of origin would
subject the child to mental or physical abuse; and
``(ii) the Attorney General determines that it is in the
best interests of the alien to remain in the United States
notwithstanding the fact that the alien is not eligible for
asylum protection under section 208 or protection under section
101(a)(27)(J).
``(2) The Attorney General shall make a determination under
paragraph (1)(B)(ii) based on input from a person or entity that is not
employed by or a part of the Service and that is qualified to evaluate
children and opine as to what is in their best interest in a given
situation.
``(3) Upon the approval of adjustment of status of an alien under
paragraph (1), the Attorney General shall record the alien's lawful
admission for permanent residence as of the date of such approval, and
the Secretary of State shall reduce by one the number of visas
authorized to be issued under sections 201(d) and 203(b)(4) for the
fiscal year then current.
``(4) Not more than 500 aliens may be granted permanent resident
status under this subsection in any fiscal year.''.
SEC. 4. ASSIGNMENT OF GUARDIANS AD LITEM TO ALIEN CHILDREN.
(a) Assignment.--Whenever a covered alien is a party to an
immigration proceeding, the Attorney General shall assign such covered
alien a child welfare professional or other individual who has received
training in child welfare matters and who is recognized by the Attorney
General as being qualified to serve as a guardian ad litem (in this
section referred to as the ``guardian''). The guardian shall not be an
employee of the Immigration and Naturalization Service.
(b) Responsibilities.--The guardian shall ensure that--
(1) the covered alien's best interests are promoted while
the covered alien participates in, or is subject to, the
immigration proceeding; and
(2) the covered alien understands the proceeding.
(c) Requirements on the Attorney General.--The Attorney General
shall serve notice of all matters affecting a covered alien's
immigration status (including all papers filed in an immigration
proceeding) on the covered alien's guardian.
(d) Definition.--In this section, the term ``covered alien'' means
an alien--
(1) who is under 18 years of age;
(2) who has no lawful immigration status in the United
States and is not within the physical custody of a parent or
legal guardian; and
(3) whom no parent or legal guardian requests the person's
return to the country of the parent's or guardian's domicile or
with respect to whom the Attorney General finds that returning
the child to his or her country of origin would subject the
child to physical or mental abuse.
SEC. 5. SENSE OF CONGRESS.
Congress commends the Immigration and Naturalization Service for
its issuance of its ``Guidelines for Children's Asylum Claims'', dated
December 1998, and encourages and supports the Service's implementation
of such guidelines in an effort to facilitate the handling of
children's asylum claims.
SEC. 6. GENERAL ACCOUNTING OFFICE REPORT.
The General Accounting Office shall prepare a report to Congress
regarding whether and to what extent U.S. Embassy and consular
officials are fulfilling their obligation to reunify, on a priority
basis, children in foreign countries whose parent or parents are
legally present in the United States. | Amends the Immigration and Nationality Act to authorize the Attorney General to adjust the status of an alien under the age of 18 with no lawful immigration status to that of a permanent resident alien if: (1) the alien or parent or guardian has so applied, and the alien has resided in the United States for five consecutive years; or (2) no foreign-domiciled parent or guardian has requested the alien's return, and the Attorney General determines that a return would subject the alien to physical or mental abuse, and it is in the alien's best interests to remain in the United States. Limits the annual number of such status adjustments.
Directs the Attorney General to appoint a child welfare professional or trained individual as such alien's guardian ad litem.
Expresses the sense of Congress commending the Immigration and Naturalization Service for issuance and implementation of specified children's asylum claims guidelines.
Directs the General Accounting Office to report with respect to U.S. embassy and consular efforts to reunify on a priority basis children in foreign countries with parents who are legally present in the United States. | Alien Children Protection Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Oversight of
Nuclear Nonproliferation Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, the Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on Energy
and Natural Resources of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Oversight and Government Reform, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, and the Committee on Energy and Commerce
of the House of Representatives.
(2) Commission.--The term ``Commission'' means the
Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism established by section 1851 of the
Implementing Recommendation of the 9/11 Commission Act of 2007
(Public Law 110-53; 121 Stat. 501).
(3) Coordinator.--The term ``Coordinator'' means the
President's Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism established by section
1841(b)(1) of the Implementing Recommendations of the 9/11
Commission Act of 2007 (50 U.S.C. 2931(b)(1)).
(4) Deputy coordinator.--The term ``Deputy Coordinator''
means the Deputy United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
established under section 1841(b)(2) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
2931(b)(2)).
(5) Highly enriched uranium.--The term ``highly enriched
uranium'' means uranium that contains at least 20 percent of
the uranium isotope 235.
(6) IAEA.--The term ``IAEA'' means the International Atomic
Energy Agency.
(7) Special nuclear material.--The term ``special nuclear
material'' has the meaning given the term in section 11(aa) of
the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).
SEC. 3. REPORT ON UNITED STATES NUCLEAR NONPROLIFERATION EFFORTS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Coordinator shall
submit to the appropriate congressional committees an unclassified
report, with classified annexes as necessary, on the findings and
recommendations of the Commission described in subsection (b).
(b) Content.--The report required under subsection (a) shall
include the following:
(1) A description of the financial incentives the United
States Government used during the previous year to promote
civilian nuclear energy abroad, including the types, amounts,
and recipients of such financial incentives.
(2) A description of the actions the United States
Government has taken for improving the secure civilian storage
of, and minimizing the use and export of, weapons useable
highly enriched uranium during the previous year, and the
amount the United States Government spends annually to fuel
United States civilian reactors that use highly enriched
uranium.
(3) A description of the actions that have been taken by
the United States Government to implement title V of the
Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.)
during the previous year and any obstacles pertaining to its
implementation with recommended actions.
(4)(A) A description of the steps the United States
Government has taken during the previous year to upgrade the
physical security of civilian nuclear facilities in the United
States that store or handle special nuclear material.
(B) A comparison of the current physical security standards
used at civilian nuclear facilities in the United States that
store or handle special nuclear material to those standards
used by the United States Armed Forces to secure such
materials.
(5) A United States Government assessment of the
capabilities of the IAEA, completed in consultation with all
relevant United States Government agencies, including the
Office of the Director of National Intelligence, including--
(A) the ability of IAEA to meet its own timely
detection inspection goals;
(B) the ability of IAEA to afford timely detection
of possible military diversions and whether or not the
IAEA has met its own timely detection inspection goals;
and
(C) recommendations for whether and how the IAEA
should update its definitions of how much special
nuclear material is needed to create a nuclear bomb and
how long it takes to convert such special nuclear
material into nuclear bombs.
(c) Absence of the Coordinator and the Deputy Coordinator.--The
President shall submit the report required under this section if
neither the Coordinator nor the Deputy Coordinator have been appointed
pursuant to section 1841(b)(3) of the Implementing Recommendation of
the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(3)).
SEC. 4. REPORT ON UNITED STATES WORK WITH IAEA ON NUCLEAR
NONPROLIFERATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Coordinator shall submit to the appropriate
congressional committees an unclassified report, with classified
annexes as necessary, on the findings and recommendations of the
Commission under subsection (b).
(b) Content.--The report required under subsection (a) shall
include details about the progress of the work of the United States
Government with the IAEA Director General to--
(1) establish a safeguards user fee, whereby countries with
inspected facilities would be assessed a fee to help cover the
costs of IAEA inspections;
(2) assess whether the IAEA can meet its own inspection
goals, whether those goals afford timely detection to account
for a bomb's worth of special nuclear material, whether there
are situations in which achieving those goals is not possible,
and what corrective actions, if any, might help the IAEA to
achieve its inspection goals;
(3) promote transparency at suspect sites and to encourage
IAEA member states to maintain a registry, made available to
other IAEA members upon request, of all foreign visitors at
safeguarded sites;
(4) provide for the acquisition and implementation of near-
real-time surveillance equipment in the use of safeguards,
including at sites where nuclear fuel rods are located; and
(5) require that the transfer of all items on the Nuclear
Suppliers Group dual-use and trigger lists be reported to the
IAEA in advance and develop a system to process and analyze the
information.
(c) Absence of the Coordinator and the Deputy Coordinator.--The
President shall submit the report required under this section if
neither the Coordinator nor the Deputy Coordinator have been appointed
pursuant to section 1841(b)(3) of the Implementing Recommendation of
the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(3)).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the reporting requirements under sections 3 and
4 for fiscal year 2010 and each subsequent year thereafter. | Strengthening the Oversight of Nuclear Nonproliferation Act of 2009 - Requires the President's Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism to report to the appropriate congressional committees: (1) annually regarding the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism's findings concerning U.S. nuclear nonproliferation efforts; and (2) regarding U.S. cooperative efforts with the International Atomic Energy Agency (IAEA) on nuclear nonproliferation. | A bill to enhance the ability of Congress to oversee matters pertaining to nuclear nonproliferation identified in the findings and recommendations of the December 2008 Report of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katrina Aftermath Relief Effort Tax
Credit Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Hurricane Katrina devastated the Gulf Coast States of
Louisiana, Mississippi, and Alabama on August 29, 2005.
(2) An estimated 1,000,000 Americans from the Gulf Coast
were forced to flee their homes as a result of Hurricane
Katrina.
(3) Many of the displaced victims of Hurricane Katrina are
currently residing in shelters across the country, including in
Texas, Louisiana, Mississippi, Alabama, Wisconsin, Arkansas,
Florida, Tennessee, Georgia, and other States.
(4) Many of these shelters, including Kelly USA in San
Antonio and the Astrodome in Houston, are only intended to
serve as temporary homes for the victims of Hurricane Katrina.
(5) In addition to the temporary shelters, Americans have
opened their homes to welcome the victims of Hurricane Katrina.
Many Americans who have opened their homes also pay expenses
such as food, clothing, school supplies, transportation, or
personal items for the benefit of those victims of Hurricane
Katrina residing with them.
(6) Due to the devastation of Hurricane Katrina, many
Americans from the Gulf Coast cannot return to their homes for
many months. As a result, it is necessary to find intermediate-
term and long-term housing for the victims of Hurricane
Katrina.
(7) Long-term housing can be difficult to locate in certain
areas. In addition, locating long-term housing can be a lengthy
process.
(8) Intermediate-term housing is appropriate for the
victims of Hurricane Katrina until long-term housing can be
located.
(9) Opening private homes to victims of Hurricane Katrina
is vital to the overall effort to find intermediate-term
housing for the victims of Hurricane Katrina.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide incentives for Americans to open their homes
to fellow Americans from the Gulf Coast who were devastated by
Hurricane Katrina.
(2) To partially offset expenses paid by Americans who open
their homes to victims of Hurricane Katrina.
(3) To amend the Internal Revenue Code of 1986 to provide a
tax credit to partially offset the costs of food, clothing,
school supplies, transportation, or personal items paid by
Americans who house victims of Hurricane Katrina for the
benefit of such victims of Hurricane Katrina.
SEC. 3. KATRINA AFTERMATH RELIEF EFFORT CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. KATRINA AFTERMATH RELIEF EFFORT CREDIT.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified housing support
expenses paid or incurred by the taxpayer during the taxable year for
the benefit of a qualified individual who resides in housing provided
by the taxpayer.
