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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Implant Research and
Information Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) According to the Institute of Medicine, it is estimated
that 1,000,000 to 2,000,000 American women have received breast
implants over the last 35 years. Because there has never been a
patient registry for breast implant recipients it is impossible
to more accurately determine the number of women who have
received breast implants. Yet, the American Society of Plastic
Surgeons estimates that in 1999 alone 82,975 women had breast
reconstruction following mastectomies and another 167,318
American women received breast implants for cosmetic purposes.
(2) From 1985 until January 2000, FDA received 127,770
adverse reaction reports for silicone gel-filled breast
implants and 65,720 adverse reaction reports for saline-filled
implants.
(3) Women need complete and accurate information about the
potential health risks and advantages of breast implants so
that women can make informed decisions.
(4) Silicone breast implants have never been approved by
the Food and Drug Administration; saline breast implants, which
consist of a saline solution injected into a silicone envelope,
were approved by the agency in 2000 despite alarmingly high
complication and reoperation rates. After three years, 43
percent of the augmentation patients and 73 percent of the
reconstruction patients experienced local complications and 40
percent of the reconstruction patients were forced to undergo
additional surgery for local complications and device failure.
(5) In 1998, the Food and Drug Administration opened a
criminal investigation following allegations that one of the
breast implant manufacturers was manipulating research data in
breast implant studies. When the Food and Drug Administration's
General and Plastic Surgery Devices Panel convened in March
2000 to consider market approval for saline implants, it was
not informed of the investigation. Although the manufacturer's
saline breast implant was approved by the Food and Drug
Administration in May 2000, the investigation remains open.
(6) According to a 1997 Mayo Clinic study, within 5 years
of receiving such implants, 1 in 4 women required additional
surgery.
(7) In 2000, research sponsored by the Food and Drug
Administration found that even among women who had not sought
medical treatment for implant problems, almost 70 percent had
at least one ruptured implant after 10 to 15 years. Silicone
was found to be migrating away from the implants in 21 percent
of those women. The FDA researchers concluded that ``the
relationship of free silicone to development or progression of
disease is unknown''.
(8) A 1993 study by Dr. Suzanne S. Teuber et al.,
University of California, published in The Journal of
Autoimmunity, investigated the influence of silicone breast
implants on the expression of anticollagen antibodies and found
a statistically significant incidence of anticollagen
antibodies in women with implants. The researchers concluded
that silicone breast implants should not be considered a benign
or immunologically inert material; serious implications may
result from their use.
(9) The Institute of Medicine's 1999 study of silicone
breast implant safety found that local complications with
silicone breast implants were the primary safety issue, that
they have not been well studied, and that information on these
complications is crucial for women deciding whether or not they
want breast implant surgery. Concern remains that exposure to
silicone breast implants may result in currently undefined
connective tissue or autoimmune diseases.
(10) A 2001 National Cancer Institute study found breast
implant recipients suffer from higher rates of lung and brain
cancer than other plastic surgery patients.
(11) A 1999 case report by Dr. Suzanne S. Teuber et al.,
University of California, published in The Journal of
Rheumatology, found evidence of silicone migration in women
with ruptured or leaking silicone breast implants. These
patients experienced severe local inflammation and
complications resulting from silicone migration to the axilla,
arm or abdominal wall. Researchers concluded that once silicone
gel leaves the implant, it is not biologically inert and in
some persons can elicit profound pathologic responses.
(12) According to many reports, including a study published
in the Journal of the National Cancer Institute, the presence
of a silicone breast implant may create difficulties in
obtaining accurate and thorough mammograms because as much as
40 percent of the breast tissue can be masked by the implant.
This delays the early detection of breast cancer in women.
(13) According to a 2000 Food and Drug Administration
publication, women of childbearing age who want to breast feed
should be aware of the negative impact of breast implants on
breast feeding. It is not known if a small amount of silicone
may pass from the silicone shell of an implant into breast
milk. If this occurs, it is not known what effect it may have
on the nursing infant.
(b) Purpose.--It is the purpose of this Act to promote research to
identify and evaluate the health effects of breast implants, to ensure
that women receive accurate information about such implants and to
encourage the Food and Drug Administration to conclude its criminal
investigation based on the allegations of wrong-doing by one of the
implant manufacturers which ultimately may affect their products and
the health of American women.
(c) Rule of Construction.--Nothing in this Act shall be construed
to affect any rule or regulation promulgated under the authority of the
Federal Food, Drug and Cosmetic Act (21 U.S. 301 et seq.) that is in
effect on the date of enactment of this Act relating to the
availability of silicone breast implant for reconstruction after
mastectomy, correction of congenital deformities, or replacement for
ruptured silicone implants for augmentation.
SEC. 3. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE NATIONAL INSTITUTES OF HEALTH.
(a) Status of Existing Research.--The Director of the National
Institutes of Health shall report to all appropriate committees of
Congress on the status of the existing breast implant research funded
by such Institutes within 90 days after the date of the enactment of
this Act.
(b) Amendment to Public Health Service Act.--Part H of title IV of
the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by
adding at the end of the following:
``SEC. 498C. BREAST IMPLANT RESEARCH.
``(a) Institute-Wide Coordinator.--The Director of NIH shall
appoint an appropriate official of the Department of Health and Human
Services to serve as the National Institutes of Health coordinator
regarding breast implant research. Such coordinator shall encourage and
coordinate the participation of all appropriate Institutes research
including--
``(1) the Office of Research on Women's Health;
``(2) the National Institute of Allergy and Infectious
Diseases;
``(3) the National Institute of Arthritis and
Musculoskeletal and Skin diseases;
``(4) the National Institute of Child Health and Human
Development;
``(5) the National Institute of Environmental Health
Sciences;
``(6) the National Institute of Neurological Disorders and
Stroke; and
``(7) the National Cancer Institute.
``(b) Study Sections.--The Director of NIH shall establish a study
section or special emphasis panel if determined to be appropriate, for
the National Institutes of Health to review extramural research grant
applications regarding breast implants to ensure the appropriate design
and high quality of such research and shall take appropriate action to
ensure the quality of intramural research activities.
``(c) Clinical Study.--
``(1) In general.--The Director of NIH shall conduct or
support research to expand the understanding of the health
implications of both saline and silicone breast implants. Such
research should, if determined to be scientifically
appropriate, include multidisciplinary, clinical, case-
controlled study of women with breast implants for at least
eight years whether it be one prosthesis or multiple, and
differentiate between women receiving implants for mastectomy,
reconstructive or cosmetic purposes and include subsets of women with
saline implants and silicone implants. Such a study should focus on the
rate of local complications which includes capsular contracture,
leakage, loss of nipple sensation, deflation and rupture as well the
presentation of atypical symptoms, silicone migration, neurological
dysfunction, and immune system irregularities, and evaluate to what
extent if any, their health differs from that of suitable controls.
``(2) Annual report.--The Director of NIH shall annually
prepare and submit to the appropriate Committees of Congress a
report concerning the results of the study conducted under
paragraph (1).''.
SEC. 4. INTENSIFICATION OF ACTIVITIES REGARDING POSTMARKET RESEARCH OF
SALINE BREAST IMPLANTS AT THE FOOD AND DRUG
ADMINISTRATION.
To ensure that the Food and Drug Administration conducts postmarket
evaluations of saline implant manufacturers' data based on the
postmarket recommendations made by the Food and Drug Administration's
General and Plastic Surgery Devices Panel, the Commissioner of Food and
Drugs shall report to Congress on the implementation status of the
postmarket recommendations at 6, 12, and 18 month intervals after the
date of the enactment of this Act and annually thereafter.
SEC. 5. EXPANSION AND INTENSIFICATION OF ACTIVITIES REGARDING SILICONE
BREAST IMPLANTS AT THE FOOD AND DRUG ADMINISTRATION.
To assist women in receiving accurate and complete information
about the risks of silicone breast implants, the Commissioner of Food
and Drugs shall--
(1) expedite the conclusion the agency's criminal
investigation into allegations of wrong-doing by one of the
implant manufacturers; brief appropriate Committees of Congress
on the findings and take appropriate action within 90 days
after the date of the enactment of this Act;
(2) ensure that the toll-free consumer information line and
materials concerning breast implants provided by the Food and
Drug Administration are available, up to date, and responsive
to reports of problems with breast implants, and that timely
aggregate data concerning such reports shall be made available
to the public upon request and consistent with existing
confidentiality standards;
(3) require that manufacturers of silicone breast implants
update implant package inserts and informed consent documents
regularly to reflect accurate information about such implants,
particularly the rate of local complications and ruptures of
such implants;
(4) require that any manufacturers of such implants that
are conducting clinical studies on silicone breast implants--
(A) require its clinical investigators to provide
prospective patients with the Food and Drug
Administration's breast implant booklet;
(B) amend such study protocol and informed consent
document to reflect that patients must be provided with
a copy of informed consent documents at the initial, or
earliest possible, consultation regarding breast
prosthesis;
(C) amend the informed consent protocol to inform
women about how to obtain a Medwatch form and encourage
any woman who withdraws from the study, or who would
like to report such problem or concerns with the study
and reason for withdrawing; and
(D) amend the informed consent document to provide
potential participants with the inclusion criteria for
the clinical trial and the toll-free Consumer
Information number; and
(5) appoint a special ad hoc patient information panel
that--
(A) convenes annually for the sole purpose of
reviewing breast implant information and advertisements
provided by the manufacturers and the Food and Drug
Administration to ensure consumer information is
thorough and accurate; and
(B) includes in its membership (but is not limited
to) saline and silicone breast implant recipients,
bioethicists, rheumatologists, and oncologists with
experience in both clinical care and research regarding
breast implants. | Breast Implant Research and Information Act - Requires the Director of the National Institutes of Health (NIH) to report to all appropriate committees of Congress on the status of the existing breast implant research funded by such Institutes.Amends the Public Health Service Act to require the NIH Director to: (1) appoint an official of the Department of Health and Human Services to serve as the NIH coordinator regarding breast implant research; (2) establish either a study section or special emphasis panel for NIH to review extramural breast implant research grant applications to ensure research design and quality, as well as quality intramural research; and (3) conduct or support research to expand the understanding of the health implications of both saline and silicone breast implants.Requires a report from the Commissioner of Food and Drugs concerning postmarket evaluations of saline implant manufacturers' data.Directs the Commissioner to take specified steps to assist women in receiving accurate and complete information about the risks of silicone breast implants. | A bill to promote research to identify and evaluate the health effects of breast implants; to ensure that women receive accurate information about such implants and to encourage the Food and Drug Administration to thoroughly review the implant manufacturers' standing with the agency. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Project Exile: The Safe Streets and
Neighborhoods Act of 2000''.
SEC. 2. FIREARMS SENTENCING INCENTIVE GRANTS.
(a) Program Established.--Title II of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1815) is
amended--
(1) by redesignating subtitle D as subtitle E; and
(2) by inserting after subtitle C the following:
``Subtitle D--Firearms Sentencing Incentive Grants
``SEC. 20351. DEFINITIONS.
``In this subtitle:
``(1) Firearm.--The term `firearm' has the meaning given
the term in section 921(a) of title 18, United States Code.
``(2) Part 1 violent crime.--The term `part 1 violent
crime' means murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault, as reported to the
Federal Bureau of Investigation for purposes of the Uniform
Crime Reports.
``(3) Serious drug trafficking crime.--The term `serious
drug trafficking crime' means an offense under State law for
the manufacture or distribution of a controlled substance, for
which State law authorizes to be imposed a sentence to a term
of imprisonment of not less than 10 years.
``(4) State.--The term `State' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
``(5) Unit of local government.--The term `unit of local
government' has the meaning given the term in section 901(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
``(6) Violent crime.--The term `violent crime' means murder
and nonnegligent manslaughter, forcible rape, robbery, and
aggravated assault, or a crime in a reasonably comparable class
of serious violent crimes, as approved by the Attorney General.
``SEC. 20352. AUTHORIZATION OF GRANTS.
``(a) In General.--From amounts made available to carry out this
subtitle, the Attorney General shall award Firearms Sentencing
Incentive Grants to eligible States in accordance with this subtitle.
``(b) Allowable Uses.--Grants awarded under this subtitle may be
used by a State only--
``(1) to support--
``(A) law enforcement agencies;
``(B) prosecutors;
``(C) courts;
``(D) probation officers;
``(E) correctional officers;
``(F) the juvenile justice system;
``(G) the expansion, improvement, and coordination
of criminal history records; or
``(H) case management programs involving the
sharing of information about serious offenders;
``(2) to carry out a public awareness and community support
program described in section 20353(a)(2); or
``(3) to build or expand correctional facilities.
``(c) Subgrants.--A State may use grants awarded under this
subtitle directly or by making subgrants to units of local government
within that State.
``SEC. 20353. FIREARMS SENTENCING INCENTIVE GRANTS.
``(a) Eligibility.--Except as provided in subsection (b), to be
eligible to receive a grant award under this section, a State shall
submit an application to the Attorney General, which shall comply with
the following requirements:
``(1) Firearms sentencing laws.--The application shall
demonstrate that the State has implemented firearms sentencing
laws requiring 1 or both of the following:
``(A) Any person who, during and in relation to any
violent crime or serious drug trafficking crime, uses
or carries a firearm, shall, in addition to the
punishment provided for that crime of violence or
serious drug trafficking crime, be sentenced to a term
of imprisonment of not less than 5 years (without the
possibility of parole during that term).
``(B) Any person who, having not less than 1 prior
conviction for a violent crime, possesses a firearm,
shall, for such possession, be sentenced to a term of
imprisonment of not less than 5 years (without the
possibility of parole during that term).
``(2) Public awareness and community support program.--The
application shall demonstrate that the State has implemented,
or will implement not later than 6 months after receiving a
grant under this subtitle, a public awareness and community
support program that seeks to build support for, and warns
potential violators of, the firearms sentencing laws
implemented under paragraph (1).
``(3) Coordination with federal government; crime reduction
in high-crime areas.--The application shall provide assurances
that the State--
``(A) will coordinate with Federal prosecutors and
Federal law enforcement agencies whose jurisdictions
include the State, so as to promote Federal involvement
and cooperation in the enforcement of laws within that
State; and
``(B) will allocate its resources in a manner
calculated to reduce crime in the high-crime areas of
the State.
``(b) Alternate Eligibility Requirement.--
``(1) In general.--A State that is unable to demonstrate in
its application that the State meets the requirement of
subsection (a)(1) shall be eligible to receive a grant award
under this subtitle notwithstanding that inability, if that
State, in such application, provides assurances that the State
has in effect an equivalent Federal prosecution agreement.
``(2) Equivalent federal prosecution agreement.--For
purposes of paragraph (1), an equivalent Federal prosecution
agreement is an agreement with appropriate Federal authorities
that ensures that 1 or more of the following:
``(A) If a person engages in the conduct specified
in subsection (a)(1)(A), but the conviction of that
person under State law for that conduct is not certain
to result in the imposition of an additional sentence
as specified in that subsection, that person is
prosecuted for that conduct under Federal law.
``(B) If a person engages in the conduct specified
in subsection (a)(1)(B), but the conviction of that
person under State law for that conduct is not certain
to result in the imposition of a sentence as specified
in that subsection, that person is prosecuted for that
conduct under Federal law.
``SEC. 20354. FORMULA FOR GRANTS.
``(a) In General.--The amount available for grants under this
subtitle for any fiscal year shall be allocated to each eligible State,
in the ratio that the number of part 1 violent crimes reported by the
State to the Federal Bureau of Investigation for the 3 years preceding
the year in which the determination is made, bears to the average
annual number of part 1 violent crimes reported by all eligible States
to the Federal Bureau of Investigation for the 3 years preceding the
year in which the determination is made.
``(b) Unavailable Data.--If data regarding part 1 violent crimes in
any State is substantially inaccurate or is unavailable for the 3 years
preceding the year in which the determination is made, the Attorney
General shall utilize the best available comparable data regarding the
number of violent crimes for the previous year for the State for the
purposes of the allocation of funds under this subtitle.
``SEC. 20355. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorizations.--There are authorized to be appropriated to
carry out this subtitle--
``(1) $10,000,000 for fiscal year 2001;
``(2) $15,000,000 for fiscal year 2002;
``(3) $20,000,000 for fiscal year 2003;
``(4) $25,000,000 for fiscal year 2004; and
``(5) $30,000,000 for fiscal year 2005.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Funds made available pursuant to this
subtitle shall be used only to carry out the purposes described
in section 20352(b).
``(2) Nonsupplanting requirement.--Funds made available
pursuant to this section shall not be used to supplant State
funds, but shall be used to increase the amount of funds that
would, in the absence of Federal funds, be made available from
State sources.
``(3) Administrative costs.--Not more than 3 percent of the
funds made available pursuant to this section for a fiscal year
shall be available to the Attorney General for purposes of
administration, research and evaluation, technical assistance,
and data collection.
``(4) Carryover of appropriations.--Funds appropriated
pursuant to this section during any fiscal year shall remain
available until expended.
``(5) Matching funds.--The Federal share of a grant awarded
under this subtitle may not exceed 90 percent of the costs of a
proposal as described in an application approved under this
subtitle.
``SEC. 20356. REPORT BY THE ATTORNEY GENERAL.
``Beginning on October 1, 2001, and on each subsequent July 1
thereafter, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives a report on the implementation of this subtitle. The
report shall include information regarding the eligibility of States
under section 20353 and the distribution and use of funds under this
subtitle.''.
(b) Clerical Amendment.--The table of contents in section 2 of the
Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322; 108 Stat. 1796) is amended--
(1) by redesignating the item relating to subtitle D of
title II as an item relating to subtitle E of that title; and
(2) by inserting after the item relating to subtitle C of
title II the following:
``Subtitle D--Firearms Sentencing Incentive Grants
``Sec. 20351. Definitions.
``Sec. 20352. Authorization of grants.
``Sec. 20353. Firearms sentencing incentive grants.
``Sec. 20354. Formula for grants.
``Sec. 20355. Authorization of appropriations.
``Sec. 20356. Report by the Attorney General.''. | Sets forth allowable uses for such grants, including to: (1) support law enforcement agencies, prosecutors, courts, probation officers, correctional officers, the juvenile justice system, the improvement of criminal history records, or case management programs involving the sharing of information about serious offenders; (2) carry out such a public awareness and community support program; and (3) build or expand correctional facilities.
Sets forth the allocation formula for grants, authorizes appropriations, and sets forth reporting requirements. | Project Exile: The Safe Streets and Neighborhoods Act of 2000 |
SECTION 1. COMMISSION ON OVERTIME REGULATIONS.
(a) Establishment of Commission.--There is established the
Commission on Overtime Regulations (in this section referred to as the
``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members of whom--
(A) 1 member shall be appointed by the Secretary of
Labor from the general public;
(B) 1 member shall be a representative of business
to be nominated by the United States Chamber of
Commerce and appointed by the Secretary of Labor;
(C) 1 member shall be a representative of organized
labor to be nominated by the AFL-CIO and appointed by
the Secretary of Labor;
(D) 1 member shall be appointed by the chairman of
the Committee on Health, Education, Labor, and Pensions
of the Senate;
(E) 1 member shall be appointed by the ranking
minority member of the Committee on Health, Education,
Labor, and Pensions of the Senate;
(F) 1 member shall be appointed by the chairman of
the Committee on Appropriations of the Senate;
(G) 1 member shall be appointed by the ranking
minority member of the Committee on Appropriations of
the Senate;
(H) 1 member shall be appointed by the chairman of
the Committee on Education and the Workforce of the
House of Representatives;
(I) 1 member shall be appointed by the ranking
minority member of the Committee on Education and the
Workforce of the House of Representatives;
(J) 1 member shall be appointed by the chairman of
the Committee on Appropriations of the House of
Representatives; and
(K) 1 member shall be appointed by the ranking
minority member of the Committee on Appropriations of
the House of Representatives.
(2) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, and shall be filled in
the same manner as the original appointment.
(3) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(4) Chairperson and vice chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among its
members.
(c) Duties of the Commission.--
(1) Study.--The Commission shall conduct a thorough study
of, and develop recommendations on, issues relating to the
modernization of the overtime provisions of the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) in order to
promote clarity and compliance. In conducting such study the
Commission shall--
(A) review the categories and number of workers not
eligible for overtime pay under current regulations
under the Fair Labor Standards Act of 1938 and identify
how many workers and employers might be affected by
proposed changes to such regulations;
(B) determine if the proposed regulation relating
to overtime is sufficiently clear to be easily
understood by employers and workers;
(C) assess the paperwork burden that employers
would have in order to assure that each individual
worker, claimed to be exempt from such overtime
requirements, actually is exempt under such regulation;
(D) assess the extent to which it will be clear to
the individual worker as to his or her overtime pay
protection under the proposed regulation;
(E) determine the impact of the proposed regulation
on the access of individuals to health care based upon
the impact the proposed regulation has on nurses and
pharmacists, and the impact that such regulation has on
fundamental security occupations of first responders
such as police, firefighters, and paramedics;
(F) identify how the proposed regulation would
affect enforcement and compliance actions of the
Department of Labor;
(G) make recommendation to simplify the definitions
of professional or managerial duties that exempt
workers from overtime requirements so that they have a
greater ability to know in advance what their
expectations should be;
(H) identify new and emerging specialty positions
in the modern workplace that require clarification of
their status with respect to the professional employees
exemption to the overtime requirements;
(I) review the need to update the exemption to the
overtime requirements for computer workers;
(J) examine the merits of an income ceiling above
which workers would be exempt from the overtime
requirements;
(K) review the salary levels used to trigger the
regulatory tests for overtime compliance, including the
merits and drawbacks of indexing such levels for
inflation;
(L) consider what kind of limited or conditional
``docking'' flexibility would provide employers with
alternatives to termination and to week-long
suspensions without being used as a subterfuge to evade
or undermine the salary test with respect to overtime
requirements;
(M) identify obstacles small businesses may face in
achieving compliance or correction with respect to the
overtime requirements and develop a means to overcome
those obstacles;
(N) clarify the definition of ``workplace conduct''
so that employers and employees know whether dangerous
or abusive situations, such as harassment or violence
off the employer's premises can, nevertheless, be
addressed in a manner consistent with the Fair Labor
Standards Act of 1938;
(O) identify ways in which employers can satisfy
the requirement that policies regarding workplace
conduct be in writing to permit the use of other forms
of notice or other technologies for communications
while ensuring that notice is fairly provided to
workers;
(P) identify ways to improve the availability of
the proposed safe harbor means of demonstrating
compliance with the overtime regulations by clarifying
that such regulations are intended to parallel existing
legal requirements for discrimination or labor law
cases and not to prompt new litigation or confusion;
and
(Q) study other issues determined appropriate by
the Commission.
(2) Report.--Not later than July 30, 2004, the Commission
shall prepare and submit to the Secretary of Labor, the
appropriate committees of Congress, and the general public a
report concerning the study conducted under paragraph (1). The
report shall include the findings and recommendations of the
Commission with respect to the matters described in
subparagraphs (A) through (Q) of paragraph (1).
(3) Effective date of revised regulations.--The Secretary
of Labor shall ensure that the effective date for any proposed
modifications to the regulations relating to the overtime
requirements under the Fair Labor Standards Act of 1938 is not
earlier than 60 days after the date on which the report is
submitted under paragraph (2).
(d) Powers of the Commission.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable to
carry out this section. The Commission shall, to the maximum
extent possible, use existing data and research prior to
holding such hearings
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry out
this section. Upon request of the Chairperson of the
Commission, the head of such department or agency shall furnish
such information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(e) Commission Personnel Matters.--
(1) Compensation; travel expenses.--Each member of the
Commission shall serve without compensation but 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.
(2) Staff and equipment.--The Department of Labor shall
provide all financial, administrative, and staffing
requirements for the Commission including--
(A) office space;
(B) furnishings; and
(C) equipment.
(f) Termination of the Commission.--The Commission shall terminate
90 days after the date on which the Commission submits its report under
subsection (c)(2). | Establishes the Commission on Overtime Regulations.
Directs the Commission to study, develop recommendations, and report by July 30, 2004, on issues relating to the modernization of the overtime provisions of the Fair Labor Standards Act of 1938 (FLSA), to promote clarity and compliance. Requires such study to include assessments of various impacts of proposed changes to regulations relating to such provisions.
Directs the Secretary of Labor to ensure that the effective date for any proposed changes to such regulations is at least 60 days after such report is submitted to the Secretary, the appropriate congressional committees, and the public. | A bill to provide for the establishment of a commission to conduct a study concerning the overtime regulations of the Department of Labor. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Autism Treatment Act of
2007''.
SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) 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 new section:
``SEC. 714. PARITY FOR PERVASIVE DEVELOPMENTAL DISORDERS.
``(a) In General.--A group health plan (and a health insurance
issuer providing health insurance coverage offered in connection with
such a plan) that provides both medical and surgical benefits shall
provide coverage for pervasive developmental disorders, including
coverage for therapeutic, respite, and rehabilitative care for
participants or beneficiaries who have not attained 22 years of age.
``(b) In-Network and Out-of-Network Standards.--
``(1) In general.--In the case of a group health plan (or
health insurance coverage offered in connection with such a
plan) that provides benefits for pervasive developmental
disorders, and that provides both in-network benefits for such
disorders and out-of-network benefits for such disorders, the
requirements of this section shall apply separately with
respect to benefits provided under the plan (or coverage) on an
in-network basis and benefits provided under the plan (or
coverage) on an out-of-network basis.
``(2) Clarification.--Nothing in paragraph (1) shall be
construed as requiring that a group health plan (or health
insurance coverage offered in connection with such a plan)
eliminate an out-of-network provider option from such plan (or
coverage) pursuant to the terms of the plan (or coverage).
``(c) Other Requirements.--
``(1) Annual or lifetime dollar limitations.--A group
health plan (or health insurance coverage offered in connection
with such a plan) may not impose any annual or lifetime dollar
limitation on benefits for pervasive developmental disorders
unless such limitation applies to all medical and surgical
benefits and benefits for pervasive developmental disorders
under the plan (or coverage).
``(2) Cost sharing.--A group health plan (or health
insurance coverage offered in connection with such a plan) may
not impose a deductible, coinsurance, or other cost-sharing
with respect to the coverage of pervasive developmental
disorders under the plan (or coverage), which is greater than
the deductible, coinsurance, or other cost-sharing, as the case
may be, imposed with respect to medical and surgical benefits
under the plan (or coverage).
``(3) Eligibility to enroll or renew.--A group health plan
(or a health insurance issuer providing health insurance
coverage offered in connection with such a plan) may not deny
eligibility, or continued eligibility, to enroll or to renew
coverage under the term of the plan (or coverage), solely for
the purpose of avoiding the requirements of this section.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in the last sentence of
section 102(a), for purposes of assuring notice of such requirements
under the plan; except that the summary description required to be
provided under the fourth sentence of section 104(b)(1) with respect to
such modification shall be provided by not later than 60 days after the
first day of the first plan year in which such requirements apply.
``(e) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to
any group health plan (and group health insurance
coverage offered in connection with a group health
plan) for any plan year of a small employer.
``(B) Small employer.--For purposes of subparagraph
(A), the term `small employer' means, in connection
with a group health plan with respect to a calendar
year and a plan year, an employer who employed an
average of at least 2 (or 1 in the case of an employer
residing in a State that permits small groups to
include a single individual) but not more than 50
employees on business days during the preceding
calendar year.
``(C) Application of certain rules in determination
of employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section
414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a
single employer.
``(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the
preceding calendar year, the determination of
whether such employer is a small employer shall
be based on the average number of employees
that it is reasonably expected such employer
will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in
this paragraph to an employer shall include a
reference to any predecessor of such employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan (or group health
insurance coverage offered in connection with a group health
plan) if the application of this section to such plan (or
coverage) results in an increase in the cost under the plan (or
coverage) of at least 1 percent.
``(f) Pervasive Developmental Disorder Defined.--For purposes of
this section, the term `pervasive developmental disorder' means any
developmental disability (as defined in section 102(8) of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002(8))).
``(g) Preemption, Relation to State Laws.--
``(1) In general.--Nothing in this section shall be
construed to preempt any State law in effect with respect to
health insurance coverage to the extent the requirements of
such law at least meet the requirements of this section.
``(2) ERISA.--Nothing in this section shall be construed to
affect or modify the provisions of section 514 with respect to
group health plans.''.
(b) Conforming Amendments.--
(1) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(2) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(c) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Parity for pervasive developmental disorders.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2009.
SEC. 3. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.
(a) In General.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986 (relating to group health plan requirements) is
amended by adding at the end the following new section:
``SEC. 9813. PARITY FOR PERVASIVE DEVELOPMENTAL DISORDERS.
``(a) In General.--A group health plan that provides both medical
and surgical benefits shall provide coverage for pervasive
developmental disorders, including coverage for therapeutic, respite,
and rehabilitative care for participants or beneficiaries who have not
attained 22 years of age.
``(b) In-Network and Out-of-Network Standards.--
``(1) In general.--In the case of a group health plan that
provides benefits for pervasive developmental disorders, and
that provides both in-network benefits for such disorders and
out-of-network benefits for such disorders, the requirements of
this section shall apply separately with respect to benefits
provided under the plan on an in-network basis and benefits
provided under the plan on an out-of-network basis.
``(2) Clarification.--Nothing in paragraph (1) shall be
construed as requiring that a group health plan eliminate an
out-of-network provider option from such plan pursuant to the
terms of the plan.
``(c) Other Requirements.--
``(1) Annual or lifetime dollar limitations.--A group
health plan may not impose any annual or lifetime dollar
limitation on benefits for pervasive developmental disorders
unless such limitation applies to all medical and surgical
benefits and benefits for pervasive developmental disorders
provided under the plan.
``(2) Cost sharing.--A group health plan may not impose a
deductible, coinsurance, or other cost-sharing with respect to
the coverage of pervasive developmental disorders under the
plan, which is greater than the deductible, coinsurance, or
other cost-sharing, as the case may be, imposed with respect to
medical and surgical benefits under the plan.
``(3) Eligibility to enroll or renew.--A group health plan
may not deny eligibility, or continued eligibility, to enroll
or to renew coverage under the term of the plan, solely for the
purpose of avoiding the requirements of this section.
``(d) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to
any group health plan for any plan year of a small
employer.
``(B) Small employer.--For purposes of subparagraph
(A), the term `small employer' means, with respect to a
calendar year and a plan year, an employer who employed
an average of at least 2 (or 1 in the case of an
employer residing in a State that permits small groups
to include a single individual) but not more than 50
employees on business days during the preceding
calendar year. For purposes of the preceding sentence,
all persons treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 shall
be treated as 1 employer and rules similar to rules of
subparagraphs (B) and (C) of section 4980D(d)(2) shall
apply.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan if the application of
this section to such plan results in an increase in the cost
under the plan of at least 1 percent.
``(e) Pervasive Developmental Disorder Defined.--For purposes of
this section, the term `pervasive developmental disorder' means any
developmental disability (as defined in section 102(8) of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002(8)).''.
(b) Conforming Amendments.--The table of sections for subchapter B
of chapter 100 of such Code is amended by adding at the end the
following new item:
``Sec. 9813. Parity for pervasive developmental disorders.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 2009. | Fairness in Autism Treatment Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require a group health plan that provides both medical and surgical benefits to also provide coverage for pervasive developmental disorders, including coverage for therapeutic, respite, and rehabilitative care for participants or beneficiaries who have not attained 22 years of age.
Applies the requirements of this Act separately with respect to benefits provided in-network and out-of-network.
Prohibits a group health plan from: (1) imposing any annual or lifetime dollar limitation on benefits for pervasive developmental disorders unless such limitation applies to all medical and surgical benefits as well; (2) imposing a deductible, coinsurance, or other cost-sharing for such disorders that is greater than the cost-sharing imposed for medical and surgical benefits; or (3) denying eligibility, or continued eligibility, to enroll or renew coverage under the term of the plan solely for the purpose of avoiding the requirements of this Act.
Considers the requirements of this Act a material change for the purpose of notice requirements.
Excludes from the requirements of this Act: (1) a group health plan of a small employer; or (2) a group health plan if the application of this Act results in an increase in the cost under the plan of at least 1%.
Provides that this Act shall not be construed to preempt any state law that at least meets the requirements of this Act. | To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to require that group health plans provide coverage for pervasive developmental disorders such as autism. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CEO-Employee Pay Fairness Act of
2014''.
SEC. 2. EXPANSION OF DENIAL OF DEDUCTION FOR CERTAIN EXCESSIVE EMPLOYEE
REMUNERATION.
(a) Expanded Application of Deduction Denial if Pay Fairness
Requirement Not Met.--Section 162(m) of the Internal Revenue Code of
1986 is amended by adding at the end the following new paragraph:
``(7) Special rule in case of companies not meeting pay
fairness requirement.--
``(A) In general.--In the case of a publicly held
corporation which does not meet the pay fairness
requirement of subparagraph (B) for the taxable year--
``(i) no deduction shall be allowed under
this chapter for applicable employee
remuneration with respect to any employee to
the extent that the amount of such remuneration
for the taxable year with respect to such
employee exceeds $1,000,000, and
``(ii) paragraph (4) shall be applied
without regard to subparagraphs (B), (C), and
(D) thereof.
For purposes of the preceding sentence, the term
`employee' includes any officer or director of the
taxpayer and any former officer, director, or employee
of the taxpayer.
``(B) Pay fairness requirement.--The pay fairness
requirement of this subparagraph is satisfied if--
``(i)(I) the average compensation paid by
the taxpayer to or for all applicable United
States employees for the taxable year, exceeds
``(II) the inflation and productivity
growth adjusted average of such compensation
for the preceding taxable year, and
``(ii) the aggregate compensation paid by
the employer to or for all applicable United
States employees for the taxable year is not
less than the aggregate of such compensation
for the preceding taxable year.
``(C) Applicable united states employee.--For
purposes of this paragraph, the term `applicable United
States employee' means, with respect to any taxable
year, any employee--
``(i) whose services with respect to the
employer are substantially all performed within
the United States, and
``(ii) whose compensation from the employer
for the taxable year does not exceed the dollar
amount in effect under section 414(q)(1)(B)(i)
with respect to the calendar year in which such
taxable year begins.
``(D) Inflation and productivity growth adjusted
average.--The inflation and productivity growth
adjusted average of compensation under subparagraph
(B)(i)(II) for any taxable year shall be determined by
multiplying--
``(i) the average of the compensation paid
by the taxpayer to or for all applicable United
States employees for the taxable year, by
``(ii) the sum of the cost-of-living
adjustment and the productivity adjustment for
the taxable year.
``(E) Cost-of-living adjustment.--For purposes of
subparagraph (D)(ii), the cost-of-living adjustment for
any taxable year shall be the cost-of-living adjustment
determined under section 1(f)(3) for the calendar year
in which the taxable year begins, determined by
substituting `the second preceding calendar year' for
`calendar year 1992' in subparagraph (B) thereof.
``(F) Productivity adjustment.--For purposes of
subparagraph (D)(ii)--
``(i) In general.--The productivity
adjustment for the taxable year shall be an
amount (expressed as a percentage) equal to the
average annual increase in the business
productivity index for the period beginning
with calendar year 2000 and ending with the
calendar year preceding the calender year in
which the taxable year begins.
``(ii) Business productivity index.--The
term `business productivity index' means the
nonfarm business productivity index published
by the Bureau of Labor Statistics as adjusted
by the Secretary to account for depreciation.
``(G) Compensation.--For purposes of this
subparagraph, the term `compensation' means, with
respect to any employee, the sum of--
``(i) the employee's wages on which the tax
under section 3101(b) is imposed, plus
``(ii) any amount described in paragraph
(9), (11), (12), or (14) of section 6051(a)
with respect to the employee.
``(H) Aggregation rules.--Rules similar to the
rules of paragraph (5)(B)(iii) shall apply for purposes
of this paragraph.
``(I) Regulations.--The Secretary may prescribe
such regulations as are necessary to carry out the
purposes of this paragraph, including adjustments to
the pay fairness requirements of subparagraph (B)--
``(i) to prevent avoidance of this
paragraph through changes in the composition of
the taxpayer's workforce, and
``(ii) to account for significant, non-tax-
motivated changes in the size and composition
of the taxpayer's workforce (including mergers,
spinoffs, or changes in the occupational
composition of a taxpayer's workforce).''.
(b) Modification of Definition of Covered Employees.--
(1) In general.--Paragraph (3) of section 162(m) of such
Code is amended--
(A) in subparagraph (A), by striking ``as of the
close of the taxable year, such employee is the chief
executive officer of the taxpayer or is'' and inserting
``such employee is the chief executive officer or the
chief financial officer of the taxpayer at any time
during the taxable year, or was'',
(B) in subparagraph (B) by striking ``(other than
the chief executive officer)'' and inserting ``(other
than any individual described in subparagraph (A))'',
and
(C) 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) was a covered employee of the taxpayer (or
any predecessor) for any preceding taxable year
beginning after December 31, 2014.''.
(2) Technical amendment.--Section 162(m)(3)(B) of such Code
is amended by striking ``4 highest'' and inserting ``3
highest''.
(c) Applicable Employee Remuneration Paid to Beneficiaries, etc.--
Paragraph (4) of section 162(m) of such Code is amended by adding at
the end the following new subparagraph:
``(H) Special rule for remuneration paid to
beneficiaries, etc.--Remuneration shall not fail to be
applicable employee remuneration merely because it is
includible in the income of, or paid to, a person other
than the covered employee, including after the death of
the covered employee.''.
(d) Expansion of Applicable Employer To Include Non-Listed Public
Companies.--Paragraph (2) of section 162(m) of such Code is amended to
read as follows:
``(2) Publicly held corporation.--For purposes of this
subsection, the term `publicly held corporation' means any
corporation which is an issuer (as defined in section 3 of the
Securities Exchange Act of 1934)--
``(A) that has a class of securities registered
under section 12 of such Act, or
``(B) that is required to file reports under
section 15(d) of such Act.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014. | CEO-Employee Pay Fairness Act of 2014 - Amends the Internal Revenue Code to deny a publicly held corporation a tax deduction for the payment of performance-based remuneration in excess of $1 million to any of its current or former officers or directors if such corporation does not meet the pay fairness requirement established by this Act. Deems the pay fairness requirement to be satisfied if: (1) the average compensation paid by the employer for all applicable U.S. employees for the taxable year exceeds the inflation and productivity growth adjusted average (i.e., $115,000 in 2014) of such compensation for the preceding taxable year; and (2) the aggregate compensation paid by the employer to or for all applicable employees for the taxable year is not less than the aggregate of such compensation for the preceding taxable year. | CEO-Employee Pay Fairness Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Equipment Modernization Act
of 2001''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO ELECTION ADMINISTRATION
IMPROVEMENT FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO ELECTION
ADMINISTRATION IMPROVEMENT FUND
``Sec. 6098. Designation to Election
Administration Improvement
Fund.
``SEC. 6098. DESIGNATION TO ELECTION ADMINISTRATION IMPROVEMENT FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $1
or more may designate that $1 shall be paid over to the Election
Administration Improvement Fund in accordance with the provisions of
section 9511. In the case of a joint return of husband and wife having
an adjusted income tax liability of $2 or more, each spouse may
designate that $1 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.
``(d) Termination.--Designations may be made under this section for
taxable years beginning after December 31, 2001, and ending before
January 1, 2004.''
(b) Election Administration Improvement Fund.--Subchapter A of
chapter 98 of such Code (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9511. ELECTION ADMINISTRATION IMPROVEMENT FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Election
Administration Improvement Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Election Administration Improvement Fund amounts equivalent to the
amounts designated under section 6098.
``(c) Expenditures.--Amounts in the Election Administration
Improvement Fund shall be available, as provided in appropriation Acts,
for purposes of making payments to States under subsection (d), to the
extent that such amounts exceed the aggregate of all Federal
administrative costs attributable to the implementation of section
6098, subsections (a) and (b) of this section, and (with respect to
such fund) section 9602.
``(d) Payments to States.--
``(1) In general.--From the amounts available pursuant to
subsection (c) for a fiscal year, the Federal Election
Commission shall make a payment to each State for carrying out
activities to improve the administration of elections for
Federal office, including the purchase and maintenance of
improved voting equipment and technology, in accordance with
such criteria as the Commission may establish by regulation.
``(2) Amount of payment.--The amount of the payment made to
a State for a fiscal year under this subsection shall be equal
to the product of--
``(A) the total amount available for payments under
this subsection for the fiscal year; and
``(B) the amount (expressed as a percentage) equal
to the population of the State divided by the total
population of all States.
``(3) State defined.--In this subsection, the term `State'
means each of the several States and the District of
Columbia.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of income tax
payments to Election
Administration Improvement
Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Election Administration
Improvement Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Voting Equipment Modernization Act of 2001 - Amends the Internal Revenue Code to permit, for a two year period, taxpayers to check-off one dollar to be paid into the Election Administration Improvement Fund (established by this Act) which shall provide funding to States for carrying out activities to improve the administration of elections for Federal office, including the purchase and maintenance of improved voting equipment and technology. | To amend the Internal Revenue Code of 1986 to establish a temporary checkoff on income tax returns to provide funding to States for improving the administration of elections for Federal office. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Lands Open Dump Cleanup Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are at least 600 open dumps on Indian and Alaska
Native lands;
(2) these dumps threaten the health and safety of residents of
Indian and Alaska Native lands and contiguous areas;
(3) many of these dumps were established or are used by Federal
agencies such as the Bureau of Indian Affairs and the Indian Health
Service;
(4) these dumps threaten the environment;
(5) the United States holds most Indian lands in trust for the
benefit of Indian tribes and Indian individuals; and
(6) most Indian tribal governments and Alaska Native entities
lack the financial and technical resources necessary to close and
maintain these dumps in compliance with applicable Federal laws.
(b) Purposes.--The purposes of this Act are to--
(1) identify the location of open dumps on Indian lands and
Alaska Native lands;
(2) assess the relative health and environmental hazards posed
by such dumps; and
(3) provide financial and technical assistance to Indian tribal
governments and Alaska Native entities, either directly or by
contract, to close such dumps in compliance with applicable Federal
standards and regulations, or standards promulgated by an Indian
tribal government or Alaska Native entity, if such standards are
more stringent than the Federal standards.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) Closure or close.--The term ``closure or close'' means the
termination of operations at open dumps on Indian land or Alaska
Native land and bringing such dumps into compliance with applicable
Federal standards and regulations, or standards promulgated by an
Indian tribal government or Alaska Native entity, if such standards
are more stringent than the Federal standards and regulations.
(2) Director.--The term ``Director'' means the Director of the
Indian Health Service.
(3) Indian land.--The term ``Indian land'' means--
(A) land within the limits of any Indian reservation under
the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and including
rights-of-way running through the reservation;
(B) dependent Indian communities within the borders of the
United States whether within the original or subsequently
acquired territory thereof, and whether within or without the
limits of a State; and
(C) Indian allotments, the Indian titles to which have not
been extinguished, including rights-of-way running through such
allotments.
(4) Alaska native land.--The term ``Alaska Native land'' means
(A) land conveyed or to be conveyed pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1600 et seq.), including any land
reconveyed under section 14(c)(3) of that Act (43 U.S.C.
1613(c)(3)), and (B) land conveyed pursuant to the Act of November
2, 1966 (16 U.S.C. 1151 et seq.; commonly known as the ``Fur Seal
Act of 1966'').
(5) Indian tribal government.--The term ``Indian tribal
government'' means the governing body of any Indian tribe, band,
nation, pueblo, or other organized group or community which is
recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
(6) Alaska native entity.--The term ``Alaska Native entity''
includes native corporations established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1600 et seq.) and any
Alaska Native village or municipal entity which owns Alaska Native
land.
(7) Open dump.--The term ``open dump'' means any facility or
site where solid waste is disposed of which is not a sanitary
landfill which meets the criteria promulgated under section 6944 of
the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) and which is
not a facility for disposal of hazardous waste.
(8) Postclosure maintenance.--The term ``postclosure
maintenance'' means any activity undertaken at a closed solid waste
management facility on Indian land or on Alaska Native land to
maintain the integrity of containment features, monitor compliance
with applicable performance standards, or remedy any situation or
occurrence that violates regulations promulgated pursuant to
subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et
seq.).
(9) Service.--The term ``Service'' means the Indian Health
Service.
(10) Solid waste.--The term ``solid waste'' has the meaning
provided that term by section 1004(27) of the Solid Waste Disposal
Act (42 U.S.C. 6903) and any regulations promulgated thereunder.
SEC. 4. INVENTORY OF OPEN DUMPS.
(a) Study and Inventory.--Not later than 12 months after the date
of enactment of this Act, the Director shall conduct a study and
inventory of open dumps on Indian lands and Alaska Native lands. The
inventory shall list the geographic location of all open dumps, an
evaluation of the contents of each dump, and an assessment of the
relative severity of the threat to public health and the environment
posed by each dump. Such assessment shall be carried out cooperatively
with the Administrator of the Environmental Protection Agency. The
Director shall obtain the concurrence of the Administrator in the
determination of relative severity made by any such assessment.
(b) Annual Reports.--Upon completion of the study and inventory
under subsection (a), the Director shall report to the Congress, and
update such report annually--
(1) the current priority of Indian and Alaska Native solid
waste deficiencies,
(2) the methodology of determining the priority listing,
(3) the level of funding needed to effectively close or bring
into compliance all open dumps on Indian lands or Alaska Native
lands, and
(4) the progress made in addressing Indian and Alaska Native
solid waste deficiencies.
(c) 10-Year Plan.--The Director shall develop and begin
implementation of a 10-year plan to address solid waste disposal needs
on Indian lands and Alaska Native lands. This 10-year plan shall
identify--
(1) the level of funding needed to effectively close or bring
into compliance with applicable Federal standards any open dumps
located on Indian lands and Alaska Native lands; and
(2) the level of funding needed to develop comprehensive solid
waste management plans for every Indian tribal government and
Alaska Native entity.
SEC. 5. AUTHORITY OF THE DIRECTOR OF THE INDIAN HEALTH SERVICE.
(a) Reservation Inventory.--(1) Upon request by an Indian tribal
government or Alaska Native entity, the Director shall--
(A) conduct an inventory and evaluation of the contents of open
dumps on the Indian lands or Alaska Native lands which are subject
to the authority of the Indian tribal government or Alaska Native
entity;
(B) determine the relative severity of the threat to public
health and the environment posed by each dump based on information
available to the Director and the Indian tribal government or
Alaska Native entity unless the Director, in consultation with the
Indian tribal government or Alaska Native entity, determines that
additional actions such as soil testing or water monitoring would
be appropriate in the circumstances; and
(C) develop cost estimates for the closure and postclosure
maintenance of such dumps.
(2) The inventory and evaluation authorized under paragraph (1)(A)
shall be carried out cooperatively with the Administrator of the
Environmental Protection Agency. The Director shall obtain the
concurrence of the Administrator in the determination of relative
severity made under paragraph (1)(B).
(b) Assistance.--Upon completion of the activities required to be
performed pursuant to subsection (a), the Director shall, subject to
subsection (c), provide financial and technical assistance to the
Indian tribal government or Alaska Native entity to carry out the
activities necessary to--
(1) close such dumps; and
(2) provide for postclosure maintenance of such dumps.
(c) Conditions.--All assistance provided pursuant to subsection (b)
shall be made available on a site-specific basis in accordance with
priorities developed by the Director. Priorities on specific Indian
lands or Alaska Native lands shall be developed in consultation with
the Indian tribal government or Alaska Native entity. The priorities
shall take into account the relative severity of the threat to public
health and the environment posed by each open dump and the availability
of funds necessary for closure and postclosure maintenance.
SEC. 6. CONTRACT AUTHORITY.
(a) Authority of Director.--To the maximum extent feasible, the
Director shall carry out duties under this Act through contracts,
compacts, or memoranda of agreement with Indian tribal governments or
Alaska Native entities pursuant to the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.), section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), or section 302 of the Indian
Health Care Improvement Act (25 U.S.C. 1632).
(b) Cooperative Agreements.--The Director is authorized, for
purposes of carrying out the duties of the Director under this Act, to
contract with or enter into such cooperative agreements with such other
Federal agencies as is considered necessary to provide cost-sharing for
closure and postclosure activities, to obtain necessary technical and
financial assistance and expertise, and for such other purposes as the
Director considers necessary.
SEC. 7. TRIBAL DEMONSTRATION PROJECT.
(a) In General.--The Director may establish and carry out a program
providing for demonstration projects involving open dumps on Indian
land or Alaska Native land. It shall be the purpose of such projects to
determine if there are unique cost factors involved in the cleanup and
maintenance of open dumps on such land, and the extent to which
advanced closure planning is necessary. Under the program, the Director
is authorized to select no less than three Indian tribal governments or
Alaska Native entities to participate in such demonstration projects.
(b) Criteria.--Criteria established by the Director for the
selection and participation of an Indian tribal government or Alaska
Native entity in the demonstration project shall provide that in order
to be eligible to participate, an Indian tribal government or Alaska
Native entity must--
(1) have one or more existing open dumps on Indian lands or
Alaska Native lands which are under its authority;
(2) have developed a comprehensive solid waste management plan
for such lands; and
(3) have developed a closure and postclosure maintenance plan
for each dump located on such lands.
(c) Duration of Funding for a Project.--No demonstration project
shall be funded for more than three fiscal years.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) General Authorization.--There are authorized to be appropriated
such sums as may be necessary to carry out this Act.
(b) Coordination.--The activities required to be performed by the
Director under this Act shall be coordinated with activities related to
solid waste and sanitation facilities funded pursuant to other
authorizations.
SEC. 9. DISCLAIMERS.
(a) Authority of Director.--Nothing in this Act shall be construed
to alter, diminish, repeal, or supersede any authority conferred on the
Director pursuant to section 302 of the Indian Health Care Improvement
Act (25 U.S.C. 1632), and section 7 of the Act of August 5, 1954 (42
U.S.C. 2004a).