``(b) Limitation.--The credit allowable under subsection (a) for
any taxable year shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified individual.--The term `qualified
individual' means any individual who is displaced by reason of
Hurricane Katrina.
``(2) Qualified housing support expenses.--The term
`qualified housing support expenses' means any expenses paid or
incurred for food, clothing, school supplies, transportation,
or personal items of a qualified individual during the period
that such qualified individual resides in housing provided by
the taxpayer.
``(d) Substantiation Required.--No credit shall be allowed under
this section unless the taxpayer substantiates by adequate records or
by sufficient evidence corroborating the taxpayer's own statement--
``(1) the amount of the expense,
``(2) the time and place of the expense,
``(3) the purpose of the expense, and
``(4) the name of the qualified individual to which the
expense relates.
``(e) Application.--Subsection (a) shall apply only to amounts paid
or incurred during the period beginning on August 29, 2005, and ending
on December 31, 2006.''.
(b) Conforming Amendments.--
(1) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by redesignating the item relating to section 36 as
an item relating to section 37 and by inserting before such
item the following new item:
``Sec. 36. Katrina aftermath relief effort credit.''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``or 36'' after ``section 35''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred on or after August 29, 2005. | Katrina Aftermath Relief Effort Tax Credit Act - Amends the Internal Revenue Code to allow individual taxpayers a refundable tax credit for certain housing support expenses (e.g., food, clothing, and school supplies) paid or incurred between August 29, 2005, and December 31, 2006, to help individuals displaced by Hurricane Katrina. Limits the amount of such credit to $1,000 for any taxable year. | To amend the Internal Revenue Code of 1986 to provide incentives for Americans to open their homes to fellow Americans from the Gulf Coast who were devastated by Hurricane Katrina, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inclusion of Veteran Service
Organizations in the National Veterans Business Development Corporation
Board Act''.
SEC. 2. IMPROVEMENT OF NATIONAL VETERANS BUSINESS DEVELOPMENT
CORPORATION.
(a) Improvement.--Section 33(c) of the Small Business Act (15
U.S.C. 657c(c)) is amended--
(1) in paragraph (1), by striking ``nine'' and inserting
``11'';
(2) by striking paragraph (2) and inserting the following
new paragraph (2):
``(2) Appointment of voting members.--
``(A) Presidential appointments.--
``(i) In general.--The President shall,
after considering recommendations submitted
under clause (ii), appoint 7 of the 11 voting
members of the Board, all of whom shall be
United States citizens, and not more than 5 of
whom shall be members of the same political
party.
``(ii) Recommendations.--Recommendations
shall be submitted to the President for
appointments under this subparagraph by the
chairman or ranking member (or both) of the
Committee on Small Business and
Entrepreneurship or the Committee on Veterans'
Affairs (or both) of the Senate or the
Committee on Small Business or the Committee on
Veterans' Affairs (or both) of the House of
Representatives.
``(B) Congressional appointments.--The chairmen of
the Committee on Small Business and Entrepreneurship
and the Committee on Veterans' Affairs of the Senate
and the Committee on Small Business and the Committee
on Veterans' Affairs of the House of Representatives
shall jointly appoint 4 of the 11 voting members of the
Board who shall be representatives of a congressionally
chartered veterans' service organization or military
service organization.
``(C) Limitation on internal recommendations.--No
member of the Board may recommend an individual for
appointment to a position on the Board.'';
(3) in paragraph (3), by adding at the end the following
new sentences: ``The president and directors of each of the 3
veterans business resource centers that have received grants
from the Corporation that are located in Flint, Michigan, St.
Louis, Missouri, and Boston, Massachusetts, shall provide
expertise and advice to the Board of Directors, as
appropriate.'';
(4) in paragraph (6)(C), by striking the second sentence
and inserting the following new sentence: ``No member of the
Board may serve after the expiration of the term for which that
member is appointed.''; and
(5) by adding at the end the following new paragraphs:
``(12) Removal of members.--With the approval of a majority
of the Board of Directors and the approval of the chairmen and
ranking members of the Committee on Small Business and
Entrepreneurship and the Committee on Veterans' Affairs of the
Senate, the Corporation may remove a member of the Board who is
determined to be unable to fulfill the member's duties under
this section.
``(13) Meetings.--All meetings of the Board of Directors
shall be conducted in public and members of the general public
shall have access to such meetings. The Board shall record
minutes for each meeting and make such minutes available on the
Internet website of the Corporation. Two meetings shall be held
in Washington, DC, each year.
``(14) Notice to stakeholders.--The Board of Directors
shall establish a list of stakeholders in the Corporation and
shall, to the extent possible, provide to each individual on
the list notice of the meetings and agenda of the Board. If
providing such notice is not possible, the Board shall make
such notice publicly available on the Internet website of the
Corporation.''.
(b) Conforming Amendment.--Section 33(c)(6)(B) of the Small
Business Act (14 U.S.C. 657c(c)(6)(B)) is amended by striking ``by the
President''.
(c) Congressional Appointments.--Not later than 90 days after the
date of the enactment of this Act, two appointments shall be made under
subparagraph (B) of section 33(c)(2) of the Small Business Act, as
added by subsection (a). Upon the expiration of each the first two
terms of appointment of members of the Board of Directors of the
National Veterans Business Development Corporation that expire after
the date of the enactment of this Act, an additional appointment shall
be made under that subparagraph. | Inclusion of Veteran Service Organizations in the National Veterans Business Development Corporation Board Act - Amends Small Business Act provisions establishing a National Veterans Business Development Corporation (Corporation) to: (1) increase from 9 to 11 the number of Corporation voting members; (2) require the chairmen of the congressional small business and veterans' committees to appoint 4 of the 11 voting members, who shall be representatives of a congressionally chartered veterans' service organization or military service organization; (3) prohibit any member of the Corporation's Board of Directors from serving after the expiration of their term; (4) provide for the removal of Board members; (5) require all Board meetings to be public; and (6) require notification to Corporation stakeholders of Board meetings and agendas. | To amend the Small Business Act to improve the National Veterans Business Development Corporation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Latina Health Access Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of 2006, there are 18,000,000 Latinas residing in
the United States. The number of Latinas is expected to grow
considerably. It is estimated that by the year 2050, 1 out of
every 4 women in the United States will be a Latina.
(2) Latinas are particularly at risk for being uninsured.
37 percent of Latinas are uninsured, almost double the national
average.
(3) With respect to sexually transmitted diseases--
(A) the HIV infection rate is 7 times more for
Latinas than their white counterparts, and Latinas
represent 18 percent of new HIV infections among women;
(B) the AIDS case rate for Latinas is more than 5
times more than the rate for white women;
(C) the rate of chlamydia for Latinas is 4 times
more than the rate for white women; and
(D) among Latinas, the gonorrhea incidence is
nearly double that of white women.
(4) With respect to cancer--
(A) The national incidence rate for cervical cancer
in Latinas over the age of 30 is nearly double that of
non-Latinas;
(B) 1 in 12 Latinas nationwide will develop breast
cancer; and
(C) while white women have the highest rates of
breast cancer, Latinas have among the lowest rates of
breast cancer screening, diagnosis and treatment and,
as a result, are more likely to die from breast cancer
compared to white women.
(5) The prevalence of diabetes is at least 2 to 4 times
more among Latinas than among white women. More than 25 percent
of Latinas aged 65 to 74 have Type II diabetes.
(6) Heart disease is the main cause of death for all women,
and heart disease risk and death rates are higher among Latinas
partly because of higher rates of obesity and diabetes.
(7) Therefore, despite their growing numbers, Latinas
continue to face serious health concerns (including sexually
transmitted diseases, diabetes, and cancer) that are otherwise
preventable, or treatable, with adequate health access.
SEC. 3. HEALTH ACCESS FOR UNINSURED AND LOW-INCOME INDIVIDUALS.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--HEALTH ACCESS FOR UNINSURED AND LOW-INCOME INDIVIDUALS
``SEC. 2901. HEALTH CARE ACCESS FOR PREVENTABLE HEALTH PROBLEMS.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means--
``(1) a high-performing hospital or community health center
that serves medically underserved areas with large numbers of
uninsured and low-income individuals, such as Latina
populations;
``(2) a State or local government; or
``(3) a private nonprofit entity.
``(b) In General.--The Secretary shall award grants to eligible
entities to enable the eligible entities to provide programs and
activities that provide health care services to uninsured and low-
income individuals in medically underserved areas.
``(c) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Authorized Activities.--An eligible entity receiving a grant
under this section shall use grant funds to carry out programs and
activities that provide access to care for a full spectrum of
preventable and treatable health care problems in a culturally and
linguistically appropriate manner, including--
``(1) family planning services and information;
``(2) prenatal and postnatal care; and
``(3) assistance and services with respect to asthma,
cancer, HIV disease and AIDS, sexually transmitted diseases,
mental health, diabetes, and heart disease.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $18,000,000 for fiscal year 2007
and each succeeding fiscal year.
``SEC. 2902. FOCUS ON UNINSURED AND LOW-INCOME POPULATIONS.
``(a) Prioritizing Health Grants To Increase Funding Equity.--In
order to create a more diverse movement, cultivate new leaders, and
address health issues within medically underserved areas, the Secretary
shall, in awarding grants and other assistance under this Act, reserve
a portion of the grants and assistance for entities that--
``(1) represent medically underserved areas or populations
with a large number of uninsured and low-income individuals;
and
``(2) otherwise meet all requirements for the grant or
assistance.
``(b) Research Benefitting Populations With a Lack of Health
Data.--
``(1) Grants authorized.--From amounts appropriated under
paragraph (3) for a fiscal year, the Secretary shall award
grants to research institutions in order to enable the
institutions--
``(A) to conduct research on the health status of
populations for which there is an absence of health
data, such as the Latina population; or
``(B) to work with organizations that focus on
populations for which there is an absence of health
data, such as the Latina population, on developing
participatory community-based research methods.
``(2) Application.--A research institution desiring a grant
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $18,000,000 for
fiscal year 2007 and each of the succeeding fiscal years.
``SEC. 2903. EDUCATION AND OUTREACH.
``(a) Joint Effort for Health Outcomes.--In order to improve health
outcomes for uninsured and low-income individuals, the Secretary shall,
through a joint effort with health care professionals, health
advocates, and community-based organizations in medically underserved
areas, provide outreach, education, and delivery of comprehensive
health services to uninsured and low-income individuals in a culturally
competent manner.
``(b) Targeted Health Education Programs.--The Secretary shall
carry out a health education program targeted specifically to
populations of uninsured and low-income individuals, including the
Latina population, through community centered informational forums,
public service announcements, and media campaigns.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $18,000,000 for fiscal year 2007
and each succeeding fiscal year.''. | Latina Health Access Act - Amends the Public Health Service Act (PHSA) to require the Secretary of Health and Human Services to award grants for programs and activities that provide health care services to uninsured and low-income individuals in medically underserved areas. Directs that grant funds be used to care for a full spectrum of preventable and treatable health care problems in a culturally and linguistically appropriate manner, including through: (1) family planning services and information; (2) prenatal and postnatal care; and (3) assistance and services with respect to asthma, cancer, HIV disease and AIDS, sexually transmitted diseases, mental health, diabetes, and heart disease.
Requires the Secretary to reserve a portion of grants and assistance awarded under the PHSA for entities that represent medically underserved areas or populations with a large number of uninsured low-income individuals.
Directs the Secretary to award grants to research institutions to: (1) conduct research on the health status of populations for which there is an absence of health data, such as the Latina population; and (2) work with organizations that focus on such populations on developing participatory community-based research methods.
Requires the Secretary to: (1) provide outreach, education, and delivery of comprehensive health services to uninsured and low-income individuals in a culturally competent manner; and (2) carry out a health education program targeted specifically to such individuals through community centered informational forums, public service announcements, and media campaigns. | A bill to address the serious health care access barriers, and consequently higher incidences of disease, for low-income, uninsured populations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Infrastructure for Skilled
Employees Investment Act'' or the ``WISE Investment Act''.
SEC. 2. SMALL BUSINESS LIAISON PILOT PROGRAM.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(f) Small Business Liaison Pilot Program.--
``(1) Establishment of small business liaison pilot
program.--The Secretary may award competitive grants to local
boards, community colleges, and postsecondary vocational
institutions in States and outlying areas to promote local
economic growth and eliminate gaps between the workforce skills
available and the workforce skills needed in local areas or
regions.
``(2) Application.--To receive a grant under this
subsection a local board, community college, or postsecondary
vocational institution in a State or outlying area shall submit
to the Secretary an application in such manner, at such time,
and containing such information as the Secretary may require.
``(3) Specifications of grants.--
``(A) Time period.--A grant shall be used over a
36-month period.
``(B) Amount of grant.--In determining the amount
of a grant made under this subsection, the Secretary
may consider--
``(i) the ability of the grant applicant to
conduct outreach activities;
``(ii) the ability of the grant applicant
to conduct skills gap assessments;
``(iii) the extent to which the grant
applicant works with or, after implementing a
strategic skills gap action plan, plans to work
with small businesses within its local area or
region; and
``(iv) any other factor that the Secretary
deems appropriate.
``(C) Limitations.--
``(i) A recipient may not receive more than
one grant under this subsection.
``(ii) No grant under this subsection may
be for an amount more than $500,000.
``(iii) The Secretary shall, in determining
whether to award a grant, consider the
geographic diversity of grant recipients.
``(D) Use of funds.--
``(i) In general.--A local board, community
college, or postsecondary vocational
institution that receives a grant under this
subsection shall use the grant funds to pay for
a new or current employee to serve as liaison
to conduct activities described in clause (ii).
``(ii) Small & local business liaison.--The
liaison--
``(I) shall--
``(aa) prepare a strategic
action skills gap assessment;
``(bb) develop a strategic
skills gap action plan; and
``(cc) conduct any other
activity that the Secretary
deems appropriate for the
purposes of this subsection;
and
``(II) may--
``(aa) engage in outreach
in the local area or region;
``(bb) conduct business
site visits, interviews, and
assessments;
``(cc) consult in the
implementation of the skills
action plan;
``(dd) complete more than 1
skills gap action plan; and
``(ee) consult with the
local offices of the Small
Business Administration.
``(iii) Prohibition.--A grant received
under this subsection may not be used to
supplant existing funding or efforts.
``(E) Confidentiality of information.--The grant
recipient may not disclose the name, address, or
contact information of a business, employer, or other
person that provided information to the grant recipient
to compile information in the strategic skills gap
assessment or strategic skills gap action plan without
consent of such business, employer, or other person.
``(4) Reporting.--Each year, the Secretary shall report to
the Congress--
``(A) the number of grants awarded under this
subsection;
``(B) the recipients of grants awarded under this
subsection;
``(C) the activities carried out by each recipient
under paragraph (3)(D); and
``(D) an assessment describing--
``(i) the success of the program to promote
local economic growth and eliminate gaps
between the workforce skills available and the
workforce skills needed in local areas or
regions; and
``(ii) any recommendations for
reauthorization and expansion of the program
that the Secretary may have.
``(5) Definitions.--In this subsection:
``(A) Community college.--The term `community
college' has the meaning given the term in section
312(f) of the Higher Education Act of 1965 (20 U.S.C.
1058(f)).
``(B) Local area.--The term `local area' means the
labor market immediately surrounding or affected by a
local board, community college, or postsecondary
vocational institution.
``(C) Postsecondary vocational institution.--The
term `postsecondary vocational institution' has the
meaning given the term in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).
``(D) Region.--The term `region' means 2 or more
local areas that comprise a common labor market for an
industry sector of related occupations.
``(E) Strategic skills gap assessment.--The term
`strategic skills gap assessment' means an assessment
that--
``(i) identifies areas of current and
expected demand for labor and skills in a
specific industry sector of related occupations
that is--
``(I) producing jobs in the local
area or region involved;
``(II) developing emerging jobs in
the local area or region involved; or
``(III) suffering chronic worker
shortages;
``(ii) identifies the current and expected
supply of labor and skills in that sector or
group in the local area or region;
``(iii) identifies gaps between the current
and expected demand and supply of labor and
skills in that section or group in the local
area or region;
``(iv) contains the results of a survey or
focus group interviews of employers, labor
organizations, and other relevant individuals
and organizations in the local area or region;
and
``(v) contains data regarding--
``(I) specific employment
opportunities offered by industries in
the local area or region;
``(II) specific skills desired for
employment opportunities offered by
industries in the local area or region;
``(III) occupations and positions
in the local area or region that are
difficult to fill;
``(IV) specific skills desired for
occupations and positions in the local
area or region that are difficult to
fill;
``(V) areas of growth and decline
among industries and occupations in the
local area or region;
``(VI) specific skills desired for
areas of growth among industries and
occupations in the local area or
region; and
``(VII) specific inventories of
skills of unemployed or underemployed
individuals in the local area or
region.
``(F) Strategic skills gap action plan.--The term
`strategic skills gap action plan' means a plan based
on the strategic skills gap assessment that--
``(i) identifies--
``(I) specific barriers to adequate
supply of labor and skills in demand in
a specific industry sector of related
occupations that is producing jobs in
the local area or region; and
``(II) activities that will remove
or alleviate the barriers described in
subclause (I) that could be undertaken
by the local board, community college,
or postsecondary vocational
institution;
``(ii) specifies how the local board,
community college, or postsecondary vocational
institution may integrate the activities
described in clause (i) within the local area
or region; and
``(iii) identifies resources and strategies
that may be used in the local area or region to
address the skills gaps for both unemployed and
employed workers in that industry sector.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this subsection.''. | Workforce Infrastructure for Skilled Employees Investment Act or WISE Investment Act - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to award competitive grants to local boards, community colleges, and postsecondary vocational institutions to promote local economic growth and eliminate gaps between the workforce skills available and the workforce skills needed with respect to small businesses in local areas or regions. | To amend the Workforce Investment Act of 1998 to provide for the establishment of the Small Business Liaison Pilot Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Research Investment Act of
1997''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) for fiscal year 1965, 5.7 percent of the Federal budget
was expended for nondefense research and development
activities;
(2) for fiscal year 1997, the percentage of the Federal
budget allocated for nondefense research and development
activities is 1.9 percent, which is 67 percent less than the
percentage in fiscal year 1965;
(3) for the first time in 25 years during the period
beginning with fiscal year 1992 and ending with fiscal year
1995, the amount of funds expended by the Federal Government on
research (expressed in real dollars) declined each year;
(4) during the period beginning with fiscal year 1970, and
ending with fiscal year 1995, the United States had not, during
any fiscal year, expended an amount for nondefense research and
development activities, that, expressed as a percentage of the
Gross Domestic Product, was greater than or equal to the
percentage expended by Japan or Germany for that fiscal year;
and
(5) an increased level of investment in basic science and
medical research by the Federal Government is essential to
maintaining the position of the United States as the
technological leader of the world.
(b) Purposes.--The purposes of this Act are as follows:
(1) To double the annual authorized amount of Federal
funding for basic science and medical research over the 10-year
period following the date of enactment of this Act, so that the
amount of Federal funding for fiscal year 2007 is equal to
$65,000,000,000.
(2) To restore the high priority that science and
technology had previously been afforded in the Federal budget.
(3) To invest in the future of the United States and the
people of the United States by expanding the research
activities referred to in paragraph (1).
(4) To enhance the quality of life for all the people of
the United States.
(5) To guarantee the leadership of the United States in
science and medicine.
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Funds for Covered Research and Development Defined.--For
purposes of this section, the term ``funds for covered research and
development'' means--
(1) any funds made available by appropriations for--
(A) the National Science Foundation;
(B) the National Aeronautics and Space
Administration;
(C) the National Oceanic and Atmospheric
Administration of the Department of Commerce;
(D) the National Institute for Standards and
Technology of the Department of Commerce; and
(E) the National Institutes of Health of the
Department of Health and Human Services;
(2) any funds made available by appropriations for use for
research and development activities (as that term is used in
the most recent applicable appropriations Act with respect to a
Federal Agency) for basic science or medical research--
(A) by the Centers for Disease Control of the
Department of Health and Human Services;
(B) by the Department of Energy (to the extent that
the activities are not defense-related activities);
(C) by the Department of Agriculture;
(D) by the Department of Veterans Affairs;
(E) by the Smithsonian Institution; and
(F) by the Department of Education; and
(3) any funds made available by appropriations to the
Environmental Protection Agency for science and technology
activities for basic science or medical research.
(b) Authorization of Appropriations.--
(1) In general.--Subject to the limitations under paragraph
(2), there are authorized to be appropriated as funds for
covered research and development--
(A) for fiscal year 1998, $35,750,000,000, of which
$14,025,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(B) for fiscal year 1999, $39,000,000,000, of which
$15,300,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(C) for fiscal year 2000, $42,250,000,000, of which
$16,575,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(D) for fiscal year 2001, $45,500,000,000, of which
$17,850,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(E) for fiscal year 2002, $48,750,000,000, of which
$19,125,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(F) for fiscal year 2003, $52,000,000,000, of which
$20,400,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(G) for fiscal year 2004, $55,250,000,000, of which
$21,675,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(H) for fiscal year 2005, $58,500,000,000, of which
$22,950,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services;
(I) for fiscal year 2006, $61,750,000,000, of which
$24,225,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services; and
(J) for fiscal year 2007, $65,000,000,000, of which
$25,500,000,000 shall be used by the National
Institutes of Health of the Department of Health and
Human Services.
(2) Limitations.--
(A) Development of public information.--In using
funds made available under this section, the
appropriate officials shall take such action as may be
necessary to ensure that priority is given to basic
scientific research that has the purpose of developing
scientific information to be available to the general
public.
(B) Use of funds.--No funds made available pursuant
to the authorization under this subsection may be used
for commercial purposes, except that such funds may
only be used for precompetitive research and
development for technology.
(C) Peer review.--In allocating funds made
available under this section, the appropriate officials
shall take such action as may be necessary to ensure
that a peer review system is used.
SEC. 4. COMPLIANCE WITH DISCRETIONARY CAPS.
Notwithstanding any other provision of law, no funds may be made
available under this Act in a manner that does not conform with the
discretionary spending caps provided in the most recently adopted
concurrent resolution on the budget. | National Research Investment Act of 1997 - States purposes of this Act, including to double the annual authorized amount of Federal funding for basic science and medical research over the ten-year period following enactment of this Act.