(b) Exempted Lands and Facilities.--This Act shall not apply to
open dump sites on Indian lands or Alaska Native lands--
(1) that comprise an area of one-half acre or less and that are
used by individual families on lands to which they hold legal or
beneficial title;
(2) of any size that have been or are being operated for a
profit; or
(3) where solid waste from an industrial process is being or
has been routinely disposed of at a privately owned facility in
compliance with applicable Federal laws.
(c) Rules of Construction.--(1) Nothing in this Act shall be
construed to amend or modify the authority or responsibility of the
Administrator of the Environmental Protection Agency under the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(2) Nothing in this Act is intended to amend, repeal, or supersede
any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Lands Open Dump Cleanup Act of 1994 - Requires the Director of the Indian Health Service to: (1) study and inventory open dumps on Indian and Alaska Native lands; and (2) develop and implement a ten-year plan to address solid waste disposal needs on such lands.
Requires the Director, upon request, to evaluate the health threat of open dumps and provide financial and technical assistance to tribal and Alaska Native entities to close such dumps and provide postclosure maintenance.
Authorizes the Director to carry out at least three tribal or Alaska Native dump closure demonstration projects.
Authorizes appropriations. | Indian Lands Open Dump Cleanup Act of 1994 |
SECTION 1. CLASS SIZE DEMONSTRATION GRANTS.
Subpart 3 of part D of title V of the Higher Education Act of 1965
(20 U.S.C. 1109 et seq.) is amended to read as follows:
``Subpart 3--Class Size Demonstration Grants
``SEC. 561. PURPOSE.
``It is the purpose of this subpart to provide grants to State
educational agencies to enable such agencies to determine the benefits,
in various school settings, of reducing class size on the educational
performance of students and on classroom management and organization.
``SEC. 562. PROGRAM AUTHORIZED.
``(a) Program Authorized.--
``(1) In general.--The Secretary shall award grants, on a
competitive basis, to State educational agencies to pay the
Federal share of the costs of conducting demonstration projects
that demonstrate methods of reducing class size that may
provide information meaningful to other State educational
agencies and local educational agencies.
``(2) Federal share.--The Federal share shall be 50
percent.
``(b) Reservation.--The Secretary may reserve not more than 5
percent of the amount appropriated under section 565A for each fiscal
year to carry out the activities described in section 565.
``(c) Selection Criteria.--The Secretary shall make grants to State
educational agencies on the basis of--
``(1) the need and the ability of a State educational
agency to reduce the class size of an elementary school or
secondary school served by such agency;
``(2) the ability of a State educational agency to furnish
the non-Federal share of the costs of the demonstration project
for which assistance is sought;
``(3) the ability of a State educational agency to continue
the project for which assistance is sought after the
termination of Federal financial assistance under this subpart;
and
``(4) the degree to which a State educational agency
demonstrates in the application submitted pursuant to section
564 consultation in program implementation and design with
parents, teachers, school administrators, and local teacher
organizations, where applicable.
``(d) Priority.--In awarding grants under this subpart, the
Secretary shall give priority to demonstration projects that involve
at-risk students in the earliest grades, including educationally or
economically disadvantaged students, students with disabilities, and
limited English proficient students.
``(e) Grants Must Supplement Other Funds.--A State educational
agency shall use the Federal funds received under this subpart to
supplement and not supplant other Federal, State, and local funds
available to the State educational agency to carry out the purpose of
this subpart.
``SEC. 563. PROGRAM REQUIREMENTS.
``(a) Annual Competition.--In each fiscal year, the Secretary shall
announce the factors to be examined in a demonstration project assisted
under this subpart. Such factors may include--
``(1) the magnitude of the reduction in class size to be
achieved;
``(2) the level of education in which the demonstration
projects shall occur;
``(3) the form of the instructional strategy to be
demonstrated; and
``(4) the duration of the project.
``(b) Random Techniques and Appropriate Comparison Groups.--
Demonstration projects assisted under this subpart shall be designed to
utilize randomized techniques or appropriate comparison groups.
``SEC. 564. APPLICATION.
``(a) In General.--In order to receive a grant under this subpart,
a State educational agency shall submit an application to the Secretary
that is responsive to the announcement described in section 563(a), at
such time, in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
``(b) Duration.--The Secretary shall encourage State educational
agencies to submit applications under this subpart for a period of 5
years.
``(c) Contents.--Each application submitted under subsection (a)
shall include--
``(1) a description of the objectives to be attained with
the grant funds and the manner in which the grant funds will be
used to reduce class size;
``(2) a description of the steps to be taken to achieve
target class sizes, including, where applicable, the
acquisition of additional teaching personnel and classroom
space;
``(3) a statement of the methods for the collection of data
necessary for the evaluation of the impact of class size
reduction programs on student achievement;
``(4) an assurance that the State educational agency will
pay, from non-Federal sources, the non-Federal share of the
costs of the demonstration project for which assistance is
sought; and
``(5) such additional assurances as the Secretary may
reasonably require.
``(d) Sufficient Size and Scope Required.--The Secretary shall
award grants under this subpart only to State educational agencies
submitting applications which described projects of sufficient size and
scope to contribute to carrying out the purpose of this subpart.
``SEC. 565. EVALUATION AND DISSEMINATION.
``(a) National Evaluation.--The Secretary shall conduct a national
evaluation of the demonstration projects assisted under this subpart to
determine the costs incurred in achieving the reduction in class size
and the effects of the reductions on results, such as student
performance in the affected subjects or grades, attendance, discipline,
classroom organization, management, and teacher satisfaction and
retention.
``(b) Cooperation.--Each State educational agency receiving a grant
under this subpart shall cooperate in the national evaluation described
in subsection (a) and shall provide such information to the Secretary
as the Secretary may reasonably require.
``(c) Reports.--The Secretary shall report to Congress on the
results of the evaluation conducted under subsection (a).
``(d) Dissemination.--The Secretary shall widely disseminate
information about the results of the class size demonstration projects
assisted under this subpart.
``SEC. 565A. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$15,000,000 for fiscal year 1999 and each of the 4 succeeding fiscal
years.''.
SEC. 2. PRIVATE SECTOR FUNDING FOR RESEARCH AND DEVELOPMENT BY NASA
RELATING TO AIRCRAFT PERFORMANCE.
The Administrator of the National Aeronautics and Space
Administration may not carry out research and development activities
relating to the performance of aircraft (including supersonic aircraft
and subsonic aircraft) unless the Administrator receives payment in
full for such activities from the private sector. | Amends the Higher Education Act of 1965 to establish a competitive Class Size Demonstration Grants program.
Directs the Secretary of Education to award such grants to State educational agencies (SEAs) to pay half of the costs of conducting projects that demonstrate methods of reducing class size that may provide information meaningful to other SEAs and local educational agencies (LEAs). Authorizes the Secretary to reserve up to five percent of funds for this Act for each fiscal year to carry out national evaluation and dissemination activities.
Sets forth program requirements for: (1) grant selection criteria; (2) priority for projects that involve at-risk students in the earliest grades, including educationally or economically disadvantaged students, students with disabilities, and limited English proficient students; (3) annual competitions; (4) random techniques and appropriate comparison groups; (5) applications; and (6) sufficient size and scope of projects.
Directs the Secretary to: (1) conduct, and report to the Congress on, a national evaluation of such projects to determine the costs incurred in achieving the reduction in class size and the effects of the reductions on results; and (2) widely disseminate information about the results of such projects.
Authorizes appropriations.
(Sec. 2) Prohibits the Administrator of the National Aeronautics and Space Administration from carrying out research and development activities relating to the performance of aircraft (including supersonic aircraft and subsonic aircraft) unless the Administrator receives payment in full for such activities from the private sector. | A bill to provide class size demonstration grants. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Litigation Attorney
Accountability and Transparency Act''.
SEC. 2. DISCLOSURES OF PAYMENTS, FEE ARRANGEMENTS, CONTRIBUTIONS, AND
OTHER POTENTIAL CONFLICTS OF INTEREST BETWEEN PLAINTIFF
AND ATTORNEYS.
(a) Securities Exchange Act of 1934.--Section 21D(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by
adding at the end the following:
``(10) Disclosures regarding payments.--
``(A) Sworn certifications required.--
``(i) In general.--In any private action
arising under this title, each plaintiff and
any attorney for such plaintiff shall provide
sworn certifications, which shall--
``(I) be personally signed by such
plaintiff and each such attorney,
respectively;
``(II) be filed with the complaint;
and
``(III) identify any direct or
indirect payment, or promise of any
payment, by such attorney, or any
person affiliated with such attorney,
to such plaintiff, or any person
affiliated with such plaintiff, beyond
the pro rata share of any recovery
received by the plaintiff, except as
ordered or approved by the court in
accordance with paragraph (4).
``(ii) Court actions.--Upon disclosure of
any payment or promise of payment described in
clause (i), the court shall disqualify the
attorney from representing the plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' includes the transfer of money and
any other thing of value, including the provision of
services, other than representation of the plaintiff in
the private action arising under this title.
``(11) Disclosures regarding legal representations.--
``(A) In general.--In any private action arising
under this title, each plaintiff and any attorney for
such plaintiff shall provide sworn certifications,
which shall--
``(i) be personally signed by such
plaintiff and each such attorney, respectively;
``(ii) be filed with the complaint; and
``(iii) identify the nature and terms of
any legal representation provided by such
attorney, or any person affiliated with such
attorney, to such plaintiff, or any person
affiliated with such plaintiff, other than the
representation of the plaintiff in the private
action arising under this title.
``(B) Court actions.--The court--
``(i) may allow certifications under
subparagraph (A) to be made under seal;
``(ii) shall review such certifications to
determine whether cause exists to believe that
the nature or terms of the fee arrangement for
any other matter influenced the selection and
retention of counsel in the private action
arising under this title;
``(iii) may conduct a factual inquiry or
refer the question to a magistrate, if the
court makes a finding described in clause (ii);
and
``(iv) shall disqualify the attorney from
representing the plaintiff in any action
arising under this title, if the court finds,
after such inquiry, that the nature or terms of
the fee arrangement for any other matter
influenced the selection and retention of
counsel in any such action.
``(12) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall--
``(A) be personally signed by such plaintiff and
each such attorney, respectively;
``(B) be filed with the complaint; and
``(C) identify any contribution made during the 5-
year period preceding the date of filing of the
complaint by such attorney, any person affiliated with
such attorney, or any political action committee
controlled by such attorney, to any elected official
with real or apparent authority to retain counsel for
such plaintiff or to select or appoint, influence the
selection or appointment of, or oversee any individual
or group of individuals with that authority.''.
(b) Securities Act of 1933.--Section 27(a) of the Securities Act of
1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the
following:
``(9) Disclosures regarding payments.--
``(A) Sworn certifications required.--
``(i) In general.--In any private action
arising under this title, each plaintiff and
any attorney for such plaintiff shall provide
sworn certifications, which shall--
``(I) be personally signed by such
plaintiff and each such attorney,
respectively;
``(II) be filed with the complaint;
and
``(III) identify any direct or
indirect payment, or promise of any
payment, by such attorney, or any
person affiliated with such attorney,
to such plaintiff, or any person
affiliated with such plaintiff, beyond
the pro rata share of any recovery
received by the plaintiff, except as
ordered or approved by the court in
accordance with paragraph (4).
``(ii) Court actions.--Upon disclosure of
any payment or promise of payment described in
clause (i), the court shall disqualify the
attorney from representing the plaintiff.
``(B) Definition.--For purposes of this paragraph,
the term `payment' shall include the transfer of money
and any other thing of value, including the provision
of services, other than representation of the plaintiff
in the private action arising under this title.
``(10) Disclosures regarding legal representations.--
``(A) In general.--In any private action arising
under this title, each plaintiff and any attorney for
such plaintiff shall provide sworn certifications,
which shall--
``(i) be personally signed by such
plaintiff and each such attorney, respectively;
``(ii) be filed with the complaint; and
``(iii) identify the nature and terms of
any legal representation provided by such
attorney, or any person affiliated with such
attorney, to such plaintiff, or any person
affiliated with such plaintiff, other than the
representation of the plaintiff in the private
action arising under this title.
``(B) Court actions.--The court--
``(i) may allow certifications under
subparagraph (A) to be made under seal;
``(ii) shall review such certifications to
determine whether cause exists to believe that
the nature or terms of the fee arrangement for
any other matter influenced the selection and
retention of counsel in the private action
arising under this title;
``(iii) may conduct a factual inquiry or
refer the question to a magistrate, if the
court makes a finding described in clause (ii);
and
``(iv) shall disqualify the attorney from
representing the plaintiff in any action
arising under this title, if the court finds,
after such inquiry, that the nature or terms of
the fee arrangement for any other matter
influenced the selection and retention of
counsel in the private action arising under
this title.
``(11) Disclosures regarding contributions.--In any private
action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall--
``(A) be personally signed by such plaintiff and
each such attorney, respectively;
``(B) be filed with the complaint; and
``(C) identify any contribution made during the 5-
year period preceding the date of filing of the
complaint by such attorney, any person affiliated with
such attorney, or any political action committee
controlled by such attorney, to any elected official
with real or apparent authority to retain counsel for
such plaintiff or to select or appoint, influence the
selection or appointment of, or oversee any individual
or group of individuals with that authority.''.
SEC. 3. SELECTION OF LEAD COUNSEL.
(a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is
amended by adding at the end the following: ``In exercising the
discretion of the court over the approval of lead counsel, the court
shall employ a competitive bidding process as one of the criteria in
the selection and retention of counsel for the most adequate plaintiff,
unless the court determines on the record that such a process is not
feasible.''.
(b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the
Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by
adding at the end the following: ``In exercising the discretion of the
court over the approval of lead counsel, the court shall employ a
competitive bidding process as one of the criteria in the selection and
retention of counsel for the most adequate plaintiff, unless the court
determines on the record that such a process is not feasible.''.
SEC. 4. STUDY OF AVERAGE HOURLY FEES IN SECURITIES CLASS ACTIONS.
(a) Study and Review Required.--The Comptroller General of the
United States (in this section referred to as the ``Comptroller
General'') shall conduct a study and review of fee awards to lead
counsel in securities class actions during the 7-year period preceding
the date of enactment of this Act, to determine the effective average
hourly rate for lead counsel in such actions. Such study and review
shall also consider lead counsel perquisites, including travel and
accommodation.
(b) Report Required.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study and review required by this section. The
Comptroller General shall submit an updated report every 3 years
thereafter.
(c) Definition.--For purposes of this section, the term
``securities class action'' means a private class action arising under
the Securities Act of 1933 (15 U.S.C. 77 et seq.) or the Securities
Exchange Act of 1934 (15 U.S.C. 78 et seq.) that is brought as a
plaintiff class action pursuant to the Federal Rules of Civil
Procedure. | Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require plaintiff and plaintiff's attorney in any private securities class action to disclose in sworn certifications filed with the complaint: (1) any direct or indirect payment, or promise of such, by the attorney (or an affiliated person) to the plaintiff (or any affiliated person), beyond the pro rata share of any recovery received by the plaintiff; (2) the nature and terms of any legal representation provided by such attorney (or an affiliated person) to such plaintiff (or an affiliated person), other than the representation of the plaintiff in the private action; and (3) any contribution made during the five-year period preceding the filing date of the complaint by such attorney (or an affiliated person) or any political action committee controlled by such attorney, to any elected official with real or apparent authority to retain counsel for such plaintiff or to select or appoint, influence the selection or appointment of, or oversee any individual or group of individuals with that authority. Requires the court, in exercising its discretion over the approval of lead counsel, to employ a competitive bidding process as one of the criteria in the selection and retention of counsel for the most adequate plaintiff in a class action, unless the court determines on the record that such a process is not feasible. Directs the Comptroller General to: (1) study fee awards to lead counsel in securities class actions during the seven-year period preceding the enactment of this Act; and (2) determine the effective average hourly rate for lead counsel in such actions, including lead counsel perquisites such as travel and accommodation. | Securities Litigation Attorney Accountability and Transparency Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Strategic and Critical
Minerals Production Act of 2015''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The industrialization of developing nations has driven
demand for nonfuel minerals necessary for telecommunications,
military technologies, healthcare technologies, and
conventional and renewable energy technologies.
(2) The availability of minerals and mineral materials are
essential for economic growth, national security, technological
innovation, and the manufacturing and agricultural supply
chain.
(3) The exploration, production, processing, use, and
recycling of minerals contribute significantly to the economic
well-being, security, and general welfare of the Nation.
(4) The United States has vast mineral resources, but is
becoming increasingly dependent upon foreign sources of these
mineral materials, as demonstrated by the following:
(A) Twenty-five years ago the United States was
dependent on foreign sources for 45 nonfuel mineral
materials, 8 of which the United States imported 100
percent of the Nation's requirements, and for another
19 commodities the United States imported more than 50
percent of the Nation's needs.
(B) By 2014 the United States import dependence for
nonfuel mineral materials increased from 45 to 65
commodities, 19 of which the United States imported for
100 percent of the Nation's requirements, and an
additional 24 of which the United States imported for
more than 50 percent of the Nation's needs.
(C) The United States share of worldwide mineral
exploration dollars was 7 percent in 2014, down from 19
percent in the early 1990s.
(D) In the 2014 Ranking of Countries for Mining
Investment (out of 25 major mining countries), found
that 7- to 10-year permitting delays are the most
significant risk to mining projects in the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Strategic and critical minerals.--The term ``strategic
and critical minerals'' means minerals that are necessary--
(A) for national defense and national security
requirements;
(B) for the Nation's energy infrastructure,
including pipelines, refining capacity, electrical
power generation and transmission, and renewable energy
production;
(C) to support domestic manufacturing, agriculture,
housing, telecommunications, healthcare, and
transportation infrastructure; or
(D) for the Nation's economic security and balance
of trade.
(2) Agency.--The term ``agency'' means any agency,
department, or other unit of Federal, State, local, or tribal
government, or Alaska Native Corporation.
(3) Mineral exploration or mine permit.--The term ``mineral
exploration or mine permit'' includes--
(A) Bureau of Land Management and Forest Service
authorizations for pre-mining activities that require
environmental analyses pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(B) plans of operation issued by the Bureau of Land
Management and the Forest Service pursuant to 43 CFR
3809 and 36 CFR 228A or the authorities listed in 43
CFR 3503.13, respectively, as amended from time to
time.
TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL
MINERALS
SEC. 101. IMPROVING DEVELOPMENT OF STRATEGIC AND CRITICAL MINERALS.
Domestic mines that will provide strategic and critical minerals
shall be considered an ``infrastructure project'' as described in
Presidential order ``Improving Performance of Federal Permitting and
Review of Infrastructure Projects'' dated March 22, 2012.
SEC. 102. RESPONSIBILITIES OF THE LEAD AGENCY.
(a) In General.--The lead agency with responsibility for issuing a
mineral exploration or mine permit shall appoint a project lead within
the lead agency who shall coordinate and consult with cooperating
agencies and any other agency involved in the permitting process,
project proponents and contractors to ensure that agencies minimize
delays, set and adhere to timelines and schedules for completion of the
permitting process, set clear permitting goals and track progress
against those goals.
(b) Determination Under NEPA.--
(1) In general.--To the extent that the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
applies to the issuance of any mineral exploration or mine
permit, the requirements of such Act shall be deemed to have
been procedurally and substantively satisfied if the lead
agency determines that any State and/or Federal agency acting
pursuant to State or Federal (or both) statutory or procedural
authorities, has addressed or will address the following
factors:
(A) The environmental impact of the action to be
conducted under the permit.
(B) Possible adverse environmental effects of
actions under the permit.
(C) Possible alternatives to issuance of the
permit.
(D) The relationship between local long- and short-
term uses of man's environment and the maintenance and
enhancement of long-term productivity.
(E) Any irreversible and irretrievable commitment
of resources that would be involved in the proposed
action.
(F) That public participation will occur during the
decisionmaking process for authorizing actions under
the permit.
(2) Written requirement.--In reaching a determination under
paragraph (1), the lead agency shall, by no later than 90 days
after receipt of an application for the permit, in a written
record of decision--
(A) explain the rationale used in reaching its
determination;
(B) state the facts in the record that are the
basis for the determination; and
(C) show that the facts in the record could allow a
reasonable person to reach the same determination as
the lead agency did.
(c) Coordination on Permitting Process.--The lead agency with
responsibility for issuing a mineral exploration or mine permit shall
enhance government coordination for the permitting process by avoiding
duplicative reviews, minimizing paperwork, and engaging other agencies
and stakeholders early in the process. For purposes of this subsection,
the lead agency shall consider the following practices:
(1) Deferring to and relying upon baseline data, analyses
and reviews performed by State agencies with jurisdiction over
the proposed project.
(2) Conducting any consultations or reviews concurrently
rather than sequentially to the extent practicable and when
such concurrent review will expedite rather than delay a
decision.
(d) Memorandum of Agency Agreement.--If requested at any time by a
State or local planning agency, the lead agency with responsibility for
issuing a mineral exploration or mine permit, in consultation with
other Federal agencies with relevant jurisdiction in the environmental
review process, may establish memoranda of agreement with the project
sponsor, State and local governments, and other appropriate entities to
accomplish the early coordination activities described in subsection
(c).
(e) Schedule for Permitting Process.--For any project for which the
lead agency cannot make the determination described in 102(b), at the
request of a project proponent the lead agency, cooperating agencies,
and any other agencies involved with the mineral exploration or mine
permitting process shall enter into an agreement with the project
proponent that sets time limits for each part of the permitting
process, including for the following:
(1) The decision on whether to prepare a document required
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(2) A determination of the scope of any document required
under the National Environmental Policy Act of 1969.
(3) The scope of and schedule for the baseline studies
required to prepare a document required under the National
Environmental Policy Act of 1969.
(4) Preparation of any draft document required under the
National Environmental Policy Act of 1969.
(5) Preparation of a final document required under the
National Environmental Policy Act of 1969.
(6) Consultations required under applicable laws.
(7) Submission and review of any comments required under
applicable law.
(8) Publication of any public notices required under
applicable law.
(9) A final or any interim decisions.
(f) Time Limit for Permitting Process.--In no case should the total
review process described in subsection (d) exceed 30 months unless
extended by the signatories of the agreement.
(g) Limitation on Addressing Public Comments.--The lead agency is
not required to address agency or public comments that were not
submitted during any public comment periods or consultation periods
provided during the permitting process or as otherwise required by law.
(h) Financial Assurance.--The lead agency will determine the amount
of financial assurance for reclamation of a mineral exploration or
mining site, which must cover the estimated cost if the lead agency
were to contract with a third party to reclaim the operations according
to the reclamation plan, including construction and maintenance costs
for any treatment facilities necessary to meet Federal, State or tribal
environmental standards.
(i) Application to Existing Permit Applications.--This section
shall apply with respect to a mineral exploration or mine permit for
which an application was submitted before the date of the enactment of
this Act if the applicant for the permit submits a written request to
the lead agency for the permit. The lead agency shall begin
implementing this section with respect to such application within 30
days after receiving such written request.
(j) Strategic and Critical Minerals Within National Forests.--With
respect to strategic and critical minerals within a federally
administered unit of the National Forest System, the lead agency
shall--
(1) exempt all areas of identified mineral resources in
Land Use Designations, other than Non-Development Land Use
Designations, in existence as of the date of the enactment of
this Act from the procedures detailed at and all rules
promulgated under part 294 of title 36, Code of Federal
Regulations;
(2) apply such exemption to all additional routes and areas
that the lead agency finds necessary to facilitate the
construction, operation, maintenance, and restoration of the
areas of identified mineral resources described in paragraph
(1); and
(3) continue to apply such exemptions after approval of the
Minerals Plan of Operations for the unit of the National Forest
System.
SEC. 103. CONSERVATION OF THE RESOURCE.
In evaluating and issuing any mineral exploration or mine permit,
the priority of the lead agency shall be to maximize the development of
the mineral resource, while mitigating environmental impacts, so that
more of the mineral resource can be brought to the marketplace.
SEC. 104. FEDERAL REGISTER PROCESS FOR MINERAL EXPLORATION AND MINING
PROJECTS.
(a) Preparation of Federal Notices for Mineral Exploration and Mine
Development Projects.--The preparation of Federal Register notices
required by law associated with the issuance of a mineral exploration
or mine permit shall be delegated to the organization level within the
agency responsible for issuing the mineral exploration or mine permit.
All Federal Register notices regarding official document availability,
announcements of meetings, or notices of intent to undertake an action
shall be originated and transmitted to the Federal Register from the
office where documents are held, meetings are held, or the activity is
initiated.
(b) Departmental Review of Federal Register Notices for Mineral
Exploration and Mining Projects.--Absent any extraordinary circumstance
or except as otherwise required by any Act of Congress, each Federal
Register notice described in subsection (a) shall undergo any required
reviews within the Department of the Interior or the Department of
Agriculture and be published in its final form in the Federal Register
no later than 30 days after its initial preparation.
TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND
MINE PERMITS
SEC. 201. DEFINITIONS FOR TITLE.
In this title the term ``covered civil action'' means a civil
action against the Federal Government containing a claim under section
702 of title 5, United States Code, regarding agency action affecting a
mineral exploration or mine permit.
SEC. 202. TIMELY FILINGS.
A covered civil action is barred unless filed no later than the end
of the 60-day period beginning on the date of the final Federal agency
action to which it relates.
SEC. 203. RIGHT TO INTERVENE.
The holder of any mineral exploration or mine permit may intervene
as of right in any covered civil action by a person affecting rights or
obligations of the permit holder under the permit.
SEC. 204. EXPEDITION IN HEARING AND DETERMINING THE ACTION.
The court shall endeavor to hear and determine any covered civil
action as expeditiously as possible.
SEC. 205. LIMITATION ON PROSPECTIVE RELIEF.
In a covered civil action, the court shall not grant or approve any
prospective relief unless the court finds that such relief is narrowly
drawn, extends no further than necessary to correct the violation of a
legal requirement, and is the least intrusive means necessary to
correct that violation.
SEC. 206. LIMITATION ON ATTORNEYS' FEES.
Section 504 of title 5, United States Code, and section 2412 of
title 28, United States Code (together commonly called the Equal Access
to Justice Act) do not apply to a covered civil action, nor shall any
party in such a covered civil action receive payment from the Federal
Government for their attorneys' fees, expenses, and other court costs.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. SECRETARIAL ORDER NOT AFFECTED.
This Act shall not apply to any mineral described in Secretarial
Order No. 3324, issued by the Secretary of
the Interior on December 3, 2012, in any area to which the order
applies.
Passed the House of Representatives October 22, 2015.
Attest:
KAREN L. HAAS,
Clerk. | National Strategic and Critical Minerals Production Act of 2015 TITLE I--DEVELOPMENT OF DOMESTIC SOURCES OF STRATEGIC AND CRITICAL MINERALS (Sec. 101) Deems a domestic mine that will provide strategic and critical minerals to be an "infrastructure project" as described in Presidential Order "Improving Performance of Federal Permitting and Review of Infrastructure Projects" dated March 22, 2012. (Sec. 102) Sets forth the responsibilities of the lead agency (federal, state, local, tribal, or Alaska Native Corporation) with responsibility for issuing a mineral exploration or mine permit with respect to project coordination, agency consultation, project proponents, and contractors. Deems the requirements of National Environmental Policy Act of 1969 to have been satisfied if the lead agency determines that any state or federal agency acting pursuant to state or federal statutory or procedural authorities, has or will address specified factors. Requires the lead agency, if it cannot make such a determination, and at a project proponent's request, together with cooperating and other agencies involved in the permitting process to enter into an agreement with the project proponent that sets time limits for each part of the permitting process. Applies this Act to any mineral exploration or mine permit for which an application was submitted before enactment of this Act if the applicant so requests in writing. Requires the lead agency to begin implementing this Act with respect to such application within 30 days after receiving such a request. Requires the lead agency, with respect to strategic and critical minerals within a federally administered unit of the National Forest System, to: (1) exempt from federal regulations governing Special Areas all areas of identified mineral resources in Land Use Designations (other than Non-Development Land Use Designations); (2) apply such exemption to all additional routes and areas that the agency finds necessary to facilitate the construction, operation, maintenance, and restoration of the areas of the identified mineral resources; and (3) continue to apply such exemptions after approval of the Minerals Plan of Operations for the unit. (Sec. 103) Declares the priority of the lead agency, in evaluating and issuing any mineral exploration or mine permit, is to maximize mineral resource development while mitigating environmental impacts, so that more of the mineral resource can be brought to the market place. (Sec. 104) Prescribes the Federal Register notice process for mineral exploration and mining projects. Requires each notice to undergo any required reviews within the Department of the Interior or the Department of Agriculture and to be published in its final form in the Federal Register at least 30 days after its initial preparation, absent any extraordinary circumstance or except as otherwise required by any Act of Congress. TITLE II--JUDICIAL REVIEW OF AGENCY ACTIONS RELATING TO EXPLORATION AND MINE PERMITS (Sec. 202) Bars a civil action claiming legal wrong caused by an agency action affecting a mineral exploration or mine permit unless such claim is filed no later than 60 days after the date of the final federal agency action to which it relates. (Sec. 203) Authorizes the holder of a mineral exploration or mine permit to intervene as of right in any such civil action by a person affecting rights or obligations of the permit holder under the permit. (Sec. 204) Requires the court to hear and determine any such civil action as expeditiously as possible. (Sec. 205) Prohibits the court from granting or approving prospective relief unless it finds that such relief is narrowly drawn, extends no further than necessary to correct the violation of a legal requirement, and is the least intrusive means necessary to correct such violation. (Sec. 206) Declares inapplicable to such a civil action specified requirements of the Equal Access to Justice Act relating to award of costs and fees to a prevailing plaintiff. Prohibits payment from the federal government for court costs of a party in such a civil action, including attorneys' fees and expenses. TITLE III--MISCELLANEOUS PROVISIONS (Sec. 301) Declares this Act inapplicable to any mineral described in Secretarial Order No. 3324, issued by the Department of the Interior on December 3, 2012, in any area to which the order applies. | National Strategic and Critical Minerals Production Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lions Clubs International Century of
Service Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Lions Clubs International is the world's largest service
club organization founded in 1917 by Chicago business leader Melvin
Jones. Lions Clubs International empowers volunteers to serve their
communities, meet humanitarian needs, encourage peace and promote
international understanding through Lions clubs.
(2) Today, Lions Clubs International has over 1.35 million
members in more than 45,000 clubs globally, extending its mission
of service throughout the world every day.
(3) In 1945, Lions Clubs International became one of the first
nongovernmental organizations invited to assist in drafting the
United Nations Charter and has enjoyed a special relationship with
the United Nations ever since.
(4) In 1968, Lions Clubs International Foundation was
established to assist with global and large-scale local
humanitarian projects and has since then awarded more than $700
million to fund five unique areas of service: preserving sight,
combating disability, promoting health, serving youth and providing
disaster relief.
(5) In 1990, the Lions Clubs International Foundation launched
the SightFirst program to build comprehensive eye care systems to
fight the major causes of blindness and care for the blind or
visually impaired. Thanks to the generosity of Lions worldwide,
over $415 million has been raised, resulting in the prevention of
serious vision loss in 30 million people and improved eye care for
hundreds of millions of people.
(6) On June 7, 2017, Lions Clubs International will celebrate
100 years of community service to men, women, and children in need
throughout the world.
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 400,000 $1 coins in commemoration of the centennial of the
founding of the Lions Clubs International, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the centennial of the Lions Clubs
International.
(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 ``2017''; 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) chosen by the Secretary after consultation with Lions Clubs
International Special Centennial Planning Committee and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2017.
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 promptly paid by the Secretary to
the Lions Clubs International Foundation for the purposes of--
(1) furthering its programs for the blind and visually impaired
in the United States and abroad;
(2) investing in adaptive technologies for the disabled; and
(3) investing in youth and those affected by a major disaster.
(c) Audits.--The Lions Clubs International Foundation shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (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. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lions Clubs International Century of Service Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue as legal tender up to 400,000 $1 coins in commemoration of the centennial of the founding of the Lions Clubs International. Requires the design of the coins to be emblematic of the centennial.
Permits the Secretary to issue such coins only during calendar 2017.
Requires coin sales to include a surcharge of $10 per coin, to be paid by the Secretary to the Lions Clubs International Foundation.
Subjects such Foundation to specified audit requirements with regard to the funds received from the Secretary. | To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Lions Clubs International. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Glacier Bay National Park Boundary
Adjustment Act of 1998''.
SEC. 2. LAND EXCHANGE AND WILDERNESS DESIGNATION.
(a) In General.--(1) Subject to conditions set forth in subsection
(c), if the State of Alaska, in a manner consistent with this Act,
offers to transfer to the United States the lands identified in
paragraph (2) in exchange for the lands identified in paragraph (4),
selected from the area described in section 3(b)(1), the Secretary of
the Interior (in this Act referred to as the ``Secretary'') shall
complete such exchange no later than 6 months after the issuance of a
license to Gustavus Electric Company by the Federal Energy Regulatory
Commission (in this Act referred to as ``FERC''), in accordance with
this Act. This land exchange shall be subject to the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law.
(2) The lands to be conveyed to the United States by the State of
Alaska shall be determined by mutual agreement of the Secretary and the
State of Alaska. Lands that will be considered for conveyance to the
United States pursuant to the process required by State law are lands
owned by the State of Alaska in the Long Lake area within Wrangell-St.
Elias National Park and Preserve, or other lands owned by the State of
Alaska.
(3) If the Secretary and the State of Alaska have not agreed on
which lands the State of Alaska will convey by a date not later than 6
months after a license is issued pursuant to this Act, the United
States shall accept, within 1 year after a license is issued, title to
land having a sufficiently equal value to satisfy State and Federal
law, subject to clear title and valid existing rights, and absence of
environmental contamination, and as provided by the laws applicable to
exchanges involving lands managed by the Secretary as part of the
National Park System in Alaska and the appropriate process for the
exchange of State lands required by State law. Such land shall be
accepted by the United States, subject to the other provisions of this
Act, from among the following State lands in the priority listed:
copper river meridian
(A) T.6 S., R. 12 E., partially surveyed, Sec. 5, lots 1, 2,
and 3, NE\1/4\, S\1/2\NW\1/4\, and S\1/2\. Containing 617.68 acres,
as shown on the plat of survey accepted June 9, 1922.
(B) T.6 S., R. 11 E., partially surveyed, Sec. 11, lots 1 and
2, NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and N\1/2\SE\1/4\; Sec. 12;
Sec. 14, lots 1 and 2, NW\1/4\NW\1/4\. Containing 1,191.75 acres,
as shown on the plat of survey accepted June 9, 1922.
(C) T.6 S., R. 11 E., partially surveyed, Sec. 2, NW\1/4\NE\1/
4\ and NW\1/4\. Containing 200.00 acres, as shown on the plat of
survey accepted June 9, 1922.
(D) T.6 S., R. 12 E., partially surveyed, Sec. 6. lots 1
through 10, E\1/2\SW\1/4\ and SE\1/4\. Containing approximately
529.94 acres, as shown on the plat of survey accepted June 9, 1922.
(4) The lands to be conveyed to the State of Alaska by the United
States under paragraph (1) are lands to be designated by the Secretary
and the State of Alaska, consistent with sound land management
principles, based on those lands determined by FERC with the
concurrence of the Secretary and the State of Alaska, in accordance
with section 3(b), to be the minimum amount of land necessary for the
construction and operation of a hydroelectric project.
(5) The time periods set forth for the completion of the land
exchanges described in this Act may be extended as necessary by the
Secretary should the processes of State law or Federal law delay
completion of an exchange.
(6) For purposes of this Act, the term ``land'' means lands,
waters, and interests therein.
(b) Wilderness.--(1) To ensure that this transaction maintains,
within the National Wilderness Preservation System, approximately the
same amount of area of designated wilderness as currently exists, the
following lands in Alaska shall be designated as wilderness in the
priority listed, upon consummation of the land exchange authorized by
this Act and shall be administered according to the laws governing
national wilderness areas in Alaska:
(A) An unnamed island in Glacier Bay National Park lying
southeasterly of Blue Mouse Cove in sections 5, 6, 7, and 8, T. 36
S., R. 54 E., CRM, and shown on United States Geological Survey
quadrangle Mt. Fairweather (D-2), Alaska, containing approximately
789 acres.
(B) Cenotaph Island of Glacier Bay National Park lying within
Lituya Bay in sections 23, 24, 25, and 26, T. 37 S., R. 47 E., CRM,
and shown on United States Geological Survey quadrangle Mt.
Fairweather (C-5), Alaska, containing approximately 280 acres.
(C) An area of Glacier Bay National Park lying in T. 31. S., R.
43 E and T. 32 S., R. 43 E., CRM, that is not currently designated
wilderness, containing approximately 2,270 acres.
(2) The specific boundaries and acreage of these wilderness
designations may be reasonably adjusted by the Secretary, consistent
with sound land management principles, to approximately equal, in sum,
the total wilderness acreage deleted from Glacier Bay National Park and
Preserve pursuant to the land exchange authorized by this Act.
(c) Conditions.--Any exchange of lands under this Act may occur
only if--
(1) following the submission of a complete license application,
FERC has conducted economic and environmental analyses under the
Federal Power Act (16 U.S.C. 791-828) (notwithstanding provisions
of that Act and the Federal regulations that otherwise exempt this
project from economic analyses), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321-4370), and the Fish and Wildlife
Coordination Act (16 U.S.C. 661-666), that conclude, with the
concurrence of the Secretary of the Interior with respect to
subparagraphs (A) and (B), that the construction and operation of a
hydroelectric power project on the lands described in section
3(b)--
(A) will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after
the consummation of the land exchange authorized by this
section);
(B) will comply with the requirements of the National
Historic Preservation Act (16 U.S.C. 470-470w); and
(C) can be accomplished in an economically feasible manner;
(2) FERC held at least one public meeting in Gustavus, Alaska,
allowing the citizens of Gustavus to express their views on the
proposed project;
(3) FERC has determined, with the concurrence of the Secretary
and the State of Alaska, the minimum amount of land necessary to
construct and operate this hydroelectric power project; and
(4) Gustavus Electric Company has been granted a license by
FERC that requires Gustavus Electric Company to submit an
acceptable financing plan to FERC before project construction may
commence, and the FERC has approved such plan.
SEC. 3. ROLE OF FERC.
(a) License Application.--(1) The FERC licensing process shall
apply to any application submitted by Gustavus Electric Company to the
FERC for the right to construct and operate a hydropower project on the
lands described in subsection (b).
(2) FERC is authorized to accept and consider an application filed
by Gustavus Electric Company for the construction and operation of a
hydropower plant to be located on lands within the area described in
subsection (b), notwithstanding section 3(2) of the Federal Power Act
(16 U.S.C. 796(2)). Such application must be submitted within 3 years
after the date of the enactment of this Act.
(3) FERC will retain jurisdiction over any hydropower project
constructed on this site.
(b) Analyses.--(1) The lands referred to in subsection (a) of this
section are lands in the State of Alaska described as follows:
copper river meridian
Township 39 South, Range 59 East, partially surveyed, Section 36
(unsurveyed), SE\1/4\SW\1/4\, S\1/2\SW\1/4\SW\1/4\, NE\1/4\SW\1/4\,
W\1/2\W\1/2\NW\1/4\SE\1/4\, and S\1/2\SE\1/4\NW\1/4\. Containing
approximately 130 acres.
Township 40 South, Range 59 East, partially surveyed, Section 1
(unsurveyed), NW\1/4\, SW\1/4\, W\1/2\SE\1/4\, and SW\1/4\SW\1/4\NE\1/
4\, excluding U.S. Survey 944 and Native allotment A-442; Section 2
(unsurveyed), fractional, that portion lying above the mean high tide
line of Icy Passage, excluding U.S. Survey 944 and U.S. Survey 945;
Section 11 (unsurveyed), fractional, that portion lying above the mean
high tide line of Icy Passage, excluding U.S. Survey 944; Section 12
(unsurveyed), fractional, NW\1/4\NE\1/4\, W\1/2\NW\1/4\SW\1/4\NE\1/4\,
and those portions of NW\1/4\ and SW\1/4\ lying above the mean high
tide line of Icy Passage, excluding U.S. Survey 944 and Native
allotment A-442. Containing approximately 1,015 acres.
(2) Additional lands and acreage will be included as needed in the
study area described in paragraph (1) to account for accretion to these
lands from natural forces.
(3) With the concurrence of the Secretary and the State of Alaska,
the FERC shall determine the minimum amount of lands necessary for
construction and operation of such project.
(4) The National Park Service shall participate as a joint lead
agency in the development of any environmental document under the
National Environmental Policy Act of 1969 in the licensing of such
project. Such environmental document shall consider both the impacts
resulting from licensing and any land exchange necessary to authorize
such project.
(c) Issuance of License.--(1) A condition of the license to
construct and operate any portion of the hydroelectric power project
shall be FERC's approval, prior to any commencement of construction, of
a finance plan submitted by Gustavus Electric Company.
(2) The National Park Service, as the existing supervisor of
potential project lands ultimately to be deleted from the Federal
reservation in accordance with this Act, waives its right to impose
mandatory conditions on such project lands pursuant to section 4(e) of
the Federal Power Act (16 U.S.C. 797(e)).
(3) FERC shall not license or relicense the project, or amend the
project license unless it determines, with the Secretary's concurrence,
that the project will not adversely impact the purposes and values of
Glacier Bay National Park and Preserve (as constituted after the
consummation of the land exchange authorized by this Act).
Additionally, a condition of the license, or any succeeding license, to
construct and operate any portion of the hydroelectric power project
shall require the licensee to mitigate any adverse effects of the
project on the purposes and values of Glacier Bay National Park and
Preserve identified by the Secretary after the initial licensing.
(4) A condition of the license to construct and operate any portion
of the hydroelectric power project shall be the completion, prior to
any commencement of construction, of the land exchange described in
this Act.
SEC. 4. ROLE OF SECRETARY OF THE INTERIOR.
(a) Special Use Permit.--Notwithstanding the provisions of the
Wilderness Act (16 U.S.C. 1133-1136), the Secretary shall issue a
special use permit to Gustavus Electric Company to allow the completion
of the analyses referred to in section 3. The Secretary shall impose
conditions in the permit as needed to protect the purposes and values
of Glacier Bay National Park and Preserve.
(b) Park System.--The lands acquired from the State of Alaska under
this Act shall be added to and administered as part of the National
Park System, subject to valid existing rights. Upon completion of the
exchange of lands under this Act, the Secretary shall adjust, as
necessary, the boundaries of the affected National Park System units to
include the lands acquired from the State of Alaska; and adjust the
boundary of Glacier Bay National Park and Preserve to exclude the lands
transferred to the State of Alaska under this Act. Any such adjustment
to the boundaries of National Park System units resulting from this Act
shall not be charged against any acreage limitations under section
103(b) of Public Law 96-487.
(c) Wilderness Area Boundaries.--The Secretary shall make any
necessary modifications or adjustments of boundaries of wilderness
areas as a result of the additions and deletions caused by the land
exchange referenced in section 2. Any such adjustment to the boundaries
of National Park System units shall not be considered in applying any
acreage limitations under section 103(b) of Public Law 96-487.
(d) Concurrence of the Secretary.--Whenever in this Act the
concurrence of the Secretary is required, it shall not be unlawfully
withheld or unreasonably delayed.
SEC. 5. APPLICABLE LAW.
The authorities and jurisdiction provided in this Act shall
continue in effect until such time as this Act is expressly modified or
repealed by Congress.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Glacier Bay National Park Boundary Adjustment Act of 1998 - Provides for: (1) an exchange of specified State lands in Alaska for specified Federal lands to be completed within six months after the issuance of a license to Gustavus Electric Company (GEC) by the Federal Energy Regulatory Commission (FERC) for the construction and operation of a hydroelectric project on such Federal lands; or (2) the exchange of other specified Alaska lands having a sufficiently equal value to satisfy State and Federal law within one year after such license is issued if the Secretary of the Interior and Alaska have not agreed on which lands Alaska will convey within such six-month period.
Designates specified State lands and waters in Alaska as wilderness upon consummation of such exchange to ensure that this transaction maintains approximately the same amount of area of designated wilderness.
Conditions such land exchange on: (1) FERC's having conducted economic and environmental analyses pursuant to the Federal Power Act (FPA), the National Environmental Policy Act of 1969, and the Fish and Wildlife Coordination Act that conclude that the construction and operation of a hydroelectric power project on such lands will not adversely impact the purposes and values of the Glacier Bay National Park and Preserve, will comply with the requirements of the National Historic Preservation Act, and can be accomplished in an economically feasible manner; (2) FERC holding at least one public meeting in Gustavus, Alaska, allowing its citizens to express their views on the proposed project; (3) FERC having determined, with the concurrence of the Secretary and Alaska, the minimum amount of land necessary to construct and operate the project; (4) GEC having been granted a FERC license that requires it to submit an acceptable financing plan to FERC before project construction commences; and (5) FERC approving such plan.
Makes the FERC licensing process applicable to any application submitted by GEC to FERC for the right to construct and operate a hydropower project on specified Alaska lands. Authorizes FERC to accept and consider an application filed by GEC for construction and operation of such a project, notwithstanding FPA provisions, if submitted within three years after this Act's enactment. Provides for FERC to retain jurisdiction over any hydropower project constructed on such site. Sets forth additional provisions regarding issuance of a license for construction or operation of such a project.
(Sec. 4) Directs the Secretary to issue a special use permit to GEC to allow completion of the required analyses. Requires the Secretary to impose conditions in the permit as needed to protect the purposes and values of the Preserve. Requires the lands acquired from Alaska to be added to and administered as part of the National Park System, subject to valid existing rights.
Continues the authorities and jurisdiction provided in this Act until expressly modified or repealed by the Congress. | Glacier Bay National Park Boundary Adjustment Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Conservation Reauthorization
Act of 1998''.
SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
(a) Interagency Working Groups.--Section 256(h) of the Energy
Policy and Conservation Act (42 U.S.C. 6276(h)) is amended to read as
follows:
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal years 1999 through 2003 such
sums as may be necessary to carry out subsections (d) and (e), to be
divided equitably between the interagency working subgroups based on
program requirements.''.
(b) State Energy Conservation Program.--Section 365(f) of the
Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to
read as follows:
``(f) For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
(c) Schools and Hospitals.--Section 397 the Energy Policy and
Conservation Act (42 U.S.C. 6371f) is amended to read as follows:
``authorization of appropriations
``Sec. 397. For the purpose of carrying out this part, there are
authorized to be appropriated for fiscal years 1999 through 2003 such
sums as may be necessary.''.
SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended to read as follows:
``authorization of appropriations
``Sec. 422. For the purpose of carrying out the weatherization
program under this part, there are authorized to be appropriated for
fiscal years 1999 through 2003 such sums as may be necessary.''.
SEC. 4. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Sunset.--Section 801(c) of the National Energy Conservation
Policy Act (42 U.S.C. 8287(c)) is amended by striking ``five years
after'' and all that follows through ``subsection (b)'' and inserting
``on October 1, 2003''.
(b) Definition.--Section 804(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8287c(1)) is amended to read as follows:
``(1) The term `Federal agency' means each authority of the
Government of the United States, whether or not it is within or
subject to review by another agency.''.
SEC. 5. TECHNICAL AMENDMENTS.
(a) Energy Policy and Conservation Act.--The Energy Policy and
Conservation Act is amended--
(1) in the table of contents--
(A) by striking ``Sec. 301.'' and all that follows
through ``Reports to Congress.'.'';
(B) by striking ``efficiency'' and inserting
``conservation'' in the item relating to section 325;
(C) by striking ``and private labelers'' in the
item relating to section 326;
(D) by striking the items relating to part E of
title III;
(E) by inserting after the items relating to part I
of title III the following:
``Part J--Encouraging the Use of Alternative Fuels
``Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
``Sec. 400BB. Alternative fuels truck commercial application program.
``Sec. 400CC. Alternative fuels bus program.
``Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
``Sec. 400EE. Studies and reports.'';
(F) by inserting ``Environmental'' after ``Energy
Supply and'' in the item relating to section 505; and
(G) by striking the item relating to section 527;
(2) in section 321(1) (42 U.S.C. 6291(1))--
(A) by striking ``section 501(1) of the Motor
Vehicle Information and Cost Savings Act'' and
inserting ``section 32901(a)(3) of title 49, United
States Code''; and
(B) by striking the second period at the end
thereof;
(3) in section 322(b)(2)(A) (42 U.S.C. 6292(b)(2)(A)) by
inserting close quotation marks after ``type of product'';
(4) in section 324(a)(2)(C)(ii) (42 U.S.C.
6294(a)(2)(C)(ii)) by striking ``section 325(j)'' and inserting
``section 325(i)'';
(5) in section 325 (42 U.S.C. 6295)--
(A) by striking ``paragraphs'' in subsection
(e)(4)(A) and inserting ``paragraph''; and
(B) by striking ``Ballasts;'' in the heading of
subsection (g) and inserting ``Ballasts'';
(6) in section 336(c)(2) (42 U.S.C. 6306(c)(2)) by striking
``section 325(k)'' and inserting ``section 325(n)'';
(7) in section 345(c) (42 U.S.C. 6316(c)) by inserting
``standard'' after ``meets the applicable'';
(8) in section 362 (42 U.S.C. 6322)--
(A) by inserting ``of'' after ``of the
implementation'' in subsection (a)(1); and
(B) by striking ``subsection (g)'' and inserting
``subsection (f)(2)'' in subsection (d)(12);
(9) in section 391(2)(B) (42 U.S.C. 6371(2)(B)) by striking
the period at the end and inserting a semicolon;
(10) in section 394(a) (42 U.S.C. 6371c(a))--
(A) by striking the commas at the end of paragraphs
(1), (3), and (5) and inserting semicolons;
(B) by striking the period at the end of paragraph
(2) and inserting a semicolon; and
(C) by striking the colon at the end of paragraph
(6) and inserting a semicolon;
(11) in section 400 (42 U.S.C. 6371i) by striking ``(a)'';
(12) in section 400D(a) (42 U.S.C. 6372c(a)) by striking
the commas at the end of paragraphs (1), (2), and (3) and
inserting semicolons;
(13) in section 400I(b) (42 U.S.C. 6372h(b)) by striking
``Secretary shall,'' and inserting ``Secretary shall'';
(14) in section 400AA (42 U.S.C. 6374) by redesignating
subsection (i) as subsection (h);
(15) in section 503 (42 U.S.C. 6383)--
(A) by striking ``with repect to'' and inserting
``with respect to'' in subsection (b); and
(B) by striking ``controlling'' and inserting ``,
controlling,'' in subsection (c)(1); and
(16) in section 552(d)(5)(A) (42 U.S.C. 6422(d)(5)(A)) by
striking ``notion'' and inserting ``motion''.
(b) Energy Conservation and Production Act.--The Energy
Conservation and Production Act is amended--
(1) in the table of contents--
(A) by striking ``rules and regulations'' and
inserting ``regulations and rulings'' in the item
relating to section 106; and
(B) by striking the item relating to section 207
and inserting the following:
``Sec. 207. State utility regulatory assistance.
``Sec. 208. Authorization of appropriations.''; and
(2) in section 202 (42 U.S.C. 6802) by striking ``(b)
Definitions.--''.
(c) National Energy Conservation Policy Act.--The National Energy
Conservation Policy Act is amended--
(1) in the table of contents--
(A) by striking ``, installation, and financing''
and inserting ``and installation'' in the item relating
to section 216;
(B) by striking ``Ratings'' and inserting ``Rating
Guidelines'' in the item relating to part 6 of title
II;
(C) by striking the item relating to section 304;
and
(D) by striking ``goals'' and inserting
``requirements'' in the item relating to section 543;
(2) in section 216(d)(1)(C) (42 U.S.C. 8217(d)(1)(C)) by
striking ``explictly'' and inserting ``explicitly'';
(3) in section 251(b)(1) (42 U.S.C. 8231(b)(1))--
(A) by striking ``National Housing Act to
projects'' and inserting ``National Housing Act) to
projects''; and
(B) by striking ``accure'' and inserting
``accrue'';
(4) in section 266 (42 U.S.C. 8235e) by striking ``(17
U.S.C.'' and inserting ``(15 U.S.C.''; and
(5) in section 551(8) (42 U.S.C. 8259(8)) by striking
``goethermal'' and inserting ``geothermal''.
SEC. 6. MATERIALS ALLOCATION AUTHORITY EXTENSION.
Section 104(b) of the Energy Policy and Conservation Act is amended
by striking ``(1) The authority'' and all that follows through ``(2)''.
SEC. 7. BIODIESEL FUEL USE CREDITS.
(a) Amendment.--Title III of the Energy Policy Act of 1992 (42
U.S.C. 13211-13219) is amended by adding at the end the following new
section:
``SEC. 312. BIODIESEL FUEL USE CREDITS.
``(a) Allocation of Credits.--
``(1) In general.--The Secretary shall allocate one credit
under this section to a fleet or covered person for each
qualifying volume of the biodiesel component of fuel containing
at least 20 percent biodiesel by volume purchased after the
date of the enactment of this section for use by the fleet or
covered person in vehicles owned or operated by the fleet or
covered person that weigh more than 8,500 pounds gross vehicle
weight rating.
``(2) Exceptions.--No credits shall be allocated under
paragraph (1) for a purchase of biodiesel--
``(A) for use in alternative fueled vehicles; or
``(B) that is required by Federal or State law.
``(3) Authority to modify percentage.--The Secretary may,
by rule, lower the 20 percent biodiesel volume requirement in
paragraph (1) for reasons related to cold start, safety, or
vehicle function considerations.
``(4) Documentation.--A fleet or covered person seeking a
credit under this section shall provide written documentation
to the Secretary supporting the allocation of a credit to such
fleet or covered person under paragraph (1).
``(b) Use of Credits.--
``(1) In general.--At the request of a fleet or covered
person allocated a credit under subsection (a), the Secretary
shall, for the year in which the purchase of a qualifying
volume is made, treat that purchase as the acquisition of one
alternative fueled vehicle the fleet or covered person is
required to acquire under this title, title IV, or title V.
``(2) Limitation.--Credits allocated under subsection (a)
may not be used to satisfy more than 50 percent of the
alternative fueled vehicle requirements of a fleet or covered
person under this title, title IV, and title V. This paragraph
shall not apply to a fleet or covered person that is a
biodiesel alternative fuel provider described in section
501(a)(2)(A).
``(c) Credit Not a Section 508 Credit.--A credit under this section
shall not be considered a credit under section 508.
``(d) Issuance of Rule.--The Secretary shall, before January 1,
1999, issue a rule establishing procedures for the implementation of
this section.
``(e) Collection of Data.--The Secretary shall collect such data as
are required to make a determination described in subsection (f)(2)(B).
``(f) Definitions.--For purposes of this section--
``(1) the term `biodiesel' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under
section 211 of the Clean Air Act; and
``(2) the term `qualifying volume' means--
``(A) 450 gallons; or
``(B) if the Secretary determines by rule that the
average annual alternative fuel use in light duty
vehicles by fleets and covered persons exceeds 450
gallons or gallon equivalents, the amount of such
average annual alternative fuel use.''.
(b) Table of Contents Amendment.--The table of contents of the
Energy Policy Act of 1992 is amended by adding at the end of the items
relating to title III the following new item:
``Sec. 312. Biodiesel fuel use credits.''. | Energy Conservation Reauthorization Act of 1998 - Amends the Energy Policy and Conservation Act to authorize appropriations for FY 1999 through 2003 for: (1) State energy conservation programs; and (2) the energy conservation program for schools and hospitals.
(Sec. 3) Amends the Energy Conservation and Production Act to authorize appropriations for FY 1999 through 2003 to implement the weatherization program.
(Sec. 4) Amends the National Energy Conservation Policy Act to extend until October 1, 2003, Federal agency authority to enter into new energy savings performance contracts.
(Sec. 6) Repeals termination of the President's authority to require either allocation or priority contract performance of materials supplies and equipment in order to maximize domestic energy supplies under certain energy contingencies (thereby making such authority permanent).
(Sec. 7) Amends the Energy Policy Act of 1992 to set forth a statutory mechanism for the allocation of credit for specified biodiesel fuel use by a fleet or covered person.
Requires the Secretary to allocate one credit to a fleet or covered person for each qualifying volume of the biodiesel component of fuel containing at least 20 percent biodiesel by volume (B-20) purchased for use by the fleet or covered person in vehicles owned or operated by the fleet or covered person that weigh more than 8,500 pounds gross vehicle weight rating. Permits the Secretary to lower the B-20 requirement for reasons related to cold start, safety, or vehicle function considerations.
Prohibits the allocation of credits for a purchase of biodiesel: (1) for use in alternative fueled vehicles; or (2) that is required by Federal or State law.
Requires the Secretary, upon the request of a fleet or covered person receiving a credit allocation, to treat that purchase as the acquisition of one alternative fueled vehicle which the fleet or covered person is required to acquire by such Act.
(Sec. 8) Requires the head of each Federal agency to report annually to the Congress on compliance with the alternative fuel purchasing requirements for Federal fleets, including a plan with specific dates for achieving compliance. Requires public dissemination of such reports in the Federal Register and on the Internet. | Energy Conservation Reauthorization Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teenage Pregnancy Reduction Act of
1997''.
SEC. 2. EVALUATION OF EFFECTIVE PROGRAMS FOR PREVENTION OF ADOLESCENT
PREGNANCY.
(a) In General.--The Secretary of Health and Human Services shall
(directly or through grants or contracts awarded to public or nonprofit
private entities) arrange for the evaluation of a wide variety of
existing programs designed in whole or part to prevent pregnancy in
adolescents, including programs that do not receive grants from the
Federal Government for the operation of the programs. The purpose of
the evaluation shall be the determination of--
(1) the effectiveness of such programs in reducing
adolescent pregnancy;
(2) the factors contributing to the effectiveness of the
programs; and
(3) the feasibility of replicating the programs in other
locations.
(b) Participation of Federal Agencies and Private Organizations.--
In carrying out the evaluation under subsection (a), the Secretary
shall as appropriate--
(1) provide for the participation of the Director of the
Centers for Disease Control and Prevention, the Director of the
Office of Population Affairs, the Assistant Secretary for
Children and Families, and the Director of the National
Institute of Child Health and Human Development; and
(2) provide for the participation of organizations with
demonstrated expertise in conducting evaluations of adolescent
pregnancy prevention programs, including the National Campaign
to Prevent Teen Pregnancy, a nonpartisan organization.
(c) Design of Evaluation.--Subject to subsection (d), the Secretary
shall select a design for the evaluation under subsection (a) from
among proposals that--
(1) provide for the evaluation of programs in various
geographic regions;
(2) with respect to the populations served by the programs,
provide for determining factors that are specific to various
socioeconomic, racial, ethnic, and age groups, and factors that
are specific to gender; and
(3) meet such other criteria as the Secretary may
establish.
(d) Measures of Effectiveness.--The Secretary shall define the
measures of effectiveness used in evaluating the programs designed to
reduce the rate of adolescent pregnancy, and shall include a variety of
measures of effectiveness in the definition.
(e) Scientific Peer Review.--The Secretary may provide funds for an
evaluation pursuant to subsection (a) only if the evaluation has been
recommended for approval pursuant to a process of scientific peer
review utilizing one or more panels of experts. Such panels shall
include experts from public entities and from private entities.
(f) Submission of Report to Congress and Secretary.--Not later than
December 1, 2002, the evaluation under subsection (a) shall be
completed and a report shall be submitted to the Congress that
describes the findings made in the evaluation and provides
recommendations for future programs designed to reduce the rate of
adolescent pregnancy.
(g) Dissemination of Information.--After the submission of the
report under subsection (f), the Secretary shall disseminate the
findings and recommendations presented in the report. The categories of
individuals to whom the information is disseminated shall include
administrators of prevention programs, public and private entities
providing financial support to such programs, organizations working on
such programs, professional medical associations, entities providing
public health services, entities providing social work services, and
school administrators.
(h) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $3,500,000
for each of the fiscal years 1998 through 2000, and such sums as may be
necessary for each of the fiscal years 2001 through 2003.
SEC. 3. ONE-TIME INCENTIVE GRANTS FOR EFFECTIVE PREVENTION PROGRAMS.
(a) In General.--In the case of a prevention program that pursuant
to the evaluation under section 2 has been found to be effective, the
Secretary may under this section make not more than one grant to the
entity that operates the program. The purpose of the grant shall be to
assist the entity with the expenses of operating the program.
(b) Authorization of Appropriations.--For carrying out subsection
(a), there is authorized to be appropriated $10,000,000, in the
aggregate, for the fiscal years 2002 through 2004. Such authorization
is in addition to any other authorization of appropriations that is
available for making grants for the operational expenses of prevention
programs.
SEC. 4. DEFINITIONS.
(a) Prevention Programs.--
(1) Rule of construction.--The provisions of this Act apply
with respect to a prevention program without regard to which of
the various programmatic approaches for the prevention of
pregnancy in adolescents (as defined in paragraph (2)) is the
focus of the program.
(2) Programmatic approaches.--For purposes of this Act, the
term ``programmatic approaches'', with respect to prevention
programs, includes advocating abstinence from sexual activity;
providing family planning services (including contraception);
fostering academic achievement; mentoring by adults; providing
employment assistance or job training; providing professional
counseling or peer counseling; providing for recreational or
social events; and any combination thereof.
(b) Other Definitions.--For purposes of this Act:
(1) The term ``prevention program'' means a program for the
prevention of pregnancy in adolescents.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services. | Teenage Pregnancy Reduction Act of 1997 - Mandates evaluation (directly or through grants or contracts) of a wide variety of existing promising programs to prevent adolescent pregnancy, including programs that do not receive Federal grants. Mandates scientific peer review of evaluation proposals. Authorizes appropriations.
Authorizes appropriations.
Authorizes an operating grant to a program found (by the evaluation under this Act) to be effective. Authorizes appropriations. | Teenage Pregnancy Reduction Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Leakage Mitigation Study Act
of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Cap-and-trade program.--The term ``cap-and-trade
program'' means an economy-wide program enacted by Congress
under which greenhouse gas emission allowances are distributed
or auctioned to control those emissions under the Clean Air Act
(42 U.S.C. 7401 et seq.).
(2) Carbon leakage.--The term ``carbon leakage'' means any
substantial increase (as determined by the Secretary) in
greenhouse gas emissions--
(A) by a manufacturing facility located in a
country without a greenhouse gas emission regulation
commensurate to a cap-and-trade program; or
(B) that is caused by an incremental cost of
production increase in the United States as a result of
a domestic cap-and-trade program.
(3) Compensatory measure.--
(A) In general.--The term ``compensatory measure''
means any provision of a cap-and-trade program intended
to mitigate the risk of carbon leakage.
(B) Inclusions.--The term ``compensatory measure''
includes a provision described in subparagraph (A)
relating to--
(i) emission allowance allocation; or
(ii) a border tax adjustment.
(4) Greenhouse gas.--The term ``greenhouse gas'' means any
gas designated as a greenhouse gas under a cap-and-trade
program.
(5) Output.--The term ``output'' means the total tonnage or
other standard unit of production (as determined by the
Secretary) produced by a manufacturing facility.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. INDUSTRY PRODUCTIVITY AND CARBON LEAKAGE STUDY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of Commerce, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate Federal
departments and agencies, shall conduct a study--
(1) to characterize the relative risk of carbon leakage and
changes in output and investment in United States industrial
sectors and subsectors caused by a potential cap-and-trade
program implemented in the United States, in the absence of
commensurate greenhouse gas emission regulations in other
countries; and
(2) to estimate the change in output in industrial sectors
and subsectors of the United States that are determined to be
at risk of significant carbon leakage.
(b) Inclusions.--The study under subsection (a) shall include an
assessment of--
(1) expected United States industrial production, imports,
and exports, absent a cap-and-trade program;
(2) the direct and indirect energy intensity and greenhouse
gas intensity of United States industries in relation to gross
value-added, cost of production, and total shipment values;
(3) the price elasticity of United States industries;
(4) the trade elasticity of United States industries;
(5) the trade intensity (calculated as imports plus
exports, relative to domestic consumption) of United States
industries;
(6) other qualitative indicators of the ability of United
States industries to pass on cost increases to consumers, such
as--
(A) market structure and concentration;
(B) level of product differentiation;
(C) the availability of close substitutes for
customers; and
(D) factors that constrain the response of foreign
producers to an increase in United States production
costs;
(7) the overall risk of carbon leakage, expressed in list
form by sector and subsector of the United States economy,
resulting from a cap-and-trade program;
(8) the impacts on the production, profitability,
greenhouse gas emissions, and level of employment of industries
at risk of carbon leakage, expressed--
(A) by sector and subsector, separately and in
aggregate, as a percentage of gross domestic product;
(B) in relation to national production, trade, and
employment projections under a potential cap-and-trade
program; and
(C) as compared to baseline projections absent a
cap-and-trade program;
(9) the manner in which the economic impacts of climate
change policies compare to changes over time in other factors
affecting production and investment by industries, such as--
(A) changes in production costs;
(B) currency exchange rates;
(C) consumer preference; and
(D) other relevant factors; and
(10) the highest-priority trading partners of the
industries at risk of carbon leakage, listed in order of
priority.
(c) Report.--On completion of the study under this section, the
Secretary shall submit to Congress a report describing the results of
the study, including recommendations regarding data collection
activities and subsequent studies by the Secretary, if any.
SEC. 4. STUDY OF MEASURES TO MITIGATE CARBON LEAKAGE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, but not earlier than the date of submission to
Congress of the report regarding the competitiveness study under
section 3(c), the Secretary, in consultation with the Secretary of
Commerce, the Administrator of the Environmental Protection Agency, and
the heads of other appropriate Federal departments and agencies, shall
conduct a study to evaluate the impact of potential compensatory
measures to prevent carbon leakage resulting from a cap-and-trade
program.
(b) Inclusions.--The study under subsection (a) shall include an
assessment of--
(1) compensatory measures used by other jurisdictions to
prevent carbon leakage under regional, national, or
multinational climate policies;
(2) the projected risk of carbon leakage from United States
industries under potential prices on greenhouse gas emissions
and realistic scenarios for international climate policy, with
compensatory measures, including--
(A) the production, profitability, and level of
employment of the industries at risk of carbon leakage,
expressed separately and in aggregate;
(B) expected changes in the domestic market shares
of products produced in the United States, as compared
to products imported into the United States; and
(C) expected changes in the foreign market shares
of products produced in the United States, as compared
to products produced by other countries; and
(3) the consistency of compensatory measures with
international trade commitments (including principles of the
World Trade Organization).
(c) Report.--On completion of the study under this section, the
Secretary shall submit to Congress a report describing the results of
the study, including recommendations of the Secretary, if any. | Carbon Leakage Mitigation Study Act of 2009 - Directs the Secretary of Energy (DOE) to conduct studies of: (1) the risk of carbon leakage and changes in U.S. industrial output and investment resulting from the implementation of a cap-and-trade program; and (2) the impact of potential compensatory measures to prevent carbon leakage resulting from a cap-and-trade program. | A bill to require the Secretary of Energy to conduct a study of the impact of energy and climate policy on the competitiveness of energy-intensive manufacturing and measures to mitigate those effects. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Avoiding Life-Endangering and
Reckless Texting by Drivers Act of 2009'' or the ``ALERT Drivers Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) cell phones and other electronic devices are not only
instrumentalities and channels of interstate commerce, but
products of interstate commerce;
(2) for those reasons, regulation of the use of cellular
telephones or other electronic devices to send text messages is
covered by the power of Congress to regulate interstate
commerce as enumerated in article I, section 8 of the
Constitution;
(3) additionally, the Supreme Court held in South Dakota v.
Dole, 483 U.S. 203 (June 23, 1987), that Congress may condition
Federal highway funding on State compliance with certain
conditions;
(4) people in the United States are using cellular
telephones and other personal electronic devices to send text
messages or emails, more commonly known as ``texting'', with
increasing frequency;
(5) according to the New York Times, more than
110,000,000,000 text messages were sent in the United States
during the month of December 2008 alone, a tenfold increase in
just 3 years;
(6) texting and portable email are valuable to consumers,
businesses, and private individuals throughout the United
States, but those services also create an extreme risk when
used by individuals while operating motor vehicles;
(7) a 2008 study by Nationwide Insurance found that 20
percent of drivers in the United States send text messages
while operating motor vehicles;
(8) according to a study by Car and Driver Magazine,
texting while driving is more dangerous than driving while
intoxicated;
(9) a recent study by the Virginia Tech Transportation
Institute found operators of motor vehicles who sent text
messages while driving had a collision risk that was 23 times
greater while texting as compared to the risk when the
operators were not texting;
(10) another study by the University of Utah found that
college students using a driving simulator were 8 times more
likely to have an accident while texting;
(11) after a serious accident occurred on the Boston public
trolley system in May 2009, the trolley operator was found to
have been texting at the time of the accident;
(12) the problem of texting while driving has been
recognized across the United States;
(13) as of the date of enactment of this Act, 14 States and
the District of Columbia ban all drivers from texting while
operating motor vehicles, and 11 other States have a modified
ban on texting while driving;
(14) the risks created by texting while driving are
increasing nationwide as the use of texting increases
nationwide;
(15) it is necessary for Congress to act to protect the
safety of all people in the United States on highways and roads
in the United States; and
(16) a Federal law to address the problem of texting while
driving is necessary to ensure minimum standards of protection
across the United States, in the same manner as the national
minimum drinking age provides a uniform standard of protection.
SEC. 3. OPERATION OF MOTOR VEHICLES WHILE TEXTING.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Operation of motor vehicles while texting
``(a) Definitions.--In this section:
``(1) Hand-held mobile telephone.--
``(A) In general.--The term `hand-held mobile
telephone' means a mobile telephone or other portable
electronic communication device with which a user
engages in a call or writes, sends, or reads a text
message using at least 1 hand.
``(B) Exclusion.--The term `hand-held mobile
telephone' does not include a voice-activated device.
``(2) Motor vehicle.--The term `motor vehicle' means--
``(A) a vehicle driven or drawn by mechanical power
and manufactured primarily for use on public highways;
and
``(B) a railcar or other component of a fixed
guideway system that is not subject to regulation by
the Federal Railroad Administration.
``(3) Text message.--The term `text message' includes a
text-based message, instant message, electronic message, and
email.
``(4) Writing; sending; reading.--The terms `writing',
`sending', and `reading', with respect to a text message, mean
the manual entry, sending, or retrieval of a text message,
respectively, to communicate with any person or device.
``(b) Withholding of Apportionments for Noncompliance.--
``(1) In general.--On October 1 of the second fiscal year
beginning after the date of promulgation of the regulations
under subsection (d), and annually thereafter, the Secretary
shall withhold 25 percent of the amount required to be
apportioned to any State under each of paragraphs (1), (3), and
(4) of section 104(b) for the fiscal year if the Secretary
determines that the State does not meet the requirement under
paragraph (2) as of that date.
``(2) Requirement.--A State shall meet the requirement
under this paragraph if the State has enacted and is enforcing
a law that--
``(A) except in the event of an emergency,
prohibits an operator of a moving motor vehicle from
writing, sending, or reading a text message using a
hand-held mobile telephone; and
``(B) requires, upon conviction of a violation of
that prohibition, the imposition of penalties in
accordance with the requirements for minimum penalties
described in the regulations promulgated under
subsection (d).
``(c) Recovery of Funds Withheld.--All funds withheld under this
section from apportionment to a State for 1 or more fiscal years shall
be available for apportionment to the State immediately upon a
determination by the Secretary that the State meets the requirement
under paragraph (2).
``(d) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall promulgate regulations
to carry out this section, including requirements for minimum penalties
for violations of the prohibition under subsection (b)(2)(A) that--
``(1) specify a minimum penalty for a first offense; and
``(2) stipulate that penalties shall be graduated for
repeated offenses.''.
(b) Conforming Amendment.--The analysis for title 23, United States
Code, is amended by adding at the end of the items relating to chapter
1 the following:
``167. Operation of motor vehicles while texting.''. | Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 or the ALERT Drivers Act - Requires the Secretary of Transportation to withhold 25% of a state's apportionment of certain federal-aid highway program funds for the fiscal year if the state has not enacted or is not enforcing a law that: (1) prohibits, except in an emergency, an operator of a motor vehicle from writing, sending, or reading a text message using a hand-held mobile telephone (excluding a voice-activated device); and (2) requires, upon conviction of a violation of such prohibition, the imposition of certain minimum penalties. | A bill to amend title 23, United States Code, to reduce the amount of Federal highway funding available to States that do not enact a law prohibiting an individual from writing, sending, or reading text messages while operating a motor vehicle. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saver's Bonus Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Department of Commerce, Americans are
currently saving less than 1 percent of their disposable
income.
(2) According to the Federal Reserve's 2004 Survey of
Consumer Finances, 17 percent of all households have zero or
negative net worth, while 30 percent have net worth of less
than $10,000.
(3) According to the Federal Reserve's 2004 Survey of
Consumer Finances, 11 percent of households do not have a
checking account and 9 percent do not have a transaction
account of any kind.
(4) According to the Retirement Security Project, in 2004
more than half of all households had zero savings in an
employer-based 401(k)-type plan or tax-preferred savings plan
account.
(5) It is in the economic interests of the United States to
promote savings among all members of society, regardless of
income.
SEC. 3. SAVER'S BONUS.
(a) In General.--The Secretary of the Treasury shall develop a
program to match deposits made by qualifying low-income individuals
into designated savings products.
(b) Qualifying Low-Income Individuals.--For purposes of this Act,
the term ``qualifying low-income individual'' means any individual
determined by the Secretary of the Treasury to be eligible for the
saver's bonus under this Act.
(c) Designated Savings Products.--For purposes of this Act, the
term ``designated savings product'' means any savings product,
including--
(1) qualified retirement plans (as defined in section
4974(c)) of such Code,
(2) qualified tuition programs under section 529 of such
Code,
(3) Coverdell education savings accounts under section 530
of such Code,
(4) United States savings bonds,
(5) certificates of deposits with durations of at least 6
months, and
(6) other types of savings products considered appropriate
by the Secretary of the Treasury for the purposes of this Act.
(d) Saver's Bonus Program.--The program established under
subsection (a) shall provide that--
(1) qualifying low-income individuals who direct their
Federal income tax refund (in its entirety or a portion
thereof) be deposited into any designated savings product shall
be eligible for a dollar-for-dollar match or saver's bonus to
be deposited directly in any designated savings product,
(2) qualifying low-income individuals who claim (when
filing a Federal income tax return) to have deposited funds
into any designated savings product during the course of the
tax year shall be eligible for a saver's bonus to be deposited
directly into any designated savings product, and
(3) the saver's bonus--
(A) shall equal $500 for qualifying low-income
individuals who are eligible for the earned income
credit under section 32 of such Code and shall be
phased out (but not below zero) for such individuals
whose earned income exceeds 120 percent of the earned
income threshold at which such eligibility ceases,
(B) shall be indexed for inflation every 5 years,
and
(C) shall be considered a refundable credit for
purposes of the Internal Revenue Code of 1986.
(e) Conforming Amendment Regarding Funding of Saver's Bonus.--
Section 1324(b)(2) of title 31, United States Code, is amended by
inserting ``or enacted by the Saver's Bonus Act of 2007,''.
(f) Effective Date.--The program under, and amendment made by, this
section shall be effective with respect to Federal income tax returns
for taxable years beginning after December 31, 2008.
SEC. 4. OPENING OF ACCOUNTS ON FEDERAL INCOME TAX RETURNS TO FACILITATE
SAVINGS.
(a) Notification of Option.--
(1) In general.--The Commissioner of Internal Revenue shall
notify qualifying low-income individuals who qualify for a
Federal income tax refund but fail to provide an ACH direct
deposit number on their Federal income tax return that they
have the option of an electronic direct deposit and that they
may be eligible for the saver's bonus program under section 3
if they deposit a refund or a portion of their refund in any
designated savings product.
(2) Method of notification.--The notification under
paragraph (1) shall be made through--
(A) a public awareness program undertaken by the
Secretary of the Treasury, in concert with the
Commissioner of the Internal Revenue and others as
necessary, at least 6 months before January 2009, and
(B) the inclusion of such a notice in the
instruction material for any Federal income tax return.
(b) Establishment of Designated Account Program.--The Secretary of
the Treasury shall develop, in consultation with the Federal Management
System, a program to minimize the delivery of non-electronic Federal
income tax refunds by depositing refunds electronically to an account
held by a depository institution. This program shall include--
(1) provisions for such tax refunds to be deposited into a
designated account,
(2) establishment of account parameters with respect to
minimum balance requirements and limitations on overdrafts,
overdraft fees, and other requirements,
(3) establishment of means for the taxpayer to access the
account electronically or through a payment card, and
(4) provisions to allow taxpayers to open an account with
their Federal income tax refunds through financial service
providers, so long such account is held at a depository
institution that is insured under the Federal Deposit Insurance
Act (12 U.S.C. 1811 et seq.).
(c) Effective Date.--The notification under subsection (a) and the
program under subsection (b) shall be effective with respect to Federal
income tax returns for taxable years beginning after December 31, 2008.
SEC. 5. PURCHASE OF SAVINGS BONDS ON FEDERAL INCOME TAX RETURNS.
(a) Notification of Option.--The Commissioner of Internal Revenue
shall notify individual taxpayers that they have the option of
purchasing United States savings bonds when they file their Federal
income tax returns and that they may be eligible for the saver's bonus
program under section 3. Such notification shall be included in the
instruction material for any Federal income tax return.
(b) Establishment of Savings Bond Purchase Program.--The Secretary
of the Treasury shall develop, in consultation with a task force, a
program for the purchase by individual taxpayers of United States
savings bonds on their Federal income tax returns.
(c) Effective Date.--The notification under subsection (a) and the
program under subsection (b) shall be effective with respect to Federal
income tax returns for taxable years beginning after December 31, 2008. | Saver's Bonus Act of 2007 [sic] - Directs the Secretary of the Treasury to develop programs to: (1) match deposits made by low-income individuals into certain savings accounts (saver's bonus); (2) deposit tax refunds electronically into savings accounts; and (3) allow individual taxpayers to purchase U.S. savings bonds on their federal income tax returns.
Requires the Commissioner of the Internal Revenue Service (IRS) to notify low-income taxpayers of their eligibility for the saver's bonus and of their options under this Act. | A bill to promote savings by providing a match for eligible taxpayers who contribute to savings products and to facilitate taxpayers receiving this match and open a bank account when they file their Federal income tax returns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight School Security Act of
2001''.
SEC. 2. REGULATION OF FLIGHT SCHOOLS BY FAA.
Section 44707 of title 49, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
Administrator''; and
(2) by adding at the end the following:
``(b) Regulation of Flight Schools and Flight School Students.--
``(1) Review.--Not later than 90 days after the date of
enactment of this subsection, the Administrator shall conduct a
comprehensive review of practices of schools described in
subsection (a)(1) that relate to eligibility for enrollment.
``(2) Regulations and report.--Not later than 180 days
after the date of enactment of this subsection, the
Administrator shall--
``(A) issue regulations to prevent the providing of
instruction in flying aircraft by schools described in
subsection (a)(1) to individuals that the Administrator
determines are a threat to security; and
``(B) transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate a report on the schedule for
implementation of such regulations.
``(3) Issuance of flight school certification cards.--The
regulations issued under this subsection shall prohibit an
individual from enrolling or being enrolled in a school
described in subsection (a)(1) for instruction as a pilot of an
aircraft unless the individual has a card issued by the
Administrator that certifies that the individual is eligible
for such instruction (in this subsection referred to as a
`certification card').
``(4) Eligibility for flight school certification card.--
Under the regulations issued under this subsection, the
Administrator may issue a certification card to an individual
only if--
``(A) the individual submits to the Administrator a
set of fingerprints and--
``(i) proof of identity; and
``(ii)(I) proof that the individual is a
citizen or national of the United States; or
``(II) in any case in which the individual
is not a citizen or national of the United
States, proof that assists the Administrator in
carrying out subparagraph (B);
``(B) in any case in which the individual is not a
citizen or national of the United States, the
Administrator, in consultation with the Attorney
General, verifies that the individual--
``(i) is, or on the date of proposed
enrollment is expected to be, lawfully admitted
to the United States as an immigrant or
nonimmigrant;
``(ii) is not, as of the date the
verification is made, described in section
212(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)) or 237(a)(4) of such
Act (8 U.S.C. 1227(a)(4)); and
``(iii) is not, and on the date of proposed
enrollment is not expected to be, otherwise
ineligible to so enroll due to immigration
status;
``(C) the Administrator, in coordination with the
Attorney General, the Director of the Central
Intelligence Agency, and the Secretary of State,
conducts a background review of the applicant and
determines as a result of such review that the
individual is not a security threat; and
``(D) the Administrator forwards the fingerprints
submitted under subparagraph (A) to the Criminal
Justice Services Division of the Federal Bureau of
Investigation.
``(5) Form of proof; supporting documentation.--Proof to be
submitted to the Administrator under paragraph (4)(A) shall be
in such form and contains such supporting documentation as the
Administrator may require, including documents described in
paragraphs (6), (7), and (8).
``(6) Citizenship or nationality documents.--A document
submitted as proof that an individual is a citizen or national
of the United States may include an individual's--
``(A) United States passport;
``(B) original or certified copy of a birth
certificate issued by a State, county, municipal
authority, or outlying possession of the United States
bearing an official seal;
``(C) certificate of naturalization;
``(D) certificate of citizenship;
``(E) certificate of noncitizen national status; or
``(F) such other document as the Attorney General
may designate as being appropriate.
``(7) Documents establishing identity of individual.--A
document submitted as proof of the identity of an individual
may include the individual's--
``(A) driver's license or similar document issued
for the purpose of identification by a State if it
contains a photograph of the individual or such other
personal identifying information relating to the
individual as the Administrator, in consultation with
the Attorney General, finds sufficient for purposes of
this subsection; or
``(B) in the case of individuals under 16 years of
age or in a State that does not provide for issuance of
an identification document (other than a driver's
license) referred to in subparagraph (A), documentation
of personal identity of such other type as the
Administrator, in consultation with the Attorney
General, finds provides a reliable means of
identification.
``(8) Documents assisting immigration status
verification.--The documents submitted for purposes of
assisting the Administrator in carrying out paragraph (4)(B)
may include--
``(A) one or more immigration documents evidencing
a current or prospective satisfactory immigration
status as the Administrator, in consultation with the
Attorney General, finds sufficient for purposes of
paragraph (4)(A)(ii)(II); and
``(B) an identity document that contains a
photograph of the individual and such other personal
identifying information relating to the individual as
the Administrator, in consultation with the Attorney
General, finds sufficient for purposes of such
paragraph.
``(9) Nature and period of validity of certification
card.--Under the regulations issued under this subsection, a
certification card shall--
``(A) be a nonreproducible identification card
containing photo identification, a unique personal
certification number, and such pertinent identification
information as the Administrator determines
appropriate; and
``(B) shall be valid for a period of 5 years, and
renewable for additional 5-year periods following an
updated background review of an applicant for renewal.
``(10) Responsibilities of schools.--Under the regulations
issued under this subsection, a school described in subsection
(a)(1) may not enroll an individual for instruction in flying
an aircraft unless--
``(A) the individual presents the individual's
certification card (or a photostatic representation of
the card) to the school;
``(B) the school submits a copy of the card or such
other information as the Administrator may require to
the Administrator for verification of its validity;
``(C) the Administrator verifies that the card is
valid;
``(D) the school retains a copy of the card for a
period not less than 5 years; and
``(E) after verification of the validity of the
card, the school notifies the Administrator of the date
on which the individual will be so enrolled.
``(11) Deadlines.--The Administrator shall--
``(A) issue a certification card under this
subsection not later than 30 days after the date the
Administrator receives an application for issuance of
the card; and
``(B) determine the validity of a certification
card issued under this subsection, and notify the
school requesting the determination of such validity,
not later than 7 days after the date of such request.
``(12) Database.--
``(A) In general.--The Administrator shall maintain
electronic database of individuals to whom
certification cards are issued under this subsection
and individuals enrolled in schools described in
subsection (a)(1) for instruction in flying aircraft.
The database shall include the dates and results of
background reviews conducted with respect to such
individuals under this subsection.
``(B) Updating.--The Administrator, in cooperation
with the Attorney General, the Director of the Central
Intelligence Agency, and the Secretary of State, shall
update and monitor the database to prevent the
enrollment of an individual for instruction in flying
aircraft who are determined by the Administrator to be
a threat to security.
``(C) Coordination.--The Administrator shall
establish an Internet based system to coordinate
reporting and review of certification cards between the
Administrator and schools described in subsection
(a)(1). The Administrator shall coordinate such system
with the database.
``(13) Disqualification.--
``(A) In general.--The Administrator may issue to
an owner or operator of a school that violates
paragraph (10) more than 3 times an order to disqualify
the owner or operator from owning and operating such a
school.
``(B) Procedures for reinstatement.--The
Administrator shall establish a procedure for
reinstating the authority, to own or operate a school
described in subsection (a)(1), of an owner or operator
that has been disqualified under this paragraph.
``(14) Fees and charges.--The Administrator shall establish
reasonable fees and charges to pay expenses incurred in issuing
certification cards and conducting background reviews under
this subsection. Such fees and charges may not exceed $100 per
card and review. Money collected under this subsection shall be
credited to the account in the Treasury from which expenses
were incurred and are available to the Administrator for those
expenses.
``(15) Background review defined.--In this section, the
term `background review', commonly known as an indices check,
means a review of the latest information available to and
provided by the Director of Central Intelligence, the Secretary
of State, the Attorney General, and the Director of the Federal
Bureau of Investigation regarding personal background,
including information relating to any history of criminal
activity or to any evidence of espionage or terrorism and a
fingerprint-based criminal history background check by the
Criminal Justice Services Division of the Federal Bureau of
Investigation.''.
SEC. 3. CIVIL PENALTY.
Section 46301 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(A) by striking ``44717'' and
inserting ``44707(b)(10), 44717,'';
(2) by adding at the end of subsection (a) the following:
``(8) Owners and operators of flight schools.--An owner or
operator of a school is liable to the Government for a civil
penalty of $3,000 for a first violation of section
44707(b)(10), $5,000 for a second violation of such section,
and $7,000 for each violation of such section thereafter.'';
and
(3) in subsection (f)(1)(A)(i) by striking ``44717'' and
inserting ``44707(b)(10), 44717,''. | Flight School Security Act of 2001 - Amends Federal aviation law to require the Administrator of the Federal Aviation Administration (FAA) to: (1) conduct a comprehensive review of the enrollment practices of civilian flight schools and schools providing instruction in the repair of aircraft; and (2) issue regulations to prevent instruction in flying aircraft (or the repair of such aircraft) by such schools to individuals that the Administrator has determined are a threat to security. Prohibits an individual from enrolling or being enrolled in a school for instruction as a pilot of an aircraft unless the individual has a card issued by the Administrator that certifies that such individual is eligible, based on specified requirements, for such instruction. Sets forth civil penalties for violations of the requirements of this Act. | To amend title 49, United States Code, to provide for the regulation of flight schools and flight school applicants for the purposes of enhancing national security and aviation safety, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Specialty Crops Competitiveness Act
of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) A secure domestic food supply is a national security
imperative for the United States.
(2) A competitive specialty crop industry in the United States
is necessary for the production of an abundant, affordable supply
of highly nutritious fruits, vegetables, and other specialty crops,
which are vital to the health and well-being of all Americans.
(3) Increased consumption of specialty crops will provide
tremendous health and economic benefits to both consumers and
specialty crop growers.
(4) Specialty crop growers believe that there are numerous
areas of Federal agriculture policy that could be improved to
promote increased consumption of specialty crops and increase the
competitiveness of producers in the efficient production of
affordable specialty crops in the United States.
(5) As the globalization of markets continues, it is becoming
increasingly difficult for United States producers to compete
against heavily subsidized foreign producers in both the domestic
and foreign markets.
(6) United States specialty crop producers also continue to
face serious tariff and non-tariff trade barriers in many export
markets.
(b) Purpose.--It is the purpose of this Act to make necessary
changes in Federal agriculture policy to accomplish the goals of
increasing fruit, vegetable, and nut consumption and improving the
competitiveness of United States specialty crop producers.
SEC. 3. DEFINITIONS.
In this Act:
(1) The term ``specialty crop'' means fruits and vegetables,
tree nuts, dried fruits, and nursery crops (including
floriculture).
(2) The term ``State'' means the several States, the District
of Columbia, and the Commonwealth of Puerto Rico.
(3) The term ``State department of agriculture'' means the
agency, commission, or department of a State government responsible
for agriculture within the State.
TITLE I--STATE ASSISTANCE FOR SPECIALTY CROPS
SEC. 101. SPECIALTY CROP BLOCK GRANTS.
(a) Availability and Purpose of Grants.--Subject to the
appropriation of funds to carry out this section, the Secretary of
Agriculture shall make grants to States for each of the fiscal years
2005 through 2009 to be used by State departments of agriculture solely
to enhance the competitiveness of specialty crops.
(b) Grants Based on Value of Production.--Subject to subsection
(c), the amount of the grant for a fiscal year to a State under this
section shall bear the same ratio to the total amount appropriated
pursuant to the authorization of appropriations in subsection (i) for
that fiscal year as the value of specialty crop production in the State
during the preceding calendar year bears to the value of specialty crop
production during the preceding calendar year in all States whose
application for a grant for that fiscal year is accepted by the
Secretary under subsection (f).
(c) Minimum Grant Amount.--Subject to the appropriation of
sufficient funds to carry out this subsection, each State shall receive
at least $100,000 each fiscal year as a grant under this section
notwithstanding the amount calculated under subsection (b) for the
State.
(d) Eligibility.--To be eligible to receive a grant under this
section, a State department of agriculture shall prepare and submit,
for approval by the Secretary of Agriculture, an application at such
time, in such a manner, and containing such information as the
Secretary shall require by regulation, including--
(1) a State plan that meets the requirements of subsection (e);
(2) an assurance that the State will comply with the
requirements of the plan; and
(3) an assurance that grant funds received under this section
shall supplement the expenditure of State funds in support of
specialty crops grown in that State, rather than replace State
funds.
(e) Plan Requirements.--The State plan shall identify the lead
agency charged with the responsibility of carrying out the plan and
indicate how the grant funds will be utilized to enhance the
competitiveness of specialty crops.
(f) Review of Application.--In reviewing the application of a State
submitted under subsection (d), the Secretary of Agriculture shall
ensure that the State plan would carry out the purpose of grant
program, as specified in subsection (a). The Secretary may accept or
reject applications for a grant under this section.
(g) Effect of Noncompliance.--If the Secretary of Agriculture,
after reasonable notice to a State, finds that there has been a failure
by the State to comply substantially with any provision or requirement
of the State plan, the Secretary may disqualify, for one or more years,
the State from receipt of future grants under this section.
(h) Audit Requirements.--For each year that a State receives a
grant under this section, the State shall conduct an audit of the
expenditures of grant funds by the State. Not later than 30 days after
the completion of the audit, the State shall submit a copy of the audit
to the Secretary of Agriculture.
(i) Authorization of Appropriations.--For each of the fiscal years
2005 through 2009, there is authorized to be appropriated to the
Secretary of Agriculture $44,500,000 to make grants under this section.
TITLE II--SPECIALTY CROP ADVANCEMENT
SEC. 201. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
For each of the fiscal years 2005 through 2009, there is authorized
to be appropriated to the Secretary of Agriculture $2,000,000 to carry
out section 3205 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 5680). Amounts appropriated pursuant to this authorization of
appropriations shall be in addition to any other funds made available
to carry out such section.
SEC. 202. REDUCTION IN BACKLOG OF AGRICULTURAL EXPORT PETITIONS.
(a) Reduction Efforts.--To the maximum extent practicable, the
Secretary of Agriculture shall endeavor to reduce the backlog in the
number of applications for permits for the export of United States
agricultural commodities. In achieving such reduction, the Secretary
shall not dilute or diminish existing personnel resources that are
currently managing sanitary and phytosanitary issues for--
(1) United States agricultural commodities for which
exportation is sought; and
(2) interdiction and control of pests and diseases, including
for the evaluation of pest and disease concerns of foreign
agricultural commodities for which importation is sought.
(b) Report.--The Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate an
annual report specifying, for the year covered by the report--
(1) the total number of applications processed to completion;
(2) the number of backlog applications processed to completion;
(3) the percentage of backlog applications processed to
completion; and
(4) the number of backlog applications remaining.
SEC. 203. REPORT ON SANITARY AND PHYTOSANITARY EXPORT ISSUES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on
significant sanitary and phytosanitary issues that affect the export of
specialty crops.
TITLE III--SPECIALTY CROP RESEARCH
SEC. 301. METHYL BROMIDE ALTERNATIVES.
(a) Priority.--The Secretary of Agriculture shall elevate the
priority of current methyl bromide alternative research and extension
activities and reexamine the risks and benefits of extending the phase-
out deadline in effect on the date of the enactment of this Act,
including the estimated cost to the grower or processor associated with
any alternatives proposed.
(b) Authorization of Appropriations.--For each of the fiscal years
2005 through 2009, there is authorized to be appropriated to the
Secretary of Agriculture $5,000,000 to carry out this section.
SEC. 302. NATIONAL SPECIALTY CROP RESEARCH PROGRAM.
Section 1672(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(e)) is amended by adding at the end of the
following new paragraph:
``(45) Specialty crop research.--Research and extension grants
may be made under this section for the purpose of improving the
efficiency, productivity, and profitability of specialty crop
production in the United States.''.
SEC. 303. SPECIALTY CROP COMMITTEE.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1408 (7 U.S.C. 3123)
the following new section:
``SEC. 1408A. SPECIALTY CROP COMMITTEE.
``(a) Establishment.--Not later than 90 days after the date of the
enactment of the Specialty Crops Competitiveness Act of 2004, the
executive committee of the Advisory Board shall establish, and appoint
the initial members of, a permanent specialty crops committee that will
be responsible for studying the scope and effectiveness of research,
extension, and economics programs affecting the specialty crop
industry.
``(b) Members.--Individuals who are not members of the Advisory
Board may be appointed as members of the specialty crops committee.
Members of the specialty crops committee shall serve at the discretion
of the executive committee.
``(c) Annual Committee Report.--Not later than 180 days after the
establishment of the specialty crops committee, and annually
thereafter, the specialty crops committee shall submit to the Advisory
Board a report containing the findings of its study under subsection
(a). The specialty crops committee shall include in each report
recommendations regarding the following:
``(1) Measures designed to improve the efficiency,
productivity, and profitability of specialty crop production in the
United States.
``(2) Measures designed to improve competitiveness in research,
extension, and economics programs affecting the specialty crop
industry.
``(3) Programs that would--
``(A) enhance the quality and shelf-life of fresh fruits
and vegetables, including their taste and appearance;
``(B) develop new crop protection tools and expand the
applicability and cost-effectiveness of integrated pest
management;
``(C) prevent the introduction of foreign invasive pests
and diseases;
``(D) develop new products and new uses of specialty crops;
``(E) develop new and improved marketing tools for
specialty crops;
``(F) enhance food safety regarding specialty crops;
``(G) improve mechanization of production practices; and
``(H) enhance irrigation techniques used in specialty crop
production.
``(d) Consideration by Secretary.--In preparing the annual budget
recommendations for the Department of Agriculture, the Secretary shall
take into consideration those findings and recommendations contained in
the most-recent report of the specialty crops committee that are
adopted by the Advisory Board.
``(e) Annual Report by Secretary.--In the budget material submitted
to Congress by the Secretary in connection with the budget submitted
pursuant to section 1105 of title 31, United States Code, for a fiscal
year, the Secretary shall include a report describing how the Secretary
addressed each recommendation of the specialty crops committee
described in subsection (d).''.
TITLE IV--PEST AND DISEASE RESPONSE FUND
SEC. 401. PEST AND DISEASE RESPONSE FUND.
(a) Establishment.--There is established on the books of the
Treasury an account to be known as the ``Pest and Disease Response
Fund''. There shall be deposited into the Fund any proceeds received by
the Secretary of Agriculture as reimbursement for services provided by
the Secretary using amounts in the Fund.
(b) Availability.--Amounts in the Fund shall remain available until
expended.
(c) Use of Fund.--In implementing the Animal Health Protection Act
(7 U.S.C. 8301 et seq.) and the Plant Protection Act (7 U.S.C. 7701 et
seq.), the Secretary of Agriculture shall have complete discretion
regarding the use of amounts in the Fund to support emergency
eradication and research activities in response to economic and health
threats posed by pests and diseases affecting agricultural commodities.
(d) Authorization of Appropriations.--For each of the fiscal years
2005 through 2009, there is authorized to be appropriated to the
Secretary of Agriculture $1,000,000 for deposit in the Fund.
SEC. 402. IMPORT AND EXPORT REGULATION REVIEW.
(a) Peer Review.--The Secretary of Agriculture shall enter into an
agreement with the National Plant Board to obtain a peer review of the
procedures and standards that govern the consideration of import and
export requests under section 412 of the Plant Protection Act (7 U.S.C.
7712). The peer review shall be consistent with the guidance by the
Office of Management and Budget pertaining to peer review and
information quality.
(b) Elements of Review.--The peer review required by subsection (a)
shall address, at a minimum--
(1) the preparation of risk assessments; and
(2) the sufficiency, type, and quality of data that should be
submitted to the Secretary of Agriculture.
(c) Submission of Results.--The results of the peer review
conducted under subsection (a) shall be submitted to the Secretary and
Congress not later than 180 days after the date of the enactment of
this Act.
SEC. 403. MAINTENANCE OF FREDERICKSBURG INSPECTION TRAINING CENTER.
For each of the fiscal years 2005 through 2009, there is authorized
to be appropriated to the Secretary of Agriculture $1,500,000 for the
maintenance of the Agricultural Marketing Service inspection training
center in Fredericksburg, Virginia.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Specialty Crops Competitiveness Act of 2004 - (Sec. 3) Defines "specialty crop" as fruits, vegetables, tree nuts, dried fruits, and nursery crops (including floriculture).
Title I: State Assistance for Specialty Crops - (Sec. 101) Directs the Secretary of Agriculture to make FY 2005 through 2009 State grants to enhance specialty crop competitiveness. Bases grant amounts on specialty crop production value. Sets minimum State grants at $100,000 per fiscal year. Authorizes FY 2005 through 2009 appropriations.
Title II: Specialty Crop Advancement - (Sec. 201) Authorizes FY 2005 through 2009 appropriations for specialty crop technical assistance under the Farm Security and Rural Investment Act of 2002.
(Sec. 202) Directs the Secretary to: (1) reduce the number of backlog permit applications for the export of agricultural commodities without diluting or diminishing existing personnel resources that are currently managing sanitary and phytosanitary issues; and (2) report annually respecting such backlog, including the number of applications and backlog applications processed to completion.
(Sec. 203) Directs the Secretary to report on the significant sanitary and phytosanitary issues affecting specialty crop exports.
Title III: Specialty Crop Research - (Sec. 301) Directs the Secretary to elevate the priority of methyl bromide alternative research and extension activities and reexamine the risks and benefits of extending the phase-out deadline. Authorizes FY 2005 through 2009 appropriations.
(Sec. 302) Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to include specialty crop research among high priority research and extension activities.
(Sec. 303) Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the National Agricultural Research, Extension, Education and Economics Advisory Board to establish a permanent specialty crops committee to study the scope of research, extension, and economics programs affecting the specialty crop industry.