Authorizes appropriations for covered research and development for FY 1998 through 2007 to be used by the National Institutes of Health of the Department of Health and Human Services. Sets forth limitations on the use of such funds. | National Research Investment Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Ambulance Reimbursement
Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Medicare & Medicaid Services in both
its proposed and final calendar year 2015 physician fee
schedule rules made adjustments to the geographic area
designations used to calculate payments for ambulance providers
and suppliers and misidentified the number of zip code
designations that would be impacted by the change.
(2) On July 11, 2014, the Centers for Medicare & Medicaid
Services published a proposal (79 FR 40375) informing the
public that no zip codes in the State of California, only two
zip codes in the State of Louisiana, and only one zip code in
the State of Texas would be changed based on the Office of
Management and Budget's revised delineations and updated Rural-
Urban Commuting Area codes.
(3) After publication of the zip code proposal, the public
had 60 days to submit comments, per the requirements of the
Administration Procedures Act.
(4) On November 13, 2014, the Centers for Medicare &
Medicaid Services published a final regulation (79 FR 67748)
informing the public, for the first time, that 3.45 percent of
zip codes (or 94 zip codes) in the State of California, 13.67
percent of zip codes (or 101 zip codes) in the State of
Louisiana, 5.96 percent of zip codes (or 155 zip codes) in the
State of Texas, and 7.1 percent of zip codes (or 35 zip codes)
in the State of Oregon would change based on the Office of
Management and Budget's revised delineations of the Rural-Urban
Commuting Area codes.
(5) This change from the data that was published in the
proposed rule to the data that was published in the final rule
did not afford the public proper notice and comment and
therefore is an apparent violation of the Administration
Procedures Act.
(6) Further, the corrected final list of zip code changes
was not posted until December 4, 2014, less than a month before
the new policy was implemented on January 1, 2015, giving
ambulance providers and suppliers insufficient time to prepare
for the change in reimbursement.
(7) The Centers for Medicare & Medicaid Services also did
not provide an impact analysis or certification determining
whether there is a significant economic impact on small
entities, as required by law.
(8) These changes will result in nearly 9 percent cut in
reimbursement under the Medicare program for transports
originating in areas losing rural status.
SEC. 3. SUSPENSION OF IMPLEMENTATION OF RURAL TO URBAN ZIP CODE
RECLASSIFICATIONS FOR MEDICARE PAYMENT FOR AMBULANCE
SERVICES.
(a) Suspension of Rural to Urban Zip Code Reclassifications.--Not
later than July 1, 2015, the Secretary of Health and Human Services
shall issue a notice suspending through December 31, 2015, the
implementation of the reclassification of rural to urban zip codes for
payment for ambulance services under the fee schedule under section
1834(l) of the Social Security Act (42 U.S.C. 1395m(l)), as contained
in the final rule published by the Centers for Medicare & Medicaid
Services in the Federal Register on November 13, 2014 (76 Fed. Reg.
67744 through 67750). The Secretary shall ensure, subject to subsection
(d)(1), that claims for payment under the fee schedule under section
1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance
services furnished during 2015 (beginning on July 1, 2015) are paid as
if the reclassification of rural to urban zip codes applied under such
final rule were the classification of zip codes applied the day before
the effective date of such final rule.
(b) Reclassifications Pursuant to Notice and Comment Rulemaking.--
Not later than November 1, 2015, the Secretary of Health and Human
Services shall, through notice and comment rulemaking, reclassify rural
to urban zip codes for payment under the fee schedule under section
1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) for ambulance
services furnished on or after January 1, 2016, taking into account the
revised geographic delineations of the Office of Management and Budget,
as described in the February 28, 2013 Office of Management and Budget
Bulletin No. 13-01.
(c) Treatment of 2015 Claims; Budget Neutrality.--
(1) Treatment of 2015 claims.--Nothing in this section, or
the amendment made by this section, shall be construed as
instructing the Secretary of Health and Human Services to re-
process any claims for payment under the fee schedule under
section 1834(l) of the Social Security Act (42 U.S.C. 1395m(l))
for ambulance services furnished during 2015.
(2) Budget neutrality.--
(A) Determining affect of 2015 suspension.--The
Secretary of Health and Human Services shall estimate
the amount, if any, by which--
(i) the aggregate amount of payments under
the fee schedule under section 1834(l) of the
Social Security Act (42 U.S.C. 1395m(l)) for
ambulance services furnished during 2015 after
application of subsection (a), exceeds
(ii) the aggregate amount of payments that
would have been made under such fee schedule
for such services furnished during such year if
subsection (a) had not been enacted.
(B) Adjustments in 2016.--If the Secretary
estimates the amount under clause (i) of subparagraph
(A) exceeds the amount described in clause (ii) of such
subparagraph, the Secretary shall, through notice and
comment rulemaking, adjust payments under the fee
schedule under section 1834(l) of the Social Security
Act (42 U.S.C. 1395m(l)) for ambulance services (other
than air ambulance services) furnished during 2016 such
that the total amount of such adjustments is equal to
the amount by which the amount described in such clause
(i) exceeds the amount described in such clause (ii). | Fairness in Ambulance Reimbursement Act of 2015 This bill directs the Secretary of Health and Human Services to suspend through December 31, 2015, implementation of the reclassification of rural to urban zip codes for payments under the fee schedule for ambulance services, as contained in the final rule published in the Federal Register by the Centers for Medicare & Medicaid Services on November 13, 2014. The Secretary is required to ensure that claims for ambulance services furnished on or after July 1, 2015, are paid according to the classification of zip codes applied the day before the effective date of that final rule. The Secretary must reclassify rural to urban zip codes for payment for ambulance services furnished on or after January 1, 2016, taking into account specified revised geographic delineations of the Office of Management and Budget. Payments for ambulance services (other than air ambulance services) furnished during 2016 must be adjusted according to a certain formula to achieve budget-neutral results. | Fairness in Ambulance Reimbursement Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Fraud Against Seniors
Act''.
SEC. 2. CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR
VICTIMS OF TELEMARKETING FRAUD.
(a) Centralized Service.--
(1) Requirement.--The Federal Trade Commission shall, after
consultation with the Attorney General, establish procedures
to--
(A) log and acknowledge the receipt of complaints
by individuals who certify that they have a reasonable
belief that they have been the victim of fraud in
connection with the conduct of telemarketing (as that
term is defined in section 2325 of title 18, United
States Code, as amended by subsection (d) of this
section);
(B) provide to individuals described in
subparagraph (A), and to any other persons, information
on telemarketing fraud, including--
(i) general information on telemarketing
fraud, including descriptions of the most
common telemarketing fraud schemes;
(ii) information on means of referring
complaints on telemarketing fraud to
appropriate law enforcement agencies, including
the Director of the Federal Bureau of
Investigation and the Attorney General; and
(iii) information, if available, on the
number of complaints of telemarketing fraud
against particular companies and any record of
convictions for telemarketing fraud by
particular companies for which a specific
request has been made; and
(C) refer complaints described in subparagraph (A)
to appropriate entities, including State consumer
protection agencies or entities and appropriate law
enforcement agencies, for potential law enforcement
action.
(2) Central location.--The service under the procedures
under paragraph (1) shall be provided at and through a single
site selected by the Commission for that purpose.
(3) Commencement.--The Commission shall commence carrying
out the service not later than 1 year after the date of
enactment of this Act.
(b) Creation of Fraud Conviction Database.--
(1) Requirement.--The Attorney General shall establish and
maintain a computer database containing information on the
corporations and companies convicted of offenses for
telemarketing fraud under Federal and State law. The database
shall include a description of the type and method of the fraud
scheme for which each corporation or company covered by the
database was convicted.
(2) Use of database.--The Attorney General shall make
information in the database available to the Federal Trade
Commission for purposes of providing information as part of the
service under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
(d) Expansion of Scope of Telemarketing Fraud Subject to Enhanced
Criminal Penalties.--Section 2325(1) of title 18, United States Code,
is amended by striking ``telephone calls'' and inserting ``wire
communications utilizing a telephone service''.
SEC. 3. ENHANCED CRIMINAL PENALTIES IN CONNECTION WITH MASS MARKETING.
Section 2326 of title 18, United States Code, is amended--
(1) by striking ``A person'' and inserting the following:
``(a) In General.--A person'';
(2) by inserting ``or mass marketing'' after
``telemarketing''; and
(3) by adding at the end the following:
``(b) Mass Marketing Defined.--In this section, the term `mass
marketing' means a plan, program, promotion, or campaign that is
conducted through solicitation by telephone, mail, the Internet, or
other means to induce a large number of persons to--
``(1) purchase goods or services:
``(2) participate in a contest or sweepstakes; or
``(3) invest for financial profit.''.
SEC. 4. ADDITIONAL FUNDING TO COMBAT FRAUD.
(a) In General.--There is authorized to be appropriated to the
Bureau of Consumer Protection of the Federal Trade Commission
$20,000,000 for each fiscal year to combat telemarketing and mass
marketing fraud, of which not less than $5,000,000 shall be used in
each fiscal year to combat telemarketing and mass marketing fraud
against the elderly.
(b) Definitions.--In this section--
(1) the term ``mass marketing'' has the meaning given the
term in section 2326 of title 18, United States Code, as
amended by this Act; and
(2) the term ``telemarketing'' has the meaning given the
term in section 2325 of title 18, United States Code, as
amended by this Act. | Directs the Attorney General to: (1) establish and maintain a computer database of corporations and companies convicted of telemarketing fraud; and (2) make such information available to the FTC.
Amends the Federal criminal code to: (1) include all wire communications utilizing a telephone service (currently, telephone calls) within the scope of telemarketing fraud subject to criminal penalties; and (2) include actions in connection with mass marketing within the scope of such penalties. | Combating Fraud Against Seniors Act |
SECTION 1. CONSUMER RENEWABLE CREDIT.
(a) Business Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 45S. CONSUMER RENEWABLE CREDIT.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible taxpayer, the consumer renewable credit for any taxable year
is an amount equal to the product of--
``(1) the renewable portfolio factor of such eligible
taxpayer, and
``(2) subject to subsection (e), the number of kilowatt
hours of renewable electricity--
``(A) purchased or produced by such taxpayer, and
``(B) sold by such taxpayer to a retail customer
during the taxable year.
``(b) Renewable Portfolio Factor.--In the case of taxable years
beginning before January 1, 2019, the renewable portfolio factor for an
eligible taxpayer shall be determined as follows:
------------------------------------------------------------------------
Renewable
``Renewable electricity percentage: portfolio factor:
------------------------------------------------------------------------
Less than 6 percent................................ zero cents
At least 6 percent but less than 8 percent......... 0.1 cents
At least 8 percent but less than 12 percent........ 0.2 cents
At least 12 percent but less than 16 percent....... 0.3 cents
At least 16 percent but less than 20 percent....... 0.4 cents
At least 20 percent but less than 24 percent....... 0.5 cents
Equal to or greater than 24 percent................ 0.6 cents.
------------------------------------------------------------------------
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means an electric utility, as defined in section 3(22) of the
Federal Power Act (16 U.S.C. 796(22)).