Title IV: Pest and Disease Response Fund - (Sec. 401) Establishes in the Treasury the Pest and Disease Response Fund. Authorizes FY 2005 through 2009 appropriations.
(Sec. 402) Directs the Secretary to enter into an agreement with the National Plant Board for peer review of the procedures and standards of import and export requests under the Plant Protection Act, which shall address: (1) the preparation of risk assessments; and (2) the sufficiency, type, and quality of data that should be submitted to the Secretary.
(Sec. 403) Authorizes FY 2005 through 2009 appropriations for maintenance of the Agricultural Marketing Service inspection training center in Fredericksburg, Virginia. | To ensure an abundant and affordable supply of highly nutritious fruits, vegetables, and other specialty crops for American consumers and international markets by enhancing the competitiveness of United States-grown specialty crops, and for other purposes. |
SECTION 1. AMENDMENT.
Section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-10) is
amended by striking subsections (d) and (e) and inserting the
following:
``(d)(1)(A) The aggregate annual deliveries of uranium in any form
(including natural uranium concentrates, natural uranium hexafluoride,
enriched uranium, and depleted uranium) sold or transferred by the
United States Government shall not exceed 3,000,000 pounds
U<INF>3</INF>O<INF>8</INF> equivalent per year through calendar year
2009. Such aggregate annual deliveries shall not exceed 5,000,000
pounds U<INF>3</INF>O<INF>8</INF> equivalent per year in calendar years
2010 and 2011. Such aggregate annual deliveries shall not exceed
7,000,000 pounds U<INF>3</INF>O<INF>8</INF> equivalent in calendar year
2012. Such aggregate annual deliveries shall not exceed 10,000,000
pounds U<INF>3</INF>O<INF>8</INF> equivalent per year in calendar year
2013 and each year thereafter. Any sales or transfers by the United
States Government shall be limited to long-term contracts with end
users of no less than 3 years duration.
``(B) Sales or transfers of uranium by the United States Government
for the following purposes are exempt from the provisions of this
subsection:
``(i) Sales or transfers provided for under existing law
for use by the Tennessee Valley Authority in relation to the
Department of Energy's high-enriched uranium or tritium
programs.
``(ii) Sales or transfers to the Department of Energy
research reactor sales program.
``(iii) The transfer of any natural uranium to the United
States Enrichment Corporation to replace contaminated uranium
received from the Department of Energy when the United States
Enrichment Corporation was privatized in July 1998.
``(iv) The sale or transfer of any natural uranium for
emergency purposes in the event of a disruption in supply to
end users in the United States.
``(v) The sale or transfer of any natural uranium in
fulfillment of the United States Government's obligations to
provide security of supply with respect to implementation of
the Russian HEU Agreement.
``(vi) The sale or transfer of any enriched uranium for use
in a Pebble Bed Modular Reactor, a Gas Turbine Modular Helium
Reactor, a High Temperature Gas Reactor, or any other advanced
commercial nuclear power plant in the United States with
nonstandard fuel requirements.
``(C) The Secretary may transfer or sell enriched uranium to any
person for national security purposes, as determined by the Secretary.
``(2) Except as provided in subsections (b) and (c), and in
paragraph (1)(B) and (C) of this subsection, no sale or transfer of
uranium in any form shall be made by the United States Government
unless--
``(A) the President determines that the material is not
necessary for national security needs;
``(B) the price paid to the Secretary will not be less than
the fair market value of the material, as determined at the
time that such material is contracted for sale;
``(C) prior to any sale or transfer, the Secretary solicits
the written views of the Department of State and the National
Security Council with regard to whether such sale or transfer
would have any adverse effect on national security interests of
the United States, including interests related to the
implementation of the Russian HEU Agreement; and
``(D) neither the Department of State or the National
Security Council objects to such sale or transfer.
The Secretary shall endeavor to determine whether a sale or transfer is
permitted under this paragraph within 30 days. The Secretary's
determinations pursuant to this paragraph shall be made available to
interested members of the public prior to authorizing any such sale or
transfer.
``(3) Within 1 year after the date of enactment of this subsection
and annually thereafter the Secretary shall undertake an assessment for
the purpose of reviewing available excess Government uranium
inventories, and determining, consistent with the procedures and
limitations established in this subsection, the level of inventory to
be sold or transferred to end users.
``(4) Within 5 years after the date of enactment of this subsection
and biennially thereafter the Secretary shall report to the Congress on
the implementation of this subsection. The report shall include a
discussion of all sales or transfers made by the United States
Government, the impact of such sales or transfers on the domestic
uranium industry, the spot market uranium price, and the national
security interests of the United States, and any steps taken to
remediate any adverse impacts of such sales or transfers.
``(5) For purposes of this subsection, the term `United States
Government' does not include the Tennessee Valley Authority.''. | Amends the USEC Privatization Act to repeal Federal guidelines governing inventory sales of natural and low-enriched uranium and Federal transfers of enriched uranium.Establishes rising limits of aggregate annual deliveries of uranium in any form (including natural uranium concentrates, natural uranium hexafluoride, enriched uranium, and depleted uranium) that are sold or transferred by the U.S. Government from three million pounds U308 equivalent per year through calendar 2009 to ten million pounds U308 equivalent per year through calendar 2013 and thereafter. Exempts specified kinds of sales or transfers from these limits.States that any uranium sales or transfers by the U.S. Government (excluding the Tennessee Valley Authority) shall be limited to long-term contracts with end users of no less than three years duration.Requires the Secretary of Energy to review annually the available excess Government uranium inventories and determine the level of inventory to be sold or transferred to end users. | To provide for the disposition of United States Government uranium inventories. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spending Safeguard Act''.
SEC. 2. SPENDING LIMITATION ON DIRECT SPENDING PROGRAMS.
(a) Establishment of Spending Safeguard Limitation.--
(1) In general.--The Director of the Office of Management
and Budget shall establish a spending limitation (in this Act
referred to as a ``spending safeguard limitation'') with
respect to any direct spending program not later than 90 days
after any such program is enacted or reauthorized (as the case
may be).
(2) Determination of spending safeguard limitation.--The
spending safeguard limitation established under paragraph (1)
for a direct spending program shall be equal to?
(A) with respect to any such program within budget
function 050 (Defense), 550 (Health), 570 (Medicare),
600 (Income Security), 650 (Social Security), or 700
(Veterans Benefits and Services), 120 percent of the
cost of the program; and
(B) with respect to any such program within any
other budget function, 110 percent of the cost of the
program.
(3) Determination of cost of program.--For purposes of
paragraphs (2) (A) and (B), the cost of the program shall be
the estimated six-year cost of the program, as determined by
the Director using the scorecards or estimate (as the case may
be) applicable to the program under section 4 of the Statutory
Pay-As-You-Go Act of 2010 (2 U.S.C. 933).
(b) Spending Safeguard Limitation Scorecards.--
(1) In general.--The Director shall maintain and make
publicly available a spending safeguard limitation scorecard
displaying the spending level for any direct spending program
that is subject to a spending safeguard limitation pursuant to
this Act.
(2) Monthly costs.--Not later than 7 days after the end of
each month beginning after the first full month in which such a
direct spending program is operational, the Secretary of the
Treasury shall transmit to the Director a report listing the
total amount of spending for any direct spending program listed
on the scorecard.
(3) OMB biannual report.--After the end of any six-month
period, the Director shall submit a report to the Committees on
the Budget of the House of Representatives and the Senate
containing the total level of spending for any such direct
spending program and the relation between such level and the
spending safeguard limitation applicable to such program.
(c) President Budget Submissions.--
(1) Annual.--Section 1105(a) of title 31, United States
Code, is amended by adding at the end the following:
``(40) a report on the total level of spending for any
direct spending program subject to a spending safeguard
limitation pursuant to the Spending Safeguard Act, and the
relation between such level and the spending safeguard
limitation applicable to such program.''.
(2) Mid-session.--Section 1106(a)(1)(C) of such title is
amended by striking ``section 1105(a)(8) and (9)(B) and (C)''
and inserting ``section 1105(a)(8), (9) (B) and (C), and
(40)''.
(d) Procedures in Case of Breach.--
(1) Spending limitation breach report.--If the Director
determines, using the reports submitted under subsection
(b)(2), that a direct spending program listed on the scorecard
established under subsection (b) will reach the applicable
spending safeguard limitation within six months, the Director
shall transmit, not later than 15 days after the date of such
determination, a report to the Committees on the Budget of the
House of Representatives and the Senate and the committees that
have jurisdiction over the program.
(2) Obligation limitation.--If the Director determines,
using the reports submitted under subsection (b)(2), that such
a direct spending program has reached the applicable spending
safeguard limitation?
(A) effective 30 days after such determination, no
funds may be obligated to carry out such program; and
(B) on the date of such determination, the Director
shall submit a report to the Committees on the Budget
of the House of Representatives and the Senate and the
committees that have jurisdiction over the program that
such an obligation limitation has been imposed.
(e) Agency Procedures.--Any Federal agency implementing a direct
spending program listed on the scorecard established under subsection
(b) shall ensure that any contract, offer of benefits, or other
material provided to the program participants includes information
specifying that the program is subject to a spending safeguard
limitation that may impact future availability of funds to pay
benefits.
(f) Definitions.--In this Act?
(1) the term ``Director'' means the Director of the Office
of Management and Budget;
(2) the term ``direct spending'' has the meaning given such
term in section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900(c)(8)); and
(3) the term ``direct spending program'' means any Federal
program funded by direct spending that?
(A) is enacted or reauthorized after the date of
enactment of this Act; and
(B) does not have, in statute, a specific level
(expressed as a dollar amount) of authorization of
appropriations.
(g) Prohibition on New Authorization of Funding.--No additional
funds are authorized to be appropriated to carry out this Act. | Spending Safeguard Act This bill requires the Office of Management and Budget (OMB) to establish spending limits for direct spending programs that: (1) are enacted or reauthorized after enactment of this bill, and (2) do not have a specific level of authorized spending expressed as a dollar amount. The spending limits must be equal to: (1) 120% of the cost of the program for defense, health, Medicare, income security, Social Security, and veterans benefits and services programs; and (2) 110% of the cost for any other program. The OMB must maintain a publicly available scorecard that displays the spending level for any program that is subject to the limits. The OMB and the President must submit specified reports to Congress comparing current spending to the limits. The bill prohibits obligations for programs that have reached the applicable spending limit. Agencies implementing programs listed on the OMB's scorecard must ensure that any contract, offer of benefits, or other material provided to program participants specifies that the program is subject to a spending limit that may impact future availability of funds to pay benefits. | Spending Safeguard Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Service Protective Privilege
Act of 1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The physical safety of the Nation's top elected
officials is a public good of transcendent importance.
(2) By virtue of the critical importance of the Office of
the President, the President and those in direct line of the
Presidency are subject to unique and mortal jeopardy--jeopardy
that in turn threatens profound disruption to our system of
representative government and to the security and future of the
Nation.
(3) The physical safety of visiting heads of foreign states
and foreign governments is also a matter of paramount
importance. The assassination of such a person while on
American soil could have calamitous consequences for our
foreign relations and national security.
(4) Given these grave concerns, Congress has provided for
the Secret Service to protect the President and those in direct
line of the Presidency, and has directed that these officials
may not waive such protection. Congress has also provided for
the Secret Service to protect visiting heads of foreign states
and foreign governments.
(5) The protective strategy of the Secret Service depends
critically on the ability of its personnel to maintain close
and unremitting physical proximity to the protectee.
(6) Secret Service personnel must remain at the side of the
protectee on occasions of confidential conversations and, as a
result, may overhear top secret discussions, diplomatic
exchanges, sensitive conversations, and matters of personal
privacy.
(7) The necessary level of proximity can be maintained only
in an atmosphere of complete trust and confidence between the
protectee and his or her protectors.
(8) If a protectee has reason to doubt the confidentiality
of actions or conversations taken in sight or hearing of Secret
Service personnel, the protectee may seek to push the
protective envelope away or undermine it to the point at which
it could no longer be fully effective.
(9) The possibility that Secret Service personnel might be
compelled to testify against their protectees could induce
foreign nations to refuse Secret Service protection in future
state visits, making it impossible for the Secret Service to
fulfill its important statutory mission of protecting the life
and safety of foreign dignitaries.
(10) A privilege protecting information acquired by Secret
Service personnel while performing their protective function in
physical proximity to a protectee will preserve the security of
the protectee by lessening the incentive of the protectee to
distance Secret Service personnel in situations in which there
is some risk to the safety of the protectee.
(11) Recognition of a protective function privilege for the
President and those in direct line of the Presidency, and for
visiting heads of foreign states and foreign governments, will
promote sufficiently important interests to outweigh the need
for probative evidence.
(12) Because Secret Service personnel retain law
enforcement responsibility even while engaged in their
protective function, the privilege must be subject to a crime/
treason exception.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the relationship of trust and confidence
between Secret Service personnel and certain protected
officials that is essential to the ability of the Secret
Service to protect these officials, and the Nation, from the
risk of assassination; and
(2) to ensure that Secret Service personnel are not
precluded from testifying in a criminal investigation or
prosecution about unlawful activity committed within their view
or hearing.
SEC. 3. ESTABLISHMENT OF PROTECTIVE FUNCTION PRIVILEGE.
(a) Admissibility of Information Acquired by Secret Service
Personnel While Performing Their Protective Function.--Chapter 203 of
title 18, United States Code, is amended by inserting after section
3056 the following:
``Sec. 3056A. Testimony by Secret Service personnel; protective
function privilege
``(a) Definitions.--In this section:
``(1) Protectee.--The term `protectee' means--
``(A) the President;
``(B) the Vice President (or other officer next in
the order of succession to the Office of President);
``(C) the President-elect;
``(D) the Vice President-elect; and
``(E) visiting heads of foreign states or foreign
governments who, at the time and place concerned, are
being provided protection by the United States Secret
Service.
``(2) Secret service personnel.--The term `Secret Service
personnel' means any officer or agent of the United States
Secret Service.
``(b) General Rule of Privilege.--Subject to subsection (c),
testimony by Secret Service personnel or former Secret Service
personnel regarding information affecting a protectee that was acquired
during the performance of a protective function in physical proximity
to the protectee shall not be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory body, or
other authority of the United States, a State, or a political
subdivision thereof.
``(c) Exceptions.--There is no privilege under this section--
``(1) with respect to information that, at the time the
information was acquired by Secret Service personnel, was
sufficient to provide reasonable grounds to believe that a
crime had been, was being, or would be committed; or
``(2) if the privilege is waived by the protectee or the
legal representative of a protectee or deceased protectee.
``(d) Concurrent Privileges.--The proximity of Secret Service
personnel to a protectee engaged in a privileged communication with
another shall not, by itself, defeat an otherwise valid claim of
privilege.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
203 of title 18, United States Code, is amended by inserting after the
item relating to section 3056 the following:
``3056A. Testimony by Secret Service personnel; protective function
privilege.''.
SEC. 4. APPLICATION.
This Act and the amendments made by this Act shall apply to any
proceeding commenced on or after the date of enactment of this Act. | Secret Service Protective Privilege Act of 1999 - Amends the Federal criminal code to prohibit testimony by Secret Service personnel or former personnel regarding information affecting a protectee (defined as the President, Vice President, and specified other officials) that was acquired during the performance of a protective function in physical proximity to the protectee from being received in evidence or otherwise disclosed in any proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States, a State, or a political subdivision thereof.
Makes exceptions: (1) with respect to information that, at the time it was acquired by Secret Service personnel, was sufficient to provide reasonable grounds to believe that a crime had been, was being, or would be committed; or (2) if the privilege is waived by the protectee or the legal representative of a protectee or deceased protectee.
Specifies that the proximity of Secret Service personnel to a protectee engaged in a privileged communication with another shall not, by itself, defeat an otherwise valid claim of privilege. | Secret Service Protective Privilege Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Freedom and Choice in
Health Care Act''.
SEC. 2. REPEALING THE INDIVIDUAL MANDATE.
Sections 1501 and 1502 and subsections (a), (b), (c), and (d) of
section 10106 of the Patient Protection and Affordable Care Act (and
the amendments made by such sections and subsections) are repealed and
the Internal Revenue Code of 1986 shall be applied and administered as
if such provisions and amendments had never been enacted.
SEC. 3. REPEALING THE EMPLOYER MANDATE.
Sections 1513 and 1514 and subsections (e), (f), and (g) of section
10106 of the Patient Protection and Affordable Care Act (and the
amendments made by such sections and subsections) are repealed and the
Internal Revenue Code of 1986 shall be applied and administered as if
such provisions and amendments had never been enacted.
SEC. 4. MODIFICATIONS TO PREMIUM ASSISTANCE CREDIT.
(a) Extension of Credit for Certain Individuals Not Enrolled
Through State Exchanges.--Paragraph (3) of section 36B(b) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subparagraph:
``(F) Special rule for individuals enrolled through
a federal exchange.--In the case of any applicable
taxpayer who is not eligible for the credit allowed
under subsection (a) (determined without regard to this
subparagraph) solely as a result of a determination by
the Supreme Court of the United States in the case of
King v. Burwell (2015), paragraph (2)(A) shall be
applied to months beginning before September 2017, by
substituting `enrolled in through an Exchange
established under the Patient Protection and Affordable
Care Act' for `enrolled in through an Exchange
established by the State under 1311 of the Patient
Protection and Affordable Care Act'.''.
(b) Denial of Credit for Individuals Not Previously Enrolled.--
Subsection (b) of section 36B of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(4) Limitation for individuals not previously enrolled.--
The premium assistance credit amount shall be zero with respect
to any qualified health plan unless such plan covers an
individual described in paragraph (2)(A) who was enrolled in a
qualified health plan through an Exchange established under the
Patient Protection and Affordable Care Act before the date of
the enactment of this paragraph.''.
(c) Effective Date.--The amendments made by this section shall
apply to months beginning after December 31, 2013.
SEC. 5. FREEDOM TO MAINTAIN EXISTING COVERAGE.
(a) In General.--Part 2 of subtitle C of title I of the Patient
Protection and Affordable Care Act (42 U.S.C. 18011 et seq.) is amended
by striking section 1251 and inserting the following:
``SEC. 1251. FREEDOM TO MAINTAIN EXISTING COVERAGE.
``(a) No Changes to Existing Coverage.--
``(1) In general.--Nothing in this Act (or an amendment
made by this Act) shall be construed to require that an
individual terminate coverage under a group health plan or
health insurance coverage in which such individual was enrolled
during any part of the period beginning on the date of
enactment of this Act and ending on December 31, 2017.
``(2) Continuation of coverage.--With respect to a group
health plan or health insurance coverage in which an individual
was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017,
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply to such plan or coverage, regardless
of whether the individual renews such coverage.
``(b) Allowance for Family Members To Join Current Coverage.--With
respect to a group health plan or health insurance coverage in which an
individual was enrolled during any part of the period beginning on the
date of enactment of this Act and ending on December 31, 2017, and
which is renewed, family members of such individual shall be permitted
to enroll in such plan or coverage if such enrollment is permitted
under the terms of the plan in effect as of such date of enrollment.
``(c) Allowance for New Employees To Join Current Plan.--A group
health plan that provides coverage during any part of the period
beginning on the date of enactment of this Act and ending on December
31, 2017, may provide for the enrolling of new employees (and their
families) in such plan, and this subtitle and subtitle A (and the
amendments made by such subtitles) shall not apply with respect to such
plan and such new employees (and their families).
``(d) Effect on Collective Bargaining Agreements.--In the case of
health insurance coverage maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers that was ratified before December 31, 2017, the provisions of
this subtitle and subtitle A (and the amendments made by such
subtitles) shall not apply until the date on which the last of the
collective bargaining agreements relating to the coverage terminates.
Any coverage amendment made pursuant to a collective bargaining
agreement relating to the coverage which amends the coverage solely to
conform to any requirement added by this subtitle or subtitle A (or
amendments) shall not be treated as a termination of such collective
bargaining agreement.
``(e) Definition.--In this title, the term `grandfathered health
plan' means any group health plan or health insurance coverage to which
this section applies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148).
SEC. 6. ESSENTIAL HEALTH BENEFITS.
(a) In General.--Subsections (a) and (b) of section 1302 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18022) are
amended to read as follows:
``(a) Essential Health Benefits Package.--In this title, the term
`essential health benefits package' means, with respect to any health
plan, coverage that provide for benefits and cost sharing as required
in the States in which such plan is offered.
``(b) Essential Health Benefits.--Essential health benefits shall
be defined to include those required by the State in which a health
plan is offered.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Patient Protection and Affordable
Care Act (Public Law 111-148). | Preserving Freedom and Choice in Health Care Act This bill amends the Patient Protection and Affordable Care Act (PPACA) and the Internal Revenue Code to repeal the requirements for individuals to maintain minimum essential coverage and for large employers to pay penalties if a full-time employee: (1) must wait longer than 60 days to enroll in an employer-sponsored health plan, or (2) receives a premium assistance tax credit or reduced cost-sharing. Coverage reporting requirements for providers and large employers are also repealed. Individuals enrolled in a health plan purchased through the federal health insurance exchange at the time of enactment of this Act who are ineligible for a premium assistance tax credit solely as a result of a determination by the Supreme Court in King v. Burwell are eligible for the tax credit. This applies to coverage months beginning after December 2013 and before September 2017. Group health coverage in which an individual was enrolled during any part of the period beginning on the date of enactment of PPACA (March 23, 2010) and ending on December 31, 2017, is a grandfathered health plan under PPACA and is exempt from some coverage requirements. Essential health benefits are defined by states. This amendment takes effect as if included in PPACA. | Preserving Freedom and Choice in Health Care Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brown Tree Snake Control and
Eradication Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Brown tree snake.--The term ``brown tree snake'' means the
species of the snake Boiga irregularis.
(2) Compact of free association.--The term ``Compact of Free
Association'' means the Compacts of Free Association entered into
between the United States and the governments of the Federated
States of Micronesia and the Republic of the Marshall Islands, as
approved by and contained in Public Law 108-188 (117 Stat. 2720; 48
U.S.C. 1921 et seq.), and the Compact of Free Association entered
into between the United States and the government of the Republic
of Palau, as approved by and contained in Public Law 99-658 (100
Stat. 3673; 48 U.S.C. 1931 et seq.).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands.
(4) Introduction.--The terms ``introduce'' and ``introduction''
refer to the expansion of the brown tree snake outside of the range
where this species is endemic.
(5) Secretary.--The term ``Secretary concerned'' means--
(A) the Secretary of the Interior, with respect to matters
under the jurisdiction of the Department of the Interior; and
(B) the Secretary of Agriculture, with respect to matters
under the jurisdiction of the Department of Agriculture.
(6) Secretaries.--The term ``Secretaries'' means both the
Secretary of the Interior and the Secretary of Agriculture.
(7) Technical working group.--The term ``Technical Working
Group'' means Brown Tree Snake Technical Working Group established
under the authority of section 1209 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4728).
(8) Territorial.--The term ``territorial'', when used to refer
to a government, means the Government of Guam, the Government of
American Samoa, and the Government of the Commonwealth of the
Northern Mariana Islands, as well as autonomous agencies and
instrumentalities of such a government.
(9) United states.--The term ``United States'', when used in
the geographic sense, means the several States, the District of
Colombia, American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the United States
Virgin Islands, any other possession of the United States, and any
waters within the jurisdiction of the United States.
SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IMPROVED AND BETTER
COORDINATED FEDERAL POLICY FOR BROWN TREE SNAKE
INTRODUCTION, CONTROL, AND ERADICATION.
It is the sense of Congress that there exists a need for improved
and better coordinated control, interdiction, research, and eradication
of the brown tree snake on the part of the United States and other
interested parties.
SEC. 4. BROWN TREE SNAKE CONTROL, INTERDICTION, RESEARCH AND
ERADICATION.
(a) Funding Authority.--Subject to the availability of
appropriations to carry out this section, the Secretaries shall provide
funds to support brown tree snake control, interdiction, research, and
eradication efforts carried out by the Department of the Interior and
the Department of Agriculture, other Federal agencies, States,
territorial governments, local governments, and private sector
entities. Funds may be provided through grants, contracts, reimbursable
agreements, or other legal mechanisms available to the Secretaries for
the transfer of Federal funds.
(b) Authorized Activities.--Brown tree snake control, interdiction,
research, and eradication efforts authorized by this section shall
include at a minimum the following:
(1) Expansion of science-based eradication and control programs
in Guam to reduce the undesirable impact of the brown tree snake in
Guam and reduce the risk of the introduction or spread of any brown
tree snake to areas in the United States and the Freely Associated
States in which the brown tree snake is not established.
(2) Expansion of interagency and intergovernmental rapid
response teams in Guam, the Commonwealth of the Northern Mariana
Islands, Hawaii, and the Freely Associated States to assist the
governments of such areas with detecting the brown tree snake and
incipient brown tree snake populations.
(3) Expansion of efforts to protect and restore native wildlife
in Guam or elsewhere in the United States damaged by the brown tree
snake.
(4) Establishment and sustained funding for an Animal Plant and
Health Inspection Service, Wildlife Services, Operations Program
State Office located in Hawaii dedicated to vertebrate pest
management in Hawaii and United States Pacific territories and
possessions. Concurrently, the Animal Plant and Health Inspection
Service, Wildlife Services Operations Program shall establish and
sustain funding for a District Office in Guam dedicated to brown
tree snake control and managed by the Hawaii State Office.
(5) Continuation, expansion, and provision of sustained
research funding related to the brown tree snake, including
research conducted at institutions located in areas affected by the
brown tree snake.
(6) Continuation, expansion, and provision of sustained
research funding for the Animal Plant and Health Inspection
Service, Wildlife Services, National Wildlife Research Center of
the Department of Agriculture related to the brown tree snake,
including the establishment of a field station in Guam related to
the control and eradication of the brown tree snake.
(7) Continuation, expansion, and provision of sustained
research funding for the Fort Collins Science Center of the United
States Geological Survey related to the brown tree snake, including
the establishment of a field station in Guam related to the control
and eradication of the brown tree snake.
(8) Expansion of long-term research into chemical, biological,
and other control techniques that could lead to large-scale
reduction of brown tree snake populations in Guam or other areas
where the brown tree snake might become established.
(9) Expansion of short, medium, and long-term research, funded
by all Federal agencies interested in or affected by the brown tree
snake, into interdiction, detection, and early control of the brown
tree snake.
(10) Provision of planning assistance for the construction or
renovation of centralized multi-agency facilities in Guam to
support Federal, State, and territorial brown tree snake control,
interdiction, research and eradication efforts, including office
space, laboratory space, animal holding facilities, and snake
detector dog kennels.
(11) Provision of technical assistance to the Freely Associated
States on matters related to the brown tree snake through the
mechanisms contained within a Compact of Free Association dealing
with environmental, quarantine, economic, and human health issues.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section (other than
subsection (b)(10)) the following amounts:
(1) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, Operations, not more
than $2,600,000 for each of the fiscal years 2006 through 2010.
(2) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, National Wildlife
Research Center, Methods Development, not more than $1,500,000 for
each of the fiscal years 2006 through 2010.
(3) For activities conducted through the Office of Insular
Affairs, not more than $3,000,000 for each of the fiscal years 2006
through 2010.
(4) For activities conducted through the Fish and Wildlife
Service, not more than $2,000,000 for each of the fiscal years 2006
through 2010.
(5) For activities conducted through the United States
Geological Survey, Biological Resources, not more than $1,500,000
for each of the fiscal years 2006 through 2010.
(d) Planning Assistance.--There is authorized to be appropriated to
the Secretary of Agriculture and the Secretary of the Interior such
amounts as may be required to carry out subsection (b)(10).
SEC. 5. ESTABLISHMENT OF QUARANTINE PROTOCOLS TO CONTROL THE
INTRODUCTION AND SPREAD OF THE BROWN TREE SNAKE.
(a) Establishment of Quarantine Protocols.--Not later than two
years after the date of the enactment of this Act, but subject to the
memorandum of agreement required by subsection (b) with respect to
Guam, the Secretaries shall establish and cause to be operated at
Federal expense a system of pre-departure quarantine protocols for
cargo and other items being shipped from Guam and any other United
States location where the brown tree snake may become established to
prevent the introduction or spread of the brown tree snake. The
Secretaries shall establish the quarantine protocols system by
regulation. Under the quarantine protocols system, Federal quarantine,
natural resource, conservation, and law enforcement officers and
inspectors may enforce State and territorial laws regarding the
transportation, possession, or introduction of any brown tree snake.
(b) Cooperation and Consultation.--The activities of the
Secretaries under subsection (a) shall be carried out in cooperation
with other Federal agencies and the appropriate State and territorial
quarantine, natural resource, conservation, and law enforcement
officers. In the case of Guam, as a precondition on the establishment
of the system of pre-departure quarantine protocols under such
subsection, the Secretaries shall enter into a memorandum of agreement
with the Government of Guam to obtain the assistance and cooperation of
the Government of Guam in establishing the system of pre-departure
quarantine protocols.
(c) Implementation.--The system of pre-departure quarantine
protocols to be established under subsection (a) shall not be
implemented until funds are specifically appropriated for that purpose.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the following amounts:
(1) To the Secretary of Agriculture, not more than $3,000,000
for each of the fiscal years 2006 through 2010.
(2) To the Secretary of the Interior, not more than $1,000,000
for each of the fiscal years 2006 through 2010.
SEC. 6. TREATMENT OF BROWN TREE SNAKES AS NONMAILABLE MATTER.
A brown tree snake constitutes nonmailable matter under section
3015 of title 39, United States Code.
SEC. 7. ROLE OF BROWN TREE SNAKE TECHNICAL WORKING GROUP.
(a) Purpose.--The Technical Working Group shall ensure that
Federal, State, territorial, and local agency efforts concerning the
brown tree snake are coordinated, effective, complementary, and cost-
effective.
(b) Specific Duties and Activities.--The Technical Working Group
shall be responsible for the following:
(1) The evaluation of Federal, State, and territorial
activities, programs and policies that are likely to cause or
promote the introduction or spread of the brown tree snake in the
United States or the Freely Associated States and the preparation
of recommendations for governmental actions to minimize the risk of
introduction or further spread of the brown tree snake.
(2) The preparation of recommendations for activities,
programs, and policies to reduce and eventually eradicate the brown
tree snake in Guam or other areas within the United States where
the snake may be established and the monitoring of the
implementation of those activities, programs, and policies.
(3) Any revision of the Brown Tree Snake Control Plan,
originally published in June 1996, which was prepared to coordinate
Federal, State, territorial, and local government efforts to
control, interdict, eradicate or conduct research on the brown tree
snake.
(c) Reporting Requirement.--
(1) Report.--Subject to the availability of appropriations for
this purpose, the Technical Working Group shall prepare a report
describing--
(A) the progress made toward a large-scale population
reduction or eradication of the brown tree snake in Guam or
other sites that are infested by the brown tree snake;
(B) the interdiction and other activities required to
reduce the risk of introduction of the brown tree snake or
other nonindigenous snake species in Guam, the Commonwealth of
the Northern Mariana Islands, Hawaii, American Samoa, and the
Freely Associated States;
(C) the applied and basic research activities that will
lead to improved brown tree snake control, interdiction and
eradication efforts conducted by Federal, State, territorial,
and local governments; and
(D) the programs and activities for brown tree snake
control, interdiction, research and eradication that have been
funded, implemented, and planned by Federal, State,
territorial, and local governments.
(2) Priorities.--The Technical Working Group shall include in
the report a list of priorities, ranked in high, medium, and low
categories, of Federal, State, territorial, and local efforts and
programs in the following areas:
(A) Control.
(B) Interdiction.
(C) Research.
(D) Eradication.
(3) Assessments.--Technical Working Group shall include in the
report the following assessments:
(A) An assessment of current funding shortfalls and future
funding needs to support Federal, State, territorial, and local
government efforts to control, interdict, eradicate, or conduct
research on the brown tree snake.
(B) An assessment of regulatory limitations that hinder
Federal, State, territorial, and local government efforts to
control, interdict, eradicate or conduct research on the brown
tree snake.
(4) Submission.--Subject to the availability of appropriations
for this purpose, the Technical Working Group shall submit the
report to Congress not later than one year after the date of the
enactment of this Act.
(d) Meetings.--The Technical Working Group shall meet at least
annually.
(e) Inclusion of Guam.--The Secretaries shall ensure that adequate
representation is afforded to the government of Guam in the Technical
Working Group.
(f) Support.--To the maximum extent practicable, the Secretaries
shall make adequate resources available to the Technical Working Group
to ensure its efficient and effective operation. The Secretaries may
provide staff to assist the Technical Working Group in carrying out its
duties and functions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to each of the Secretaries not more than $450,000 for each
of the fiscal years 2006 through 2010 to carry out this section.
SEC. 8. MISCELLANEOUS MATTERS.
(a) Availability of Appropriated Funds.--Amounts appropriated under
this Act shall remain available until expended.
(b) Administrative Expenses.--Of the amounts appropriated to carry
out this Act for a fiscal year, the Secretaries may expend not more
than five percent to cover the administrative expenses necessary to
carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Brown Tree Snake Control and Eradication Act of 2004 - (Sec. 3) Expresses the sense of Congress that there is a need for better coordinated control, interdiction, research, and eradication of the brown tree snake.
(Sec. 4) Directs the Secretaries of the Interior and Agriculture to fund brown tree snake control, interdiction, research, and eradication efforts carried out by the Department of the Interior and the Department of Agriculture, other Federal agencies, States, territorial governments, local governments, and private sector entities. Includes among such activities: (1) expansion of eradication and control programs in Guam, including facilities construction; (2) expansion of interagency and intergovernmental rapid response teams in Guam, the Commonwealth of the Northern Mariana Islands, the Freely Associated States (Palau, Micronesia, Marshall islands), and Hawaii; (3) expansion of efforts to protect and restore native wildlife damaged by such snake; (4) research funding related to brown tree snakes; (5) research funding for the Fort Collins Science Center of the U.S. Geological Survey; and (6) related technical assistance to the Freely Associated States.
Authorizes related FY 2006 through 2010 appropriations for: (1) the Animal and Plant Health Inspection Service, Wildlife Services, Operations; (2) the Animal and Plant Health Inspection Service, Wildlife Services, National Wildlife Research Center, Methods Development; (3) the Office of Insular Affairs; (4) the Fish and Wildlife Service; (5) the United States Geological Survey, Biological Resources; and (6) planning assistance to each of the Secretaries.
(Sec. 5) Directs the Secretaries to establish quarantine protocols for baggage, cargo, and other items being shipped from Guam and other U.S. locations in order to prevent such snake's spread. Authorizes FY 2006 through 2010 appropriations.
(Sec. 6) Designates the brown tree snake as non-mailable matter.
(Sec. 7) States that the Brown Tree Snake Technical Working Group shall: (1) ensure coordinated brown tree snake efforts among Federal, State, territorial, and local agencies; (2) develop a list of control, research, interdiction, and eradication priorities; and (3) report to Congress. Authorizes FY 2006 through 2010 appropriations.
(Sec. 8) Limits administrative expenditures to not more than five percent of fiscal year appropriations. | To provide for the control and eradication of the brown tree snake on the island of Guam and the prevention of the introduction of the brown tree snake to other areas of the United States, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Law Enforcement Officers Safety Act
of 2003''.
SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS
PROHIBITING THE CARRYING OF CONCEALED FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 926A the following:
``Sec. 926B. Carrying of concealed firearms by qualified law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
law enforcement officer and who is carrying the identification required
by subsection (d) may carry a concealed firearm that has been shipped
or transported in interstate or foreign commerce, subject to subsection
(b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified law enforcement
officer' means an employee of a governmental agency who--
``(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law, and has
statutory powers of arrest;
``(2) is authorized by the agency to carry a firearm;
``(3) is not the subject of any disciplinary action by the
agency;
``(4) meets standards, if any, established by the agency
which require the employee to regularly qualify in the use of a
firearm; and
``(5) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is the
photographic identification issued by the governmental agency for which
the individual is, or was, employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term `firearm'
does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) any destructive device (as defined in section
921).''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 926A the
following:
``926B. Carrying of concealed firearms by qualified law enforcement
officers.''.
SEC. 3. EXEMPTION OF QUALIFIED RETIRED LAW ENFORCEMENT OFFICERS FROM
STATE LAWS PROHIBITING THE CARRYING OF CONCEALED
FIREARMS.
(a) In General.--Chapter 44 of title 18, United States Code, is
further amended by inserting after section 926B the following:
``Sec. 926C. Carrying of concealed firearms by qualified retired law
enforcement officers
``(a) Notwithstanding any other provision of the law of any State
or any political subdivision thereof, an individual who is a qualified
retired law enforcement officer and who is carrying the identification
required by subsection (d) may carry a concealed firearm that has been
shipped or transported in interstate or foreign commerce, subject to
subsection (b).
``(b) This section shall not be construed to supersede or limit the
laws of any State that--
``(1) permit private persons or entities to prohibit or
restrict the possession of concealed firearms on their
property; or
``(2) prohibit or restrict the possession of firearms on
any State or local government property, installation, building,
base, or park.
``(c) As used in this section, the term `qualified retired law
enforcement officer' means an individual who--
``(1) retired in good standing from service with a public
agency as a law enforcement officer, other than for reasons of
mental instability;
``(2) before such retirement, was authorized by law to
engage in or supervise the prevention, detection,
investigation, or prosecution of, or the incarceration of any
person for, any violation of law, and had statutory powers of
arrest;
``(3)(A) before such retirement, was regularly employed as
a law enforcement officer for an aggregate of 15 years or more;
or
``(B) retired from service with such agency, after
completing any applicable probationary period of such service,
due to a service-connected disability, as determined by such
agency;
``(4) has a nonforfeitable right to benefits under the
retirement plan of the agency;
``(5) during the most recent 12-month period, has met, at
the expense of the individual, the State's standards for
training and qualification for active law enforcement officers
to carry firearms; and
``(6) is not prohibited by Federal law from receiving a
firearm.
``(d) The identification required by this subsection is
photographic identification issued by the agency for which the
individual was employed as a law enforcement officer.
``(e) Defined Term.--As used in this section, the term `firearm'
does not include--
``(1) any machinegun (as defined in section 5845 of title
26);
``(2) any firearm silencer (as defined in section 921); and
``(3) a destructive device (as defined in section 921).''.
(b) Clerical Amendment.--The table of sections for such chapter is
further amended by inserting after the item relating to section 926B
the following:
``926C. Carrying of concealed firearms by qualified retired law
enforcement officers.''. | (This measure has not been amended since it was introduced in the Senate on January 30, 2003. The summary of that version is repeated here.)Law Enforcement Officers Safety Act of 2003 - Amends the Federal criminal code to authorize qualified law enforcement officers (including certain qualified retired officers) carrying the photographic identification issued by their governmental agency, notwithstanding State or local laws, to carry a concealed firearm. Provides that such authorization shall not supersede State laws that: (1) permit private entities to prohibit the possession of concealed firearms on their property; or (2) prohibit the possession of firearms on State or local government property. Excludes from the definition of "firearm" any machine gun, firearm silencer, or destructive device. | A bill to amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperative Interjurisdictional
Rivers Fisheries Resources Act of 1993''.
SEC. 2. FINDINGS.
Congress finds that--
(1) several rivers flow between, or are common to, 2 or
more State boundaries;
(2) in many cases, there is not a single entity which has
complete jurisdictional responsibility for the fisheries
resources in these rivers;
(3) a strong partnership between Federal and State
governmental authorities is vital in coordinating and
facilitating cooperative research and in resolving problems
associated with large river ecosystems because, among other
reasons, many fishery management problems are caused by
federally regulated activities (including activities resulting
in point and nonpoint pollution) and federally constructed
projects (including dams and navigation facilities);
(4) in some rivers, the once rich assemblages of fish fauna
and diverse habitats have been lost and formerly abundant
native fish now exist only as endangered or depleted
populations;
(5) without positive management actions, native species in
some rivers will continue to decline, fostering even greater
conflicts among water users;
(6) construction of waterway developments (including
navigation, flood control, water level fluctuation, power
generation, irrigation, and general water depletion projects)
is accelerating and increasingly degrading large river
ecosystems nationwide;
(7) the United States public will face reduced
opportunities for recreational, commercial, subsistence, and
aesthetic uses of river systems without demonstrable change in
management strategies in the near future;
(8) several programs have been proposed or are underway to
resolve conflicts in these management strategies;
(9) in one of these programs, Federal, State, and local
fisheries managers in the Mississippi River drainage basin have
entered into the Mississippi Interstate Cooperative Resource
Agreement under which the managers will share resources,
facilities, and funding for preparation and development of
long-range strategic plans for management of the drainage
basin's interjurisdictional fisheries;
(10) the Mississippi Interstate Cooperative Resource
Agreement merits detailed evaluation as a model for the
development of long-range strategic plans for the management of
interjurisdictional rivers fisheries resources; and
(11) to ensure that these programs are appropriately
coordinated and to conserve the fisheries resources in
interjurisdictional rivers, there is a need for strategies to
improve coordination, cooperation, research, and information
sharing.
SEC. 3. COUNCIL ON INTERJURISDICTIONAL RIVERS FISHERIES.
(a) Establishment.--There is established a council to be known as
the ``Council on Interjurisdictional Rivers Fisheries'' (in this Act
referred to as the ``Council'').
(b) Duties.--
(1) In general.--The Council shall develop recommendations
for cooperative action strategies on the management of
interjurisdictional rivers fisheries.
(2) Contents of strategies.--The recommended strategies to
be developed by the Council under this subsection shall at a
minimum contain the following:
(A) A listing of the 10 highest priority
interjurisdictional rivers in need of cooperative
fisheries management.
(B) Comprehensive fishery strategic plans for the 5
highest priority interjurisdictional rivers identified
pursuant to subparagraph (A), including goals,
objectives, implementation schedules, and estimates of
costs necessary to fully develop and implement the
strategic plans.
(3) Considerations.--In developing a listing of the highest
priority interjurisdictional rivers in developing and
comprehensive fishery strategic plans, the Council shall
consider the following:
(A) The nature and severity of problems of the
interjurisdictional rivers creating the need for
enhanced cooperation.
(B) The adequacy of existing management programs
for the interjurisdictional rivers to address these
problems.
(C) The status and trends of fisheries resources in
the interjurisdictional rivers.
(D) The biological, physical, geologic, and
hydrographic characteristics of the interjurisdictional
rivers and the economic demands (including water uses)
on these rivers.
(4) Review and approval of strategic plans by states.--The
Council may not issue a cooperative action strategy under this
section in final form unless--
(A) the Council has submitted each comprehensive
fishery strategic plan contained in the strategy to
each State having jurisdiction over an
interjurisdictional river that is covered by the plan;
and
(B) the director of each State fish and wildlife
agency has been offered the opportunity to choose
whether the strategy will be applicable to his State.
(c) Membership.--
(1) Number and appointment.--The Council shall be composed
of 13 members as follows:
(A) The Secretary (or the Secretary's designee) who
shall serve as chairperson of the Council.
(B) 7 individuals appointed by the Secretary who
are qualified to serve on the Council by virtue of
being the director of a State fish and wildlife agency
which represents 1 of the following major
interjurisdictional drainage systems of the United
States: the upper Mississippi, lower Mississippi,
Colorado, Missouri, Ohio, Pacific Coastal, and Atlantic
Coastal Systems.
(C) The Assistant Administrator for Fisheries of
the National Marine Fisheries Service of the Department
of Commerce (or the Assistant Administrator's
designee).
(D) The Secretary of the Department of Energy (or
the Secretary's designee).
(E) The Assistant Secretary of the Army for Civil
Works (or the Assistant Secretary's designee).
(F) The Chairman of the Tennessee Valley Authority
(or the Chairman's designee).
(G) One member of the Federal Energy Regulatory
Commission to be appointed by the Secretary (or the
member's designee).
(2) Terms.--Members shall be appointed for a term of 3
years.
(3) Vacancies.--A vacancy on the Council shall be filled in
the manner in which the original appointment was made. Any
member appointed to fill a vacancy occurring before the
expiration of the term for which the member's predecessor was
appointed shall be appointed only for the remainder of such
term.
(4) Pay.--Members shall serve without pay.
(5) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Council, members shall receive travel expenses, including
per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code; except that
members shall be entitled to receive such expenses only to the
extent that amounts are made available for such purpose in
advance in appropriations Acts.
(d) Transaction of Business.--In resolving matters before the
Council, attempts shall be made to reach consensus by the members. In
the event consensus cannot be reached, all decisions of the Council
will be made by majority vote of all its members. Provisions shall be
made to include a statement of minority opinion in matters in which a
consensus cannot be reached.
(e) Meetings.--The Council shall meet at the call of the
Chairperson or upon the request of a majority of the members.
(f) Staff and Administration.--
(1) Administrative support.--The Secretary shall provide
the Council with such administrative support services as are
necessary for the effective functioning of the Council.
(2) Organization.--The Council shall determine its
organization and prescribe the practices and procedures for
carrying out its duties under subsection (b).
(g) Limitation on Spending Authority.--No money authorized to be
appropriated under this Act may be used to reimburse any agency or
governmental unit (whose employees are Council members) for time spent
by any such employee performing duties of the Council.
(h) Federal Advisory Committee Act Exemption.--Conduct of business
of the Council is exempt from the provisions of the Federal Advisory
Committee Act.
(i) Report to Congress.--Not later than 36 months after the date of
the enactment of this Act, the Secretary shall transmit to Congress a
report containing the strategies to be developed under this section,
together with all statements of minority opinion received by the
Secretary pursuant to subsection (d).
(j) Termination.--The Council shall terminate 30 days after the
date on which a report is submitted under subsection (i).
(k) Limitation on Statutory Construction.--Nothing in this Act
shall be construed--
(1) to diminish the authority or responsibility of a State
with respect to interjurisdictional resources within an
interjurisdictional river or which depend on an
interjurisdictional river;
(2) to authorize the Secretary to implement any strategy
developed under this Act which is beyond the Secretary's
authority on the date of the enactment of this Act; or
(3) to supercede the authority and agreements of existing
commissions or compacts.
SEC. 4. MISSISSIPPI INTERSTATE COOPERATIVE RESOURCE AGREEMENT.
(a) Evaluation.--The Secretary, in cooperation with the Mississippi
Interstate Cooperative Resource Agreement Steering Committee, shall
conduct a pilot test of the Mississippi Interstate Cooperative Resource
Agreement.
(b) Contents.--The pilot test to be conducted under this section
shall include the following:
(1) Identification and description of each of the river
ecosystems of the Mississippi River drainage system and the
associated fishery resources and fish habitat of such river
ecosystems.
(2) Identification and description of the known impacts of
and mitigation techniques for navigation, flood control, power
generation, irrigation, and municipal water supplies projects
on fishery resources of the Mississippi River drainage basin,
including the impacts of dredging, channel maintenance, water
level management, sediment and contaminant transport, vessel
traffic, water withdrawal, and changes in salinity and various
hydrologic conditions.
(3) Analysis of existing resource data with regard to
regional depletion of important fish stocks (including
paddlefish, lake sturgeon, and walleye) and the potential for
restoration of such fish stocks.
(4) Identification of major information gaps and
technological needs to improve the cooperative management of
interjurisdictional fisheries resources.
(5) A comprehensive study of the status, and the
management, research, and restoration needs, of the
interjurisdictional fisheries of the Mississippi River drainage
system.
(6) Development of recommendations regarding the scope,
schedule, regional priorities, and roles of participants in the
Mississippi Interstate Cooperative Resource Agreement for
undertaking cooperative management and research projects.
(7) Development of plans and testing projects for the
restoration and enhancement of depleted fish stocks (including
lake sturgeon, paddlefish, walleye, and other high priority
nonanadromous species) and associated habitats of such fish
stocks.
(8) Evaluation of the feasibility and expected success of
the program under the Mississippi Interstate Cooperative
Resource Agreement and the merits of extending such program of
cooperative management strategy to other river basins in the
United States.
(9) Estimates of funds required to implement
recommendations and plans developed under paragraphs (6), (7),
and (8).
(c) Report to Congress.--Not later than 36 months after the date of
the enactment of this Act, the Secretary shall transmit to Congress a
report containing the evaluation of the pilot test to be conducted
under this section.
SEC. 5. DEFINITIONS.
For the purpose of this Act, the following definitions apply:
(1) Interjurisdictional fisheries resources.--The term
``interjurisdictional fisheries resources'' means fisheries
resources, and associated river ecosystems, that depend on
interjurisdictional rivers and are under the management of 2 or
more governmental entities.
(2) Interjurisdictional river.--The term
``interjurisdictional river'' means a river that flows between,
or is common to, 2 or more State boundaries.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(4) State fish and wildlife agency.--The term ``State Fish
and Wildlife Agency'' includes any State department or agency,
or a part thereof, that is empowered under the laws of the
State to exercise the functions ordinarily exercised by a State
fish and wildlife agency.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary for each of
fiscal years 1994, 1995, and 1996--
(1) $1,000,000 per fiscal year to carry out section 3; and
(2) $2,000,000 per fiscal year to carry out section 4.
Such sums shall remain available until expended. | Cooperative Interjurisdictional Rivers Fisheries Resources Act of 1993 - Establishes the Council on Interjurisdictional Rivers Fisheries to develop recommendations for cooperative action strategies on the management of interjurisdictional rivers fisheries, including: (1) a listing of the ten highest priority interjurisdictional rivers in need of cooperative fisheries management; and (2) comprehensive fishery strategic plans for the five highest priority rivers. Requires that each plan be submitted to each State having jurisdiction over a covered interjurisdictional river and that the director of each State fish and wildlife agency be offered the opportunity to choose whether the strategy will apply to that State.
Mandates a pilot test and report to the Congress regarding the Mississippi Interstate Cooperative Resource Agreement, including: (1) the impacts of navigation, flood control, power generation, irrigation, and municipal water supplies projects on Mississippi River drainage basin fishery resources; and (2) a comprehensive study of the management, research, and restoration needs of the fisheries of the river's drainage system.
Authorizes appropriations. | Cooperative Interjurisdictional Rivers Fisheries Resources Act of 1993 |
SECTION 1. APPLICATION OF WHISTLEBLOWER PROTECTION RULES TO LEGISLATIVE
BRANCH EMPLOYEES.
(a) Short Title.--This Act may be cited as the ``Congressional
Whistleblower Protection Act of 2016''.
(b) Whistleblower Amendments.--Part A of title II of the
Congressional Accountability Act of 1995 (2 U.S.C. 1311 et seq.) is
amended--
(1) in the part heading, by striking ``fair labor
standards,'' and all that follows and inserting ``and other
protections and benefits'';
(2) by redesignating section 207 as section 208; and
(3) by inserting after section 206 the following:
``SEC. 207. RIGHTS AND PROTECTIONS UNDER WHISTLEBLOWER PROTECTION
RULES.
``(a) Rights and Protections Described.--
``(1) In general.--No employing office may take or fail to
take, or threaten to take or fail to take, a personnel action
(within the meaning of chapter 23 of title 5, United States
Code) with respect to any covered employee or applicant for
employment because of--
``(A) any disclosure of information by a covered
employee or applicant which the employee or applicant
reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety;
if such disclosure is not specifically prohibited by
law and if such information is not specifically
required by Executive order or the rules of the Senate
or the House of Representatives to be kept secret in
the interest of national defense or the conduct of
foreign affairs; or
``(B) any disclosure to the General Counsel, or to
the Inspector General of a legislative or executive
agency or another employee designated by the head of
the legislative or executive agency to receive such
disclosures, of information which the employee or
applicant reasonably believes evidences--
``(i) a violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste
of funds, an abuse of authority, or a
substantial and specific danger to public
health or safety.
``(2) Definitions.--For purposes of this section and for
purposes of applying the procedures established under title IV
for the consideration of alleged violations of this section--
``(A) the term `covered employee' includes an
employee of the Government Accountability Office or
Library of Congress; and
``(B) the term `employing office' includes the
Government Accountability Office and the Library of
Congress.
``(b) Remedy.--The remedy for a violation of subsection (a) shall
be such remedy as would be appropriate if awarded under chapter 12 of
title 5, United States Code, with respect to a prohibited personnel
practice described in section 2302(b)(8) of such title.
``(c) Regulations To Implement Section.--
``(1) In general.--The Board shall, pursuant to section
304, issue regulations to implement this section.
``(2) Agency regulations.--The regulations issued under
paragraph (1) shall be the same as the substantive regulations
promulgated by the Merit Systems Protection Board to implement
chapters 12 and 23 of title 5, United States Code, except to
the extent that the Board of Directors of the Office of
Compliance may determine, for good cause shown and stated
together with the regulation, that a modification of such
regulations would be more effective for the implementation of
the rights and protections under this section.''.
(c) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for part A of
title II of the Congressional Accountability Act of 1995 is
amended--
(A) by striking the item relating to part A and
inserting the following:
``PART A--Employment Discrimination, Family and Medical Leave, and
Other Protections and Benefits'';
and
(B) by striking the item relating to section 207
and inserting the following:
``Sec. 207. Rights and protections under whistleblower protection
rules.
``Sec. 208. Prohibition of intimidation or reprisal.''.
(2) Application of laws.--Section 102(a) of the
Congressional Accountability Act of 1995 (2 U.S.C. 1302(a)) is
amended by adding at the end the following:
``(12) Section 2302(b)(8) of title 5, United States
Code.''.
(3) Other conforming amendments.--Section 62(e)(2) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``or 207'' and inserting ``207, or
208''; and
(B) by striking ``or 1317'' and inserting ``1317,
or 1318''. | Congressional Whistleblower Protection Act of 2016 This bill amends the Congressional Accountability Act of 1995 to extend specified whistle-blower protections to employees of congressional offices and committees, the Office of Congressional Accessibility Services, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, the Office of Compliance, the Government Accountability Office, and the Library of Congress. | Congressional Whistleblower Protection Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Opportunity Act of
2007''.
SEC. 2. HIGHER EDUCATION OPPORTUNITY CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning credits) is amended to read as
follows:
``SEC. 25A. HIGHER EDUCATION OPPORTUNITY CREDIT.
``(a) Allowance of Credit.--In the case of any eligible student for
whom an election is in effect under this section for any taxable year,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year in an amount equal to the sum of--
``(1) 100 percent of so much of the qualified tuition and
related expenses paid by the taxpayer during the taxable year
(for education furnished to the eligible student during any
academic period beginning in such taxable year) as does not
exceed $1,000,
``(2) 50 percent of so much of such expenses as exceeds
$1,000 but does not exceed $3,000, and
``(3) 20 percent of so much of such expenses as exceeds
$3,000 but does not exceed $5,500.
``(b) Limitations.--
``(1) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) for the taxable year shall be reduced (but not
below zero) by the amount determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $70,000 ($140,000 in the
case of a joint return), bears to
``(ii) $20,000 ($40,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section and sections 23, 24,
and 25B) and section 27 for the taxable year.
``(3) Credit allowed only for 3 eligible students.--The
credit under subsection (a) to any taxpayer shall not be
allowed with respect to more than 3 eligible students for any
taxable year.
``(4) Other limitations.--
``(A) Credit allowed only for 4 taxable years.--An
election to have this section apply with respect to any
eligible student may not be made for any taxable year
if such an election (by the taxpayer or any other
individual) is in effect with respect to such student
for any 4 prior taxable years.
``(B) Credit allowed for year only if individual is
at least 1/2 time student for portion of year.--The
credit under subsection (a) shall not be allowed for a
taxable year with respect to the qualified tuition and
related expenses of an individual unless such
individual is an eligible student for at least one
academic period which begins during such year.
``(C) Denial of credit if student convicted of a
felony drug offense.--The credit under subsection (a)
shall not be allowed for qualified tuition and related
expenses for the enrollment or attendance of a student
for any academic period if such student has been
convicted of a Federal or State felony offense
consisting of the possession or distribution of a
controlled substance before the end of the taxable year
with or within which such period ends.
``(c) Definitions.--For purposes of this subsection--
``(1) Eligible student.--The term `eligible student' means,
with respect to any academic period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) is carrying at least 1/2 the normal full-time
work load for the course of study the student is
pursuing.
``(2) Qualified tuition and related expenses.--
``(A) In general.--The term `qualified tuition and
related expenses' means tuition and fees required for
the enrollment or attendance of an eligible student who
is--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
at an eligible educational institution for courses of
instruction of such individual at such institution.
``(B) Inclusion of certain expenses for books.--
``(i) In general.--For purposes of
subparagraph (A), tuition and fees shall
include 50 percent of amounts paid or incurred
for books.
``(ii) Limitation.--The amount of tuition
and fees taken into account under subparagraph
(A) by reason of clause (i) for any taxable
year shall not exceed $250 with respect to any
eligible student.
``(C) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such course or other
education is part of the individual's degree program.
``(D) Exception for nonacademic fees.--Such term
does not include student activity fees, athletic fees,
insurance expenses, or other expenses unrelated to an
individual's academic course of instruction.
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965 (20 U.S.C. 1088), as in
effect on the date of the enactment of the Taxpayer
Relief Act of 1997, and
``(B) which is eligible to participate in a program
under title IV of the Higher Education Act of 1965.
``(d) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the qualified tuition and
related expenses of an individual for any taxable year.
``(e) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to the
qualified tuition and related expenses of an individual unless
the taxpayer includes the name and taxpayer identification
number of such individual on the return of tax for the taxable
year.
``(2) Adjustment for certain scholarships, etc.--The amount
of qualified tuition and related expenses otherwise taken into
account under subsection (a) with respect to an individual for
an academic period shall be reduced (before the application of
subsections (a), (b), and (c)) by the sum of any amounts paid
for the benefit of such individual which are allocable to such
period as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such individual's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) qualified tuition and related expenses paid
by such individual during such individual's taxable
year shall be treated for purposes of this section as
paid by such other taxpayer.
``(4) Treatment of certain prepayments.--If qualified
tuition and related expenses are paid by the taxpayer during a
taxable year for an academic period which begins during the
first 3 months following such taxable year, such academic
period shall be treated for purposes of this section as
beginning during such taxable year.
``(5) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which a deduction is
allowed under any other provision of this chapter.
``(6) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(7) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(f) Inflation Adjustments.--
``(1) Dollar limitation on amount of credit.--
``(A) In general.--In the case of a taxable year
beginning after 2008, each of the dollar amounts under
subsection (a) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2007'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the next lowest multiple of $100.
``(2) Income limits.--
``(A) In general.--In the case of a taxable year
beginning after 2008, the $70,000 and $140,000 amounts
in subsection (b)(1)(B) shall each be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2007'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$1,000.
``(g) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any amount which was taken into account in determining the amount of
such credit.''.
(b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 is amended by striking
section 222 (relating to qualified tuition and related
expenses).
(2) Clerical amendment.--The table of section for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 222.
(c) Conforming Amendments.--
(1) Paragraph (1) of section 26(a) of the Internal Revenue
Code of 1986 is amended by inserting ``25A,'' after ``24,''.
(2) Section 62(a) of such Code is amended by striking
paragraph (18).
(3) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(e)(2)''.
(4) Section 221(d) of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 25A(e)(2)'',
(B) by striking ``section 25A(f)(2)'' in paragraph
(2)(B) and inserting ``section 25A(c)(3)'', and
(C) by striking ``section 25A(b)(3)'' in paragraph
(3) and inserting ``section 25A(c)(1)''.
(5) Section 529 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (c)(3)(B)(v) and inserting ``section
25(e)(2)'', and
(B) by striking ``section 25A(b)(3)'' in clause (i)
of subsection (e)(3)(B) and inserting ``section
25A(c)(1)''.
(6) Section 530 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (d)(2)(C)(i) and inserting ``section
25A(e)(2)'', and
(B) by striking ``section 25A(g)(2)'' in clause
(iii) of subsection (d)(4)(B) and inserting ``section
25A(e)(2)''.
(7) Section 1400O of such Code is amended by adding at the
end the following flush sentence:
``For purposes of this section, any reference to section 25A shall be
treated as a reference to such section before the date of the enactment
of this sentence.''.
(8) Subsection (e) of section 6050S of such Code is amended
by striking ``(without regard to subsection (g)(2) thereof)''
and inserting ``(without regard to subsection (e)(2)
thereof)''.
(9) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 25A(e)(1)''.
(10) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25A and inserting the following:
``Sec. 25A. Higher education opportunity credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2007 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date. | Higher Education Opportunity Act of 2007 - Amends the Internal Revenue Code to replace the hope and lifetime learning tax credits with a higher education opportunity tax credit.
Allows a higher education opportunity tax credit for 100% of qualified tuition and related expenses (including a certain allowance for books) up to $1,000, 50% for such expenses between $1,000 and $3,000, and 20% of such expenses between $3,000 and $5,500. Reduces credit amounts for taxpayers with modified adjusted gross incomes over $70,000 ($140,000 in the case of a joint return).
Limits such credit to three eligible students per taxpayer in any taxable year and for four taxable years.
Denies such credit to certain part-time students and students convicted of a felony drug offense.
Repeals the tax deduction for qualified tuition and related expenses. | A bill to amend the Internal Revenue Code of 1986 to provide a higher education opportunity credit in place of existing education tax incentives. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety for Americans from Nuclear
Weapons Testing Act''.
SEC. 2. TREATMENT UNDER NATIONAL ENVIRONMENTAL POLICY ACT OF ACTIONS
RELATING TO NUCLEAR WEAPONS TESTS.
(a) In General.--Each action of a Federal agency described in
subsection (b) shall be deemed to be a major Federal action
significantly affecting the quality of the human environment for which
a separate environmental impact statement is required under section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Actions Described.--An action described in this subsection is
any of the following:
(1) The resumption of underground nuclear testing at the
Nevada Test Site.
(2) The use of a location other than the Nevada Test Site
for the resumption of underground nuclear testing.
(c) Included Information.--
(1) In general.--The environmental impact statement
prepared under subsection (a) for an action described in
subsection (b) shall include a detailed description of--
(A) the possibility of radiation containment
failure as a result of the action and the effects of
such containment failure; and
(B) the possible long-term effects on the water
table from underground radiation leakage resulting from
the action.
(2) Information for categories of weapons.--In the case of
an action described in subsection (b) that is expected to
result in the testing of more than one nuclear weapon or
nuclear explosive device, the information required under
paragraph (1) shall be included separately with respect to
each, if any, of the following 3 classes of weapons and devices
that is the subject of such tests:
(A) Weapons and devices having a yield of less than
15 kilotons.
(B) Weapons and devices having a yield of not less
than 15 kilotons and not greater than 50 kilotons.
(C) Weapons and devices having a yield of greater
than 50 kilotons.
(d) Availability of Statements.--The head of a Federal agency that
carries out an action described in subsection (b)--
(1) shall make available to the public the detailed
statement required for the action under section 102(2)(C) of
the National Environmental Policy Act of 1969, except that the
head of an agency shall not make available to the public any
classified annex to such statement; and
(2) shall submit to Congress each classified annex to such
statement.
(e) Existing Statements Not Sufficient.--No statement prepared
before the date of the enactment of this Act shall be treated as the
statement required by section 102(2)(C) of the National Environmental
Policy Act of 1969 with respect to an action described in subsection
(b).
SEC. 3. CONGRESSIONAL AUTHORIZATION REQUIRED FOR RESUMPTION OF NUCLEAR
WEAPONS TESTING.
The United States may not resume underground nuclear testing
unless authorized by an Act enacted after the date of the enactment of
this Act.
SEC. 4. PUBLIC NOTICE REQUIREMENTS.
(a) Advance Public Notice of Each Test.--
(1) In general.--The United States may not resume
underground nuclear testing unless the Secretary of Energy
first provides, not later than 7 days before the date of the
test, public notice of the fact that such test is to be carried
out.
(2) Revisions.--The President shall promptly provide to the
public notice of any change to the information provided
pursuant to paragraph (1).
(b) Prompt Notice of Each Test.--After each underground nuclear
test at the Nevada Test Site, the Secretary of Energy shall promptly
provide to the public notice of each of the following:
(1) The date, time, and location of the test.
(2) The nature and extent of any release of radiation
resulting from such test.
(c) Public Meeting Requirement.--After an underground nuclear test
is conducted, the Secretary of Energy shall hold a public meeting in
southern Utah to discuss the details of the test, including the nature
and extent of any release of radiation as a result of the test.
(d) Rule of Construction.--The notice requirements under
subsections (a) and (b) shall apply notwithstanding any provision of
law that would otherwise require or permit the information to not be
made public.
SEC. 5. STUDY ON SAFETY AND HEALTH OF CITIZENS IN THE VICINITY OF THE
NEVADA TEST SITE.
Not later than one year after the date of the enactment of this
Act, the National Academy of Sciences shall, for purposes of obtaining
an independent analysis of the safety, health, and environmental issues
related to underground nuclear testing and ensuring the safety and
health of citizens who live near the Nevada Test Site, complete a study
on the safety, health, and environmental measures that the National
Nuclear Security Administration has taken with respect to underground
nuclear testing. The study shall also recommend additional measures
that might be taken, if required, to ensure the safety and health of
such citizens.
SEC. 6. NEVADA TEST SITE CITIZENS REVIEW BOARD.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Energy shall establish a Nevada
Test Site Citizens Review Board (hereafter in this section referred to
as the ``Board'') to address environmental, health, and safety issues
related to nuclear testing at the Nevada Test Site.
(b) Membership.--
(1) In general.--The Board shall be composed of nine
members appointed by the Secretary of Energy of whom--
(A) three members shall be citizens of Nevada, of
whom--
(i) one shall be a State official with
expertise in the fields of environmental
safety, health, or air quality; and
(ii) two shall be community
representatives;
(B) three members shall be citizens of Arizona, of
whom--
(i) one shall be a State official with
expertise in the fields of environmental
safety, health, or air quality; and
(ii) two shall be community
representatives; and
(C) three members shall be citizens of Utah, of
whom--
(i) one shall be a State official with
expertise in the fields of environmental
safety, health, or air quality; and
(ii) two shall be community
representatives.
(2) Recommendations for appointments.--
(A) Nevada.--The members of the Board appointed
under paragraph (1)(A) shall be appointed from among
any individuals that are recommended for such
appointment by the chief executive officer of the State
of Nevada.
(B) Arizona.--The members of the Board appointed
under paragraph (1)(B) shall be appointed from among
any individuals that are recommended for such
appointment by the chief executive officer of the State
of Arizona.
(C) Utah.--The members of the Board appointed under
paragraph (1)(C) shall be appointed from among any
individuals that are recommended for such appointment
by the chief executive officer of the State of Utah
pursuant to such recommendations as have been made
jointly by the Five County Association of Governments
and the Six County Association of Governments, Utah.
(c) Meetings.--
(1) In general.--The Board shall meet annually, together
with the Nevada Test Site Office Manager, to discuss
environmental, health, and safety issues at the Nevada Test
Site.
(2) Review of proposed nuclear tests.--The Board shall meet
not later than 180 days prior to any proposed nuclear test at
the Nevada Test Site to discuss environmental, health, and
safety issues related to such proposed test.
SEC. 7. GRANT PROGRAM FOR INDEPENDENT RADIATION MONITORING.
(a) Grants Authorized.--The Secretary of Homeland Security, acting
through the Office for Domestic Preparedness, shall carry out a program
under which the Secretary makes grants to institutions of higher
education--
(1) to acquire radiation detection equipment and sensors
for use by those institutions; and
(2) to maintain and operate such equipment and sensors for
a period of 10 years after the award of such grant to the
institution concerned.
(b) Preference.--In making grants under this section, the Secretary
shall give preference to institutions located in States that have
received high levels of fallout from nuclear weapons tests, as
determined by data collected by the National Cancer Institute.
(c) Conditions.--Each institution that receives a grant under this
section shall be required, whenever the United States carries out an
underground nuclear test during the period referred to in subsection
(a)--
(1) to use the equipment and sensors to carry out
monitoring to determine the nature and amount of any radiation
from the test that reaches such sensors; and
(2) to ensure that all information on radiation obtained
through monitoring under paragraph (1) is made available to the
public.
SEC. 8. MONITORING OF RELEASES OF RADIATION INTO THE ATMOSPHERE.
(a) Monitoring by Department of Energy and Environmental Protection
Agency.--Whenever the United States carries out an underground nuclear
test, monitoring to determine the nature and extent of any radiation
released into the atmosphere shall be carried out by--
(1) the Secretary of Energy, using--
(A) all available monitoring systems of the
Department of Energy located on or off the test site;
and
(B) any other complementary monitoring system
located off the test site that is made available to the
Secretary by the head of any other element of the
Federal Government; and
(2) the Administrator of the Environmental Protection
Agency, using one or more monitoring systems and in
consultation with the head of any other element of the Federal
Government with a monitoring system located off the test site.
(b) Monitoring Stations.--The Secretary of Energy shall ensure
that, not later than one year after the date of the enactment of this
Act, there shall be at least one monitoring station that is established
and operational in each county of the State of Utah that has requested
such a monitoring station as of that date.
(c) Assessment of Containment by Department of Energy.--For each
underground nuclear test, the Secretary of Energy shall assess and
evaluate the containment of radiation before and after the test.
(d) Monitoring by Environmental Protection Agency.--
(1) In general.--In carrying out monitoring under
subsection (a)(2), the Administrator of the Environmental
Protection Agency shall use a combination of temporary ground
sensors, permanent ground sensors, and airborne sensors.
(2) Real-time monitoring required.--Any sensors employed
pursuant to paragraph (1) that operate by gathering air
particles shall have real-time monitoring capabilities.
(3) Placement of sensors.--
(A) Consultation.--In determining the locations for
the sensors employed pursuant to paragraph (1), the
Administrator of the Environmental Protection Agency
shall consult with--
(i) the Administrator of the National
Oceanic and Atmospheric Administration;
(ii) the head of any other element of the
Federal Government with a suitable monitoring
system located off the test site; and
(iii) the head of any other element of the
Federal Government that the Administrator of
the Environmental Protection Agency considers
appropriate.
(B) Criteria for determinations.--In determining
the locations of sensors under this paragraph, the
Administrator of the Environmental Protection Agency
shall consider the proximity of such locations to major
agricultural zones, population centers, public water
resources, and areas with high levels of fallout from
previous nuclear tests.
(e) Public Notice of Monitoring Data.--The Secretary of Energy and
the Administrator of the Environmental Protection Agency each shall
ensure that all information on radiation obtained through monitoring
under this section is made available to the public on the Internet as
soon as available, and in any event not more than 24 hours after such
information is collected.
(f) Finding of Release.--If, in monitoring any test under this
subsection, the head of any element of the Federal Government
determines that a release of radiation beyond the boundaries of the
Nevada Test Site has occurred--
(1) the Administrator of the Environmental Protection
Agency shall immediately submit a report to Congress providing
notice of such determination;
(2) the United States shall cease all underground nuclear
testing, except as otherwise provided in an Act enacted after
the date of such test; and
(3) the Attorney General shall carry out a program,
substantially similar to the program carried out under section
4 of the Radiation Exposure Compensation Act (42 U.S.C. 2210
note), under which compensation is provided to individuals
adversely affected by such release of radiation.
SEC. 9. ESTABLISHMENT OF CENTER FOR THE STUDY OF RADIATION AND HUMAN
HEALTH.
(a) Establishment.--The Director of the National Institutes of
Health shall make a grant to a university or a consortium of
universities located in the intermountain west region of the United
States to establish, maintain, and operate a center to be known as the
``National Center for the Study of Radiation and Human Health'' (in
this section referred to as the ``Center'').
(b) Activities.--The activities of the Center shall include the
following:
(1) Awarding grants to institutions of higher education for
research on the relationship between radiation and human
health, including any health effects or illness related to
exposure to particular radioactive isotopes.
(2) Studying the relationship between radiation and human
health, including fallout data collection.
(3) Coordinating efforts relating to research on radiation
and human health.
(4) Collecting, maintaining, and making available to the
public by means of the Internet an archive of data on fallout
from nuclear tests and the effects of exposure to such fallout
on human health.
(c) Report.--The Center shall submit to Congress, and make
available to the public, an annual report on the activities of the
Center.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 10. STUDY OF INDIVIDUALS EXPOSED TO NUCLEAR WEAPONS TESTS.
Not later than 3 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, acting through the Director
of the National Cancer Institute, shall--
(1) complete a study to estimate the dose of all
radionuclides received by the United States population as a
result of exposure to nuclear weapons tests conducted in the
United States;
(2) disaggregate the results of such study by organ, by
radionuclide, and by demographic variables;
(3) submit to Congress a report on the results of such
study; and
(4) make such results available to the public. | Safety for Americans from Nuclear Weapons Testing Act - Deems each of the following actions undertaken by a Federal agency to be a major Federal action significantly affecting the quality of the human environment for which a separate environmental impact statement is required under the National Environmental Policy Act of 1969: (1) the resumption of underground nuclear testing at the Nevada Test Site (Site); or (2) the use of any other location for such testing. Outlines information required to be included in such statement, including: (1) the possibility of radiation containment failure and the effects of such failure; (2) possible long-term effects on the water table from underground radiation leakage; and (3) information with respect to certain kiloton categories of weapons.
Prohibits the United States from resuming any such testing unless authorized by a law enacted after the enactment of this Act.
Requires: (1) advance (seven days) public notice of each test; (2) prompt notice of each release of radiation resulting from a test at the Site; and (3) a study by the National Academy of Sciences on the safety and health of citizens in the vicinity of the Site. Establishes a Nevada Test Site Citizens Review Board to address environmental, health, and safety issues related to nuclear testing at the Site.
Directs the Secretary of Homeland Security to make grants to institutions of higher education to acquire and operate for ten years radiation detection equipment and sensors.
Directs the Secretary of Energy, through the Department of Energy (DOE) and the Environmental Protection Agency, to monitor the nature and extent of any radiation released into the atmosphere as a result of such testing. Requires: (1) DOE radiation containment assessment; and (2) public notice of monitoring data.
Requires the: (1) Director of the National Institutes of Health to make a grant to establish the National Center for the Study of Radiation and Human Health; and (2) Secretary of Health and Human Services to conduct a study of individuals exposed to nuclear weapons tests. | A bill to protect public health and safety in the event that testing of nuclear weapons by the United States is resumed. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Reform and Responsibility
Act of 1993''.
SEC. 2. WORK REQUIRED IN EXCHANGE FOR AID TO FAMILIES WITH DEPENDENT
CHILDREN.
(a) States Required to Include a CWEP in the JOBS Program.--Section
482(d)(1)(A) of the Social Security Act (42 U.S.C. 682(d)(1)(A)) is
amended--
(1) in clause (i)--
(A) by striking ``and'' at the end of subclause
(III); and
(B) by adding at the end the following:
``(V) community work experience programs as
described in subsection (f); and''; and
(2) in clause (ii)--
(A) in subclause (II) by inserting ``and'' at the
end;
(B) in subclause (III), by striking ``; and'' and
inserting a period; and
(C) by striking subclause (IV).
(b) States Required to Enroll AFDC Recipients who are not
Participating in the JOBS Program and are not Exempt From Such
Participation in a CWEP.--Section 402(a) of such Act (42 U.S.C. 602(a))
is amended--
(1) in paragraph (44), by striking ``and'' after the
semicolon;
(2) in paragraph (45), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (45) the following:
``(46)(A) require each recipient of aid under the plan who
has received such aid for at least 6 consecutive months, is not
participating in the program of the State under part F or any
other program which offers substantially equivalent education,
job training, or work activities designed to lead to
employment, and is not described by any clause of paragraph
(19)(C), to participate in the State community work experience
program established in accordance with section 482(f) for a
number of hours per month equal to the amount of such aid
payable monthly with respect to the family of which the
recipient is a member, divided by the greater of the Federal
minimum hourly wage or the applicable State minimum hourly
wage;
``(B) prohibit any such aid recipient from being assigned
to any position of employment which was created before the date
of the enactment of this paragraph; and
``(C) require the State to regularly inspect and report to
the Secretary and the Secretary of Labor on the sites,
facilities, and procedures of the community work experience
program.''.
SEC. 3. FRAUD REDUCTION.
(a) States Required to Operate Toll-Free Telephone Number to
Receive Reports of Fraud or Abuse.--Section 402(a) of the Social
Security Act (42 U.S.C. 602(a)), as amended by section 1(b) of this
Act, is amended--
(1) in paragraph (45), by striking ``and'' after the
semicolon;
(2) in paragraph (46), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (46) the following:
``(47) require the State to operate on a 24-hour-a-day
basis, and publicize the existence of, a telephone number to
which calls may be placed, without charge to the caller, to
report fraud or abuse in the program carried out under the
plan.
(b) Limitation on Authorization of Appropriations for the Office of
Investigations in the Office of Inspector General of the Department of
Health and Human Services.--For the Office of Investigations in the
Office of Inspector General, Department of Health and Human Services,
there are authorized to be appropriated not to exceed $60,000,000 for
fiscal year 1994.
SEC. 4. ASSESSMENTS OF NEEDS AND SKILLS; EMPLOYABILITY PLANS.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as
amended by the preceding provisions of this Act, is amended--
(1) in paragraph (46), by striking ``and'' after the
semicolon;
(2) in paragraph (47), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (47) the following:
``(48) provide that--
``(A) during the first month after the effective
date of this paragraph in which aid is received under
the plan, the requirements of section 482(b)(1) shall
apply with respect to the recipient; and
``(B) the employability plan developed for the
recipient must--
``(i) be designed to move the recipient
from aid to work in not more than 2 years;
``(ii) set specific goals and timetables
for reaching such goals; and
``(iii) be reviewed and updated not less
frequently than every 6 months.''.
SEC. 5. ELIGIBILITY REVIEW.
Section 402(a) of the Social Security Act (42 U.S.C. 602(a)), as
amended by the preceding provisions of this Act, is amended--
(1) in paragraph (47), by striking ``and'' after the
semicolon;
(2) in paragraph (48), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (48) the following:
``(49)(A) provide for the establishment of panels, each
composed of 3 former State judges, to--
``(i) annually review the circumstances of
recipients of aid under the plan who have received such
aid for 2 consecutive years;
``(ii) determine whether or not the recipient has
fully participated in the program of the State under
part F and has made an effort to become employed, and,
if not, whether or not circumstances beyond the control
of the recipient have prevented such full participation
or employment; and
``(iii) reduce the amount of such aid payable to
the recipient if the recipient is not meeting the
participation requirements of the program under part F;
and
``(B) provide that the procedures established or required
by section 482(h) be used to resolve all disputes arising out
of determinations of such panels.''.
SEC. 6. FAMILY PROVISIONS.
(a) States Required to Offer Parenting Courses to All Teenage
Parents not in School.--Section 402(a) of the Social Security Act (42
U.S.C. 602(a)), as amended by the preceding provisions of this Act, is
amended--
(1) in paragraph (48), by striking ``and'' after the
semicolon;
(2) in paragraph (49), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (49) the following:
``(50) require the State to make available to all parents
in the State who have not attained the age of 20 years and who
are not attending school, a course of instruction in parenting
which includes topics such as family planning, health,
nutrition, and child development.''.
(b) States Required to Establish Incentives to Use Certain
Contraceptive Methods.--
(1) In general.--Section 402(a) of the Social Security Act
(42 U.S.C. 602(a)), as amended by the preceding provisions of
this Act, is amended--
(A) in paragraph (49), by striking ``and'' after
the semicolon;
(B) in paragraph (50), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (50) the
following:
``(51) require the State to establish a program that
provides incentives for recipients of aid under the plan to use
implanted, temporary, hormonal contraceptive devices.''.
(2) Payments to states.--Section 403 of such Act (42 U.S.C.
603) is amended by adding at the end the following:
``(o) In addition to any payment under subsection (a) or (l), each
State shall be entitled to payments from the Secretary of an amount
equal to the Federal medical assistance percentage (as defined in
section 1905(b)) of the expenditures by the State in operating the
program required by section 402(a)(51).''.
SEC. 7. EXPANSION OF JOB TRAINING AND EDUCATIONAL OPPORTUNITIES.
Section 403(l)(1)(A) of the Social Security Act (42 U.S.C.
603(l)(1)(A)) is amended--
(1) in clause (i), by striking ``and'';
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) notwithstanding clauses (i) and (ii), with respect
to so much of such expenditures in a fiscal year as exceed 60
percent of the State's expenditures to carry out a program
under part F in the fiscal year 1992, 100 percent.''.
SEC. 8. WORK INCENTIVES; REDUCTION OF BARRIERS TO EMPLOYMENT.
(a) Earned Income Disregard Changed to Encourage Employment.--
(1) In general.--Section 402(a)(8)(B)(ii) of the Social
Security Act (42 U.S.C. 602(a)(8)(B)(ii)) is amended--
(A) in subclause (I), by striking ``--'' and all
that follows through ``(b)''; and
(B) in subclause (II)--
(i) by striking ``the provisions of
subclause (II) of such subparagraph to any
month after such month, or apply''; and
(ii) by striking ``either''.
(2) Conforming amendments.--
(A) Section 402(a)(37) of such Act (42 U.S.C.
602(a)(37)) is amended by striking ``paragraph
(8)(B)(ii)(II)'' and inserting ``the inapplicability of
paragraph (8)(A)(iv)''.
(B) Section 402(g)(1)(A)(ii) of such Act (42 U.S.C.
602(g(1)(a)(II)) is amended by striking ``subsection
(a)(8)(B)(ii)(II)'' and inserting ``the inapplicability
of subsection (a)(8)(A)(iv)''.
(C) Section 482(e)(2)(G)(ii) of such Act (42 U.S.C.
682(e)(2)(G)(ii)) is amended by striking ``the
provisions of subparagraph (A)(iv)'' and all that
follows and inserting ``section 402(a)(8)(A)(iv)
without regard to the time limitation of such
section''.
(D) Section 1925(a)(1) of such Act (42 U.S.C.
1396r-6(a)(1)) is amended by striking ``section
402(a)(8)(B)(ii)(II)'' and inserting ``the
inapplicability of section 402(a)(8)(A)(iv)''.
(b) Optional State Extension of Medicaid Enrollment for Certain
Former AFDC Recipients.--
(1) Optional extension for 2 additional years.--
(A) In general.--Section 1925(b)(1) of such Act (42
U.S.C. 1396r-6(b)(1)) is amended by striking the period
at the end and inserting the following: ``, and may
provide that the State shall offer to each such family
the option of extending coverage under this subsection
for any of the first 4 succeeding 6-month periods, in
the same manner and under the same conditions as the
option of extending coverage under this subsection for
the first succeeding 6-month period.''.
(B) Conforming amendment.--The heading for such
section is amended by striking ``Requirement'' and
inserting ``In general''.
(2) Premium for additional extension periods based on
sliding scale.--
(A) In general.--Section 1925(b)(5)(B) of such Act
(42 U.S.C. 1396r-6(b)(5)(B)) is amended by adding at
the end the following new sentence: ``With respect to
such a premium in a premium payment period occurring
during the 2nd, 3rd, 4th, or 5th additional extension
period provided under this subsection, the State shall
(subject to subparagraph (C)) base the amount of the
premium on a sliding scale based on the family's
ability to pay the premium.''.
(B) Conforming amendment.--The heading for such
section is amended by striking ``offered'' and
inserting ``offered or family income''.
(3) Other conforming amendments.--Section 1925(b) of such
Act (42 U.S.C. 1396r-6(b)) is amended--
(A) in the heading, by striking ``Extension'' and
inserting ``Extensions'';
(B) in paragraph (2)(B)(ii)--
(i) in the heading, by striking ``period''
and inserting ``periods'', and
(ii) by striking ``in the period'' and
inserting ``in each of the 6-month periods'';
(C) in paragraph (3)(A), by striking ``the 6-month
period'' and inserting ``any 6-month period'';
(D) in paragraph (4)(A), by striking ``the
extension period'' and inserting ``any extension
period''; and
(E) in paragraph (5)(D)(i), by striking ``is a 3-
month period'' and all that follows and inserting the
following: ``is, with respect to a particular 6-month
additional extension period provided under this
subsection, a 3-month period beginning with the 1st or
4th month of such extension period.''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) shall apply to calendar quarters beginning on or
after January 1, 1994.
(c) State Option to Extend Child Care for up to 3 Years.--Section
402(g)(1)(A)(iii) of such Act (42 U.S.C. 602(g)(1)(A)(iii)) is amended
by inserting ``(or, at the option of the State, a period of not more
than 36 months)'' after ``12 months''. | Welfare Reform and Responsibility Act of 1993 - Amends part F (Job Opportunities and Basic Skills Training Program) (JOBS Program) of title IV of the Social Security Act (SSA) to require States to include community work experience programs (CWEPs) in their JOBS Program.
Amends SSA title IV part A (Aid to Families with Dependent Children) (AFDC) to require States to: (1) enroll AFDC recipients who are not participating in a JOBS Program and are not exempt from such participation in a CWEP; (2) operate toll-free telephone numbers to receive reports of AFDC fraud or abuse; (3) apply JOBS program requirements regarding assessments of needs and skills to AFDC recipients; (4) develop individual employability plans, including specific goals and timetables, designed to move recipients from AFDC to work in not more than two years; (5) provide for the establishment of panels to review AFDC cases, evaluate AFDC recipients' participation in JOBS Programs, and reduce AFDC benefits if participation requirements are not met; (6) offer parenting courses to all teenage parents not in school; (7) establish a program providing incentives for AFDC recipients to use certain contraceptive methods; (8) revise payment provisions; (9) change the mechanism for disregarding earned income in order to encourage employment; and (10) give States the option of extending child care and Medicaid (SSA title XIX) enrollment for certain former AFDC recipients.
Authorizes appropriations for Inspector General investigations at the Department of Health and Human Services. | Welfare Reform and Responsibility Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrity of the United States
Courts Act of 2001''.
SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL DECISIONS.
(a) In General.--Subtitle A of title IV of the North American Free
Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended
by inserting after section 404 the following new section:
``SEC. 404A. REVIEW OF BINATIONAL PANEL DETERMINATIONS.
``(a) Basis for Review in Court of International Trade.--If, within
30 days after publication in the Federal Register of notice that a
binational panel has issued a determination following a review under
article 1904 of a decision of a competent investigating authority in
the United States, a party or person within the meaning of paragraph 5
of article 1904 alleges that--
``(1)(A) a member of a panel was guilty of a gross
misconduct, bias, or a serious conflict of interest, or
otherwise materially violated the rules of conduct,
``(B) the panel seriously departed from a fundamental rule
of procedure, or
``(C) the panel manifestly exceeded its powers, authority,
or jurisdiction set out in article 1904, as in failing to apply
the appropriate standard of review, and
``(2) any of the actions described in paragraph (1) has
materially affected the panel's decision and threatens the
integrity of the binational panel review process,
then such party or person may file an appeal with the United States
Court of International Trade, seeking review of the binational panel
determination, pursuant to section 516A of the Tariff Act of 1930.
``(b) Decisions of the Court.--In any appeal filed under subsection
(a) for review of a binational panel determination, the Court of
International Trade shall, after examining the legal and factual
analysis underlying the findings and conclusions of the panel's
decision, determine whether any of the actions described in subsection
(a)(1) has been established. If the court finds that any of those
actions has been established, the court shall vacate the original panel
decision and enter judgment accordingly. If the actions are not
established, the court shall affirm the original binational panel
decision. Decisions of the Court of International Trade under this
section shall be binding on the parties with respect to the matters
between the parties that were before the panel.
``(c) Exclusive Jurisdiction.--If a party or person within the
meaning of paragraph 5 of article 1904 timely files a notice of appeal
to the Court of International Trade pursuant to this section, then
jurisdiction exclusively resides with the United States Court of
International Trade, and such determinations are not subject to review
by an extraordinary challenge committee under paragraph 13 of article
1904.
``(d) Applicability.--This section applies to all goods from NAFTA
countries which were subject to an antidumping duty or countervailing
duty determination of a competent investigating authority in the United
States.''.
(b) Conforming Amendment.--The table of contents of the North
American Free Trade Implementation Act is amended by inserting after
the item relating to section 404 the following:
``Sec. 404A. Review of binational panel determinations.''.
SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE.
Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)(I), by striking ``or
(viii)'' and inserting ``(viii), or (ix)''; and
(B) in subparagraph (B), by adding at the end the
following:
``(ix) A final determination of a
binational panel convened pursuant to article
1904 of the NAFTA.'';
(2) in subsection (a)(5), in the matter preceding
subparagraph (A), by inserting ``(other than a determination
described in subsection (g)(3)(A)(vii))'' after ``apply''; and
(3) in subsection (g)(3)(A)--
(A) in clause (v), by striking ``or'' at the end;
(B) in clause (vi), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following:
``(vii) a determination of which either a
party or person within the meaning of paragraph
5 of article 1904 of the NAFTA has requested
review pursuant to section 404A of the North
American Free Trade Agreement Implementation
Act.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to any final
determination of a binational panel convened pursuant to article 1904
of the North American Free Trade Agreement, notice of which is
published in the Federal Register on or after the date of the enactment
of this Act.
SEC. 5. APPLICABILITY TO GOODS FROM A NAFTA COUNTRY.
Pursuant to section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), the amendments made by this Act
shall apply with respect to goods from a NAFTA country (as defined in
section 2(4) of that Act (19 U.S.C. 3301(4))). | Integrity of the United States Courts Act of 2001 - Amends the North American Free Trade Agreement (NAFTA) Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel, alleging that a member of a binational panel is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel review process.Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of such a binational panel.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from a NAFTA country (United States, Canada, and Mexico). | To provide for review in the Court of International Trade of certain determinations of binational panels under the North American Free Trade Agreement. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Savings Act of 2012''.
SEC. 2. MODIFICATION AND EXTENSION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.
(a) Credit Made Permanent.--Section 25C of the Internal Revenue
Code of 1986 is amended by striking subsection (g).
(b) Modification to Limitations.--Subsection (b) of section 25C of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``$500'' in paragraph (1) and inserting
``$1,000'', and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(c) Labor Costs Included in Credit.--Paragraph (1) of section
25C(c) of the Internal Revenue Code of 1986 is amended by adding at the
end the following flush sentence:
``Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the component.''.
(d) Roofs.--Section 25C(c) of the Internal Revenue Code of 1986 is
amended--
(1) in paragraph (1), by striking ``a metal roof with
appropriate pigmented coatings, or an asphalt roof with
appropriate cooling granules,'' and inserting ``or a roofing
product'', and
(2) in paragraph (2)(D), by striking ``any metal roof or
asphalt roof installed on a dwelling unit, but only if such
roof has appropriate pigmented coatings or cooling granules
which are'' and inserting ``any roofing product installed on a
dwelling unit, but only if such roofing product is''.
(e) Modifications to Residential Energy Property Expenditures.--
(1) Qualified natural gas, propane, or oil furnaces or hot
water boilers.--Paragraph (4) of section 25C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or oil
furnace or hot water boiler' means--
``(A) a natural gas or propane furnace which
achieves an annual fuel utilization efficiency rate of
not less than 95,
``(B) a natural gas or propane hot water boiler
which achieves an annual fuel utilization efficiency
rate of not less than 90,
``(C) an oil furnace or hot water boiler which--
``(i) achieves an annual fuel utilization
efficiency rate of not less than 86, and
``(ii)(I) in the case of a hot water
boiler, is installed with temperature reset or
thermal purge controls and an indirect water
heater, and
``(II) in the case of a furnace, is
installed with an electronically commutated
blower motor.''.
(2) Water heaters.--
(A) In general.--Paragraph (3) of section 25C(d) of
the Internal Revenue Code of 1986 is amended--
(i) by striking ``electric heat pump water
heater'' in subparagraph (A) and inserting
``integrated heat pump water heater'',
(ii) by striking ``a natural gas, propane,
or oil water heater'' in subparagraph (D) and
inserting ``an oil water heater'', and
(iii) by redesignating subparagraph (E) as
subparagraph (G) and inserting after
subparagraph (D) the following new
subparagraphs:
``(E) a natural gas or propane storage water heater
with an energy factor of at least 0.67 or a thermal
efficiency of at least 90 percent,
``(F) a natural gas or propane tankless water
heater with an energy factor of at least 0.82 or a
thermal efficiency of at least 90 percent, and''.
(B) Limitation.--Paragraph (2) of section 25C(b) of
such Code, as redesignated by subsection (b), is
amended by striking subparagraphs (A) through (C) and
inserting the following:
``(A) $1,000 in the case of--
``(i) any water heater described in
subsection (d)(3)(A),
``(ii) any natural gas storage water heater
described in subsection (d)(3)(E) which--
``(I) has an energy factor of 0.80
or higher, or
``(II) has a thermal efficiency of
at least 90 percent, and
``(iii) any natural gas tankless water
heater described in subsection (d)(3)(F)
which--
``(I) has an energy factor of 0.90
or higher, or
``(II) has a thermal efficiency of
at least 90 percent, and
``(B) $500 in the case of--
``(i) any natural gas storage water heater
described in subsection (d)(3)(E) which has an
energy factor which is at least 0.67 and less
than 0.80, and
``(ii) any natural gas tankless water
heater described in subsection (d)(3)(F) which
has an energy factor which is at least 0.82 and
less than 0.90.''.
(f) Documentation Requirement.--Subsection (e) of section 25C of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Documentation.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any amount paid or incurred for a
qualified energy efficiency improvement or for any
residential energy property expenditure unless the
taxpayer includes on the return of tax for the taxable
year the verifiable product identification number with
respect to--
``(i) in the case of a qualified energy
efficiency improvement, the component installed
in or on the taxpayer's dwelling unit, and
``(ii) in the case of a residential energy
property expenditure, the qualified energy
property.
``(B) Verifiable product identification number.--
For purposes of this paragraph, the term `verifiable
product identification number' means--
``(i) in the case of any insulation
material or system described in subsection
(c)(2)(A)--
``(I) if such material or system is
installed by a contractor, a signed and
dated statement from the contractor
describing the insulation installed,
including the thickness, coverage area,
R-value, and such other information
required by the Secretary, in
consultation with the Chairman of the
Federal Trade Commission, and
``(II) in any other case, such
information about the material or
system installed as the Secretary may
require,
``(ii) in the case of any exterior door,
exterior window, or skylight, the National
Fenestration Rating Council certified product
detail number or such other identification
number determined by the Secretary,
``(iii) in the case of any roof described
in subsection (c)(2)(C), the Cool Roof Rating
Council rated roofing product identification
number or such other identification number
determined by the Secretary, and
``(iv) in the case of any qualified energy
property, the Air-Conditioning Heating and
Refrigeration Institute certified reference
number or such other identification number used
for heating, air conditioning, ventilation, or
water heating equipment as determined by the
Secretary.''.
(g) Effective Dates.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2013.
(2) Permanent extension.--The amendment made by subsection
(a) shall apply to property placed in service after December
31, 2011. | Home Energy Savings Act of 2012 - Amends the Internal Revenue Code, with respect to the tax credit for nonbusiness energy property expenditures, to: (1) make such tax credit permanent; (2) increase from $500 to $1,000 the dollar limitation on such credit; (3) allow the inclusion of labor costs in amounts eligible for such credit; (4) revise definitions and requirements relating to roofing products and for natural gas, propane, oil furnaces, or hot water boilers and heaters; and (5) set forth documentation requirements for claiming such credit. | To amend the Internal Revenue Code of 1986 to modify and extend the credit for nonbusiness energy property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captioning and Image Narration to
Enhance Movie Accessibility Act'' or the ``CINEMA Act''.
SEC. 2. MOVIE THEATER ACCESSIBILITY.
Section 302(b) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12182(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Movie theater accessibility.--
``(A) Definitions.--In this paragraph:
``(i) Closed captioning.--The term `closed
captioning' means a method, process, or
mechanism, which may include a device, that--
``(I) allows an individual who is
deaf or hard of hearing to have access
to the content of a motion picture; and
``(II) allows that access by
displaying, through an individual
device or individually used technology,
all of the audio portion of the motion
picture (including displaying the
dialogue and any narration, as well as
descriptions of on- and off-screen
sounds such as sound effects, music, or
lyrics for music, and information
identifying the character who is
speaking) as text that can be
effectively viewed and controlled by
that individual while the individual
simultaneously watches the motion
picture.
``(ii) Covered entity.--The term `covered
entity' means an entity--
``(I) that operates a complex of 2
or more movie theaters, screening
rooms, or similar venues, at a single
location, that are used for the
exhibition of copyrighted motion
pictures, if such exhibition is open to
the public; and
``(II) whose operations affect
commerce.
``(iii) Open captioning.--The term `open
captioning' means a method, process, or
mechanism that--
``(I) allows an individual who is
deaf or hard of hearing to have access
to the content of a motion picture; and
``(II) allows that access by openly
displaying on the movie screen involved
all of the audio portion of the motion
picture (including displaying the
dialogue and any narration, as well as
descriptions of on- and off-screen
sounds such as sound effects, music, or
lyrics for music, and information
identifying the character who is
speaking) as text that can be
effectively viewed by that individual
and other members of the audience while
the individual and members
simultaneously watch the motion
picture.
``(iv) Video description.--The term `video
description' means a method, process, or
mechanism, including a device, that--
``(I) allows an individual who is
blind or visually impaired to have
access to the key visual elements of a
motion picture (such as actions,
settings, facial expressions, costumes,
and scene changes); and
``(II) allows that access through
the provision of contemporaneous audio
narrated descriptions of those elements
during the natural pauses in the audio
portion of the motion picture, or
during the audio portion if necessary.
``(B) Accessibility.--It shall be discriminatory
for any person who owns, leases (or leases to), or
operates a covered entity to fail to ensure that all
motion pictures shown at the complex involved are
accessible to individuals with disabilities,
including--
``(i) providing, or making available, open
captioning for individuals with disabilities,
including individuals who are deaf or hard of
hearing;
``(ii) providing, or making available,
closed captioning for individuals with
disabilities, including individuals who are
deaf or hard of hearing; and
``(iii) providing, or making available,
video description for individuals with
disabilities, including individuals who are
blind or visually impaired.
``(C) Rule of construction.--Nothing in this Act
shall be construed to limit or prohibit an individual
with a disability from utilizing technology in
connection with a personal device in a manner that may
provide the individual with access to closed
captioning, open captioning, or video description that
is equivalent to or greater than the corresponding
access required under subparagraph (B).''.
SEC. 3. CONFORMING AMENDMENT.
Section 308(a)(2) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12188(a)(2)) is amended by striking ``and section 303(a)''
and inserting ``, 302(b)(3), and 303(a)''.
SEC. 4. EFFECTIVE DATE.
This Act takes effect 1 year after the date of enactment of this
Act. | Captioning and Image Narration to Enhance Movie Accessibility Act or the CINEMA Act - Amends the Americans with Disabilities Act of 1990 to declare it a discriminatory practice for any person who owns, leases (or leases to), or operates certain movie complexes to fail to ensure that the motion pictures are accessible to individuals with disabilities, including by making open captioning (openly displaying text on the movie screen), closed captioning (displaying text through an individual device), and video description (narrated descriptions) available for individuals who are blind, visually impaired, deaf, hard of hearing, or have other disabilities. Applies this Act to entities operating a complex of at least two movie theaters, screening rooms, or similar venues, at a single location, that are used for the exhibition of copyrighted motion pictures, if such exhibition is open to the public. | CINEMA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Educational Advisor and Contractor
Integrity Act''.
SEC. 2. PREVENTING CONFLICTS OF INTEREST.
Subpart 2 of part E of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is amended by adding at
the end the following:
``SEC. 9537. PREVENTING CONFLICTS OF INTEREST.