``(2) Renewable electricity.--The term `renewable
electricity' means electricity generated by any facility using
wind or solar energy to generate such electricity.
``(3) Renewable electricity percentage.--The term
`renewable electricity percentage' means the percentage of an
eligible taxpayer's total sales of electricity to retail
customers which is derived from renewable electricity
(determined without regard to whether such electricity was
produced by the taxpayer).
``(4) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1), (3), and
(5) of section 45(e) shall apply.
``(5) Credit allowed only with respect to one eligible
entity.--No credit shall be allowed under subsection (a) with
respect to renewable electricity purchased from another
eligible entity if a credit has been allowed under this section
to such other eligible entity.
``(d) Coordination With Payments.--The amount of the credit
determined under this section with respect to any electricity shall be
reduced to take into account any payment provided with respect to such
electricity solely by reason of the application of section 6433.
``(e) Renewable Electricity Enhancement.--
``(1) Native american wind and solar.--In the case of
renewable electricity generated by a wind or solar energy
facility which is located on an Indian reservation (as defined
in section 168(j)(6)), the number of kilowatt hours of such
renewable electricity shall, for purposes of subsection (a)(2),
be equal to 200 percent of the kilowatt hours of such renewable
electricity actually purchased or produced and sold during the
taxable year.
``(2) Electric cooperative wind and solar.--In the case of
renewable electricity generated by a wind or solar energy
facility which is wholly owned by a mutual or cooperative
electric company (as described in section 501(c)(12) or
1381(a)(2)(C)), the number of kilowatt hours of such renewable
electricity shall, for purposes of subsection (a)(2), be equal
to 150 percent of the kilowatt hours of such renewable
electricity actually purchased or produced and sold during the
taxable year.''.
(2) Credit made part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(37) the consumer renewable credit determined under
section 45S(a).''.
(3) Specified credit.--Subparagraph (B) of section 38(c)(4)
of the Internal Revenue Code of 1986 is amended by
redesignating clauses (vii) through (ix) as clauses (viii)
through (x), respectively, and by inserting after clause (v)
the following new clause:
``(vi) the credit determined under section
45S.''.
(4) Clerical amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 45S. Consumer renewable credit.''.
(b) Payments in Lieu of Credit.--
(1) In general.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new section:
``SEC. 6433. CONSUMER RENEWABLE CREDIT PAYMENTS.
``(a) In General.--If any eligible person sells renewable
electricity to a retail customer, the Secretary shall pay (without
interest) to any such person who elects to receive a payment an amount
equal to the product of--
``(1) the intermittent renewable portfolio factor of such
eligible person, and
``(2) the number of kilowatt hours of renewable
electricity--
``(A) purchased or produced by such person, and
``(B) sold by such person in the trade or business
of such person to a retail customer.
``(b) Timing of Payments.--
``(1) In general.--Except as provided in paragraph (2),
rules similar to the rules of section 6427(i)(1) shall apply
for purposes of this section.
``(2) Quarterly payments.--
``(A) In general.--If, at the close of any quarter
of the taxable year of any person (or, in the case of
an eligible person that does not have a taxable year,
the close of any quarter of the fiscal year), at least
$750 is payable in the aggregate under subsection (a),
to such person with respect to electricity purchased or
produced during--
``(i) such quarter, or
``(ii) any prior quarter (for which no
other claim has been filed) during such year,
a claim may be filed under this section with respect to
such electricity.
``(B) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed on or
before the last day of the first quarter following the
earliest quarter included in the claim.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible person.--The term `eligible person' means--
``(A) an electric utility, as defined in section
3(22) of the Federal Power Act (16 U.S.C. 796(22)), or
``(B) a Federal power marketing agency, as defined
in section 3(19) of such Act (16 U.S.C. 796(19)).
``(2) Other definitions.--Any term used in this section
which is also used in section 45S shall have the meaning given
such term under section 45S.
``(3) Application of other rules.--For purposes of this
section, rules similar to the rules of paragraphs (1) and (3)
of section 45(e) shall apply.
``(d) Payment Disallowed Unless Amount Passed to Third-Party
Generators Charged for Integration Costs.--
``(1) In general.--In the case of renewable electricity
eligible for the payment under subsection (a) that is purchased
and not produced by an eligible person, no payment shall be
made under this section unless any charge the eligible person
has assessed the seller to recover the integration costs
associated with such electricity has been reduced (but not
below zero) to the extent of the payment received under
subsection (a) associated with such electricity.
``(2) Definitions.--For purposes of paragraph (1), charges
intended to recover integration costs do not include amounts
paid by the producer of the electricity for interconnection
facilities, distribution upgrades, network upgrades, or stand
alone network upgrades as those terms have been defined by the
Federal Energy Regulatory Commission in its Standard
Interconnection Procedures.
``(e) Payment Allowed for Special Generating and Transmitting
Entities.--
``(1) In general.--Notwithstanding subsection (a)(2), a
special generating and transmitting entity shall be eligible
for payment under subsection (a) based on the number of
kilowatt hours of renewable electricity transmitted, regardless
of whether such entity purchased or sold such electricity to
retail customers.
``(2) Definition.--For purposes of this subsection, the
term `special generating and transmitting entity' means--
``(A) an entity which is--
``(i) primarily engaged in marketing
electricity,
``(ii) provides transmissions services for
greater than 4,000 megawatts of renewable
electricity generating facilities, as
determined by reference to the machine or
nameplate capacity thereof, and
``(iii) transmits the majority of such
renewable electricity to customers located
outside of the region that it serves, or
``(B) a generation and transmission cooperative
which engages primarily in providing wholesale electric
services to its members (generally consisting of
distribution cooperatives).''.
(2) Clerical amendment.--The table of sections for subpart
B of chapter 65 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
``Sec. 6433. Consumer renewable credit payments.''.
(c) Effective Date.--The amendments made by this section shall
apply to electricity produced or purchased and sold after December 31,
2013, and before January 1, 2019.
SEC. 2. DELAY IN APPLICATION OF WORLDWIDE INTEREST.
(a) In General.--Paragraphs (5)(D) and (6) of section 864(f) of the
Internal Revenue Code of 1986 are each amended by striking ``December
31, 2020'' and inserting ``December 31, 2022''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to allow, through December 31, 2018: (1) a new business-related tax credit for sales by an electric utility of renewable electricity generated by a facility using wind or solar energy to a retail customer; and (2) payments to such utilities, in lieu of such tax credit, for sales of renewable electricity to retail customers. Delays, until 2023, the application of rules relating to the allocation and apportionment of the interest expense of domestic corporations that are members of a worldwide affiliated group. | A bill to amend the Internal Revenue Code of 1986 to provide a consumer renewable credit for a utility that sells renewable power, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Steve Grissom
Relief Fund Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RELIEF FUND
Sec. 101. Steve Grissom relief fund.
Sec. 102. Compassionate payments.
Sec. 103. Determination and payment.
Sec. 104. Limitation on transfer of rights and number of petitions.
Sec. 105. Time limitation.
Sec. 106. Certain claims not affected by payment.
Sec. 107. Definitions.
TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM
Sec. 201. Treatment of certain payments under the SSI program.
TITLE I--RELIEF FUND
SEC. 101. STEVE GRISSOM RELIEF FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Steve Grissom Relief
Fund'', which shall be administered by the Secretary of the Treasury.
(b) Investment of Amounts in Fund.--Amounts in the Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on and proceeds from any such investment shall
be credited to and become part of the Fund.
(c) Availability of Fund.--Amounts in the Fund shall be available
only for disbursement by the Secretary of Health and Human Services
under section 103.
(d) Termination.--The Fund shall terminate upon the expiration of
the 5-year period beginning on the date of the enactment of this Act.
If all of the amounts in the Fund have not been expended by the end of
the 5-year period, investments of amounts in the Fund shall be
liquidated, the receipts of such liquidation shall be deposited in the
Fund, and all funds remaining in the Fund shall be deposited in the
miscellaneous receipts account in the Treasury of the United States.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund such sums as may be necessary to carry out
this title.
SEC. 102. COMPASSIONATE PAYMENTS.
(a) In General.--If the conditions described in subsection (b) are
met and if there are sufficient amounts in the Fund to make each
payment, the Secretary shall make a single payment of $100,000 from the
Fund to any individual who has an HIV infection, or who is diagnosed
with AIDS, and who is described in one of the following paragraphs:
(1) The individual was treated with HIV contaminated blood
transfusion, HIV contaminated blood components, HIV
contaminated human tissue, or HIV contaminated organs
(excluding Anti-hemophiliac Factor) in the United States during
the period beginning on July 1, 1982, and ending on December
31, 1987.
(2) The individual--
(A) is the lawful spouse of an individual described
in paragraph (1); or
(B) is the former lawful spouse of an individual
described in paragraph (1) and was the lawful spouse of
the individual at any time after a date, within the
period described in such subparagraph, on which the
individual was treated as described in such paragraph
and through medical documentation can assert reasonable
certainty of transmission of HIV from individual
described in paragraph (1).
(3) The individual acquired the HIV infection through
perinatal transmission from a parent who is an individual
described in paragraph (1) or (2).
(b) Conditions.--The conditions described in this subsection are,
with respect to an individual, as follows:
(1) Submission of medical documentation of hiv infection.--
(A) In general.--The individual submits to the
Secretary written medical documentation that
demonstrates that--
(i) the individual has (or had) an HIV
infection;
(ii) in the case of an individual described
in subsection (a)(1), the individual was
treated with a blood transfusion, blood
components, human tissue, or organs (excluding
anti-hemophiliac Factor) provided by a medical
professional in the United States during the
period described in such subsection;
(iii) prior to the treatment described in
subparagraph (B), there was no evidence of HIV
infection with respect to the individual
involved; and
(iv) a comprehensive physical examination,
or HIV testing, was conducted after the
treatment described in subparagraph (B) and
reveals evidence of HIV infection, and that
evidence, together with other medical records,
indicates the probable transmission of the HIV
to the individual through such treatment.
(B) Waivers.--The Secretary may waive the
requirements of subparagraph (A) with respect to an
individual if the Secretary determines that the
individual is unable to provide the documentation
required under such subparagraph because the documents
involved were destroyed or otherwise made unavailable
as a result of the occurrence a natural disaster or
other circumstance beyond the control of the individual.
(2) Petition.--A petition for the payment is filed with the
Secretary by or on behalf of the individual.
(3) Determination.--The Secretary determines, in accordance
with section 103(b), that the petition meets the requirements
of this title.
(4) Fraud.--Any individual who--
(A) knowingly and willfully makes or causes to be
made any false statement or representation of a
material fact in connection with any documentation
provided under this subsection; or
(B) having knowledge of the occurrence of any event
affecting his or her initial or continued right to any
payment under this title conceals or fails to disclose
such event with an intent fraudulently to secure such
payment;
shall be fined not more than $100,000 or imprisoned for not
more than 5 years, or both.
SEC. 103. DETERMINATION AND PAYMENT.
(a) Establishment of Filing Procedures.--The Secretary of Health
and Human Services shall establish procedures under which individuals
may submit petitions for payment under this title. The procedures shall
include a requirement that each petition filed under this Act include
written medical documentation that the relevant individual described in
section 102(a)(1) received the treatment described in such section.