``(a) Service on Advisory Committees.--
``(1) Screening process for advisory committee
candidates.--
``(A) In general.--The Secretary shall establish a
screening process to address conflicts of interest on
the part of an individual who is being considered for
service on an advisory committee established or used by
the Secretary in the administration of this Act or any
part of this Act.
``(B) Factors.--In addition to the disclosure
requirements of the Ethics in Government Act of 1978 (5
U.S.C. App. 38), the screening process shall consider
whether an individual has--
``(i) a past (withing the preceding 3
years) or present professional affiliation with
an organization that promotes a pedagogical
approach that is linked to specific products or
services;
``(ii) a past (within the preceding 3
years) or present involvement with a State
educational agency or a local educational
agency that may receive funds under this Act;
or
``(iii) a past (within the preceding 3
years) or present direct or an indirect
financial interest in a product or service that
may, in fact or appearance, compromise the
integrity of the advice or recommendations of
the individual.
``(C) Waivers.--
``(i) In general.--Where an individual
being considered for service on an advisory
committee described in paragraph (1) has a
conflict of interest, the Secretary may, in
consultation with the Office of General
Counsel, grant an exemption pursuant to section
208(b)(3) of title 18, United States Code, if,
considering the additional requirements of this
subsection--
``(I) the Secretary can demonstrate
that the conflict does not compromise
the integrity, in fact or in
appearance, of the efforts of the
advisory committee;
``(II) the conflict can be
sufficiently mitigated; and
``(III) the Secretary can
demonstrate that reasonable efforts
were made to identify alternate
individuals not having a conflict.
``(ii) Reporting.--The Secretary shall
provide to the Congress an annual report
containing information on any exemption granted
under clause (i) to an advisory committee
member, which shall include--
``(I) the identity of each exempted
individual;
``(II) a detailed description of
the conflict of interest;
``(III) a detailed description of
the efforts made to identify alternate
individuals; and
``(IV) a detailed description of
the conflict mitigation efforts.
``(2) Advisory committee members.--
``(A) Policies and procedures.--The Secretary shall
work with the Office of Government Ethics pursuant to
the Ethics in Government Act of 1978 (5 U.S.C. App. 38)
to develop policies and procedures to address conflicts
of interest on the part of an individual who is serving
on an advisory committee described in paragraph (1),
including, at a minimum, the adoption of an alternative
confidential financial disclosure form for such
individual.
``(B) Special government employees.--An individual
who is serving on an advisory committee described in
paragraph (1) shall be considered a special Government
employee, as defined in section 202(a) of title 18,
United States Code, for purposes of chapter 11 of part
I of such title.
``(3) Secretariat.--Prior to the convening of any group of
individuals who will serve in a capacity to render advice or
recommendations to the Secretary, the Secretary shall consult
with the Committee Management Secretariat within the General
Services Administration to obtain advice as to the
applicability of Federal Advisory Committee Act (5 U.S.C. App.
1).
``(4) Definition.--For purposes of this subsection, the
term `advisory committee' has the meaning given such term in
section 3(2) of the Federal Advisory Committee Act (5 U.S.C.
App. 1).
``(b) Technical Assistance.--
``(1) Screening process for technical assistance provider
candidates.--
``(A) In general.--The Secretary shall establish a
screening process to address conflicts of interest on
the part of individuals who, and entities that, are
being considered for service as a technical assistance
provider in the administration of this Act or any part
of this Act.
``(B) Elements.--The screening process shall
consider, among other factors, whether an individual or
entity has--
``(i) a past (withing the preceding 3
years) or present professional affiliation with
an organization that promotes a pedagogical
approach that is linked to specific products or
services;
``(ii) a past (within the preceding 3
years) or present involvement with a State
educational agency or a local educational
agency that may receive funds under this Act;
or
``(iii) a past (within the preceding 3
years) or present direct or an indirect
financial interest in a product or service that
may, in fact or in appearance, compromise the
integrity of the technical assistance being
provided.
``(2) Requirements for contracting.--
``(A) Prior to award.--The Secretary shall require
that, prior to awarding a technical assistance
contract, potential technical assistance providers--
``(i) provide documentary evidence that the
technical assistance provider will adopt and
effectively implement policies and procedures
to address conflicts of interest; and
``(ii) disclose any conflicts of interest.
``(B) Contract terms.--All technical assistance
contracts shall require the technical assistance
provider--
``(i) to implement fully the conflicts of
interest policies and procedures provided to
the Secretary prior to awarding of the
contract;
``(ii) to ensure that any subcontracted
individuals or entities, at any tier, adopt and
implement the same policies and procedures as
the primary technical assistance provider; and
``(iii) to report to the Secretary any
previously unidentified conflicts and the
measures taken to avoid or mitigate such
conflicts not later than 10 days after becoming
aware of such a conflict.
``(3) Monitoring.--The Secretary shall develop and
implement a process to continually monitor whether technical
assistance providers are appropriately implementing their
conflict of interest policies and procedures.
``(4) Definition.--For the purposes of this subsection, the
term `technical assistance provider' means any entity or
individual providing technical assistance in the administration
of this Act, or any part of this Act, directly or indirectly,
to the Secretary, or on behalf of the Secretary, including--
``(A) a contractor; and
``(B) a contractor's subsidiaries, subcontractors,
employees, and other agents and affiliates.
``(c) Deadline.--The Secretary shall carry out the duties described
in this section not later than 180 days after the date of the enactment
of this section.''. | Educational Advisor and Contractor Integrity Act - Amends the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to establish a screening process to address conflicts of interest on the part of individuals being considered for service on advisory committees used in the Act's administration.
Authorizes the Secretary to grant an exemption to individuals that have a conflict of interest if: (1) the conflict does not compromise the integrity, in fact or appearance, of the committee's efforts; (2) the conflict can be sufficiently mitigated; and (3) reasonable efforts were made to identify alternate conflict-free individuals.
Considers such advisory committee members to be special government employees for purposes of the federal criminal code.
Directs the Secretary to: (1) work with the Office of Government Ethics to develop policies and procedures to address conflicts of interest on the part of advisory committee members, including the adoption of an alternative confidential financial disclosure form for such members; and (2) seek advice, before convening an advisory group, from the Committee Management Secretariat within the General Services Administration (GSA) as to the applicability of the Federal Advisory Committee Act.
Requires the Secretary to screen potential providers of technical assistance under the Act for conflicts of interest and implement a process for continually monitoring whether technical assistance providers are appropriately implementing required conflicts of interest policies and procedures. | To amend the Elementary and Secondary Education Act of 1965 to require the Secretary of Education to address conflicts of interest associated with use of advisory committees and technical assistance providers in the administration of such Act. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Innovation Modernization by
Laboratory Empowerment Act'' or the ``NIMBLE Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Energy.
(2) National laboratory.--The term ``National Laboratory''
means a Department of Energy nonmilitary national laboratory,
including--
(A) Ames Laboratory;
(B) Argonne National Laboratory;
(C) Brookhaven National Laboratory;
(D) Fermi National Accelerator Laboratory;
(E) Idaho National Laboratory;
(F) Lawrence Berkeley National Laboratory;
(G) National Energy Technology Laboratory;
(H) National Renewable Energy Laboratory;
(I) Oak Ridge National Laboratory;
(J) Pacific Northwest National Laboratory;
(K) Princeton Plasma Physics Laboratory;
(L) Savannah River National Laboratory;
(M) Stanford Linear Accelerator Center;
(N) Thomas Jefferson National Accelerator Facility;
and
(O) any laboratory operated by the National Nuclear
Security Administration, but only with respect to the
civilian energy activities thereof.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION.
(a) In General.--Subject to subsections (b) and (c), the Secretary
shall delegate to directors of the National Laboratories signature
authority with respect to any agreement described in subsection (b) the
total cost of which (including the National Laboratory contributions
and project recipient cost share) is less than $1 million, if such an
agreement falls within the scope of--
(1) a strategic plan for the National Laboratory that has
been approved by the Department; or
(2) the most recent congressionally approved budget for
Department activities to be carried out by the National
Laboratory.
(b) Agreements.--Subsection (a) applies to--
(1) a cooperative research and development agreement;
(2) a non-Federal work-for-others agreement; and
(3) any other agreement determined to be appropriate by the
Secretary, in collaboration with the directors of the National
Laboratories.
(c) Administration.--
(1) Accountability.--The director of the affected National
Laboratory and the affected contractor shall carry out an
agreement under this section in accordance with applicable
policies of the Department, including by ensuring that the
agreement does not compromise any national security, economic,
or environmental interest of the United States.
(2) Certification.--The director of the affected National
Laboratory and the affected contractor shall certify that each
activity carried out under a project for which an agreement is
entered into under this section does not present, or minimizes,
any apparent conflict of interest, and avoids or neutralizes
any actual conflict of interest, as a result of the agreement
under this section.
(3) Availability of records.--Within 30 days of entering an
agreement under this section, the director of a National
Laboratory shall submit to the Secretary for monitoring and
review all records of the National Laboratory relating to the
agreement.
(4) Rates.--The director of a National Laboratory may
charge higher rates for services performed under a partnership
agreement entered into pursuant to this section, regardless of
the full cost of recovery, if such funds are used exclusively
to support further research and development activities at the
respective National Laboratory.
(d) Exception.--This section does not apply to any agreement with a
majority foreign-owned company.
(e) Conforming Amendment.--Section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
the subparagraphs appropriately;
(B) by striking ``Each Federal agency'' and
inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each Federal agency''; and
(C) by adding at the end the following:
``(2) Exception.--Notwithstanding paragraph (1), in
accordance with section 3(a) of the NIMBLE Act, approval by the
Secretary of Energy shall not be required for any technology
transfer agreement proposed to be entered into by a National
Laboratory of the Department of Energy, the total cost of which
(including the National Laboratory contributions and project
recipient cost share) is less than $1 million.''; and
(2) in subsection (b), by striking ``subsection (a)(1)''
each place it appears and inserting ``subsection (a)(1)(A)''.
SEC. 4. SAVINGS CLAUSE.
Nothing in this Act or an amendment made by this Act abrogates or
otherwise affects the primary responsibilities of any National
Laboratory to the Department.
Passed the House of Representatives June 27, 2018.
Attest:
KAREN L. HAAS,
Clerk. | National Innovation Modernization by Laboratory Empowerment Act or the NIMBLE Act This bill directs the Department of Energy (DOE) to delegate signature authority to the nonmilitary national laboratories for certain agreements. Activity under such an agreement must have a total cost of less than $1 million (including the contributions of the national laboratory and the cost share of the contractor). Agreements must fall within the scope of: a strategic plan for the laboratory that has been approved by DOE, or the most recent congressionally approved budget for DOE activities that are to be carried out by the laboratory. | National Innovation Modernization by Laboratory Empowerment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran's Revolutionary Guard Corps
Sanctions Implementation and Review Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Iran's Revolutionary Guard Corps (IRGC) has helped to
train and equip proxy groups and Iraqi Shiite insurgents, and
elements of the Taliban, which have targeted and killed United
States and other allied forces in Iraq and Afghanistan.
(2) The IRGC has provided Hezbollah, Hamas, and the
Palestinian Islamic Jihad with funding, training, and other
material support to conduct their terrorist activities and
missile attacks against Israel, in an effort to cause civilian
casualties and disrupt efforts for peace between Israel and its
neighbors, and to destabilize Lebanon.
(3) Iran has repeatedly been identified as the most active
state sponsor of terrorism by the Department of State, and the
IRGC, often operating through its Qods Force, is the principal
instrument for Iranian support for terror.
(4) The Government of Iran continues to engage in serious,
systematic, and ongoing violations of human rights, including
suppression of freedom of expression and religious freedom,
illegitimate detention, torture, and executions, without
affording anything resembling adequate due process.
(5) The IRGC plays a significant role in many of Iran's
human rights abuses.
(6) The IRGC currently dominates many sectors of the
Iranian economy, with a significant presence in Iran's
financial and commercial sectors and extensive economic
interests in the defense production, construction, and oil
industries, controlling billions of dollars in corporate
business.
(7) The IRGC operates through affiliated firms, front
companies, and foundations in order to serve its economic
interests and exert control over large segments of Iran's
economy.
(8) Many of the IRGC's personnel have been enriched through
control of these affiliated businesses and foundations, and
through corruption in the operation of the businesses and their
dealings with the Government of Iran.
(9) The IRGC has assisted the regime of Syrian President
Bashar al Assad by training, equipping, and aiding the regime's
security and military forces, through military advice,
provision of weapons, and funding.
(10) The United States Government designated the IRGC in
2007 under Executive Order 13382 for proliferation concerns
and, separately, the Qods Force under Executive Order 13224,
for its support for terrorist organizations.
(11) Section 104 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010 provided for
secondary sanctions against any financial institution that
handles a significant transaction for designated Iranian
entities, including the IRGC, its Qods Force, and other related
entities.
(12) Title III of the Iran Threat Reduction and Syrian
Human Rights Act of 2012 provided for additional secondary
sanctions against firms that conduct business of any kind with
the IRGC or related entities, and provided for the designation
of additional Iranians' entities related to the IRGC.
(13) The Joint Comprehensive Plan of Action concerning
Iran's nuclear program does not require the United States to
lift or waive the sanctions against the IRGC or related
entities.
(14) On September 15, 2015, then Acting Undersecretary of
the Treasury for Terrorism and Financial Intelligence, Adam
Szubin, stated that ``we are not providing any sanctions relief
to the IRGC, or to its Qods Force, or any of its officials or
subsidiaries'' and ``we will continue our campaign against the
IRGC and the Qods Force''.
(15) Strengthening sanctions against the IRGC, ensuring
that the United States Government identify and designate more
of the affiliated entities through which the IRGC operates, and
providing for additional secondary sanctions on firms that
assist the IRGC, will help deprive the IRGC of resources needed
to carry out its nefarious activities.
SEC. 3. MODIFICATION OF IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS
THAT SUPPORT OR CONDUCT CERTAIN TRANSACTIONS WITH IRAN'S
REVOLUTIONARY GUARD CORPS OR OTHER SANCTIONED PERSONS.
(a) Modification of Imposition of Sanctions.--Subsection (b) of
section 302 of the Iran Threat Reduction and Syrian Human Rights Act of
2012 (22 U.S.C. 8742) is amended by striking ``the President--'' and
all that follows and inserting ``the President shall block and prohibit
all transactions in property and interests in property with respect to
such foreign person if such property and interests in property are in
the United States, come within the United States, or are or come within
the possession or control of a United States person.''.
(b) Special Licensing Authority.--Such section, as so amended, is
further amended by striking subsection (f) and inserting the following:
``(f) Special Licensing Authority.--
``(1) In general.--The President is authorized to issue
licenses to United States persons to engage in transactions in
property and interests in property with respect to a foreign
person that is subject to imposition of sanctions under
subsection (b) notwithstanding the imposition of such sanctions
with respect to the foreign person.
``(2) Regulations.--Not later than 90 days after the date
of the enactment of this subsection, the President shall issue
regulations to implement this subsection.''.
SEC. 4. REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall submit to the President and the appropriate
congressional committees a report--
(1) identifying foreign persons not currently subject to
sanctions under subsection (b) of section 302 of the Iran
Threat Reduction and Syrian Human Rights Act of 2012 (22 U.S.C.
8742) (as amended by section 3 of this Act), for knowingly
engaging in an activity described in subsection (a)(1) of such
section that, within the preceding three years, have been
reported to have conducted transactions or have provided
material support to Iran's Revolutionary Guard Corps or any
blocked entity that has been designated as a front, agent, or
affiliate of Iran's Revolutionary Guard Corps, or otherwise is
designated on the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets
Control of the Department of the Treasury with the identifier
``IRGC''; and
(2) identifying foreign persons not currently on the list
of specially designated nationals and blocked persons
maintained by the Office of Foreign Assets Control of the
Department of the Treasury that, within the preceding three
years, are reported to be under the ownership and control of
Iran's Revolutionary Guard Corps, or are reported to be a
front, agent, or affiliate of Iran's Revolutionary Guard Corps,
including foreign persons whose officers, officials, or those
directing activity of the persons are reportedly officers,
officials, or other persons acting on behalf of Iran's
Revolutionary Guard Corps or its designated fronts, agents, or
affiliates.
(b) Sources for Report.--The Comptroller General of the United
States shall utilize any credible publication, database, web-based
resource and any credible information compiled by any government
agency, non-governmental organization, or other entity provided to or
made available to the Comptroller General, including information from
foreign persons identified in the report.
SEC. 5. REVIEW, SANCTIONS, AND REPORT BY PRESIDENT.
(a) Review.--Not later than 180 days after the date on which the
report is submitted to the President and the appropriate congressional
committees under section 4, the President shall conduct and complete a
review of the foreign persons identified in the report to determine,
using all sources available, whether there is sufficient evidence to
impose sanctions against any of the foreign persons.
(b) Sanctions.--Unless the President determines under subsection
(a) that there is insufficient evidence to impose sanctions against a
foreign person identified in the report submitted to the President and
the appropriate congressional committees under section 4, the President
shall include the foreign person on the list of specially designated
nationals and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury, impose sanctions
against the foreign persons under subsection (b) of section 302 of the
Iran Threat Reduction and Syrian Human Rights Act of 2012 (22 U.S.C.
8742) (as amended by section 3 of this Act), or impose sanctions
against the foreign person under any other provision of law, as
applicable.
(c) Report.--The President shall submit to the appropriate
congressional committees a report that contains the results of the
review under subsection (a) and the imposition of sanctions under
subsection (b) (if any). The report should be submitted in unclassified
form, but may contain a classified annex.
SEC. 6. SECURITIES AND EXCHANGE FILING REQUIREMENTS.
(a) In General.--Section 13(r)(1)(D) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m(r)(1)(D)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) any foreign person identified in the
most recent report of the Comptroller General
of the United States submitted under section 4
of the Iran's Revolutionary Guard Corps
Sanctions Implementation and Review Act prior
to the commencement of the transaction or
dealing.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to reports required to be filed with the
Securities and Exchange Commission after the date that is 180 days
after the date of the enactment of this Act.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs of the House of
Representatives; and
(2) the Committee on Foreign Relations of the Senate. | Iran's Revolutionary Guard Corps Sanctions Implementation and Review Act This bill amends the Iran Threat Reduction and Syrian Human Rights Act of 2012 to require the President to block and prohibit all transactions in property and property interests of a foreign person that knowingly supports or conducts certain transactions with Iran's Revolutionary Guard Corps (IRGC) or other sanctioned persons if that property and those property interests are in the United States, come within the United States, or are or come within the possession or control of a U.S. person. The President may issue licenses to U.S. persons to engage in such property transactions with an otherwise blocked foreign person. The Government Accountability Office (GAO) shall report annually to the President and Congress on all foreign persons not currently subject to such sanctions that, within the preceding three years, have been reported to have conducted transactions or have provided material support to the IRGC or any of its agents or affiliates. The President shall: review an identified foreign person to determine whether there is sufficient evidence to impose sanctions; and if so, include that person on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury and impose sanctions. The Securities Exchange Act of 1934 is amended to require securities issuers to report to the Securities and Exchange Commission any financial transactions with a foreign person identified in the most recent GAO report before the commencement of the transaction or dealing. | Iran's Revolutionary Guard Corps Sanctions Implementation and Review Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``True Cost of Coal Act of 2012''.
SEC. 2. COAL MITIGATION TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9512. COAL MITIGATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Coal Mitigation
Trust Fund', consisting of such amounts as may be appropriated or
credited to such fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Coal Mitigation Trust Fund amounts equivalent to the taxes received
in the Treasury under section 4122 (relating to excise tax on coal
extraction).
``(c) Expenditures.--
``(1) In general.--Except as otherwise provided in this
subsection, amounts in the Coal Mitigation Trust Fund shall be
available, as provided by appropriation Acts, to eligible
States for mitigation of the following in connection with the
transportation of coal by rail: noise, vibration, traffic
delays, pollution and other threats to public health, and
emergencies. Such amounts shall also be so available for
related worker adjustment assistance. Any amounts made
available to an eligible State under this paragraph shall
remain available until expended for a purpose described in this
paragraph.
``(2) Allocation among states.--Any amounts made available
under paragraph (1) shall be made available to the eligible
States in an amount which bears the same ratio to the
population of such State as the aggregate amount made available
bears to the aggregate populations of all the eligible States.
``(3) Eligible states.--For purposes of this subsection,
the term `eligible State' means any State in which not less
than 2,500,000 tons of coal per year is transported by rail.
``(4) Amounts made available not to offset required
expenditures.--Amounts made available under paragraph (1) shall
not be used directly or indirectly for any expense which any
producer or transporter of coal is legally required to
provide.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 98 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 9512. Coal Mitigation Trust Fund.''.
SEC. 3. EXCISE TAX ON COAL EXTRACTION.
(a) In General.--Subchapter B of chapter 32 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 4122. EXCISE TAX ON COAL EXTRACTION.
``(a) In General.--There is hereby imposed on the extraction of
coal in the United States a tax equal to $10 per ton.
``(b) Cross Reference.--For definitions of `United States' and
`ton', see section 4121(c).''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 32 of such Code is amended by adding at the end the following
new item:
``Sec. 4122. Excise tax on coal extraction.''.
(c) Effective Date.--The amendments made by this section shall
apply to coal extracted after the date of the enactment of this Act.
SEC. 4. EXTENSION OF RECOVERY PERIOD FOR SPECIFIED COAL PORT PROPERTY.
(a) 50-Year Recovery Period for Specified Coal Ports.--
(1) In general.--The table contained in section 168(c) of
the Internal Revenue Code of 1986 is amended by striking the
last row and inserting the following:
----------------------------------------------------------------------------------------------------------------
``Any railroad grading, tunnel bore, or specified coal port 50 years''.
property..................................................
----------------------------------------------------------------------------------------------------------------
(2) Alternative depreciation system.--The table contained
in section 168(g)(2)(C) of such Code is amended by striking
``or water utility property'' and inserting ``, water utility
property, or specified coal port property''.
(b) Specified Coal Port Property.--Subsection (e) of section 168 of
such Code is amended by adding at the end the following new paragraph:
``(9) Specified coal port property.--The term `specified
coal port property' means any property which is part of a port
(including any wharfs, stockyards, or conveyers) if--
``(A) it is reasonably anticipated at the time that
such property is placed in service that such port will
be used for the export of coal, and
``(B) such port (after such property and any
related property is placed in service) would have the
capacity to export more than 1,000,000 tons of coal
annually.''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 5. COVERING COAL CARS.
(a) Amendment.--Subchapter II of chapter 201 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 20168. Covering coal cars.
``The Secretary of Transportation shall issue regulations to
require all rail cars transporting coal to be covered or to incorporate
a suitable alternative technology that ensures that coal and coal dust
do not escape the rail car or are treated to significantly reduce or
eliminate the release of coal dust or other particulate matter during
transportation.''.
(b) Table of Sections.--The table of sections for subchapter II of
chapter 201 of title 49, United States Code, is amended by adding at
the end the following:
``20168. Covering coal cars.''. | True Cost of Coal Act of 2012 - Amends the Internal Revenue Code to: (1) impose a $10 per ton excise tax on the extraction of coal; (2) establish in the Treasury the Coal Mitigation Trust Fund to hold revenues from such tax; and (3) extend to 50 years the recovery period, for depreciation purposes, for specified coal port property used for the export of coal.
Allows expenditures from the Coal Mitigation Trust Fund to assist states in mitigating noise, vibration, traffic delays, pollution and other threats to public health, and emergencies in connection with the transportation of coal by rail, and to provide worker adjustment assistance.
Directs the Secretary of Transportation (DOT) to issue regulations to require all rail cars transporting coal to be covered or to incorporate a suitable alternative technology to ensure that coal and coal dust do not escape during transportation. | To amend the Internal Revenue Code of 1986 to establish the Coal Mitigation Trust Fund funded by the imposition of a tax on the extraction of coal, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refugee Program Integrity
Restoration Act of 2016''.
SEC. 2. ANNUAL ADJUSTMENT OF THE NUMBER OF ADMISSIBLE REFUGEES.
(a) In General.--Section 207(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1157(a)(2)) is amended by striking all that
follows after ``shall be'' and inserting the following: ``60,000. The
President may, after appropriate consultation, submit a recommendation
to Congress for the revision of such number not later than 6 months
prior to the beginning of such fiscal year, setting forth the
justification for such revision due to humanitarian concerns or that
such revision is otherwise in the national interest.''.
(b) In Cases of Emergencies.--Section 207(b) of the Immigration and
Nationality Act (8 U.S.C. 1157(b)) is amended--
(1) by striking ``the President may fix a number of
refugees'' and inserting the following: ``the President may
submit to Congress a recommended number of refugees''; and
(2) by striking all that follows after ``to the emergency
refugee situation'' and inserting a period.
SEC. 3. TERMINATION OF REFUGEE STATUS.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), as amended by this Act, is further amended--
(1) in paragraph (4)--
(A) by striking ``may'' each place it appears and
inserting ``shall'';
(B) by inserting after ``determines'' the
following: ``--'';
(C) by striking ``that the alien was not'' and
inserting the following:
``(A) that the alien was not'';
(D) by striking the period at the end and inserting
``; or''; and
(E) by adding at the end the following:
``(B) that the alien, who applied for such status
because of persecution or a well-founded fear of
persecution in the country from which they sought
refuge on account of race, religion, nationality,
membership in a particular social group, or political
opinion, returned to such country absent changed
conditions therein.''; and
(2) by inserting after paragraph (4) the following:
``(5) Each fiscal year, the Secretary shall submit to the
Committee on the Judiciary of the House of Representatives and
the Committee on the Judiciary of the Senate a report that
includes the number of terminations of status under paragraph
(4), disaggregated by whether the termination occurred pursuant
to subparagraph (A) or (B) of such paragraph.''.
SEC. 4. PRIORITY CONSIDERATION FOR CERTAIN APPLICANTS FOR REFUGEE
STATUS.
Section 207(c) of the Immigration and Nationality Act (8 U.S.C.
1157(c)), as amended by this Act, is further is amended--
(1) by adding at the end the following:
``(6) When processing refugee applications from individuals
seeking refuge from a country listed as a `Country of
Particular Concern' in the annual report of the Commission on
International Religious Freedom under section 203 of the
International Religious Freedom Act of 1998 for the year prior
to the current year, the Secretary of Homeland Security shall
grant priority consideration to such applicants whose claims
are based on persecution or a well-founded fear of persecution
based on religion by reason of those applicants being
practitioners of a minority religion in the country from which
they sought refuge.''; and
(2) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''.
SEC. 5. LIMITATION OF WAIVER AUTHORITY ON ADMISSION OF REFUGEES.
Section 207(c)(3) of the Immigration and Nationality Act (8 U.S.C.
1157(c)(3)) is amended by striking ``any other provision of such
section (other than paragraph (2)(C) or subparagraph (A), (B), (C), or
(E) of paragraph (3))'' and inserting ``paragraph (1) of section
212(a)''.
SEC. 6. RECURRENT SECURITY MONITORING.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended by adding at the end the following:
``(g) The Secretary may conduct recurrent background security
checks of an admitted refugee until such date as the refugee adjusts
status under section 209.''.
SEC. 7. ADJUSTMENT OF STATUS OF REFUGEES.
Section 209(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1159(a)(1)) is amended--
(1) in subparagraph (B), by striking ``for at least one
year'' and inserting ``for 3 years''; and
(2) by striking ``shall, at the end of such year period''
and inserting ``shall, at the end of such period''.
SEC. 8. LIMITATION OF WAIVER AUTHORITY ON ADJUSTMENT OF STATUS OF
REFUGEES.
(a) Grounds for Inadmissibility.--Section 209(c) of the Immigration
and Nationality Act (8 U.S.C. 1159(c)) is amended by striking ``any
other provision of such section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) of paragraph (3))'' and inserting
``paragraph (1) of section 212(a)''.
(b) Grounds of Deportability; In-Person Interview Required;
Required Reexamination for Admission.--Section 209 of the Immigration
and Nationality Act (8 U.S.C. 1159) is amended by adding at the end the
following:
``(d) Coordination With Section 237.--An alien may not adjust
status under this section if the alien is deportable under section 237,
except that section 237(a)(5) shall not apply for purposes of this
subsection.
``(e) In-Person Interview Requirements.--An alien may not adjust
status under this section unless, at the time of application for
adjustment, the alien establishes by clear and convincing evidence
during an in-person interview with the Secretary of Homeland Security
that the alien continues to meet the requirements of section
101(a)(42).
``(f) Required Reexamination for Admission.--An alien who is
admitted as a refugee who is denied admission under subsection (a)(1)
shall, beginning on the date that is 5 years after such denial, and
every 5 years thereafter, if that alien retains status as a refugee,
return or be returned to the custody of the Department of Homeland
Security for inspection and examination for admission to the United
States as an immigrant in accordance with the provisions of sections
235, 240, and 241.''.
SEC. 9. LIMITATION ON RESETTLEMENT.
Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522)
is amended by adding at the end the following:
``(g) Limitation on Resettlement.--Notwithstanding any other
provision of this section, for a fiscal year, the resettlement of any
refugee may not be provided for--
``(1) in any State where the Governor of that State, or the
State legislature, has taken any action formally disapproving
of resettlement in that State; or
``(2) in any locality where the chief executive of that
locality's government, or the local legislature, has taken any
action formally disapproving of resettlement in that
locality.''.
SEC. 10. BENEFIT FRAUD ASSESSMENT.
Not later than 540 days after the date of enactment of this Act,
the Fraud Detection and National Security Directorate of U.S.
Citizenship and Immigration Services shall--
(1) complete a study on the processing of refugees by
officers and employees of the U.S. Citizenship and Immigration
Services including an identification of the most common ways in
which fraud occurs in such processing and recommendations for
the prevention of fraud in such processing; and
(2) submit a report on such study to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate.
SEC. 11. DOCUMENT FRAUD DETECTION PROGRAM.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Homeland Security shall establish a program for detecting
the use of fraudulent documents in applications for admission as a
refugee, including--
(1) placement of Fraud Detection and National Security
officials who are under the direction of the Fraud Detection
and National Security Directorate of U.S. Citizenship and
Immigration Services at initial refugee screening in
conjunction with the resettlement agency and with the authority
to hold a refugee application in abeyance until any fraud or
national security concerns are resolved; and
(2) creation of a searchable database of scanned and
categorized documents proffered by applicants at initial
refugee screening to allow for discovery of fraud trends and
random translation verification within such documents.
SEC. 12. RECORDING OF INTERVIEWS TO PROTECT REFUGEES AND PREVENT FRAUD.
(a) In General.--The Secretary of Homeland Security shall use
digital recording technology to record each interview of an alien
applying for admission as a refugee under section 207 of the
Immigration and Nationality Act by an officer or employee of the U.S.
Citizenship and Immigration Services.
(b) Auditing of Translations.--The Secretary shall randomly select
a number of interviews conducted, with the assistance of an
interpreter, during each refugee circuit ride, equal to 20 percent of
the total number of interviews conducted with the assistance of an
interpreter during such circuit ride and review each such selected
interview in order to determine whether any interpreter who
participated in the interview incorrectly interpreted any portion of
the interview (other than a de minimis error in translation). Such
reviews shall take place prior to approval or denial of any application
for admission as a refugee submitted at that location.
(c) In Cases of Mistranslations.--If the Secretary determines that
the interpreter incorrectly interpreted any portion of the interview
(other than a de minimis error in translation)--
(1) the interpreter shall be barred from subsequently
serving as an interpreter for immigration purposes; and
(2) no action shall be taken regarding the application
until the applicant has been reinterviewed.
SEC. 13. LIMITATION ON QUALIFICATION AS A REFUGEE.
Section 101(a)(42) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(42)) is amended by inserting ``For purposes of this paragraph,
a person may not be considered a refugee solely or in part because the
person is displaced due to, or is fleeing from, violence in the country
of such person's nationality or, in the case of a person having no
nationality, the country in which such person last habitually resided,
if that violence is not specifically directed at the person, or, if it
is directed specifically at the person, it is not directed at the
person on account of that person's race, religion, nationality,
membership in a particular social group, or political opinion.'' before
``The term `refugee' does not include''.
SEC. 14. SECURITY REQUIREMENTS FOR REFUGEES.
Prior to admitting to the United States as a refugee under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) an alien,
the Secretary of Homeland Security shall ensure that the alien does not
pose a threat to the national security of the United States based on a
background check that the Secretary conducts, which includes a review
of the alien's open source interactions on and posting of material to
the Internet (including social media services).
SEC. 15. GAO REPORT ON U.S. REFUGEE ADMISSIONS PROGRAM.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States shall conduct a review and
report to Congress on the following:
(1) The security of the U.S. Refugee Admissions Program,
including an examination of--
(A) how the U.S. Government conducts security
screening and background checks, including the agencies
or U.S. Government partners involved and the systems
and databases used;
(B) how the U.S. Government determines whether
applicants are eligible for refugee resettlement and
admissible to the United States; and
(C) the number of individuals who were admitted
into the United States as refugees and subsequently
convicted as a result of a terrorism-related
investigation by the U.S. Government since fiscal year
2006.
(2) Federally funded benefit programs for which aliens
admitted into the United States under section 207 of the
Immigration and Nationality Act (8 U.S.C. 1157) are eligible,
as well as what is known about their participation in these
programs. | Refugee Program Integrity Restoration Act of 2016 This bill amends the Immigration and Nationality Act to: (1) establish the number of annual refugee admissions at 60,000, (2) authorize the President to submit an adjustment recommendation to Congress for approval based upon humanitarian or national interest concerns, and (3) provide that the President must submit emergency refugee admission recommendations to Congress for approval. The President shall (currently, may) terminate the refugee status of a person not entitled to such status. Refugee status is terminated for an individual who applied for such status because of persecution or a well-founded fear of persecution in the country from which he or she sought refuge on account of race, religion, nationality, membership in a particular social group, or political opinion, but who has returned to such country absent changed conditions. The Department of Homeland Security (DHS) shall, when processing refugee applications from individuals seeking refuge from a "country of particular concern," grant priority to minority religion applicants whose claims are based on persecution because of their religion. DHS may conduct recurrent background security checks of an admitted refugee until the refugee adjusts to permanent resident status. Waiver authorities are limited with respect to refugee inadmissibility and permanent resident status adjustment. With respect to refugee status adjustment to permanent resident: (1) required U.S. residency is increased to three years; (2) an in-person DHS interview is required; (3) five-year reexaminations are required for a refugee whose status adjustment is refused; and (4) deportability grounds, with an exception for public charge grounds, shall be grounds for refusal of status adjustment. Resettlement of any refugee may not be provided for in any state or locality where the governor, chief executive, or legislature has taken action disapproving such resettlement. U.S. Citizenship and Immigration Services (USCIS) shall complete a refugee processing fraud study. DHS shall: (1) establish a program to detect the use of fraudulent documents in refugee admissions applications, which shall include placement of fraud detection officers at screening locations; and (2) use digital recording technology to record USCIS refugee interviews. A person may not be considered a refugee if such person fled from violence in his or her country of nationality (or of last habitual residence for a person with no nationality) if the violence: (1) was not specifically directed at the person; or (2) was specifically directed at the person but not because of that person's race, religion, nationality, membership in a particular social group, or political opinion. Prior to U.S. refugee admission, DHS shall ensure that an alien is not a threat to U.S. national security based on a background check that includes a review of the alien's open source Internet interactions, including social media services. | Refugee Program Integrity Restoration Act of 2016 |
SECTION 1. EXTENSION AND MODIFICATION OF ELECTION TO EXPENSE CERTAIN
REFINERIES.
(a) In General.--
(1) Definition of qualified refinery.--Subsection (d) of
section 179C of the Internal Revenue Code of 1986 (relating to
qualified refinery) is amended to read as follows:
``(d) Qualified Refinery.--For purposes of this section, the term
`qualified refinery' means any refinery located in the United States
which is designed to serve the primary purpose of--
``(1) processing liquid fuel--
``(A) from crude oil or qualified fuels (as defined
in section 45K(c)), or
``(B) directly from shale or tar sands, or
``(2) processing non-virgin lube oil from used, refined
products (including used lube oil originally derived from crude
oil or qualified fuels).''.
(2) Definition of qualified refinery property.--Subsection
(c) of section 179C of such Code is amended by adding at the
end the following new paragraph:
``(4) Special rule for qualified refineries producing re-
refined lubricating oil.--In the case of a refinery described
in subsection (d)(2)--
``(A) paragraph (1)(B) shall be applied by
substituting `January 1, 2017' for `January 1, 2014',
and
``(B) paragraph (1)(F) shall be applied by
substituting `January 1, 2013' for `January 1, 2010'
each place it appears.''.
(b) Conforming Amendments.--
(1) Subsection (e) of section 179C of the Internal Revenue
Code of 1986 is amended--
(A) by inserting ``virgin'' before ``lube oil'' in
paragraph (1), and
(B) by inserting ``or other products from used
refined products'' after ``(as defined in section
45K(c))'' in paragraph (2).
(2) Subsection (f) of section 179C of such Code is amended
by inserting ``virgin'' before ``lube oil facility''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 2. CREDIT FOR PRODUCTION OF RE-REFINED LUBRICATING OIL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following:
``SEC. 45R. CREDIT FOR PRODUCTION OF RE-REFINED LUBRICATING OIL.
``(a) General Rule.--For purposes of section 38, the re-refined
lubricating oil production credit determined under this section for any
taxable year is equal to 20 cents per gallon of qualified re-refined
lubricating oil which is produced by the taxpayer during the taxable
year.
``(b) Qualified Re-Refined Lubricating Oil- For Purposes of This
Section.--
``(1) In general.--The term `qualified re-refined
lubricating oil' means a base oil which--
``(A) meets the American Society of Testing and
Materials standard for hydrocarbon lubricant base oils
(ASTM D6074), and
``(B) which is manufactured--
``(i) at a qualified facility, and
``(ii) from at least 95 percent used oil by
a re-refining process which effectively removes
physical and chemical impurities and spent and
unspent additives.
``(2) Qualified facility.--The term `qualified facility'
means a qualified refinery (as defined in section 179C(d)).
``(3) Noncompliance with pollution control laws.--For
purposes of paragraph (2), a facility that is not in material
compliance with all applicable State and Federal pollution
prevention, control, and permit requirements for any period of
time during a taxable year shall not be a qualified facility
during such period.
``(c) Adjustment for Inflation.--In the case of a taxable year
beginning in a calendar year after 2009, the 20 cents amount in
subsection (a) shall be increased by an amount equal to--
``(1) such amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2008' for `calendar year 1992' in subparagraph
(B) thereof.''.
(b) Credit Made Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``plus'' at the end of paragraph (34),
(2) by striking the period at the end of paragraph (35) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(36) the re-refined lubricating oil production credit
determined under section 45R(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45R. Credit for production of re-refined lubricating oil.''.
(d) Effective Date.--The amendments made by this section shall
apply to oil produced after the date of the enactment of this Act. | Amends the Internal Revenue Code to: (1) expand the definition of "qualified refinery" for purposes of the taxpayer election to expense the costs of refinery property to include refineries for processing non-virgin lube oil from used, refined products (including used lube oil originally derived from crude oil or qualified fuels); (2) extend through 2016 the expensing allowance with respect to such refineries; and (3) allow a business-related tax credit for the production of qualified re-refined lubricating oil. | To amend the Internal Revenue Code of 1986 to provide incentives for used oil re-refining, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs Now Act of 2011''.
SEC. 2. GRANTS TO UNITS OF GENERAL LOCAL GOVERNMENT.
Subtitle D of title I of the Workforce Investment Act of 1998 (29
U.S.C. 2911 et seq.) is amended by inserting after section 173A (29
U.S.C. 2918a) the following:
``SEC. 173B. PILOT PROGRAM.
``(a) Program Authorized.--From the amounts appropriated under
subsection (h), the Secretary shall carry out a 2-year pilot program to
award grants, on a competitive basis, to units of general local
government or community-based organizations to retain, employ, or train
employees providing a public service for a unit of general local
government.
``(b) Unit of General Local Government Defined.--For purposes of
this section, the term `unit of general local government' means any
general purpose political subdivision of a State, or the United States
Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, the freely associated states of the Republic of the
Marshall Islands, the Federated States of Micronesia, or the Republic
of Palau, that has the power to levy taxes and spend funds, as well as
general corporate and police powers.
``(c) Uses of Funds.--
``(1) Required uses.--
``(A) In general.--Subject to subparagraph (B), a
unit of general local government or community-based
organization shall use not less than 50 percent of the
grant funds received under this section to--
``(i) in the case of a unit, retain
employees of such unit who are providing a
public service for the unit and who would
otherwise be laid off as a consequence of
budget cuts; and
``(ii) in the case of an organization,
retain employees of the organization who are
providing a public service for the unit in
which the organization is located and who would
otherwise be laid off as a consequence of
budget cuts.
``(B) Exception.--In a case in which 50 percent of
a grant amount received under this section would exceed
the amount needed for a unit or organization to retain
the employees described in subparagraph (A), the unit
or organization may use only the amount needed to
retain such employees for such purpose.
``(2) Authorized uses.--After using grant funds received
under this section in accordance with paragraph (1), a unit of
general local government or community-based organization may
use any remaining grant funds provided under this section to--
``(A) in the case of a unit of general local
government--
``(i) employ individuals in new positions
providing a public service for the unit; or
``(ii) train individuals for new public
service positions for the unit; and
``(B) in the case of a community-based
organization--
``(i) employ individuals in new positions
that would provide a public service for the
unit in which the organization is located or
services in the private sector; or
``(ii) train individuals for any such
positions.
``(d) Priority for Certain Individuals.--The Secretary shall
encourage each unit of general local government and each community-
based organization receiving a grant under this section to use such
grant funds to retain, employ, or train--
``(1) veterans;
``(2) individuals with disabilities;
``(3) individuals who are receiving unemployment benefits;
or
``(4) dislocated workers.
``(e) Priority for Certain Units and Organizations.--
``(1) Units.--In awarding grants to units of general local
government under this section, the Secretary shall give
priority to units of general local government with high
unemployment, foreclosure, and poverty rates as compared to
other units of general local government applying to receive a
grant under this section.
``(2) Organizations.--In awarding grants to units of
general local government under this section, the Secretary
shall give priority to community-based organization located in
units of general local government with high unemployment,
foreclosure, and poverty rates as compared to other units of
general local government applying to receive a grant under this
section.
``(f) Application.--Each unit of general local government or
community-based organization desiring to receive 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.
``(g) Report.--Not later than 2 years after the first appropriation
of funds under subsection (h), the Secretary shall submit to Congress,
a report on--
``(1) the number and percentage of individuals hired or
trained, and the number and percentage of employees of units
retained, as a result of a grant under this section; and
``(2) best practices in carrying out a grant program to
hire, train, or retain employees of units of general local
government.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000,000 to carry out this section for fiscal years
2012 and 2013.''. | Jobs Now Act of 2011 - Amends the Workforce Investment Act of 1998 to direct the Secretary of Labor to carry out a two-year pilot program to award competitive grants to general local government units or community-based organizations to retain, employ, or train employees who provide them a public service.
Prescribes program requirements, including that: (1) each unit or organization grantee give priority to the retention, employment, and training of veterans, individuals with disabilities, individuals who receive unemployment benefits, or dislocated workers; and (2) the Secretary give priority to the award of grants to units and organizations with high unemployment, foreclosure, and poverty rates. | To amend the Workforce Investment Act of 1998 to create a pilot program to award grants to units of general local government and community-based organizations to create jobs, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV/AIDS Emergency Hurricane Relief
Act''.
SEC. 2. APPOINTMENT OF HIV/AIDS EMERGENCY RESPONSE COORDINATOR.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the President, in consultation with the
Secretary of Health and Human Service (referred to in this Act as the
``Secretary'') shall appoint an individual to serve in a position
within the Department of Health and Human Services to be known as the
HIV/AIDS Emergency Response Coordinator (referred to in this Act as the
``Coordinator'').
(b) Duties.--
(1) Coordination of services for eligible individuals.--The
Coordinator shall be responsible for coordinating the
provision, under Federal programs, of services described in
paragraph (2) to individuals who--
(A) are living with HIV disease;
(B) are residents, or were residents at the time of
Hurricane Katrina, Rita, or Wilma, in a geographic area
for which, by reason of such Hurricane, a presidential
declaration of major disaster was issued under section
401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act; and
(C) have been displaced by such Hurricane or have
been unable to access services described in paragraph
(2).
(2) Covered services.--The services referred to in
paragraph (1) are comprehensive medical care and treatment,
including housing, case management, dental care, mental health
therapy, psychosocial support, drug and alcohol treatment, and
other supportive services.
(3) Certain programs.--The Federal programs referred to in
paragraph (1) include title XXVI of the Public Health Service
Act (relating to the Ryan White Comprehensive AIDS Resources
Emergency Act of 1990) and the Housing Opportunities for
Persons With AIDS program.
(4) Additional duties.--In addition to carrying out
paragraph (1), the Coordinator shall carry out the duties
established for the Coordinator in sections 3 through 8.
(5) Consultation.--In carrying out paragraph (1), the
Coordinator shall consult with--
(A) the agencies of the Public Health Service,
including the Health Resources and Services
Administration, the Office of Minority Health, the
National Center on Minority Health and Health
Disparities, and the Office of AIDS Research;
(B) the Federal Emergency Management Agency;
(C) the Department of Housing and Urban
Development; and
(D) State and local governments.
SEC. 3. AWARDS FOR SERVICES FOR ELIGIBLE INDIVIDUALS.
(a) In General.--The Secretary, acting through the Coordinator and
in consultation with the Administrator of the Health Resources and
Services Administration and the Secretary of Housing and Urban
Development, shall make awards of grants or cooperative agreements to
public and nonprofit private entities that--
(1) have experience in providing covered services to
eligible individuals; or
(2) have received or are eligible to receive, directly or
indirectly, funding from the Federal government under title
XXVI of the Public Health Service Act or the Housing
Opportunities for Persons With AIDS program.
(b) General Provisions.--With respect to awards under subsection
(a):
(1) Such an award may be made only if the applicant
involved agrees that the award will not be expended for any
purpose other than providing covered services.
(2) The Secretary shall publicize the availability of the
awards and ensure that applications for such awards are
processed not later than 45 days after the applications for the
awards are submitted to the Secretary.
(3) In the case of an approved application, the Secretary
shall ensure that funds under the award become available
(subject to appropriations Acts) not later than 90 days after
the date on which the application is submitted to the
Secretary.
(c) Availability of Certain Unobligated Funds.--With respect to
amounts appropriated for carrying out part A or B of title XXVI of the
Public Health Service Act, such amounts that are unobligated at the end
of a fiscal year are available to the Secretary, acting through the
Administrator of the Health Resources and Services Administration and
in consultation with the Coordinator, for the purpose of making awards
under subsection (a).
SEC. 4. WAIVER AUTHORITY REGARDING RYAN WHITE COMPREHENSIVE AIDS
RESOURCES EMERGENCY ACT OF 1990.
The Secretary, acting through the Administrator of the Health
Resources and Services Administration and in consultation with the
Coordinator, may waive, for any State that includes a geographic area
described in section 2(b)(1)(B) of this Act, the following requirements
under title XXVI of the Public Health Service Act:
(1) The requirement under section 2617(d) (relating to the
provision of non-Federal contributions by States).
(2) Such other requirements under conditions for receiving
grants as the Secretary determines to be appropriate taking
into account the effects of Hurricanes Katrina, Rita, and
Wilma, including requirements regarding reporting,
administrative caps, and the submission of competitive and
noncompetitive applications.
SEC. 5. EMERGENCY INFRASTRUCTURE SUPPORT REGARDING PROVISION OF COVERED
SERVICES TO ELIGIBLE INDIVIDUALS.
The Coordinator, in consultation with the Secretary of Health and
Human Services and the Secretary of Housing and Urban Development, may
make awards of grants or cooperative agreements to public and nonprofit
private entities that provide covered services to eligible individuals.
The purpose of such awards is providing to such entities emergency
infrastructure support with respect to the provision of such services
to such individuals.
SEC. 6. PUBLIC AWARENESS CAMPAIGN REGARDING TREATMENT FOR ELIGIBLE
INDIVIDUALS.
(a) In General.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration and in consultation
with the Coordinator, the head of the Federal Emergency Management
Agency, and State and local governments, shall conduct a public
awareness campaign directed toward eligible individuals who were
receiving services under title XXVI of the Public Health Service Act
and for whom Hurricane Katrina, Rita, or Wilma caused the disruption or
termination of the availability of such services.
(b) Certain Requirements.--The campaign under subsection (a)
shall--
(1) emphasize the need for eligible individuals described
in such subsection to visit a hospital or other health care
facility to continue receiving treatment for HIV disease and
prevent the development of drug resistance to HIV; and
(2) provide information identifying organizations or
facilities that provide covered services to eligible
individuals, including organizations or facilities that receive
Federal funding for the provision of such services.
SEC. 7. CERTAIN CONDITIONS OF RECEIVING AWARDS.
In making awards of grants or cooperative agreements pursuant to
this Act, the Secretary shall not--
(1) require the provision of non-Federal contributions as a
condition of receiving the awards;
(2) construe this Act as affecting the eligibility of any
public or nonprofit private entity to apply or receive
subsequent funding under title XXVI of the Public Health
Service Act, the Housing Opportunities for Persons with AIDS
program, or any other Federal program that provides covered
services; or
(3) by reason of making an award pursuant to this Act,
reduce the amount of any award under a program specified in
paragraph (2).
SEC. 8. REPORT TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, the Coordinator shall submit to the Congress a report on the
implementation of this Act.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) The term ``covered services'' means services described
in section 2(b)(2).
(2) The term ``eligible individuals'' means individuals
described in section 2(b)(1).
(3) The term ``HIV disease'' has the meaning given such
term in section 2676 of the Public Health Service Act.
(4) The term ``Housing Opportunities for Persons With AIDS
program'' means the program under subtitle D of title VIII of
the Cranston-Gonzalez National Affordable Housing Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General .--For the purpose of carrying out this Act, there
is authorized to be appropriated $500,000,000 for fiscal year 2006.