(b) Determination.--For each petition filed under this title, the
Secretary shall determine whether the petition meets the requirements
of this title.
(c) Payment.--
(1) In general.--To the extent there are sufficient amounts
in the Fund to cover each payment, the Secretary shall pay,
from the Fund, each petition that the Secretary determines
meets the requirements of this title in the order received.
(2) Payments in case of deceased individuals.--
(A) In general.--In the case of an individual
referred to in section 102(a) who was diagnosed with
AIDS and who is deceased at the time that payment is
made under this section on a petition filed by or on
behalf of the individual, the payment shall be made as
follows:
(i) If the individual is survived by a
spouse who is living at the time of payment,
the payment shall be made to such surviving
spouse.
(ii) If the individual is not survived by a
spouse described in clause (i), the payment
shall be made in equal shares to all children
of the individual who are living at the time of
the payment.
(iii) If the individual is not survived by
a person described in clause (i) or (ii), the
payment shall be made in equal shares to the
parents of the individual who are living at the
time of the payment.
(iv) If the individual is not survived by a
person described in clause (i), (ii), or (iii),
the payment shall revert back to the Fund.
(B) Filing of petition by survivor.--If an
individual eligible for payment under section 102(a)
dies before filing a petition under this title, a
survivor of the individual may file a petition for
payment under this title on behalf of the individual if
the survivor may receive payment under subparagraph
(A).
(C) Definitions.--For purposes of this paragraph:
(i) Spouse.--The term ``spouse'' means an
individual who was lawfully married to the
relevant individual at the time of death.
(ii) Child.--The term ``child'' includes a
recognized natural child, a stepchild who lived
with the relevant individual in a regular
parent-child relationship, and an adopted
child.
(iii) Parent.--The term ``parent'' includes
fathers and mothers through adoption.
(3) Timing of payment.--The Secretary may not make a
payment on a petition under this title before the expiration of
the 120-day period beginning on the date of the enactment of
this Act or after the expiration of the 5-year period beginning
on the date of the enactment of this Act.
(d) Action on Petitions.--The Secretary shall complete the
determination required by subsection (b) regarding a petition not later
than 120 days after the date the petition is filed under this title.
(e) Humanitarian Nature of Payment.--This Act does not create or
admit any claim of or on behalf of the individual against the United
States or against any officer, employee, or agent thereof acting within
the scope of employment or agency that relate to an HIV infection
arising from a treatment described in section 102(a)(1), at any time
during the period beginning on July 1, 1982, and ending on December 31,
1987. A payment under this Act shall, however, when accepted by or on
behalf of the individual, be in full satisfaction of all such claims by
or on behalf of that individual.
(f) Termination of Duties of Secretary.--The duties of the
Secretary under this section shall cease when the Fund terminates.
(g) Treatment of Payments Under Other Laws.--A payment under
subsection (c)(1) to an individual--
(1) shall be treated for purposes of the Internal Revenue
Code of 1986 as damages described in section 104(a)(2) of such
Code;
(2) shall not be included as income or resources for
purposes of determining the eligibility of the individual to
receive benefits described in section 3803(c)(2)(C) of title
31, United States Code, or the amount of such benefits, and
such benefits shall not be secondary to, conditioned upon
reimbursement from, or subject to any reduction because of
receipt of, any such payment; and
(3) shall not be treated as a third party payment or
payment in relation to a legal liability with respect to such
benefits and shall not be subject (whether by subrogation or
otherwise) to recovery, recoupment, reimbursement, or
collection with respect to such benefits (including the Federal
or State governments or any entity that provides such benefits
under a contract).
(h) Regulatory Authority.--The Secretary may issue regulations
necessary to carry out this title.
(i) Time of Issuance of Procedures.--The Secretary shall, through
the promulgation of appropriate regulations, guidelines, or otherwise,
first establish the procedures to carry out this title not later than
120 days after the date of the enactment of this Act.
SEC. 104. LIMITATION ON TRANSFER OF RIGHTS AND NUMBER OF PETITIONS.
(a) Rights Not Assignable or Transferable.--Any right under this
title shall not be assignable or transferable.
(b) One Petition With Respect to Each Victim.--With respect to each
individual described in paragraph (1), (2), or (3) of section 102(a),
the Secretary may not make payment with respect to more than one
petition filed in respect to an individual.
SEC. 105. TIME LIMITATION.
The Secretary may not make any payment with respect to any petition
filed under this title unless the petition is filed within 5 years
after the date of the enactment of this Act.
SEC. 106. CERTAIN CLAIMS NOT AFFECTED BY PAYMENT.
A payment made under section 103(c)(1) shall not be considered as
any form of compensation, or reimbursement for a loss, for purposes of
imposing liability on the individual receiving the payment, on the
basis of such receipt, to repay any insurance carrier for insurance
payments or to repay any person on account of worker's compensation
payments. A payment under this title shall not affect any claim against
an insurance carrier with respect to insurance or against any person
with respect to worker's compensation.
SEC. 107. DEFINITIONS.
For purposes of this title:
(1) AIDS.--The term ``AIDS'' means acquired immune
deficiency syndrome.
(2) Fund.--The term ``Fund'' means the Steve Grissom Relief
Fund.
(3) HIV.--The term ``HIV'' means human immunodeficiency
virus.
(4) Secretary.--Unless otherwise provided, the term
``Secretary'' means Secretary of Health and Human Services.
TITLE II--TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM
SEC. 201. TREATMENT OF CERTAIN PAYMENTS UNDER THE SSI PROGRAM.
(a) In General.--Notwithstanding any other provision of law, the
payments described in subsection (b) shall not be considered income or
resources in determining eligibility for, or the amount of supplemental
security income benefits under title XVI of the Social Security Act.
(b) Government Payments Described.--The payments described in this
subsection are payments made from the Fund established pursuant to
section 101 of this Act. | Steve Grissom Relief Fund Act of 2002 - Establishes the Steve Grissom Relief Fund in the Treasury. Directs the Secretary of Health and Human Services to make single payments to individuals infected with HIV or diagnosed with AIDS as a result of HIV- contaminated blood, blood components, human tissue or organs. Includes lawful spouses, as specified.Sets forth documentation, petition, determination, and payment procedures. States that such payments do not create or admit any claim or constitute income for income tax, supplemental security income benefits, and other purposes.Prohibits the assignment or transfer of rights under this title. Limits petitions to one per victim. Terminates the program after five years.Excludes payments from consideration as compensation or reimbursement for a loss as it concerns insurance or worker's compensation. | A bill to provide for compassionate payments with regard to individuals who contracted the human immunodeficiency virus due to provision of a contaminated blood transfusion, and for other purposes. |
SECTION 1. REVISION OF CONDITIONS OF PAYMENT RELATING TO ANESTHESIA
SERVICES FURNISHED BY CERTIFIED REGISTERED NURSE
ANESTHETISTS.
(a) Promulgation of Revised Regulations.--The Secretary of Health
and Human Services shall revise any regulations describing the
conditions under which payment may be made for anesthesia services
under the medicare program so that--
(1) payment may be made for anesthesia services furnished
in a hospital or an ambulatory surgical center by a certified
registered nurse anesthetist who is permitted to administer
anesthesia under the law of the State in which the service is
furnished; and
(2) the conditions under which payment may be made for a
physician service consisting of the medical direction or
medical supervision of a certified registered nurse
anesthetist--
(A) shall not restrict such nurse anesthetists
working with anesthesiologists from performing all the
components of the anesthesia service that such nurse
anesthetists are legally authorized to perform in the
State in which the service is furnished; and
(B) shall prevent fraud and abuse in payment for
the services by requiring that the physician providing
medical direction or medical supervision must be
physically present in the facility where the certified
registered nurse anesthetist's services are performed
and must be available in a timely manner for
consultation or assistance if indicated.
(b) Consultation Required.--The Secretary shall revise the
regulations referred to in subsection (a)(2) only after consultation
with representatives from professional associations of certified
registered nurse anesthetists and anesthesiologists.
(c) Effective Dates.--
(1) In general.--The revisions to the regulations referred
to in subsection (a) shall apply to anesthesia services
furnished on or after January 1, 1995.
(2) Termination of regulations on medical direction or
supervision.--The revised regulations referred to in subsection
(a)(2) shall not apply to services furnished on or after
January 1, 1998.
SEC. 2. ENSURING PAYMENT FOR PHYSICIAN AND CERTIFIED REGISTERED NURSE
ANESTHETIST FOR JOINTLY FURNISHED ANESTHESIA SERVICES.
(a) Payment for Jointly Furnished Single Case.--
(1) Payment to physician.--Section 1848(a)(4) of the Social
Security Act (42 U.S.C. 1395w-4(a)(4)), as added by section
13516(a) of the Omnibus Budget Reconciliation Act of 1993
(hereafter referred to as ``OBRA-1993''), is amended by adding
at the end the following new subparagraph:
``(C) Payment for single case.--
``(i) In general.--Notwithstanding section
1862(a)(1)(A), if--
``(I) physicians' services
consisting of the furnishing of
anesthesia services for a single case
are furnished jointly with a certified
registered nurse anesthetist, and
``(II) the carrier determines that
the use of both the physician and the
certified registered nurse anesthetist
was not medically necessary,
the fee schedule amount for the physicians'
services shall be equal to the applicable
percentage of the fee schedule amount
applicable under this section for anesthesia
services personally performed by the physician
alone (determined without regard to this
subparagraph).
``(ii) Applicable percentage.--For purposes
of clause (i), the applicable percentage is the
percentage (as determined in a manner to be
provided by the Secretary) of the jointly
furnished anesthesia services which were
actually furnished by the physician.
``(iii) Limitation.--The Secretary shall
establish procedures that ensure that the sum
of the fee schedule amounts determined under
clause (i) and section 1833(l)(4)(B)(iv) for a
jointly furnished anesthesia service shall not
exceed 100 percent of the fee schedule amount
applicable under this section for anesthesia
services personally performed by the physician
alone (determined without regard to this
subparagraph).''.
(2) Payment for crna.--Section 1833(l)(4)(B) of such Act
(42 U.S.C. 13951(l)(4)(B)), as added by section 13516(b) of
OBRA-1993, is amended by adding at the end the following new
clause:
``(iv)(I) Notwithstanding section 1862(a)(1)(A), if--
``(aa) certified registered nurse anesthetist services
consisting of the furnishing of anesthesia services for a
single case are furnished jointly with a physician, and
``(bb) the carrier determines that the use of both the
certified registered nurse anesthetist physician and the
physician was not medically necessary,
the fee schedule amount for the services furnished by the certified
registered nurse anesthetist shall be equal to the applicable
percentage of the fee schedule amount applicable under section 1848 for
anesthesia services personally performed by the physician alone
(determined without regard to section 1848(a)(4)(C)).
``(II) For purposes of subclause (I), the applicable percentage is
the percentage (as determined in a manner to be provided by the
Secretary) of the jointly furnished anesthesia services which were
actually furnished by the certified registered nurse anesthetist.
``(III) The Secretary shall determine the fee schedule amount under
subclause (I) in accordance with the procedures established by the
Secretary under section 1848(a)(4)(C)(iii).''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall apply to services furnished on or after January
1, 1995.
(b) Uniform Treatment of All Multiple Concurrent Cases.--
(1) In general.--Section 1848(a)(4) of such Act (42 U.S.C.
1395w-4(a)(4)) and section 1842(b)(13) of such Act (42 U.S.C.
1395u(b)(13)), as amended by section 13516(a) of OBRA-1993, are
each amended--
(A) by striking ``two, three, or four'' each place
it appears and inserting ``two or more''; and
(B) by inserting ``or medical supervision'' after
``medical direction'' each place it appears.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to services furnished on or after January 1, 1998. | Instructs the Secretary of Health and Human Services to revise Medicare regulations governing payment for anesthesia services to compensate: (1) certified registered nurse anesthetists (CRNAs) for their services; and (2) physicians for supervision of CRNAs.
Amends title XVIII (Medicare) of the Social Security Act to provide guidelines for proportionally split payments for anesthesia services furnished jointly by a physician and a CRNA. | A bill to direct the Secretary of Health and Human Services to revise existing regulations concerning the conditions of payment under part B of the Medicare Program relating to anesthesia services furnished by certified registered nurse anesthetists, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Community Attendant
Services Act of 1997''.
SEC. 2. COVERAGE OF COMMUNITY-BASED ATTENDANT SERVICES UNDER THE
MEDICAID PROGRAM.
(a) Requiring Coverage for Individuals Entitled to Nursing Facility
Services or Intermediate Care Facility Services for the Mentally
Retarded.--Section 1902(a)(10)(D) of the Social Security Act (42 U.S.C.
1396a(a)(10)(D)) is amended--
(1) by inserting ``(i)'' after ``(D)'', and
(2) by adding at the end the following:
``(ii) subject to section 1932(b), for the
inclusion of qualified community-based attendant
services for any individual who, under the State plan,
is entitled to nursing facility services or
intermediate care facility services for the mentally
retarded and who requires such services based on
functional need (and without regard to age or
disability);''.
(b) Medicaid Coverage of Community-Based Attendant Services.--
(1) In general.--Title XIX of the Social Security Act, as
amended by section 114(a) of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, is amended--
(A) by redesignating section 1932 as section 1933,
and
(B) by inserting after section 1931 the following
new section:
``coverage of qualified community-based attendant services
``Sec. 1932. (a) Qualified Community-Based Attendant Services
Defined.--
``(1) In general.--In this title, the term `qualified
community-based attendant services' means attendant services
(as defined by the Secretary) furnished to an individual--
``(A) on an as-needed basis under a plan of service
that is based on an assessment of functional need and
that is agreed to by the individual;
``(B) in a home or community-based setting, which
may include a school, workplace, or recreation or
religious facility, but does not include a nursing
facility, an intermediate care facility for the
mentally retarded, or other institutional facility;
``(C) under either an agency-provider model or
other model (as defined in subsection (c)); and
``(D) the furnishing of which is selected, managed,
controlled by the individual (as defined by the
Secretary).
``(2) Services included.--Such term includes--
``(A) backup and emergency attendant services;
``(B) voluntary training on how to select, manage,
and dismiss attendants; and
``(C) health-related tasks (as defined by the
Secretary) that are assigned to, delegated to, or
performed by, unlicensed personal attendants.
``(3) Excluded services.--Subject to paragraph (4), such
term does not include--
``(A) provision of room and board, and
``(B) prevocational, vocational, and supported
employment.
``(4) Flexibility in transition to home setting.--Under
regulations of the Secretary, such term may include
expenditures for transitional costs, such as rent and utility
deposits, first months's rent and utilities, bedding, basic
kitchen supplies, and other necessities required for an
individual to make the transition from a nursing facility or
intermediate care facility for the mentally retarded to a home
setting.
``(b) Limitation on Amounts of Expenditures as Medical
Assistance.--
``(1) In general.--In carrying out section
1902(a)(10)(D)(ii), a State shall permit an individual who is
entitled to medical assistance with respect to nursing facility
services or intermediate care facility services for the
mentally retarded and who qualifies for the receipt of such
services to choose to receive medical assistance for qualified
community-based attendant services (rather than medical
assistance for such institutional services), in the most
integrated setting appropriate to the needs of the individual,
so long as the aggregate amount of the Federal expenditures for
such individuals in a fiscal year does not exceed the total
that would have been expended for such individuals to receive
such institutional services in the year plus, subject to
subsection (e), the transitional allotment to the State for the
fiscal year involved, as determined under paragraph (2)(B).
``(2) Transitional allotments.--
``(A) Total amount.--The total amount of the
transitional allotments under this paragraph for--
``(i) fiscal year 1998 is $580,000,000,
``(ii) fiscal year 1999 is $480,000,000,
``(iii) fiscal year 2000 is $380,000,000,
``(iv) fiscal year 2001 is $280,000,000,
``(v) fiscal year 2002 is $180,000,000 and
``(vi) fiscal year 2003 is $100,000,000.
``(B) State allotments.--The Secretary shall
provide a formula for the distribution of the total
amount of the transitional allotments provided in each
fiscal year under subparagraph (A) among States. Such
formula shall give preference to States that have a
relatively higher proportion of long-term care services
furnished to individuals in an institutional setting
but who have a plan under subsection (e) to
significantly reduce such proportion.
``(C) Use of funds.--Such funds allotted to, but
not expended in, a fiscal year to a State are available
for expenditure in the succeeding fiscal year.
``(c) Delivery Models.--For purposes of this section:
``(1) Agency-provider model.--The term `agency-provider
model' means, with respect to the provision of community-based
attendant services for an individual, a method of providing
such services under which a single entity contracts for the
provision of such services.
``(2) Other model.--The term `other model' means a method,
other than an agency-provider model, for provision of services.
Such a model may include the provision of vouchers, direct cash
payments, or use of a fiscal agent to assist in obtaining
services.
``(d) Quality Assurance.--
``(1) In general.--No Federal financial participation shall
be available with respect to qualified community-based
attendant services furnished under an agency-provider model or
other model unless the State establishes and maintains a
quality assurance program that is developed after public
hearings, that is based on consumer satisfaction, and that, in
the case of services furnished under the agency-provider model,
meets the following requirements:
``(A) Survey and certification.--The State
periodically certifies and surveys such provider-
agencies. Such surveys are conducted on an unannounced
basis and average at least 1 a year for each agency-
provider.
``(B) Standards.--The State adopts standards for
survey and certification that include--
``(i) minimum qualifications and training
requirements for provider staff;
``(ii) financial operating standards; and
``(iii) a consumer grievance process.
``(C) Monitoring boards.--The State provides a
system that allows for monitoring boards consisting of
providers, family members, consumers, and neighbors to
advise and assist the State.
``(D) Public reporting.--The State establishes
reporting procedures to make available information to
the public.
``(E) Ongoing monitoring.--The State provides
ongoing monitoring of the delivery of attendant
services and the effect of those services on the health
and well-being of each recipient.
``(2) Protection of beneficiaries.--
``(A) In general.--The regulations promulgated
under section 1930(h)(1) shall apply with respect to
the protection of the health, safety, and welfare of
individuals receiving qualified community-based
attendant services in the same manner as they apply to
individuals receiving community supported living
arrangements services.
``(B) Development of additional regulations.--The
Secretary shall develop additional regulations to
protect the health, safety, and welfare for individuals
receiving qualified community-based attendant services
other than under an agency-provider model. Such
regulations shall be designed to maximize the
consumers' independence and control.
``(C) Sanctions.--The provisions of section
1930(h)(2) shall apply to violations of regulations
described in subparagraph (A) or (B) in the same manner
as they apply to violations of regulations described in
section 1930(h)(1).
``(e) Transition Plan.--
``(1) In general.--As a condition for receipt of a
transitional allotment under subsection (b)(2), a State shall
develop a long-term care services transition plan that
establishes specific action steps and specific timetables to
increase the proportion of long-term care services provided
under the plan under this title in home and community-based
settings, rather than institutional settings.
``(2) Participation.--The plan under paragraph (1) shall be
developed with major participation by both the State
Independent Living Council and the State Developmental
Disabilities Council, as well as input from the Councils on
Aging.
``(f) Eligibility.--Effective January 1, 1999, a State may not
exercise the option of coverage of individuals under section
1902(a)(10)(A)(ii)(V) without providing coverage under section
1902(a)(10)(A)(ii)(VI).
``(g) Report on Impact of Section.--The Secretary shall submit to
Congress periodic reports on the impact of this section on
beneficiaries, States, and the Federal Government.''.
(c) Coverage as Medical Assistance.--
(1) In general.--Section 1905(a) of such Act (42 U.S.C.
1396d) is amended--
(A) by striking ``and'' at the end of paragraph
(24),
(B) by redesignating paragraph (25) as paragraph
(26), and
(C) by inserting after paragraph (24) the following
new paragraph:
``(25) qualified community-based attendant services (to the
extent allowed and as defined in section 1932); and''.
(2) Eligibility classifications.--Section
1902(a)(10)(A)(ii)(VI) (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) is
amended by inserting ``or qualified community-based attendant
services'' after ``section 1915'' each it appears.
(3) Conforming amendments.--(A) Section 1902(j) of such Act
(42 U.S.C. 1396a(j)) is amended by striking ``(25)'' and
inserting ``(26)''.
(B) Section 1902(a)(10)(C)(iv) of such Act (42 U.S.C.
1396a(a)(10)(C)(iv)) is amended by striking ``(24)'' and
inserting ``(25)''.
(d) Review of, and Report on, Regulations.--The Secretary of Health
and Human Services shall review existing regulations under title XIX of
the Social Security Act insofar as they regulate the provision of home
health services and other services in home and community-based
settings. The Secretary shall submit to Congress a report on how
excessive utilization of medical services can be reduced under such
title by using qualified community-based attendant services.
(e) Development of Functional Needs Assessment Instrument.--The
Secretary shall develop a functional needs assessment instrument that
assesses an individual's need for qualified community-based attendant
services and that may be used in carrying out sections
1902(a)(10)(D)(ii) and 1932 of the Social Security Act.
(f) Task Force on Financing of Long-Term Care Services.--The
Secretary shall establish a task force to examine appropriate methods
for financing long-term care services. Such task force shall include
significant representation of individuals (and representatives of
individuals) who receive such services.
SEC. 3. STATE OPTION FOR ELIGIBILITY FOR INDIVIDUALS.
(a) In General.--Section 1903(f) of the Social Security Act (42
U.S.C. 1396b(f)) is amended--
(1) in paragraph (4)(C), by inserting ``subject to
paragraph (5),'' after ``does not exceed'', and
(2) by adding at the end the following:
``(5)(A) A State may waive the income limitation described in
paragraph (4)(C) in such cases as the State finds the potential for
employment opportunities would be enhanced through the provision of
such services.
``(B) In the case of an individual who is made eligible for medical
assistance because of subparagraph (A), notwithstanding section
1916(b), the State may impose a premium based on a sliding scale
relating to income.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance provided for items and services furnished
on or after January 1, 1998. | Medicaid Community Attendant Services Act of 1997 - Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of qualified community-based attendant services for any individual entitled to nursing facility or intermediate care facility services. Limits such services to those furnished to an individual in a home or community-based setting, which may include a school, workplace, or recreating or religious facility, but not a nursing facility, an intermediate care facility for the mentally retarded, or other institutional facility.