Amounts appropriated under the preceding sentence shall remain
available until expended.
(b) Rules of Construction.--The authorization of appropriations
established in subsection (a) is in addition to other authorizations of
appropriations that are available for Federal programs that provide
covered services. Subsection (a) shall not be construed as reducing the
authorizations of appropriations for title XXVI of the Public Health
Service Act, the Housing Opportunities for Persons With AIDS program,
or any other Federal program that provides covered services. | HIV/AIDS Emergency Hurricane Relief Act - Requires the President to appoint an HIV/AIDS Emergency Response Coordinator to coordinate the provision of services under federal programs to individuals who: (1) are living with HIV; (2) are residents or were residents of a declared major disaster area at the time of Hurricane Katrina, Rita, or Wilma; and (3) have been displaced by such hurricane or have been unable to access comprehensive medical care and treatment, including housing, case management, drug and alcohol treatment, and other supportive services.
Requires the Secretary, acting through the Coordinator, to award grants or cooperative agreements to public and nonprofit private entities that: (1) have experience in providing services to eligible individuals; and (2) have received or are eligible to receive funding from the federal government through the HIV health care services program or the Housing Opportunities for Persons With AIDS program.
Allows the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to waive matching requirements and any other appropriate conditions for grants under the HIV health care services program.
Allows the Coordinator to award grants or cooperative agreements to public and nonprofit private entities that provide covered services to eligible individuals in order to provide such entities with emergency infrastructure support.
Requires the Secretary, acting through the Administrator, to conduct a public awareness campaign directed toward eligible individuals who were receiving services through the federal HIV health care services program and for whom the hurricanes caused the disruption or termination of such services. | To establish within the Department of Health and Human Services the position of HIV/AIDS Emergency Response Coordinator in order to coordinate the provision of certain services to individuals with HIV disease who have been displaced as a result of Hurricane Katrina or Rita, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information Technology Modernization
Act''.
SEC. 2. ESTABLISHMENT OF INFORMATION TECHNOLOGY MODERNIZATION FUND AND
BOARD.
(a) Information Technology Modernization Fund.--
(1) Establishment.--There is established in the Treasury an
Information Technology Modernization Fund (in this section
referred to as the ``Fund'') for technology related activities,
to improve information technology, and to enhance cybersecurity
across the Federal Government.
(2) Administration of fund.--The Administrator of General
Services shall administer the Fund in accordance with this
subsection.
(3) Use of funds.--The Administrator of General Services
may, in accordance with the recommendations of the Information
Technology Modernization Board established in subsection (b),
make use of amounts in the Fund for the following purposes:
(A) To transfer such amounts, to remain available
until expended, to the head of an agency to improve,
retire, or replace existing information technology
systems to enhance cybersecurity and improve efficiency
and effectiveness.
(B) For the development, operation, and procurement
of information technology products, services, and
acquisition vehicles for use by agencies to improve
Governmentwide efficiency and cybersecurity in
accordance with the requirements of the agencies.
(C) To provide services or work performed in
support of the activities described under subparagraph
(A) or (B).
(4) Deposit of funds.--
(A) In general.--Effective on October 1, 2016,
there is appropriated to the Fund, out of any money in
the Treasury not otherwise appropriated,
$3,000,000,000.
(B) Other credits.--The Fund shall be credited with
all reimbursements, advances, or refunds or recoveries
relating to information technology or services provided
through the Fund.
(C) Availability.--Amounts deposited, credited, or
otherwise made available to the Fund shall be available
without regard to fiscal year limitation.
(5) Reimbursement.--
(A) Payment by agency.--For a product or service
developed under paragraph (3), the head of an agency
that uses such product or service shall pay an amount
fixed by the Administrator of General Services in
accordance with this subsection.
(B) Reimbursement by agency.--The head of an agency
shall reimburse the Fund for any transfer made under
paragraph (3)(A) in accordance with the terms
established in the written agreement described in
paragraph (6). Notwithstanding any other provision of
law, an agency may make a reimbursement required by
this subparagraph from any appropriation available for
information technology activities. An obligation to
make a payment under an agreement described in
paragraph (6) in a future fiscal year shall be recorded
pursuant to section 1501 of title 31, United States
Code, in the fiscal year in which the payment is due.
(C) Prices fixed by administrator of general
services.--The Administrator of General Services, in
consultation with the Director of the Office of
Management and Budget, shall establish amounts to be
paid by an agency and terms of repayment for use of a
product or service developed under paragraph (3) at
levels sufficient to ensure the solvency of the Fund,
including operating expenses. Before making any changes
to the established amounts and terms of repayment, the
Administrator of General Services shall conduct a
review and consult with the Director of the Office of
Management and Budget.
(D) Failure to make timely reimbursement.--The
Administrator of General Services may obtain
reimbursement by the issuance of transfer and
counterwarrants, or other lawful transfer documents,
supported by itemized bills, if payment is not made by
a requisitioning agency--
(i) within 90 days after the expiration of
a repayment period described in the written
agreement described in paragraph (6)(A); or
(ii) within 45 days after the expiration of
the time period to make a payment under a
payment schedule for a product or service
developed under paragraph (3).
(6) Written agreement.--
(A) In general.--Before the transfer of funds to an
agency under paragraph (3)(A), the Administrator of
General Services and the head of the requisitioning
agency shall enter into a written agreement documenting
the purpose for which the funds will be used and the
terms of repayment. An agreement made pursuant to this
subparagraph shall be recorded as an obligation as
provided in paragraph (5)(B).
(B) Requirement for use of incremental development
practices.--For any funds transferred to an agency
under paragraph (3)(A), in the absence of compelling
circumstances documented by the Administrator of
General Services at the time of transfer, such funds
shall be transferred only on an incremental basis, tied
to metric-based development milestones achieved by the
agency, to be described in the written agreement
required pursuant to subparagraph (A).
(b) Information Technology Modernization Board.--
(1) Establishment.--There is established an Information
Technology Modernization Board (in this section referred to as
the ``Board'') which shall evaluate all proposals for
modernization submitted by agencies of information technology
used in the Federal Government.
(2) Responsibilities.--The responsibilities of the Board
are to--
(A) provide input to the Director of the Office of
Management and Budget for the development of processes
for agencies to submit modernization proposals to the
Board and to establish the criteria by which such
proposals are evaluated, which shall include addressing
the greatest security and operational risks, having the
greatest Governmentwide impact, and having a high
probability of success based on factors such as a
strong business justification, technical design,
procurement strategy (including adequate use of
incremental development practices), and program
management;
(B) make recommendations to the Administrator of
General Services to assist agencies in the further
development and refinement of select submitted
modernization proposals, based on an initial evaluation
performed with the assistance of the Administrator of
General Services;
(C) review and prioritize, with the assistance of
the Administrator of General Services and the Director
of the Office of Management and Budget, modernization
proposals based on criteria established pursuant to
subparagraph (A);
(D) identify, with the assistance of the
Administrator of General Services, opportunities to
improve or replace multiple information technology
systems with a smaller number of information technology
systems common to multiple agencies;
(E) recommend the funding of agency modernization
proposals, in accordance with the uses in subsection
(a)(3)(A), to the Administrator of General Services;
and
(F) monitor, in consultation with the Administrator
of General Services, progress and performance in
executing approved projects and, if necessary,
recommend the suspension or termination of funding for
projects that fail to meet the terms of the written
agreement described in subsection (a)(6).
(3) Membership.--The Board shall consist of 7 voting
members.
(4) Chair.--The Administrator of the Office of Electronic
Government shall serve as the chair of the Board.
(5) Permanent members.--The permanent members of the Board
shall be the following:
(A) The Administrator of the Office of Electronic
Government.
(B) A senior official from the General Services
Administration, who shall be appointed by the
Administrator of General Services.
(6) Additional members of the board.--
(A) Appointment.--The other members of the Board
shall be appointed as follows:
(i) An employee of the National Institute
of Standards and Technology of the Department
of Commerce, by the Secretary of Commerce.
(ii) An employee of the National Protection
and Programs Directorate of the Department of
Homeland Security, by the Secretary of Homeland
Security.
(iii) Three Federal employees primarily
having technical expertise in information
technology development, financial management,
cybersecurity and privacy, and acquisition, by
the Director of the Office of Management and
Budget.
(B) Term.--Each member of the Board described in
paragraph (A) shall serve a term of one year, which
shall be renewable up to three times, at the discretion
of the appointing Secretary or Director, as applicable.
(7) Prohibition on compensation.--Members of the Board may
not receive additional pay, allowances, or benefits by reason
of their service on the Board.
(8) Staff.--Upon request of the chair of the Board, the
Director of the Office of Management and Budget and the
Administrator of General Services may detail, on a
nonreimbursable basis, any of the personnel of the Office or
the General Services Administration (as the case may be) to the
Board to assist it in carrying out its functions under this
Act.
(c) Responsibilities of the Administrator of General Services.--
(1) In general.--In addition to the responsibilities
described in subsection (a), the Administrator of General
Services shall support the activities of the Board and provide
technical support to, and oversight of, agencies that receive
transfers from the Fund.
(2) Responsibilities.--The responsibilities of the
Administrator of General Services are to--
(A) provide direct technical support in the form of
personnel services or otherwise to agencies transferred
amounts under subsection (a)(3)(A) and for products,
services, and acquisition vehicles funded under
subsection (a)(3)(B);
(B) assist the Board with the evaluation,
prioritization, and development of agency modernization
proposals;
(C) perform regular project oversight and
monitoring of approved agency modernization projects,
in consultation with the Board and the Director of the
Office of Management and Budget, to increase the
likelihood of successful implementations and reduce
waste; and
(D) publish and maintain a list of projects funded
by the Fund on a public dashboard to be updated not
less than quarterly, that includes a description of the
project, project status, and financial expenditure data
related to the project.
(d) Agency Defined.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code. | Information Technology Modernization Act This bill establishes in the Treasury an Information Technology Modernization Fund for technology related activities, to improve information technology, and to enhance cybersecurity across the federal government. The Fund shall be administered by the General Services Administration (GSA). The GSA may: transfer amounts from the Fund to an agency to improve, retire, or replace existing information technology systems to enhance cybersecurity and improve efficiency and effectiveness; use amounts in the Fund for the development, operation, and procurement of information technology products, services, and acquisition vehicles for use by agencies to improve efficiency and cybersecurity; and use amounts in the Fund to provide services or work performed in support of such activities. An agency shall: (1) reimburse the Fund for any such transfer, and (2) pay a price to be fixed by the GSA for any such product or service the agency uses. The bill establishes an Information Technology Modernization Board, which shall: (1) evaluate proposals for modernization submitted by agencies; (2) make recommendations to the GSA to assist agencies in the further development and refinement of select proposals; and (3) monitor progress and performance in executing approved projects and, if necessary, recommend the suspension or termination of funding. The GSA shall support Board activities and provide technical support to, and oversight of, agencies that receive transfers from the Fund. | Information Technology Modernization Act |
SECTION 1. EXPANDING SUPPLEMENTAL BENEFITS TO MEET THE NEEDS OF
CHRONICALLY ILL MEDICARE ADVANTAGE ENROLLEES.
(a) In General.--Section 1852(a)(3) of the Social Security Act (42
U.S.C. 1395w-22(a)(3)) is amended--
(1) in subparagraph (A), by striking ``Each'' and inserting
``Subject to subparagraph (D), each''; and
(2) by adding at the end the following new subparagraph:
``(D) Expanding supplemental benefits to meet the
needs of chronically ill enrollees.--
``(i) In general.--For plan year 2020 and
subsequent plan years, in addition to any
supplemental health care benefits otherwise
provided under this paragraph, an MA plan may
provide supplemental benefits described in
clause (ii) to a chronically ill enrollee (as
defined in clause (iii)).
``(ii) Supplemental benefits described.--
``(I) In general.--Supplemental
benefits described in this clause are
supplemental benefits that, with
respect to a chronically ill enrollee,
have a reasonable expectation of
improving or maintaining the health or
overall function of the chronically ill
enrollee and may not be limited to
being primarily health related
benefits.
``(II) Authority to waive
uniformity requirements.--The Secretary
may, only with respect to supplemental
benefits provided to a chronically ill
enrollee under this subparagraph, waive
the uniformity requirement under
subsection (d)(1)(A), as determined
appropriate by the Secretary.
``(iii) Chronically ill enrollee defined.--
In this subparagraph, the term `chronically ill
enrollee' means an enrollee in an MA plan that
the Secretary determines--
``(I) has one or more comorbid and
medically complex chronic conditions
that is life threatening or
significantly limits the overall health
or function of the enrollee;
``(II) has a high risk of
hospitalization or other adverse health
outcomes; or
``(III) requires intensive care
coordination.''.
(b) GAO Study and Report.--
(1) Study.--The Comptroller General of the United States
(in this subsection referred to as the ``Comptroller General'')
shall conduct a study on supplemental benefits provided to
enrollees in Medicare Advantage plans under part C of title
XVIII of the Social Security Act. Such study shall include an
analysis of the following:
(A) The type of supplemental benefits provided to
such enrollees, the total number of enrollees receiving
each supplemental benefit, and whether the supplemental
benefit is covered by the standard benchmark cost of
the benefit or with an additional premium.
(B) The frequency in which supplemental benefits
are utilized by such enrollees.
(C) The impact supplemental benefits have on--
(i) indicators of the quality of care
received by such enrollees, including overall
health and function of the enrollees;
(ii) the utilization of items and services
for which benefits are available under the
original Medicare fee-for-service program
option under parts A and B of such title XVIII
by such enrollees; and
(iii) the amount of the bids submitted by
Medicare Advantage Organizations for Medicare
Advantage plans under such part C.
(2) Report.--Not later than 5 years after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report containing the results of the study conducted
under paragraph (1), together with recommendations for such
legislation and administrative action as the Comptroller
General determines appropriate. | This bill allows a Medicare Advantage (MA) plan to provide certain supplemental benefits to chronically ill enrollees beginning in plan year 2020. The Government Accountability Office must report to Congress on the provision of such supplemental benefits to MA enrollees. | To amend title XVIII of the Social Security Act to expand supplemental benefits to meet the needs of chronically ill Medicare Advantage enrollees under the Medicare program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Consumption Reduction and
Health Improvement Act of 1993''.
SEC. 2. INCREASE IN TAXES ON TOBACCO PRODUCTS.
(a) In General.--
(1) Cigars.--Subsection (a) of section 5701 of the Internal
Revenue Code of 1986 (relating to rate of tax on cigars) is
amended--
(A) by striking ``$1.125 cents per thousand (93.75
cents per thousand on cigars removed during 1991 and
1992)'' in paragraph (1) and inserting ``$4.6875 per
thousand''; and
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Large cigars.--On cigars weighing more than 3 pounds
per thousand, a tax equal to 50 percent of the price for which
sold but not more than $120 per thousand.''
(2) Cigarettes.--Subsection (b) of section 5701 of such
Code (relating to rate of tax on cigarettes) is amended--
(A) by striking ``$12 per thousand ($10 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (1) and inserting ``$50 per thousand'';
and
(B) by striking ``$25.20 per thousand ($21 per
thousand on cigarettes removed during 1991 and 1992)''
in paragraph (2) and inserting ``$105 per thousand''.
(3) Cigarette papers.--Subsection (c) of section 5701 of
such Code (relating to rate of tax on cigarette papers) is
amended by striking ``0.75 cent (0.625 cent on cigarette papers
removed during 1991 or 1992)'' and inserting ``3.12 cents''.
(4) Cigarette tubes.--Subsection (d) of section 5701 of
such Code (relating to rate of tax on cigarette tubes) is
amended by striking ``1.5 cents (1.25 cents on cigarette tubes
removed during 1991 or 1992)'' and inserting ``6.25 cents''.
(5) Snuff.--Paragraph (1) of section 5701(e) of such Code
(relating to rate of tax on smokeless tobacco) is amended by
striking ``36 cents (30 cents on snuff removed during 1991 or
1992)'' and inserting ``$1.50''.
(6) Chewing tobacco.--Paragraph (2) of section 5701(e) of
such Code is amended by striking ``12 cents (10 cents on
chewing tobacco removed during 1991 or 1992)'' and inserting
``50 cents''.
(7) Pipe tobacco.--Subsection (f) of section 5701 of such
Code (relating to rate of tax on pipe tobacco) is amended by
striking ``67.5 cents (56.25 cents on chewing tobacco removed
during 1991 or 1992)'' and inserting ``$2.8125''.
(b) Floor Stocks.--
(1) Imposition of tax.--On cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco manufactured in or imported into the United States
which is removed before January 1, 1994, and held on such date
for sale by any person, there shall be imposed the following
taxes:
(A) Small cigars.--On cigars, weighing not more
than 3 pounds per thousand, $3.5625 per thousand.
(B) Large cigars.--On cigars, weighing more than 3
pounds per thousand, a tax equal to 37.25 percent of
the price for which sold, but not more than $90 per
thousand.
(C) Small cigarettes.--On cigarettes, weighing not
more than 3 pounds per thousand, $38 per thousand.
(D) Large cigarettes.--On cigarettes, weighing more
than 3 pounds per thousand, $79.80 per thousand; except
that, if more than 6\1/2\ inches in length, they shall
be taxable at the rate prescribed for cigarettes
weighing not more than 3 pounds per thousand, counting
each 2\3/4\ inches, or fraction thereof, of the length
of each as one cigarette.
(E) Cigarette papers.--On cigarette papers, 2.37
cents for each 50 papers or fractional part thereof;
except that, if cigarette papers measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette paper.
(F) Cigarette tubes.--On cigarette tubes, 4.75
cents for each 50 tubes or fractional part thereof;
except that, if cigarette tubes measure more than 6\1/
2\ inches in length, they shall be taxable at the rate
prescribed, counting each 2\3/4\ inches, or fraction
thereof, of the length of each as one cigarette tube.
(G) Snuff.--On snuff, $1.14 per pound and a
proportionate tax at the like rate on all fractional
parts of a pound.
(H) Chewing tobacco.--On chewing tobacco, 38 cents
per pound and a proportionate tax at the like rate on
all fractional parts of a pound.
(I) Pipe tobacco.--On pipe tobacco, $2.1375 per
pound and a proportionate tax at the like rate on all
fractional parts of a pound.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding cigars,
cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco on January 1, 1994,
to which any tax imposed by paragraph (1) applies shall
be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be treated as a tax imposed under
section 5701 of the Internal Revenue Code of 1986 and
shall be due and payable on February 15, 1994, in the
same manner as the tax imposed under such section is
payable with respect to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and
pipe tobacco removed on January 1, 1994.
(3) Cigars, cigarettes, cigarette paper, cigarette tubes,
snuff, chewing tobacco, and pipe tobacco.--For purposes of this
subsection, the terms ``cigar'', ``cigarette'', ``cigarette
paper'', ``cigarette tubes'', ``snuff'', ``chewing tobacco'',
and ``pipe tobacco'' shall have the meaning given to such terms
by subsections (a), (b), (e), and (g), paragraphs (2) and (3)
of subsection (n), and subsection (o) of section 5702 of the
Internal Revenue Code of 1986, respectively.
(4) Exception for retail stocks.--The taxes imposed by
paragraph (1) shall not apply to cigars, cigarettes, cigarette
paper, cigarette tubes, snuff, chewing tobacco, and pipe
tobacco in retail stocks held on January 1, 1994, at the place
where intended to be sold at retail.
(5) Foreign trade zones.--Notwithstanding the Act of June
18, 1934 (19 U.S.C. 81a et seq.) or any other provision of
law--
(A) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco--
(i) on which taxes imposed by Federal law
are determined, or customs duties are
liquidated, by a customs officer pursuant to a
request made under the first proviso of section
3(a) of the Act of June 18, 1934 (19 U.S.C.
81c(a)) before January 1, 1994, and
(ii) which are entered into the customs
territory of the United States on or after
January 1, 1994, from a foreign trade zone, and
(B) cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco which--
(i) are placed under the supervision of a
customs officer pursuant to the provisions of
the second proviso of section 3(a) of the Act
of June 18, 1934 (19 U.S.C. 81c(a)) before
January 1, 1994, and
(ii) are entered into the customs territory
of the United States on or after January 1,
1994, from a foreign trade zone,
shall be subject to the tax imposed by paragraph (1) and such
cigars, cigarettes, cigarette paper, cigarette tubes, snuff,
chewing tobacco, and pipe tobacco shall, for purposes of
paragraph (1), be treated as being held on January 1, 1994, for
sale.
(c) Establishment of Trust Fund.--
(1) In General.--Subchapter A of chapter 98 of the Internal
Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end thereof the following new section:
``SEC. 9512. HEALTH REFORM TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Health Reform
Trust Fund' (hereafter referred to in this section as the `Trust
Fund'), consisting of such amounts as may be appropriated or credited
to the Trust Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust Fund.--The Secretary shall transfer to the
Trust Fund an amount equivalent to the net increase in revenues
received in the Treasury attributable to the amendments made to section
5701 by section 2(a) and the provisions contained in section 2(b) of
the Tobacco Consumption Reduction and Health Reform Act of 1993, as
estimated by the Secretary.
``(c) Distribution of Amounts in Trust Fund.--
``(1) Uninsured persons.--Eighty percent of the amounts in
the Trust Fund shall be available in each fiscal year, as
provided by appropriation Acts, to the Secretary for the
provision of medical care and medical insurance to persons
without medical insurance.
``(2) Other.--Twenty percent of the amounts in the Health
Reform Trust Fund shall be available in each fiscal year, as
provided by appropriation Acts, to the Secretary to--
``(A) develop and implement health education
programs;
``(B) develop and implement smoking cessation
programs; and
``(C) distribute to each State that was required by
State law to decrease State taxes on the sale of
tobacco products (as defined in section 5702(c)) as a
result of the increase in the Federal excise tax on
such products provided for in section 2(a) of the
Tobacco Consumption Reduction and Health Reform Act of
1993.''
(2) Clerical amendment.--The table of sections for such
subchapter A is amended by adding at the end thereof the
following new item:
``Sec. 9512. Health Reform Trust Fund.''
(d) Effective Date.--The amendments made by this section shall
apply with respect to cigars, cigarettes, cigarette paper, cigarette
tubes, snuff, chewing tobacco, and pipe tobacco removed after December
31, 1993. | Tobacco Consumption Reduction and Health Improvement Act of 1993 - Amends the Internal Revenue Code to increase the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes a tax on the floor stocks of such tobacco products which are removed before January 1, 1994. Makes an exception to the imposition of such tax for floor stocks of such products held on such date at the place intended to be sold at retail. Imposes such tax on such products entered into the United States from foreign trade zones before such date.
Establishes in the Treasury the Health Reform Trust Fund composed of the net increases in revenues received by the Treasury as the result of this Act. Directs the Secretary to use: (1) 80 percent of such funds in a fiscal year for the provision of medical care and medical insurance to persons without such insurance; and (2) 20 percent for health education programs, smoking cessation programs, and distribution to States required to reduce State taxes on tobacco products as a result of the increase in the Federal excise tax under this Act. | Tobacco Consumption Reduction and Health Improvement Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Rail Infrastructure Program
Act''.
TITLE I--NATIONAL RAIL INFRASTRUCTURE PROGRAM
SEC. 101. ESTABLISHMENT.
The Secretary of Transportation shall establish a National Rail
Infrastructure Program to provide grants for projects that address
railroad infrastructure and systems deficiencies in order to provide
substantial public benefits such as mitigating highway traffic
congestion, reducing transportation emissions, reducing energy used in
transportation, or improving the overall efficiency of railroad
operations.
SEC. 102. ELIGIBLE PROJECTS.
(a) In General.--Projects eligible for funding under this title
shall include projects to maintain and increase track and intermodal
yard capacity, to acquire rights-of-way for future expansion, to
separate railroad and road crossings and make other railroad and road
interface improvements, to separate rail-to-rail crossings, to
integrate railroad systems, and to construct, repair, and rehabilitate
track and related supporting structures.
(b) Noneligible Purposes.--Funding shall not be provided under this
title for operating expenses, acquisition of rolling stock, payment of
debt, or construction or repair of maintenance facilities, passenger
facilities at stations, or other ancillary railroad business
structures.
SEC. 103. INCLUSION IN STATE PLANS.
A project shall not be funded under this title unless it is
included in--
(1) a long-range transportation plan prepared under section
134(g) of title 23, United States Code;
(2) a State plan developed under section 135 of title 23,
United States Code; or
(3) a transportation improvement program under section 5304
of title 49, United States Code.
SEC. 104. COST SHARING.
At least 20 percent of the costs of a project for which funding is
provided under this title shall be provided by State, local, and other
non-Federal public sources.
SEC. 105. ALLOCATION OF FUNDS.
(a) Formula Amounts.--
(1) Percentage.--The Secretary of Transportation shall
provide 80 percent of the amount available for grants under
this title for each fiscal year to States according to the
formula described in paragraph (2), in grants for eligible
projects in the States.
(2) Formula.--Amounts described in paragraph (1) shall be
distributed among the States according to a formula designed by
the Secretary of Transportation to weigh equally for each
State--
(A) the number of rail miles in the State;
(B) the number of rail cars loaded in the State;
(C) the number of rail cars unloaded in the State;
and
(D) the number of railroad and public road grade
crossings in the State.
(b) Secretary's Discretionary Amounts.--The Secretary of
Transportation shall use 20 percent of the amount available for grants
under this title for each fiscal year to directly make grants for
eligible projects of national significance, with emphasis on projects
with the greatest public benefit.
SEC. 106. LABOR STANDARDS.
The Secretary of Transportation shall ensure that laborers and
mechanics employed by contractors and subcontractors in construction
work on projects funded under this title will be paid wages not less
than those prevailing on similar construction in the locality, as
determined by the Secretary of Labor under the Act of March 3, 1931
(known as the Davis-Bacon Act) (40 U.S.C. 276a-276a-5).
SEC. 107. DISADVANTAGED BUSINESS ENTERPRISES.
(a) General Rule.--Except to the extent that the Secretary of
Transportation determines otherwise, not less than 10 percent of the
amounts made available under this Act shall be expended with small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
(b) Definitions.--The terms used in this section have the meaning
given those terms in section 1101(b)(2) of the Transportation Equity
Act For the 21st Century (23 U.S.C. 101 note).
SEC. 108. DEFINITIONS.
For purposes of this title--
(1) the term ``rail miles'' means route miles, not track
miles; and
(2) the term ``railroad'' means freight, intercity
passenger, and commuter rail transportation operated as part of
the general system of rail transportation.
TITLE II--FUNDING
SEC. 201. EXCISE TAX ON SALE OF CERTAIN TRAIN EQUIPMENT.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986
(relating to manufacturers excise taxes) is amended by inserting after
subchapter D the following new subchapter:
``Subchapter E--Railroad Locomotives and Rolling Stock
``Sec. 4191. Imposition of tax.
``SEC. 4191. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed on the sale of any
specified railroad equipment by the manufacturer, producer, or importer
a tax equal to 5 percent of the price for which so sold.
``(b) Specified Railroad Equipment.--For purposes of this section,
the term `specified railroad equipment' means--
``(1) any railroad locomotive, and
``(2) any other railroad rolling stock.
``(c) Separate Purchase of Parts and Accessories.--Under
regulations prescribed by the Secretary--
``(1) In general.--If--
``(A) the owner, lessee, or operator of any
specified railroad equipment installs (or causes to be
installed) any part or accessory on such equipment, and
``(B) such installation is not later than the date
6 months after the date such equipment was first placed
in service,
then there is hereby imposed on such installation a tax equal
to 5 percent of the price of such part or accessory and its
installation.
``(2) Exception.--Paragraph (1) shall not apply if the part
or accessory installed is a replacement part or accessory.
``(3) Installers secondarily liable for tax.--The owners of
the trade or business installing the parts or accessories shall
be secondarily liable for the tax imposed by paragraph (1).''
(b) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by inserting after the item relating to subchapter
D the following new item:
``Subchapter E. Railroad locomotives and
rolling stock.''
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
SEC. 202. TAX ON RAIL TRANSPORTATION OF PERSONS OR PROPERTY.
(a) In General.--Chapter 33 of the Internal Revenue Code of 1986 is
amended by inserting before subchapter B the following new subchapter:
``Subchapter A--Transportation by Rail
``Sec. 4241. Transportation of persons.
``Sec. 4242. Transportation of property.
``Sec. 4243. Definitions and special
rules.
``SEC. 4241. TRANSPORTATION OF PERSONS.
``(a) In General.--There is hereby imposed on the amount paid for
taxable rail transportation of any person a tax equal to--
``(1) 5 percent of the amount so paid in the case of
taxable rail transportation by commuter rail, and
``(2) 10 percent of the amount so paid in any other case.
(b) By Whom Paid.--The tax imposed by this section shall be paid by
the person making the payment subject to the tax.
``SEC. 4242. TRANSPORTATION OF PROPERTY.
``(a) In General.--there is hereby imposed upon the amount paid
within or without the United States for the taxable rail transportation
of property a tax equal to 1 percent of the amount so paid for such
transportation. The tax imposed by this subsection shall apply only to
amounts paid to a person engaged in the business of transporting
property by rail for hire.
``(b) By Whom Paid.--
``(1) In general.--Except as provided by paragraph (2), the
tax imposed by subsection (a) shall be paid by the person
making the payment subject to tax.
``(2) Payments made outside the united states.--If a
payment subject to tax under subsection (a) is made outside the
United States and the person making such payment does not pay
such tax, such tax--
``(A) shall be paid by the person to whom the
property is delivered in the United States by the
person furnishing the last segment of the taxable
transportation in respect of which such tax is imposed,
and
``(B) shall be collected by the person furnishing
the last segment of such taxable transportation.
``SEC. 4243. DEFINITIONS AND SPECIAL RULES.
``(a) Taxable Rail Transportation.--For purposes of this
subchapter, the term `taxable rail transportation' means transportation
by rail within the United States, other than by mass transit.
``(b) Transportation.--For purposes of this subchapter, the term
`transportation' includes layover or waiting time and movement of the
train in deadhead service.
``(c) Special Rules.--
``(1) Payments made outside the United States for prepaid
orders.--If the payment upon which tax is imposed by section
4241 is made outside the United States for a prepaid order,
exchange order, or similar order, the person furnishing the
initial transportation pursuant to such order shall collect the
amount of the tax.
``(2) Tax deducted upon refunds.--Every person who refunds
any amount with respect to a ticket or order which was
purchased without payment of the tax imposed by section 4241
shall deduct from the amount refundable, to the extent
available, any tax due under such section as a result of the
use of a portion of the transportation purchased in connection
with such ticket or order, and shall report to the Secretary
the amount of any such tax remaining uncollected.
``(3) Payment of tax.--Where any tax imposed by section
4241 is not paid at the time payment for transportation is
made, then, under regulations prescribed by the Secretary, to
the extent that such tax is not collected under any other
provision of this subchapter, such tax shall be paid by the
carrier providing the initial segment of such transportation in
the United States.''
(b) Clerical Amendment.--The table of subchapters for chapter 33 of
such Code is amended by inserting before the item relating to
subchapter B the following new item:
``Subchapter A. Transportation by rail.''
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2003.
SEC. 203. NATIONAL RAIL INFRASTRUCTURE PROGRAM TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to trust fund code) is amended by adding at the
end the following new section:
``SEC. 9511. NATIONAL RAIL INFRASTRUCTURE PROGRAM TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `National Rail
Infrastructure Program Trust Fund', consisting of such amounts as may
be appropriated or credited to such Trust Fund as provided in this
section or section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the National Rail Infrastructure Program Trust Fund amounts equivalent
to--
``(1) the taxes received in the Treasury under section 4191
(relating to taxes on railroad locomotives and rolling stock),
``(2) 10 percent of all customs duties received in the
Treasury after September 30, 2003,
``(3) the taxes received in the Treasury under section 4041
or 4081 to the extent attributable to fuel used in a train, and
``(4) 10 percent of all royalties received by the United
States attributable to the removal of oil or gas from Federal
lands.
``(c) Expenditures.--Amounts in the National Rail Infrastructure
Program Trust Fund shall be available, as provided in appropriation
Acts, only for purposes of making expenditures to carry out title I of
the National Rail Infrastructure Program Act.''
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. National Rail Infrastructure
Program Trust Fund.'' | National Rail Infrastructure Program Act - Directs the Secretary of Transportation to establish a National Rail Infrastructure Program to provide grants for projects addressing railroad infrastructure and systems deficiencies.
Makes eligible for such grants projects to: (1) maintain and increase track and intermodal yard capacity; (2) acquire rights-of-way for future expansion; (3) separate railroad and road crossings and make other railroad and road interface improvements; (4) separate rail-to-rail crossings; (5) integrate railroad systems; and (6) construct, repair, and rehabilitate track and related supporting structures. Prohibits the use of grant funds for operating expenses, acquisition of rolling stock, payment of debt, or construction or repair of maintenance facilities, passenger facilities at stations, or other ancillary railroad business structures.
Requires at least 20 percent of project costs to be provided by State, local, and other non-Federal public sources.
Amends the Internal Revenue Code to impose an excise tax of: (1) five percent on the sale of any specified railroad equipment by the manufacturer, producer, or importer; (2) five percent of the amount paid for taxable rail transportation of any person by commuter rail, and of ten percent in any other case; and (3) one percent of the amount paid inside or outside the United States for the taxable rail transportation of property.
Establishes in the Treasury a National Rail Infrastructure Program Trust Fund, consisting of amounts equivalent to: (1) specified excise taxes received with respect to fuel used in a train, and the excise tax under this Act on railroad locomotives and rolling stock; (2) ten percent of all customs duties received after September 30, 2003; and (3) ten percent of all royalties attributable to the removal of oil or gas from Federal lands. Makes amounts in the Trust Fund available only for grants under this Act. | To establish and provide for funding for a National Rail Infrastructure Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sierra Leone Peace Support Act of
2000''.
SEC. 2. FINDINGS AND SENSE OF THE CONGRESS.
(a) Findings.--The Congress makes the following findings:
(1) Eight years of civil war and massive human rights
violations have created a humanitarian crisis in the Republic
of Sierra Leone, leaving over 50,000 dead and 1,000,000
displaced from their homes.
(2) As many as 480,000 Sierra Leoneans have fled into
neighboring countries, especially Guinea.
(3) All parties to the conflict have committed abuses, but
the Revolutionary United Front (RUF) and its ally, the former
Sierra Leonean army (AFRC) are responsible for the overwhelming
majority.
(4) The RUF and AFRC have systematically abducted, raped,
mutilated, killed, or forced children to fight alongside RUF
soldiers.
(5) The RUF continues to hold hundreds and perhaps
thousands of prisoners, including many child soldiers, despite
the agreement of RUF leadership at Lome to release all
children.
(6) The civil defense forces committed human rights
violations, including killings and recruitment of child
soldiers, and Economic Community of West African States
Military Observer Group (ECOMOG) forces have also committed
human rights abuses, including executions of captured
combatants and killings of civilians.
(7) Neighboring countries, especially Liberia and Burkina
Faso, have contributed greatly to the destruction of Sierra
Leone by aiding and arming the RUF and providing sanctuary for
RUF fighters.
(8) International humanitarian efforts to assist Sierra
Leoneans, both at home and in Guinea, have fallen far short of
need such that conditions in refugee camps and among displaced
persons camps are deplorable, food and medicine is dangerously
inadequate, and the refugee population on the Sierra Leonean
border continues to be preyed upon by RUF insurgents and
subjected to rape, mutilation, or killing.
(9) Demobilization, demilitarization, and reintegration
(DDR) efforts, as called for in the Lome agreement of July
1999, have begun months late and are still at beginning stages.
(10) With the withdrawal of the West African peacekeeping
forces, the United Nations Security Council has approved the
deployment of 11,000 peacekeeping forces for Sierra Leone.
(11) There are approximately 45,000 combatants, including
many child soldiers, in Sierra Leone who must be demobilized,
provided with alternate employment, and reintegrated into their
communities.
(12) Both the Government of Sierra Leone and the RUF/AFRC
formally agreed in the Lome Convention of July 7, 1999, to
uphold, promote, and protect the human rights (including the
right to life and liberty, freedom from torture, the right to a
fair trial, freedom of conscience, expression, and association,
and the right to take part in the governance of one's country)
of every Sierra Leonean as well as the enforcement of
humanitarian law.
(b) Sense of the Congress.--The Congress urges the President to
vigorously promote efforts to end further degradation of conditions in
the Republic of Sierra Leone, to dramatically increase United States
assistance to demobilization, demilitarization, and reintegration (DDR)
efforts and humanitarian initiatives, to assist in the collection of
documentation about human rights abuses by all parties, and to engage
in diplomatic initiatives aimed at consolidating the peace and
protecting human rights.
SEC. 3. DEMOBILIZATION, DEMILITARIZATION, AND REINTEGRATION ASSISTANCE.
(a) In General.--There is authorized to be appropriated to the
President $13,000,000 for fiscal year 2001 for assistance under chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2221 et
seq.) to the Sierra Leone DDR Trust Fund of the International Bank for
Reconstruction and Development for demobilization, demilitarization,
and reintegration assistance in Sierra Leone. Assistance under the
preceding sentence may not be used to provide stipends to ex-combatants
of the civil war in the Republic of Sierra Leone.
(b) Additional Requirements.--Amounts appropriated pursuant to
subsection (a)--
(1) are in addition to any other amounts available for the
purpose described in such subsection; and
(2) are authorized to remain available until expended.
SEC. 4. DEMOCRATIZATION, ELECTORAL, AND JUDICIAL ASSISTANCE.
(a) Judicial Assistance.--There is authorized to be appropriated to
the President $5,000,000 for fiscal year 2001 for assistance to rebuild
and strengthen the capacity of the judiciary in the Republic of Sierra
Leone and to assist efforts to establish the rule of law and maintain
law and order in Sierra Leone.
(b) Expanded International Military Education and Training
Assistance.--Beginning 1 year after the conclusion of free and fair
elections in Sierra Leone, the President may provide expanded
international military education and training assistance to the
military forces and related civilian personnel of Sierra Leone under
section 541 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347)
solely for the purpose of providing training relating to defense
management, civil-military relations, law enforcement cooperation, and
military justice.
(c) Additional Requirements.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a)--
(1) are in addition to any other amounts available for the
purposes described in such subsection; and
(2) are authorized to remain available until expended.
SEC. 5. ACCOUNTABILITY.
(a) Statement of Congressional Concern About Accountability.--It is
the sense of the Congress that a thorough and nonpartisan initiative to
collect information on human rights abuses by all parties to the
conflict in the Republic of Sierra Leone be undertaken. Comprehensive
and detailed information, particularly the identification of specific
units, individuals, and commanders found to have been especially
abusive, will be essential for vetting human rights abusers from the
newly formed armed forces and police forces of Sierra Leone and for
deterring abuses by all parties in the future. Accordingly, the
Congress calls upon the administration to strongly support an
independent process of data collection on human rights abuses in Sierra
Leone, for use by the Truth and Reconciliation Commission when it has
been established, and to support any future initiatives of
international accountability for Sierra Leone.
(b) Assistance for Truth and Reconciliation Commission.--
(1) Assistance for establishment and support of
commission.--The President is authorized to provide assistance
for the establishment and support of a Truth and Reconciliation
Commission to establish accountability for human rights abuses
in the Republic of Sierra Leone.
(2) Assistance for human rights data collection.--The
Secretary of State, acting through the Assistant Secretary of
the Bureau of Democracy, Human Rights and Labor, is authorized
to collect human rights data with respect to Sierra Leone and
assist the Truth and Reconciliation Commission in carrying out
its functions.
(3) Authorization of appropriations.--
(A) Establishment and support of commission.--There
is authorized to be appropriated to the President
$1,500,000 for fiscal year 2001 for assistance under
chapter 4 of part II of the Foreign Assistance Act of
1961 to carry out paragraph (1).
(B) Human rights data collection.--There is
authorized to be appropriated to the Secretary of State
$500,000 for fiscal year 2001 to carry out paragraph
(2). Amounts appropriated pursuant to the authorization
of appropriations under the preceding sentence shall be
deposited in the ``Human Rights Fund'' of the Bureau of
Democracy, Human Rights and Labor of the Department of
State.
(C) Availability.--Amounts appropriated pursuant to
the authorization of appropriations under subparagraphs
(A) and (B) are authorized to remain available until
expended.
SEC. 6. NEIGHBORING COUNTRIES OF SIERRA LEONE.
(a) Reports to Congress.--
(1) Arms flows.--Not later than 6 months after the date of
the enactment of this Act, the President shall transmit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report which provides information, including
measurable, credible, and verifiable evidence (to the extent
practicable), concerning the extent to which neighboring
countries of the Republic of Sierra Leone are involved in arms
flows into Sierra Leone.
(2) Sierra leonean minerals.--Not later than 6 months after
the date of the enactment of this Act, the President shall
transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations
of the Senate a report which provides information, including
measurable, credible, and verifiable evidence (to the extent
practicable), concerning illicit sales of Sierra Leonean gold
and diamonds through neighboring countries of the Republic of
Sierra Leone.
(b) Notification by Secretary of State.--If a report transmitted by
the President pursuant to paragraph (1) or (2) of subsection (a)
contains measurable, credible, or verifiable evidence that a country is
involved in arms flows into Sierra Leone, or that a country is involved
in illicit sales of Sierra Leonean gold or diamonds through that
country, then the Secretary of State--
(1) shall take all necessary steps to initiate diplomatic
efforts to bring about the termination of such activities by
the country; and
(2) if the country has not ceased the proscribed activity
within 3 months of the initiation of such diplomatic efforts,
shall inform the country of the possibility that United States
foreign assistance for the country may be terminated or
suspended if the country does not cease the proscribed
activity.
(c) Assistance for Neighboring Countries.--United States assistance
may be provided to the central government of a neighboring country of
the Republic of Sierra Leone only if such government--
(1)(A) provides demonstrated support for the peace process
in the Republic of Sierra Leone in accordance with the Lome
Convention of July 7, 1999; and
(B) does not provide training or other support for the RUF/
AFRC forces or any other forces proscribed under the Lome
Convention; and
(2) cooperates with efforts to monitor arms flows to Sierra
Leone.
(3) United states assistance.--In this subsection, the term
``United States assistance'' means assistance of any kind which
is provided by grant, sale, loan, lease, credit, guaranty, or
insurance, or by any other means, by any agency or
instrumentality of the United States Government.
Passed the House of Representatives May 3, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | (Sec. 3) Authorizes appropriations to the President for FY 2001 for certain assistance under the Foreign Assistance Act of 1961 to the Sierra Leone DDR Trust Fund of the International Bank for Reconstruction and Development for demobilization, demilitarization, and reintegration assistance in Sierra Leone (but not for stipends to ex-combatants of the civil war in that country).
(Sec. 4) Authorizes appropriations to the President for FY 2001 for assistance to: (1) rebuild and strengthen the capacity of the judiciary in Sierra Leone; and (2) assist efforts to establish the rule of law and maintain law and order there.
Authorizes the President, beginning one year after the conclusion of free and fair elections in Sierra Leone, to provide expanded international military education and training assistance to the military forces and related civilian personnel of Sierra Leone under the Foreign Assistance Act of 1961 solely for the purpose of providing training relating to defense management, civil-military relations, law enforcement cooperation, and military justice.
(Sec. 5) Declares the sense of Congress in favor of a thorough and nonpartisan initiative to collect comprehensive and detailed information on human rights abuses by all parties to the conflict in Sierra Leone, including the identification of specific units, individuals, and commanders found to have been especially abusive. Calls upon the administration strongly to support: (1) an independent process of data collection on human rights abuses in Sierra Leone, for use by the Truth and Reconciliation Commission when it has been established; and (2) any future initiatives of international accountability for Sierra Leone.
Authorizes the President to provide assistance for the establishment and support of a Truth and Reconciliation Commission (TRC) to establish accountability for human rights abuses in Sierra Leone.
Authorizes the Secretary of State, acting through the Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, to collect human rights data with respect to Sierra Leone and assist the TRC.
Authorizes appropriations for FY 2001 for: (1) establishment and support of the TRC; and (2) human rights data collection.
(Sec. 6) Directs the President to report to specified congressional committees information, including measurable, credible, and verifiable evidence, concerning: (1) the extent to which countries neighboring on Sierra Leone are involved in arms flows into that country; and (2) illicit sales of Sierra Leonean gold and diamonds through neighboring countries.
Declares that, if such a report contains measurable, credible, or verifiable evidence that a country is involved in arms flows into Sierra Leone, or that a country is involved in illicit sales of Sierra Leonean gold or diamonds through that country, then the Secretary of State shall: (1) take all necessary steps to initiate diplomatic efforts to bring about the termination of such activities by the country; and (2) inform the country, if it has not ceased the proscribed activity within three months after initiation of such diplomatic efforts, that U.S. foreign assistance may be terminated or suspended if it does not cease such activity.
Authorizes U.S. assistance to the Central Government of a neighboring country if such government: (1) provides demonstrated support for the peace process in Sierra Leone in accordance with the Lome Convention of July 7, 1999; and (2) does not provide training or other support for the Revolutionary United Front (RUF) and the former Sierra Leonean army (AFRC) forces, or any other forces proscribed under the Lome Convention. Conditions assistance on such Government's cooperation with efforts to monitor arms flows to Sierra Leone. | Sierra Leone Peace Support Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COBRA Plus Act of 2001''.
SEC. 2. REFUNDABLE HEALTH INSURANCE COSTS 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 personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following:
``SEC. 35. HEALTH INSURANCE COSTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the amount paid by the
taxpayer during such taxable year for qualified health insurance for
the taxpayer and the taxpayer's spouse and dependents.
``(b) Limitations.--
``(1) Maximum dollar amount.--
``(A) In general.--The amount allowed as a credit
under subsection (a) to the taxpayer for the taxable
year shall not exceed the sum of the monthly
limitations for coverage months during such taxable
year.
``(B) Monthly limitation.--The monthly limitation
for each coverage month during the taxable year is an
amount equal to the lesser of--
``(i) 50 percent of the amount paid for
qualified health insurance for such month, or
``(ii) an amount equal to \1/12\ of--
``(I) in the case of self-only
coverage, $1,320, and
``(II) in the case of family
coverage, $3,480.
``(2) 9-month limitation.--For purposes of paragraph (1),
the total number of coverage months taken into account with
respect to each qualifying event of the individual shall not
exceed 9.
``(3) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2002, each of the dollar amounts
referred to in paragraph (1)(B) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section (1)(f)(3) for the
calendar year in which the taxable year begins,
by substituting `2001' for `1992'.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Definitions.--For purposes of this section--
``(1) Coverage month.--
``(A) In general.--The term `coverage month' means,
with respect to an individual, any month if--
``(i) as of the first day of such month
such individual is covered by qualified health
insurance, and
``(ii) the premium for coverage under such
insurance, or any portion of the premium, for
such month is paid by the taxpayer.
``(B) Exclusion of months in which individual is
eligible for coverage under certain health programs.--
Such term shall not include any month during a taxable
year with respect to an individual if, as of the first
day of such month, such individual is eligible--
``(i) for any benefits under title XVIII of
the Social Security Act,
``(ii) to participate in the program under
title XIX or XXI of such Act,
``(iii) for benefits under chapter 17 of
title 38, United States Code,
``(iv) for benefits under chapter 55 of
title 10, United States Code,
``(v) to participate in the program under
chapter 89 of title 5, United States Code, or
any similar program for State or local
government employees, or
``(vi) for benefits under any medical care
program under the Indian Health Care
Improvement Act or any other provision of law.
``(C) Exclusion of months in which individual is
imprisoned.--Such term shall not include any month with
respect to an individual if, as of the first day of
such month, such individual is imprisoned under
Federal, State, or local authority.
``(2) Eligible individual.--The term `eligible individual'
means an individual who is--
``(A) a covered employee (as defined in section
4980B(f)) of the plan sponsor of the qualified health
insurance, and
``(B) eligible for continuation coverage by reason
of a qualifying event.
``(3) Qualified health insurance.--The term `qualified
health insurance' means health insurance coverage under--
``(A) a COBRA continuation provision (as defined in
section 9832(d)(1)), or
``(B) section 8905a of title 5, United States Code.
``(4) Qualifying event.--The term `qualifying event' means
an event described in section 4980B(f)(3)(B).
``(d) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with advance payment.--Rules similar to
the rules of section 32(g) shall apply to any credit to which
this section applies.
``(e) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.
``(g) Termination.--This section shall not apply to any amount paid
after December 31, 2003.''.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 (relating to
information concerning transactions with other persons) is
amended by inserting after section 6050S the following:
``SEC. 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED HEALTH
INSURANCE.
``(a) In General.--Any person who, in connection with a trade or
business conducted by such person, receives payments during any
calendar year from any individual for coverage of such individual or
any other individual under creditable health insurance, shall make the
return described in subsection (b) (at such time as the Secretary may
by regulations prescribe) with respect to each individual from whom
such payments were received.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of the individual
from whom payments described in subsection (a) were
received,
``(B) the name, address, and TIN of each individual
who was provided by such person with coverage under
creditable health insurance by reason of such payments
and the period of such coverage,
``(C) the aggregate amount of payments described in
subsection (a),
``(D) the qualified health insurance credit advance
amount (as defined in section 7527(e)) received by such
person with respect to the individual described in
subparagraph (A), and
``(E) such other information as the Secretary may
reasonably prescribe.
``(c) Creditable Health Insurance.--For purposes of this section,
the term `creditable health insurance' means qualified health insurance
(as defined in section 35(c)).
``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required under subsection (b)(2)(A) to be set forth in such return a
written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person,
``(2) the aggregate amount of payments described in
subsection (a) received by the person required to make such
return from the individual to whom the statement is required to
be furnished,
``(3) the information required under subsection (b)(2)(B)
with respect to such payments, and
``(4) the qualified health insurance credit advance amount
(as defined in section 7527(e)) received by such person with
respect to the individual described in paragraph (2).