Directs the Secretary of Health and Human Services to: (1) review existing Medicaid regulations for home health services and other services in home and community-based settings; (2) report to the Congress on how excessive utilization of medical services can be reduced under Medicaid by using qualified community-based attendant services; (3) develop a functional needs assessment instrument with respect to an individual's need for such services; and (4) establish a task force to examine appropriate methods for financing long-term care services.
Amends SSA title XIX to allow States to waive certain income limitations with respect to Medicaid payments to individuals eligible for medical assistance who are also eligible for or already receiving a State supplementary payment. Allows such a waiver in such cases as the State finds the potential for employment opportunities would be enhanced through the provision of qualified community-based attendant services. Allows the State, in the case of such an individual made eligible for medical assistance because of such a waiver, to impose a premium based on a sliding scale relating to income. | Medicaid Community Attendant Services Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Medications are important to the management of chronic
diseases that require long-term or lifelong therapy.
Pharmacists are uniquely qualified as medication experts to
work with patients to manage their medications and chronic
conditions and play a key role in helping patients take their
medications as prescribed.
(2) Nonadherence with medications is a significant problem.
According to a report by the World Health Organization, in
developed countries, only 50 percent of patients with chronic
diseases adhere to medication therapies. For example, in the
United States only 51 percent of patients taking blood pressure
medications and only 40 to 70 percent of patients taking
antidepressant medications adhere to prescribed therapies.
(3) Failure to take medications as prescribed costs over
$290,000,000,000 annually. The problem of nonadherence is
particularly important for patients with chronic diseases that
require use of medications. Poor adherence leads to unnecessary
disease progression, reduced functional status, lower quality
of life, and premature death.
(4) When patients adhere to or comply with prescribed
medication therapy it is possible to reduce higher-cost medical
attention, such as emergency department visits and catastrophic
care, and avoid the preventable human costs that impact
patients and the individuals who care for them.
(5) Studies have clearly demonstrated that community-based
medication therapy management services provided by pharmacists
improve health care outcomes and reduce spending.
(6) The Asheville Project, a diabetes program designed for
city employees in Asheville, North Carolina, that is delivered
by community pharmacists, resulted over a 5-year period in a
decrease in total direct medical costs ranging from $1,622 to
$3,356 per patient per year, a 50 percent decrease in the use
of sick days, and an increase in productivity accounting for an
estimated savings of $18,000 annually.
(7) Another project involving care provided by pharmacists
to patients with high cholesterol increased compliance with
medication to 90 percent from a national average of 40 percent.
(8) In North Carolina, the ChecKmeds NC program, which
offers eligible seniors one-on-one medication therapy
management consultations with pharmacists, has saved an
estimated $34,000,000 in healthcare costs and avoided numerous
health problems since implementation in 2007 for the more than
31,000 seniors receiving such consultations.
(9) Results similar to those found under such projects and
programs have been achieved in several other demonstrations
using community pharmacists.
SEC. 3. IMPROVEMENT IN PART D MEDICATION THERAPY MANAGEMENT PROGRAMS.
(a) Increased Availability and Community Pharmacy Involvement in
the Provision of Medication Therapy Management Services.--
(1) Increased beneficiary access to medication therapy
management services.--Section 1860D-4(c)(2) of the Social
Security Act (42 U.S.C. 1395w-104(c)(2)), as amended by section
10328 of the Patient Protection and Affordable Care Act (Public
Law 111-148), is amended--
(A) in subparagraph (A)--
(i) in clause (ii)(I), by inserting ``or
any chronic disease that accounts for high
spending in the program under this title,
including diabetes, hypertension, heart
failure, dyslipidemia, respiratory disease
(such as asthma, chronic obstructive pulmonary
disease, or chronic lung disorders), bone
disease-arthritis (such as osteoporosis and
osteoarthritis), rheumatoid arthritis, and
mental health (such as depression,
schizophrenia, or bipolar disorder)'' before
the semicolon at the end; and
(ii) by adding at the end the following new
clause:
``(iii) Identification of individuals who
may benefit from medication therapy
management.--The PDP sponsor shall, subject to
the approval of the Secretary, establish a
process for identifying individuals who--
``(I) are not targeted
beneficiaries described in clause (ii);
``(II) are not otherwise offered
medication therapy management services;
and
``(III) a pharmacist or other
qualified provider determines may
benefit from medication therapy
management services.
For purposes of this paragraph, any individual
identified under this clause shall be treated
as a targeted beneficiary described in clause
(ii).'';
(B) by redesignating--
(i) subparagraphs (E), (F), and (G), as
redesignated by paragraph (1) of such section
10328, as subparagraphs (G), (H), and (I),
respectively; and
(ii) subparagraph (E), as added by
paragraph (2) of such section 10328, as
subparagraph (F); and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) Medication reviews for dual eligibles and
enrollees in transition of care.--Without regard to
whether an enrollee is a targeted beneficiary described
in subparagraph (A)(ii), the medication therapy
management program under this paragraph shall offer the
following:
``(i) In the case of an enrollee who is a
full-benefit dual eligible individual (as
defined in section 1935(c)(6)), a comprehensive
medication review described in subparagraph
(C)(i). The review under the preceding sentence
shall be offered at the time of the initial
enrollment of such individual in the
prescription drug plan.
``(ii) In the case of any enrollee who is
experiencing a transition in care (such as
being discharged from a hospital or other
institutional setting), a targeted medication
review described in subparagraph (C)(ii) of any
new medications that have been introduced to
the enrollee's therapy. The review under the
preceding sentence shall be offered at the time
of such transition.''.
(2) Access to medication management therapy.--Section
1840D-4(c)(2) of such Act (42 U.S.C. 1395w-104(c)(2)) is
further amended--
(A) by redesignating--
(i) subparagraphs (G), (H), and (I), as
redesignated by paragraph (1)(B)(i), as
subparagraphs (H), (I), and (J), respectively;
and
(ii) subparagraph (F), as redesignated by
paragraph (1)(B)(ii), as subparagraph (G); and
(B) by inserting after subparagraph (E), as
inserted by paragraph (1)(C), the following new
subparagraph:
``(F) Access requirements.--In order to assure that
enrollees have the option of obtaining medication
therapy management services under this paragraph, a PDP
sponsor shall offer any willing pharmacy in its network
and any other qualified health care provider the
opportunity to provide such services.''.
(3) Appropriate reimbursement for the provision of
medication therapy management services.--Section 1860D-
4(c)(2)(J) of such Act (42 U.S.C. 1395w-104(c)(2)(I)), as
redesignated by paragraph (2), is amended--
(A) in the heading, by striking ``Considerations in
pharmacy fees'' and inserting ``Reimbursement'';
(B) by striking the first sentence and inserting
the following: ``The PDP sponsor shall reimburse any
willing pharmacy in its network and other qualified
health care provider furnishing medication therapy
management services under this paragraph based on the
resources used and the time required to provide such
services.''; and
(C) in the second sentence, by striking ``any such
management or dispensing fees'' and inserting ``any
such reimbursement''.
(4) Effective date.--The amendments made by this subsection
shall apply to plan years beginning after the date of enactment
of this Act.
(b) Incentives Based on Performance.--
(1) Evaluation of performance for payment incentives.--
Section 1860D-4(c)(2) of the Social Security Act (42 U.S.C.
1395w-104(c)(2)), as amended by subsection (a), is further
amended by adding at the end the following new subparagraph:
``(K) Evaluation of performance.--
``(i) Data collection and performance
measures.--
``(I) In general.--For plan years
beginning after the date of enactment
of the Medication Therapy Management
Empowerment Act of 2011, the Secretary
shall establish measures and standards
for data collection by PDP sponsors to
evaluate the performance of pharmacies
and other entities in furnishing
medication therapy management services
under this paragraph.
``(II) Measures.--Measures
established under subclause (I) shall
be designed to help assess and improve
the overall quality of care, including
a reduction in adverse medication
reactions, improvements in adherence
and persistence in chronic medication
use, and a reduction in drug spending,
where appropriate.
``(III) Inclusion of certain
measures with respect to pharmacist.--
In the case of pharmacists who furnish
medication therapy management services,
the measures established under
subclause (I) shall include measures
developed by the Pharmacy Quality
Alliance.
``(IV) Encouraging participation of
entities that achieve better
outcomes.--The Secretary shall compare
the outcomes of medication therapy
management services based on the type
of entity offering such services and
shall develop appropriate incentives to
ensure broader participation in the
program offered by the plan sponsor
under this paragraph of entities that
achieve better outcomes (as defined by
the Secretary) with respect to such
services.
``(ii) Continual development and
incorporation of medication therapy management
measures in broader health care outcomes
measures.--The Secretary shall support the
continual development and refinement of
performance measures established under clause
(i)(I), including the incorporation of
medication use measures as part of broader
health care outcomes measures. The Secretary
shall work with State plans under title XIX to
incorporate similar performance-based measures
into drug use review programs under section
1927(g).
``(iii) Incentive payments.--For plan years
beginning on or after January 1, 2012,
pharmacies and other entities that furnish
medication therapy management services under
this paragraph shall be provided (in a form and
manner specified by the Secretary) additional
incentive payments based on the performance of
such pharmacies and entities in meeting the
performance measures established under clause
(i). Such payments shall be made from the
Medicare Prescription Drug Account under
section 1860D-16, except that such payments may
be made from the Federal Hospital Insurance
Trust Fund under section 1817 or the Federal
Supplementary Medical Insurance Trust Fund
under section 1841 if the Secretary determines,
based on data under this part and parts A and
B, that such services have resulted in a
reduction in expenditures under part A or part
B, respectively.''. | Medication Therapy Management Empowerment Act of 2011 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Patient Protection and Affordable Care Act, to increase the number of diseases and conditions for which beneficiaries may be targeted for medication therapy management (MTM) services.
Requires a Prescription Drug Plan (PDP) sponsor to establish a process, subject to approval by the Secretary of Health and Human Services (HHS), for identifying individuals who are not targeted beneficiaries, are not otherwise offered MTM services, and whom a pharmacist or other qualified provider determines may benefit from MTM services. Requires any such individual to be treated as a targeted beneficiary.
Requires any MTM program to offer both comprehensive and targeted medication reviews to individuals dually eligible for both Medicare and Medicaid (under SSA title XIX), regardless of whether they are MTM-targeted beneficiaries.
Requires a PDP sponsor to offer any willing pharmacy in its network and any other qualified health care provider the opportunity to provide MTM services.
Requires the PDP sponsor to reimburse pharmacists and other qualified health care providers furnishing MTM services based on the resources used and the time required to provide such services.
Directs the Secretary of HHS to: (1) establish measures and standards for data collection by PDP sponsors to evaluate performance of pharmacies and other entities in furnishing MTM services; and (2) support the continued development and refinement of performance measures.
Provides pharmacies and other entities that furnish MTM services with additional incentive payments based on their performance in meeting quality measures established under this Act. | A bill to amend title XVIII of the Social Security Act to expand access to medication therapy management services under the Medicare prescription drug program. |