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be made.
``(e) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of any amount received by any person on
behalf of another person, only the person first receiving such amount
shall be required to make the return under subsection (a).''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xi) through (xvii) as clauses
(xii) through (xviii), respectively, and by inserting
after clause (x) the following:
``(xi) section 6050T (relating to returns
relating to payments for qualified health
insurance),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of the next to
last subparagraph, by striking the period at the end of
the last subparagraph and inserting ``, or'', and by
adding at the end the following:
``(BB) section 6050T(d) (relating to returns
relating to payments for qualified health
insurance).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050S
the following:
``Sec. 6050T. Returns relating to
payments for qualified health
insurance.''.
(c) Criminal Penalty for Fraud.--Subchapter B of chapter 75 of the
Internal Revenue Code of 1986 (relating to other offenses) is amended
by adding at the end the following:
``SEC. 7276. PENALTIES FOR OFFENSES RELATING TO HEALTH INSURANCE TAX
CREDIT.
``Any person who knowingly misuses Department of the Treasury
names, symbols, titles, or initials to convey the false impression of
association with, or approval or endorsement by, the Department of the
Treasury of any insurance products or group health coverage in
connection with the credit for health insurance costs under section 35
shall on conviction thereof be fined not more than $10,000, or
imprisoned not more than 1 year, or both.''.
(d) Conforming Amendments.--
(1) Section 162(l) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(6) Election to have subsection apply.--No deduction
shall be allowed under paragraph (1) for a taxable year unless
the taxpayer elects to have this subsection apply for such
year.''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(3) 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 striking the last item and inserting the
following:
``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of tax.''.
(4) The table of sections for subchapter B of chapter 75 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``Sec. 7276. Penalties for offenses
relating to health insurance
tax credit.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Penalties.--The amendments made by subsections (c) and
(d)(4) shall take effect on the date of the enactment of this
Act.
SEC. 3. ADVANCE PAYMENT OF CREDIT TO ISSUERS OF QUALIFIED HEALTH
INSURANCE.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following:
``SEC. 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR PURCHASERS
OF QUALIFIED HEALTH INSURANCE.
``(a) General Rule.--In the case of an eligible individual, the
Secretary shall make payments to the plan sponsor of the group health
plan providing, or the qualified health insurance issuer of, such
individual's qualified health insurance equal to such individual's
qualified health insurance credit advance amount with respect to such
sponsor or issuer.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who purchases qualified health insurance (as defined
in section 35(c)), and
``(2) for whom a qualified health insurance credit
eligibility certificate is in effect.
``(c) Definitions.--For purposes of this section--
``(1) Qualified health insurance issuer.--The term
`qualified health insurance issuer' means a health insurance
issuer described in section 9832(b)(2) (determined without
regard to the last sentence thereof) offering coverage in
connection with a group health plan.
``(2) Group health plan.--The term `group health plan' has
the meaning given such term by section 5000(b)(1) (determined
without regard to subsection (d) thereof).
``(d) Qualified Health Insurance Credit Eligibility Certificate.--
For purposes of this section, a qualified health insurance credit
eligibility certificate is a statement furnished by an individual to a
plan sponsor of a group health plan or qualified health insurance
issuer which--
``(1) certifies that the individual will be eligible to
receive the credit provided by section 35 for the taxable year,
``(2) estimates the amount of such credit for such taxable
year, and
``(3) provides such other information as the Secretary may
require for purposes of this section.
``(e) Qualified Health Insurance Credit Advance Amount.--For
purposes of this section, the term `qualified health insurance credit
advance amount' means, with respect to any plan sponsor of a group
health plan providing, or qualified health insurance issuer of,
qualified health insurance, an estimate of the amount of credit
allowable under section 35 to the individual for the taxable year which
is attributable to the insurance provided to the individual by such
sponsor or issuer.
``(f) Required Documentation for Receipt of Payments of Advance
Amount.--No payment of a qualified health insurance credit advance
amount with respect to any eligible individual may be made under
subsection (a) unless the plan sponsor of the group health plan or
health insurance issuer provides to the Secretary--
``(1) the qualified health insurance credit eligibility
certificate of such individual, and
``(2) the return relating to such individual under section
6050T.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following:
``Sec. 7527. Advance payment of health
insurance credit for purchasers
of qualified health
insurance.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
SEC. 4. STUDY.
Not later than January 1, 2003, the Comptroller General of the
United States shall--
(1) conduct a study on the effectiveness of the amendments
made by this Act in increasing enrollment by eligible
individuals (as defined in section 35(c)(2), as added by
section 2) in group health plans under COBRA continuation
coverage; and
(2) submit a report on the study conducted under paragraph
(1) to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. | COBRA Plus Act of 2001 - Amends the Internal Revenue Code to temporarily allow a refundable tax credit of 50 percent for an eligible individual's health insurance premium under COBRA, subject to specified limitations.Reduces the medical expense deduction accordingly.Requires former employers receiving COBRA payments to make a return as specified.Sets forth criminal penalties for fraud relating to such credit.Directs the Secretary of the Treasury to make COBRA payments in the amount of the allowable credit for eligible individuals with a qualified health insurance credit eligibility certificate.Requires the Comptroller General to study and report on whether this credit increased COBRA enrollment. | A bill to amend the internal Revenue Code of 1986 to allow a refundable tax credit for health insurance costs for COBRA continuation coverage, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2013''.
SEC. 2. FINDINGS.
Congress finds that--
(1) numerous proven and tested technologies exist to enable
the Federal Government to enhance its dissemination of public
alerts and warnings;
(2) the expected benefits of these enhancements include--
(A) greater security, reliability, and redundancy
of the Federal Government's alert and warning
capabilities;
(B) rapid alert dissemination;
(C) an improved ability to notify remote locations;
and
(D) the ability to geographically target and
deliver alerts and warnings through multiple
communication modes;
(3) there is a need to test the viability of delivering
messages through diverse communications modes to effectively
alert and warn the public;
(4) there is a need to modernize and improve the ability of
the Federal Government to provide residents of the United
States with timely and effective warnings; and
(5) although significant Federal integration efforts are
underway, the aggregation, dissemination, and reporting system
necessary for effective public alert and warning will require
an integrated national network for reliable, secure, and
authentic dissemination of emergency alerts and warnings by
Federal, State, local, and tribal entities that are authorized
to issue alerts to the public.
SEC. 3. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
(a) In General.--
(1) Amendment.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end of
the following new section:
``SEC. 526. NATIONAL INTEGRATED PUBLIC ALERT AND WARNING SYSTEM
MODERNIZATION.
``(a) In General.--In order to provide timely and effective
warnings and disseminate homeland security information and other
information, the Secretary shall, considering the recommendations of
the advisory committee established under subsection (d), modernize and
implement the national integrated public alert and warning system (in
this section referred to as `the public alert and warning system').
``(b) Implementation Requirements.--In carrying out subsection (a),
the Secretary shall--
``(1) establish or adapt, as appropriate, common alerting
and warning protocols, standards, terminology, and operating
procedures for the public alert and warning system;
``(2) include in the public alert and warning system the
capability to adapt the dissemination of homeland security
information and other information and the content of
communications on the basis of geographic location, risks, or
personal user preferences, as appropriate;
``(3) include in the public alert and warning system the
capability to alert, warn, and provide the equivalent amount of
information to individuals with disabilities and access and
functional needs;
``(4) ensure the conduct of training, tests, and exercises
for the public alert and warning system, and that the system is
incorporated into other training and exercise programs of the
Department, as appropriate;
``(5) ensure that ongoing training, integrated into the
National Incident Management System, for receiving and
disseminating public alert and warning system messages
utilizing advanced technologies is provided to State, local,
tribal, and other homeland security stakeholders involved in
the transmission of such messages;
``(6) ensure that the public alert and warning system uses
the National Terrorism Advisory System, including ensuring that
the National Terrorism Advisory System participates in tests of
the public alert and warning system;
``(7) conduct, at least once every 3 years, periodic
nationwide tests of the public alert and warning system; and
``(8) consult, coordinate, and cooperate, to the extent
practicable, with other Federal agencies and departments and
with State, local, and tribal governments, the private sector,
and other key stakeholders to leverage existing alert and
warning capabilities.
``(c) System Requirements.--The Secretary shall ensure that the
system--
``(1) incorporates redundant and diverse modes to
disseminate homeland security information and other information
in warning messages to the public so as to reach the greatest
number of individuals;
``(2) can be adapted to incorporate future technologies;
``(3) is resilient, secure, and can withstand acts of
terrorism and other external attacks;
``(4) promotes State, local, tribal, and regional
partnerships to enhance coordination;
``(5) is designed to provide alerts that are accessible to
the largest portion of the affected population feasible,
including nonresident visitors and tourists and individuals
with disabilities and access and functional needs;
``(6) is designed to improve the ability of remote areas
and areas with underdeveloped telecommunications infrastructure
to receive alerts; and
``(7) includes mechanisms to ensure the protection of
individual privacy.
``(d) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Integrated Public Alert and Warning System
Modernization Act of 2013, the Secretary shall establish an
advisory committee to be known as the Integrated Public Alert
and Warning System Advisory Committee (in this subsection
referred to as the `Advisory Committee').
``(2) Membership.--The Advisory Committee shall be composed
of the following members:
``(A) The Chairman of the Federal Communications
Commission (or the Chairman's designee).
``(B) The Administrator of the National Oceanic and
Atmospheric Administration (or the Administrator's
designee).
``(C) The Assistant Secretary for Communications
and Information of the Department of Commerce (or the
Assistant Secretary's designee).
``(D) The Under Secretary for Science and
Technology of the Department of Homeland Security.
``(E) The Director of the Office of Disability
Integration and Coordination of the Federal Emergency
Management Agency.
``(F) The following members, to be appointed by the
Secretary as soon as practicable after the date of
enactment of the Integrated Public Alert and Warning
System Modernization Act of 2013:
``(i) Representatives of State and local
governments, representatives of emergency
management agencies, representatives of
emergency response providers, and
representatives of emergency communication
providers, selected from among individuals
nominated by national organizations
representing governments and personnel.
``(ii) Representatives from federally
recognized Indian tribes and national Indian
organizations.
``(iii) Individuals who have the requisite
technical knowledge and expertise to serve on
the Advisory Committee, including
representatives of--
``(I) communications service
providers;
``(II) vendors, developers, and
manufacturers of systems, facilities,
equipment, and capabilities for the
provision of communications services;
``(III) third-party service
bureaus;
``(IV) the broadcasting industry;
``(V) the cellular industry;
``(VI) the cable industry;
``(VII) the satellite industry;
``(VIII) national organizations
representing individuals with
disabilities and access and functional
needs, and the elderly; and
``(IX) national organizations
representing educational institutions,
including higher education.
``(iv) Qualified representatives of such
other stakeholders and interested and affected
parties as the Secretary considers appropriate.
``(3) Chairperson.--The Secretary (or the Secretary's
designee) shall serve as the Chairperson of the Advisory
Committee.
``(4) Meetings.--
``(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 120
days after the date of enactment of the Integrated
Public Alert and Warning System Modernization Act of
2013.
``(B) Other meetings.--After the initial meeting,
the Advisory Committee shall meet, at least annually,
at the call of the Chairperson.
``(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
``(5) Rules.--The Advisory Committee may adopt such rules
as are necessary to carry out its duties.
``(6) Consultation with nonmembers.--The Advisory Committee
and the program office for the integrated public alert and
warning system of the United States shall regularly meet with
groups that are not represented on the Advisory Committee to
consider new and developing technology that may be beneficial
to the public alert and warning system, such as--
``(A) the Defense Advanced Research Projects
Agency;
``(B) entities engaged in federally funded
research; and
``(C) academic institutions engaged in relevant
work and research.
``(7) Recommendations.--The Advisory Committee shall
develop and submit in the annual reports under paragraph (8)
recommendations for the continuation and improvement of an
integrated public alert and warning system, including--
``(A) recommendations for common alerting and
warning protocols, standards, terminology, and
operating procedures for the public alert and warning
system;
``(B) an assessment of the accomplishments and
deficiencies of the public alert and warning system, as
well as the impact on current alert and warning
systems;
``(C) recommendations for increasing participation
in the system, particularly among elementary,
secondary, and higher education institutions; and
``(D) recommendations for improvements to the
system, including recommendations to provide for a
public alert and warning system that--
``(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks,
multiple communication systems and technologies
or personal user preferences, as appropriate;
``(ii) has the capability to alert and warn
individuals with disabilities and access and
functional needs and individuals with limited
English proficiency;
``(iii) incorporates multiple
communications technologies;
``(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
``(v) encourages proper use by State and
local governments of the public alert and
warning system through training programs and
other means;
``(vi) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
``(vii) promotes local and regional public
and private partnerships to enhance community
preparedness and response;
``(viii) promotes the participation of
representatives from underserved and
underrepresented communities, to ensure that
alerts and warnings reach such populations; and
``(ix) provides redundant alert mechanisms
where practicable so as to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
``(8) Report.--Not later than 1 year after the date of
enactment of the Integrated Public Alert and Warning System
Modernization Act of 2013, and every year after, the Advisory
Committee shall submit to the Secretary a report containing the
recommendations of the Advisory Committee.
``(9) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
``(e) Report.--Not later than 1 year after the date on which the
system established under subsection (a) is fully functional and every
six months thereafter, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, a report on
the functionality and performance of the integrated public alert and
warning system, including--
``(1) the findings of the most recent Advisory Committee
report under subsection (d)(8);
``(2) an assessment of the accomplishments and deficiencies
of the system;
``(3) recommendations for improvements to the system; and
``(4) information on the feasibility and effectiveness of
disseminating homeland security information and other
information, notices, and alerts prior to and following an
incident requiring use of the system.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $13,400,000 for
each of fiscal years 2014 and 2015.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end of the items
relating to such title the following:
``Sec. 526. National integrated public alert and warning system
modernization.''.
(b) Limitation on Statutory Construction.--
(1) In general.--Nothing in this Act (including the
amendment made by this Act) shall be construed--
(A) to affect the authority of the Department of
Commerce, the authority of the Federal Communications
Commission, or the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
(B) to provide the Secretary of Homeland Security
authority to require any action by the Federal
Communications Commission, the Department of Commerce,
or any nongovernment entity, or to affect any existing
obligations of those entities; or
(C) to apply to, or provide the Administrator of
the Federal Emergency Management Agency any authority
over, any participating commercial mobile service
provider.
(2) Participating commercial mobile service provider
defined.--For purposes of this subsection, the term
``participating commercial mobile service provider'' has the
same meaning as such term has in section 10.10(f) of title 47,
Code of Federal Regulations, as in effect on the date of the
enactment of this Act.
(c) Homeland Security Grants.--Section 2008(a) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following new
paragraph:
``(13) improving public alert and warning capabilities;
and''. | Integrated Public Alert and Warning System Modernization Act of 2013 - Amends the Homeland Security Act of 2002 (HSA) to direct the Secretary of Homeland Security to modernize and implement the national integrated public alert and warning system, including by: (1) establishing or adapting common alerting and warning protocols, standards, terminology, and operating procedures; (2) including the capability to adapt the dissemination of information and the content of communications on the basis of geographic location, risks, or personal user preferences and the capability to alert, warn, and provide the equivalent amount of information to individuals with disabilities and access and functional needs; (3) ensuring the conduct of training, tests, and exercises for the system that are incorporated into other training and exercise programs of the Department of Homeland Security (DHS); (4) ensuring that ongoing training, integrated into the National Incident Management System, for receiving and disseminating public alert and warning system messages utilizing advanced technologies is provided to state, local, tribal, and other homeland security stakeholders; (5) ensuring that the system uses the National Terrorism Advisory System; (6) conducting periodic nationwide tests of the system at least once every three years; and (7) consulting, coordinating, and cooperating with other federal agencies and with state, local, and tribal governments, the private sector, and other key stakeholders to leverage existing alert and warning capabilities. Requires the Secretary to ensure that the system: (1) incorporates redundant and diverse modes to disseminate warning messages to reach the greatest number of individuals; (2) can be adapted to incorporate future technologies; (3) is resilient, secure, and can withstand acts of terrorism and other external attacks; (4) promotes state, local, tribal, and regional partnerships to enhance coordination; (5) is designed to provide alerts that are accessible to the largest portion of the affected population feasible and to improve the ability of remote areas and areas with underdeveloped telecommunications infrastructure to receive alerts; and (6) includes mechanisms to ensure the protection of individual privacy. Directs the Secretary to establish the Integrated Public Alert and Warning System Advisory Committee, which shall submit annual recommendations for the continuation and improvement of such system. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to permit the use of homeland security grant funds to improve public alert and warning capabilities. | Integrated Public Alert and Warning System Modernization Act of 2013 |
SECTION 1. TREATMENT OF FUNERAL TRUSTS.
(a) In General.--Subpart F of part I of subchapter J of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 684. TREATMENT OF FUNERAL TRUSTS.
``(a) In General.--In the case of a qualified funeral trust--
``(1) subparts B, C, D, and E shall not apply, and
``(2) no deduction shall be allowed by section 642(b).
``(b) Qualified Funeral Trust.--For purposes of this section, the
term `qualified funeral trust' means any trust (other than a foreign
trust) if--
``(1) the trust arises as a result of a contract with a
person engaged in the trade or business of providing funeral or
burial services or property necessary to provide such services,
``(2) the sole purpose of the trust is to hold, invest, and
reinvest funds in the trust and to use such funds solely to
make payments for such services or property for the benefit of
the beneficiaries of the trust,
``(3) the only beneficiaries of such trust are individuals
who have entered into contracts described in paragraph (1) to
have such services or property provided at their death,
``(4) the only contributions to the trust are contributions
by or for the benefit of such beneficiaries, and
``(5) the trust would (but for this section) be treated as
owned by the beneficiaries under subpart E.
``(c) Dollar Limitation on Contributions.--
``(1) In general.--The term `qualified funeral trust' shall
not include any trust which accepts aggregate contributions by
or for the benefit of an individual in excess of $7,000.
``(2) Related trusts.--For purposes of paragraph (1), all
trusts having trustees which are related persons shall be
treated as 1 trust. For purposes of the preceding sentence,
persons are related if--
``(A) the relationship between such persons would
result in the disallowance of losses under section 267
or 707(b),
``(B) such persons are treated as a single employer
under subsection (a) or (b) of section 52, or
``(C) the Secretary determines that treating such
persons as related is necessary to prevent avoidance of
the purposes of this section.
``(3) Inflation adjustment.--In the case of any contract
referred to in subsection (b)(1) which is entered into during
any calendar year after 1997, the dollar amount referred to
paragraph (1) shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year, by
substituting `calendar year 1996' for `calendar year
1992' in subparagraph (B) thereof.
If any dollar amount after being increased under the preceding
sentence is not a multiple of $100, such dollar amount shall be
rounded to the nearest multiple of $100.
``(d) Application of Rate Schedule.--Section 1(e) shall be applied
to each qualified funeral trust by treating each beneficiary's interest
in each such trust as a separate trust.
``(e) Treatment of Amounts Refunded to Beneficiary on
Cancellation.--No gain or loss shall be recognized to a beneficiary
described in subsection (b)(3) of any qualified funeral trust by reason
of any payment from such trust to such beneficiary by reason of
cancellation of a contract referred to in subsection (b)(1). If any
payment referred to in the preceding sentence consists of property
other than money, the basis of such property in the hands of such
beneficiary shall be the same as the trust's basis in such property
immediately before the payment.
``(f) Exception if Interest Paid To Beneficiaries Pursuant to
Election.--If, on or before the date on which a qualified funeral trust
is established, the trustee, pursuant to an agreement with a
beneficiary of such trust, elects to pay (not less than annually) to
such beneficiary all income of the trust which is attributable to such
beneficiary, then for purposes of this title such beneficiary's
interest in such trust shall be treated as a separate trust to which
this section does not apply. The election under this subsection, once
made, shall be irrevocable.
``(g) Simplified Reporting.--The Secretary may prescribe rules for
simplified reporting of all qualified funeral trusts having a single
trustee.''
(b) Clerical Amendment.--The table of sections for subpart F of
part I of subchapter J of chapter 1 is amended by adding at the end the
following new item:
``Sec. 684. Treatment of funeral
trusts.''
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to items which, but for such amendment, would be taken
into account in taxable years of a grantor or beneficiary which
end after the date of the enactment of this Act.
(2) Trusts established before date of enactment.--In the
case of a trust established before the date of the enactment of
this Act, section 684(f) of such Code (as added by this
section) shall be applied by treating an election which is made
before the end of the 1-year period beginning with the date of
the enactment of this Act as if such election were made on or
before the date on which the trust was established, if such
election is made pursuant to an agreement, described in such
section 684(f), entered into during such period. | Amends the Internal Revenue Code to provide for the treatment of, as well as define, a qualified funeral trust. | To amend the Internal Revenue Code of 1986 to clarify the treatment of funeral trusts. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Workforce State Income Tax
Simplification Act of 2012''.
SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE
INCOME.
(a) In General.--No part of the wages or other remuneration earned
by an employee who performs employment duties in more than one State
shall be subject to income tax in any State other than--
(1) the State of the employee's residence; and
(2) the State within which the employee is present and
performing employment duties for more than 30 days during the
calendar year in which the wages or other remuneration is
earned.
(b) Wages or Other Remuneration.--Wages or other remuneration
earned in any calendar year shall not be subject to State income tax
withholding and reporting requirements unless the employee is subject
to income tax in such State under subsection (a). Income tax
withholding and reporting requirements under subsection (a)(2) shall
apply to wages or other remuneration earned as of the commencement date
of employment duties in the State during the calendar year.
(c) Operating Rules.--For purposes of determining penalties related
to an employer's State income tax withholding and reporting
requirements--
(1) an employer may rely on an employee's annual
determination of the time expected to be spent by such employee
in the States in which the employee will perform duties
absent--
(A) the employer's actual knowledge of fraud by the
employee in making the determination; or
(B) collusion between the employer and the employee
to evade tax;
(2) except as provided in paragraph (3), if records are
maintained by an employer in the regular course of business
that record the location of an employee, such records shall not
preclude an employer's ability to rely on an employee's
determination under paragraph (1); and
(3) notwithstanding paragraph (2), if an employer, at its
sole discretion, maintains a time and attendance system that
tracks where the employee performs duties on a daily basis,
data from the time and attendance system shall be used instead
of the employee's determination under paragraph (1).
(d) Definitions and Special Rules.--For purposes of this Act:
(1) Day.--
(A) Except as provided in subparagraph (B), an
employee is considered present and performing
employment duties within a State for a day if the
employee performs more of the employee's employment
duties within such State than in any other State during
a day.
(B) If an employee performs employment duties in a
resident State and in only one nonresident State during
one day, such employee shall be considered to have
performed more of the employee's employment duties in
the nonresident State than in the resident State for
such day.
(C) For purposes of this paragraph, the portion of
the day during which the employee is in transit shall
not be considered in determining the location of an
employee's performance of employment duties.
(2) Employee.--The term ``employee'' has the same meaning
given to it by the State in which the employment duties are
performed, except that the term ``employee'' shall not include
a professional athlete, professional entertainer, or certain
public figures.
(3) Professional athlete.--The term ``professional
athlete'' means a person who performs services in a
professional athletic event, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional athlete.
(4) Professional entertainer.--The term ``professional
entertainer'' means a person who performs services in the
professional performing arts for wages or other remuneration on
a per-event basis, provided that the wages or other
remuneration are paid to such person for performing services in
his or her capacity as a professional entertainer.
(5) Certain public figures.--The term ``certain public
figures'' means persons of prominence who perform services for
wages or other remuneration on a per-event basis, provided that
the wages or other remuneration are paid to such person for
services provided at a discrete event, in the nature of a
speech, public appearance, or similar event.
(6) Employer.--The term ``employer'' has the meaning given
such term in section 3401(d) of the Internal Revenue Code of
1986 (26 U.S.C. 3401(d)), unless such term is defined by the
State in which the employee's employment duties are performed,
in which case the State's definition shall prevail.
(7) State.--The term ``State'' means any of the several
States.
(8) Time and attendance system.--The term ``time and
attendance system'' means a system in which--
(A) the employee is required on a contemporaneous
basis to record his work location for every day worked
outside of the State in which the employee's employment
duties are primarily performed; and
(B) the system is designed to allow the employer to
allocate the employee's wages for income tax purposes
among all States in which the employee performs
employment duties for such employer.
(9) Wages or other remuneration.--The term ``wages or other
remuneration'' may be limited by the State in which the
employment duties are performed.
SEC. 3. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This Act shall take effect on January 1 of the
2d year that begins after the date of the enactment of this Act.
(b) Applicability.--This Act shall not apply to any tax obligation
that accrues before the effective date of this Act. | Mobile Workforce State Income Tax Simplification Act of 2012 - Prohibits the wages or other remuneration earned by an employee who performs employment duties in more than one state from being subject to income tax in any state other than: (1) the state of the employee's residence, and (2) the state within which the employee is present and performing employment duties for more than 30 days during the calendar year. Exempts employers from withholding of tax and information reporting requirements for employees not subject to income tax under this Act. Allows an employer, for purposes of determining penalties related to employer withholding or reporting requirements, to rely on an employee's annual determination of the time such employee will spend working in a state in the absence of fraud or collusion by such employee.
Exempts from the definition of "employee" for purposes of this Act professional athletes, professional entertainers, and public figures who are persons of prominence who perform services for wages or other remuneration on a per-event basis. | A bill to limit the authority of States to tax certain income of employees for employment duties performed in other States. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Leakage Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) All domestic and foreign industries should contribute
to climate stabilization.
(2) Domestic producers of certain energy-intensive products
subject to international competition present a unique challenge
for United States climate policy because increased costs
associated with compliance may unintentionally cause domestic
industry to divert new investments and production to facilities
located in countries without commensurate greenhouse gas
regulation.
(3) Without exempting any industries, the United States
must move forward with economy-wide action on climate change
while reducing incentives for producers to relocate to
unregulated countries, which could displace both jobs and
emissions.
(4) International agreements are the most appropriate means
to reduce emissions from energy-intensive industries because
unilateral domestic efforts to reduce greenhouse gas emissions
could accelerate the relocation of energy-intensive
manufacturing abroad.
(5) Carbon leakage can be mitigated substantially through
the output-based distribution of emission allowances.
(6) Output-based emission allowance distribution is an
appropriate temporary measure that should complement other
targeted domestic and international policies and agreements
meant to encourage United States trading partners to
substantially reduce global greenhouse gas emissions.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To compensate certain facilities from a subset of
eligible domestic industrial sectors for carbon emission costs
incurred under any cap-and-trade program.
(2) To limit compensation to facilities in eligible
industrial sectors to an amount of emission allowances that
will prevent carbon leakage while also rewarding innovation and
facility-level investments in performance improvements.
(3) To provide compensation to the owners and operators of
facilities for both the direct and indirect costs of purchasing
emission allowances needed for compliance with a domestic cap-
and-trade program, but not for costs associated with other
related or unrelated market dynamics.
(4) To prevent carbon leakage resulting from direct and
indirect compliance costs incurred under a domestic cap-and-
trade program.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``cap-and-trade program'' means an economy-
wide program enacted by Congress that distributes or auctions
emission allowances for the control of greenhouse gas
emissions.
(3) The term ``carbon dioxide equivalent'' means, for each
greenhouse gas, the quantity of greenhouse gas that the
Administrator determines makes the same contribution to global
warming as 1 metric ton of carbon dioxide.
(4) The term ``carbon leakage'' means any substantial
increase (as determined by the Administrator) in greenhouse gas
emissions by manufacturing facilities located in countries
without commensurate greenhouse gas regulation caused by an
incremental cost of production increase in the United States as
a result of a domestic cap-and-trade program.
(5) The term ``covered facility'' means, for each calendar
year, a facility that emits greenhouse gases in that year and
that has an obligation to submit emission allowances for such
greenhouse gas emissions under any cap-and-trade program.
(6) The term ``emission allowance'' means an authorization,
under any cap-and-trade program, to emit 1 carbon dioxide
equivalent of greenhouse gas.
(7) The term ``facility'' means 1 or more buildings,
structures, or installations of an entity on 1 or more
contiguous or adjacent properties located in the United States.
(8) The term ``greenhouse gas'' means any gas designated as
a greenhouse gas under a cap-and-trade program.
(9) The term ``output'' means the total tonnage or other
standard unit of production (as determined by the
Administrator) produced by a manufacturing facility.
SEC. 5. DISTRIBUTION OF EMISSION ALLOWANCES TO CERTAIN ENERGY-INTENSIVE
MANUFACTURING FACILITIES.
(a) Distribution of Emission Allowances.--
(1) In general.--The Administrator shall annually
distribute emission allowances, in amounts calculated under
subsection (c), to the owners and operators of facilities in
eligible industrial sectors and subsectors identified under
subsection (b), subject to the maximum quantity limitation
established under paragraph (2) of this subsection.
(2) Maximum.--The maximum quantity of emission allowances
distributed under paragraph (1) each year shall equal 15
percent of the total quantity of allowances distributed or
auctioned under a cap-and-trade program for emissions occurring
during the first year for which allowances are required to be
submitted under such program. If the total allowances
calculated under subsection (c) exceed such maximum, the
Administrator shall reduce the amount distributed to owners and
operators under paragraph (1) on a pro rata basis.
(b) Eligible Industrial Sectors and Subsectors.--
(1) In general.--Not later than January 1, 2011, the
Administrator shall promulgate a rule identifying, based on the
criteria under paragraph (2), the industrial sectors and
subsectors eligible to receive emission allowances under this
Act. The Administrator shall consider, among others, the iron,
steel, pulp, paper, cement, rubber, basic chemicals, glass,
industrial ceramics, and aluminum and other non-ferrous metals
industrial sectors and subsectors.
(2) Criteria.--To minimize the potential for carbon
leakage, in identifying eligible sectors and subsectors under
paragraph (1), the Administrator shall take into account each
of the following:
(A) The greenhouse gas intensity of the domestic
production, including direct emissions from the
combustion of fuels and process emissions at the
facility and the indirect emissions by electric power
providers.
(B) The potential for greater foreign sourcing of
production or services and the effect of international
competition on domestic production.
(C) The effect of international markets on product
pricing.
(D) The potential for net imports to increase or
exports to decrease (resulting in a loss of market
share held by domestic manufacturers to manufacturers
located in other countries) caused by the direct and
indirect compliance costs under a domestic cap-and-
trade program.
(E) The state of international negotiations,
agreements, and activities to reduce global greenhouse
gas emissions.
(c) Calculation of Allowances.--
(1) Covered facilities.--Except as provided in subsection
(a)(2), the quantity of emission allowances distributed by the
Administrator under this Act for a calendar year to the owner
or operator of a covered facility shall be equal to the sum of
the facility's direct compliance allowance factor and the
facility's indirect carbon allowance factor. Calculations under
this paragraph shall be based on data from 2 calendar years
prior to the calendar year of distribution. For purposes of
determining such amounts:
(A) Direct compliance allowance factor.--The direct
compliance allowance factor for a facility for a
calendar year is the amount obtained by multiplying the
output of the facility by 85 percent of the average
tonnage of greenhouse gas emissions per unit of output
for all facilities in the sector or subsector, as
determined by the Administrator based on reports
provided under subparagraph (C).
(B) Indirect carbon allowance factor.--The indirect
carbon allowance factor for a facility for a calendar
year is the product obtained by multiplying the total
output of the facility by the fraction set forth in
clause (i) (the emissions intensity factor) and the
fraction set forth in clause (ii) (the electricity
efficiency factor) for the year concerned.
(i) Emissions intensity factor.--
(I) Regulated electricity
markets.--In a regulated electricity
market, the emissions intensity factor
is the average tonnage of greenhouse
gas emissions per kilowatt hour of the
electricity purchased by the facility,
as determined by the facility owner or
operator based on reports provided
under subparagraph (D).
(II) Wholesale competitive
electricity markets.--In a wholesale
competitive electricity market, the
emissions intensity factor is the
average tonnage of greenhouse gas
emissions per kilowatt hour of the
marginal source of supply of
electricity purchased by the facility,
as determined by the facility owner or
operator based on reports provided
under subparagraph (D).
(ii) Electricity efficiency factor.--The
electricity efficiency factor is 85 percent of
the average amount of electricity (in kilowatt
hours) used per ton of production for all
facilities in the sector or subsector
concerned, as determined by the Administrator
based on reports provided under subparagraph
(C).
(C) Report to administrator.--Each owner or
operator of a facility in any sector or subsector
identified under subsection (b) and each department,
agency, or instrumentality of the United States shall
provide the Administrator with such information as the
Administrator finds necessary to determine the direct
compliance allowance factor and the indirect carbon
allowance factor for each facility subject to this Act.
(D) Greenhouse gases from electricity.--Each person
selling electricity to the owner or operator of a
facility in any sector or subsector identified under
subsection (b) shall provide the owner or operator of
the facility and the Administrator, on a quarterly
basis, such information as is required to determine the
emissions intensity factor under subparagraph (B)(i).
(E) Emissions intensity factor reduction.--The
numerator of the emissions intensity factor under
subparagraph (B)(i) shall be reduced by the tonnage of
allowances the Administrator determines are distributed
at no cost under any cap-and-trade program to the
person making the sale of electricity and are used by
such person to prevent electricity rate increases to
the owner or operator of the facility.
(F) Iron and steel sector or subsectors.--For the
purposes of determining the quantity of emission
allowances to be distributed under this section to the
owner or operator of any iron and steel manufacturing
facility in a sector or subsector identified under
subsection (b), the Administrator shall differentiate
between facilities using integrated iron and
steelmaking technologies (including coke ovens, blast
furnaces, and other iron-making technologies) and
facilities using electric arc furnace technologies when
calculating sector or subsector averages under
subparagraphs (A) and (B)(ii).
(2) Other eligible entities.--The quantity of emission
allowances distributed by the Administrator for a calendar year
to an owner or operator of a facility in an eligible industrial
sector or subsector that is not a covered facility shall be
equal to the indirect carbon allowance factor for the facility,
as determined under paragraph (1)(B). Calculations under this
paragraph shall be based on data from 2 calendar years prior to
the calendar year of distribution.
(3) New facilities.--
(A) First and second year of operation.--In the
first and second year of operation of a facility in any
sector or subsector identified under subsection (b),
the owner or operator of such facility shall receive a
quantity of emission allowances under this Act equal to
emission allowances distributed under this Act to the
owner or operator of a comparable facility in the same
sector or subsector that produces equivalent output
using a substantially similar production process, as
determined by the Administrator.
(B) Subsequent years of operation.--In the third
year of operation of a facility in any sector or
subsector identified under subsection (b), the
Administrator shall adjust the quantity of emission
allowances to be distributed to the owner or operator
of such facility in such year to reconcile the total
quantity of allowances received during the first and
second years of operation to the quantity the facility
would have received during the first and second years
of operation had the appropriate data been available
for such years.
SEC. 6. REPORTS TO CONGRESS.
Not later than one year after the first year in which allowances
are distributed pursuant to this Act, and at least every two years
thereafter, the Administrator, in consultation with the Secretary of
Commerce, the Secretary of Energy, the Secretary of State, and the
United States Trade Representative, shall submit to Congress a report
on the carbon leakage of domestic energy-intensive industrial
manufacturers and the effectiveness of the distribution of emission
allowances under section 5 in achieving the purposes of this Act. Such
reports shall include recommendations on how to better achieve the
purposes of this Act.
SEC. 7. MODIFICATION OR ELIMINATION OF DISTRIBUTION OF ALLOWANCES TO
ENERGY-INTENSIVE MANUFACTURING FACILITIES.
(a) Presidential Determination and Modification.--If the President
finds that international governmental activities to reduce global
greenhouse gas emissions have substantially mitigated--
(1) the disadvantage to domestic manufacturers of energy-
intensive products subject to competition from facilities in
countries without commensurate greenhouse gas regulation; and
(2) the carbon leakage and related diversion of production
of such products to facilities located in countries without
commensurate greenhouse gas regulation;
then the Administrator shall, pursuant to a rule, reduce the amount of
emission allowances distributed under this Act in an amount reasonably
calculated to achieve the purposes of this Act.
(b) Termination.--If the President determines that the competitive
disadvantage to domestic manufacturers described in subsection (a) has
been rendered insignificant, the Administrator shall terminate the
distribution of emission allowances under this Act. | Carbon Leakage Prevention Act - Directs the Administrator of the Environmental Protection Agency (EPA) to annually distribute emission allowances to the owners and operators of facilities in eligible industrial sectors that are subject to a national cap and trade program. Requires the Administrator to identify the industrial sectors eligible to receive emission allowances under this Act based on specified criteria that includes: (1) the greenhouse gas intensity of the domestic production; and (2) the potentional for greater foreign sourcing of production or services and the effect of international competition on domestic production.
Sets forth calculations for determining the quantity of emission allowances to be distributed by the Administrator under this Act for a calendar year to an owner or operator based on a direct compliance allowance factor and an indirect carbon allowance factor accounting for emissions intensity and electricity efficiency. Requires the Administrator to differentiate between iron and steel manufacturing facilities using integrated iron and steelmaking technologies and facilities using electric arc furnace technologies.
Requires the Administrator to report to Congress biennially on the carbon leakage of domestic energy-intensive industrial manufacturers and the effectiveness of the emission allowances distributed under this Act.
Directs the Administrator to reduce or terminate the distribution of emission allowances under this Act if the President determines that international governmental activities to reduce global greenhouse gas emissions have substantially mitigated or rendered insignificant: (1) the competitive disadvantage to U.S. manufacturers; and (2) the carbon leakage and related diversion of production to foreign facilities. | To distribute emission allowances under a domestic climate policy to facilities in certain domestic energy-intensive industrial sectors to prevent an increase in greenhouse gas emissions by manufacturing facilities located in countries without commensurate greenhouse gas regulation, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Species Conservation
Incentives Act of 1995''.
SEC. 2. DESIGNATIONS OF OVERPAYMENTS FOR ENDANGERED SPECIES
CONSERVATION.
(a) General Rule.--Subchapter A of chapter 61 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
part:
``PART IX--DESIGNATION OF OVERPAYMENTS FOR ENDANGERED SPECIES
CONSERVATION
``Sec. 6097. Amounts for endangered
species conservation.
``SEC. 6097. AMOUNTS FOR ENDANGERED SPECIES CONSERVATION.
``(a) In General.--With respect to each taxpayer's return for the
taxable year of the tax imposed by chapter 1, such taxpayer may
designate that any overpayment of such tax for such taxable year be
paid over for endangered species conservation.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of the tax imposed by chapter 1 for such
taxable year. Such designation shall be made on the first page of the
return.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any overpayment of tax designated under subsection (a) shall be
treated as being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the date the
return is filed.''
(b) Endangered Species Conservation Trust Fund.--
(1) In general.--Subchapter A of chapter 98 of such Code
(relating to trust fund code) is amended by adding at the end
the following new section:
``SEC. 9512. ENDANGERED SPECIES CONSERVATION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Endangered
Species Conservation Trust Fund', consisting of such amounts as may be
appropriated or credited to the Endangered Species Conservation Trust
Fund as provided in this section or section 9602(b).
``(b) Transfer to Endangered Species Conservation Trust Fund of
Amounts Designated.--There is hereby appropriated to the Endangered
Species Conservation Trust Fund amounts equivalent to the amounts
designated under section 6097 and received in the Treasury.
``(c) Expenditures From Trust Fund.--
``(1) In general.--The Secretary shall pay, not less often
than quarterly, to Secretary of the Interior from the
Endangered Species Conservation Trust Fund an amount equal to
the amount in such Fund as of the time of such payment less any
administrative expenses of the Secretary which may be paid
under paragraph (2).
``(2) Administrative expenses.--Amounts in the Endangered
Species Conservation Trust Fund shall be available to pay the
administrative expenses of the Department of the Treasury
directly allocable to--
``(A) modifying the individual income tax return
forms to carry out section 6097,
``(B) carrying out this chapter with respect to
such Fund, and
``(C) processing amounts received under section
6097 and transferring such amounts to such Fund.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of overpayments
for endangered species
conservation.''
(2) The table of sections for such subchapter A is amended
by adding at the end the following new item:
``Sec. 9512. Endangered Species
Conservation Trust Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of enactment of this
Act.
SEC. 3. EXCLUSION FROM ESTATE FOR REAL PROPERTY SUBJECT TO ENDANGERED
SPECIES CONSERVATION AGREEMENT.
(a) In General.--Part IV of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to taxable estate) is amended
by adding at the end the following new section:
``SEC. 2057. CERTAIN REAL PROPERTY SUBJECT TO ENDANGERED SPECIES
CONSERVATION AGREEMENT.
``(a) General Rule.--For purposes of the tax imposed by section
2001, the value of the taxable estate shall be determined by deducting
from the value of the gross estate an amount equal to the value of any
endangered species agreement property included in the gross estate.
``(b) Endangered Species Agreement Property.--For purposes of this
section, the term `endangered species agreement property' means any
real property if--
``(1) each person who has an interest in such property
(whether or not in possession)--
``(A) has entered into an endangered species
conservation agreement with respect to such property,
and
``(B) has entered into a written agreement with the
Secretary consenting to the application of subsection
(d), and
``(2) the executor of the decedent's estate--
``(A) elects the application of this section, and
``(B) files with the Secretary such endangered
species conservation agreement.
``(c) Endangered Species Conservation Agreement.--For purposes of
this section, the term `endangered species conservation agreement'
means a written agreement, entered into with the Secretary of the
Interior or the Secretary of Commerce--
``(1) which commits each person who signed such agreement
to carry out on such property activities or practices not
otherwise required by law, or to refrain from carrying out on
such property activities or practices that such person could
otherwise lawfully carry out, or both,
``(2) which is certified by such Secretary as assisting in
the conservation of any species which is--
``(A) designated by such Secretary as an endangered
or threatened species under the Endangered Species Act
of 1973,
``(B) proposed for such designation, or
``(C) officially identified by such Secretary as a
candidate for possible future protection as an
endangered or threatened species, and
``(3) the duration of which is at least 10 years.
``(d) Coordination With Other Benefits.--No credit shall be allowed
under section 30A with respect to any endangered species conservation
agreement with respect to which an election under this section is made.
``(e) Recapture of Tax Benefit in Certain Cases.--
``(1) Disposition of interest or material breach.--
``(A) In general.--Except as provided in
subparagraph (C), if, at any time during the 10-year
period beginning on the date the endangered species
conservation agreement is entered into with respect to
any property--
``(i) any person disposes of any interest
in such property, or
``(ii) there is a material breach by any
person who holds an interest in such property
of any endangered species conservation
agreement with respect to such property,
then there is hereby imposed an additional estate tax.
``(B) Amount of tax.--The amount of the tax imposed
by subparagraph (A) with respect to any interest shall
be the amount equal to the lesser of--
``(i) the adjusted tax difference
attributable to such interest (determined under
rules similar to the rules of section
2032A(c)(2)), or
``(ii) the amount realized with respect to
the interest (or, in any case other than a sale
or exchange at arm's length, the fair market
value of the interest.
``(C) Exception if transferee assumes obligations
of transferor.--Subparagraph (A) shall not apply to a
disposition if the transferee enters into a binding
written agreement--
``(i) to assume the obligations imposed on
the transferor under the endangered species
conservation agreement;
``(ii) to assume liability for any tax
imposed under subparagraph (A) with respect to
any future dispositions or breaches by such
transferee; and
``(iii) to notify the Secretary who entered
into the endangered species conservation
agreement and the Secretary that the transferee
has assumed the obligations and liabilities
described in clauses (i) and (ii).
``(2) Due date of additional tax.--The tax imposed by
paragraph (1) shall become due and payable on the day that is 6
months after the date of the disposition or breach referred to
in paragraph (1)(A).
``(f) Statute of Limitations.--If a taxpayer incurs a tax liability
pursuant to subsection (e)(1), then--
``(1) the statutory period for the assessment of any
additional tax imposed by subsection (e)(1) shall not expire
before the expiration of 3 years from the date the Secretary is
notified (in such manner as the Secretary may by regulation
prescribe) of the incurring of such tax liability, and
``(2) such additional tax may be assessed before the
expiration of such 3-year period notwithstanding the provisions
of any other law or rule of law that would otherwise prevent
such assessment.
``(g) Election and Filing of Agreement.--The election under this
section shall be made on the return of the tax imposed by section 2001.
Such election, and the filing under subsection (a) of an endangered
species conservation agreement, shall be made in such manner as the
Secretary shall by regulation provide.''
(b) Clerical Amendment.--The table of sections for part IV of
subchapter A of chapter 11 of such Code is amended by adding at the end
the following new item:
``Sec. 2057. Certain real property
subject to endangered species
conservation agreement.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 4. ENHANCED DEDUCTION FOR DONATION OF A CONSERVATION EASEMENT.
(a) In General.-- Subsection (h) of section 170 of the Internal
Revenue Code of 1986 (relating to charitable, etc., contributions and
gifts) is amended by adding at the end the following new paragraph:
``(7) Enhanced valuation of easement for protection of
endangered species.--
``(A) In general.--For purposes of this section, if
the taxpayer elects the application of this paragraph,
the value of any contribution of a qualified endangered
species easement shall be an amount equal to the excess
of--
``(i) the value of the property burdened by
the easement, determined without regard to--
``(I) such easement, and
``(II) any restrictions imposed by
the Endangered Species Act of 1973,
over
``(ii) the value of such property,
determined with regard to such easement and
restrictions.
``(B) Qualified endangered species easement.--For
purposes of this paragraph, the term `qualified
endangered species easement' means any restriction
referred to in paragraph (1)(C) contributed to the
Secretary of the Interior, the Secretary of Commerce,
or a State agency implementing an endangered species
program for the purpose described in paragraph
(4)(A)(iii). For purposes of the preceding sentence, a
restriction which is granted for at least 20 years
shall be treated as granted in perpetuity.''
(b) Protection of Endangered Species as Conservation Purpose.--
(1) Subparagraph (A) of section 170(h)(4) of such Code is
amended by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively, and by inserting after clause (ii) the
following new clause:
``(iii) the protection of a species
designated endangered by the Secretary of the
Interior, or the Secretary of Commerce, under
the Endangered Species Act of 1973,''.
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
SEC. 5. CREDIT FOR COSTS OF COMPLIANCE WITH ENDANGERED SPECIES
CONSERVATION AGREEMENT.
(a) In General.--Subpart B 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. 30A. COSTS OF COMPLIANCE WITH ENDANGERED SPECIES CONSERVATION
AGREEMENT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
endangered species conservation agreement costs paid or incurred by the
taxpayer during the taxable year.
``(b) Endangered Species Conservation Agreement Costs.--For
purposes of subsection (a), the term `endangered species conservation
agreement costs' means expenses which would not have been incurred by
the taxpayer but for an endangered species conservation agreement (as
defined in section 2057(c) but without regard to paragraph (3) thereof)
entered into by the taxpayer.
``(c) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under subpart A and sections 27,
28, 29, and 30, over
``(2) the tentative minimum tax for the taxable year.''
(b) Clerical Amendment.--The table of sections for such subpart B
is amended by adding at the end the following new item:
``Sec. 30A. Costs of compliance with
endangered species conservation
agreement.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Endangered Species Conservation Incentives Act of 1995 - Amends the Internal Revenue Code to permit a taxpayer to designate any overpayment for endangered species conservation.
Establishes the Endangered Species Conservation Trust Fund in the Treasury into which the designated amount will be transferred.
Deducts from the value of a taxable estate an amount equal to the value of any endangered species agreement property included in the estate. Provides for the recapture of such benefit in certain cases.
Sets forth a provision providing for the valuation of a conservation easement.
Allows a limited credit for endangered species conservation agreement costs. | Endangered Species Conservation Incentives Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Quality Incentive Act of
2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Recent research on early brain development reveals that
much of a child's growth is determined by early learning and
nurturing care. Research also shows that quality early care and
education leads to increased cognitive abilities, positive
classroom learning behavior, increased likelihood of long-term
school success, and greater likelihood of long-term economic
and social self-sufficiency.
(2) Each day an estimated 13,000,000 children, including
6,000,000 infants and toddlers, spend some part of their day in
child care. However, a study in 4 States found that only 1 in 7
child care centers provide care that promotes healthy
development, while 1 in 8 child care centers provide care that
threatens the safety and health of children.
(3) Full-day child care can cost $4,000 to $10,000 per
year.
(4) Although Federal assistance is available for child
care, funding is severely limited. Even with Federal subsidies,
many families cannot afford child care. For families with young
children and a monthly income under $1,200, the cost of child
care typically consumes 25 percent of their income.
(5) Payment (or reimbursement) rates, which determine the
maximum the State will reimburse a child care provider for the
care of a child who receives a subsidy, are too low to ensure
that quality care is accessible to all families.
(6) Low payment rates directly affect the kind of care
children get and whether families can find quality child care
in their communities. In many instances, low payment rates
force child care providers to cut corners in ways that lower
the quality of care for children, including reducing number of
staff, eliminating staff training opportunities, and cutting
enriching educational activities and services.
(7) Children in low quality child care are more likely to
have delayed reading and language skills, and display more
aggression toward other children and adults.
(8) Increased payment rates lead to higher quality child
care as child care providers are able to attract and retain
qualified staff, provide salary increases and professional
training, maintain a safe and healthy environment, and purchase
basic supplies and developmentally appropriate educational
materials.
(b) Purpose.--The purpose of this Act is to improve the quality of,
and access to, child care by increasing child care payment rates.
SEC. 3. INCENTIVE GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
(a) Funding.--Section 658B of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858) is amended--
(1) by striking ``There'' and inserting the following:
``(a) Authorization of Appropriations.--There'';
(2) in subsection (a), by inserting ``(other than section
658H)'' after ``this subchapter''; and
(3) by adding at the end the following:
``(b) Appropriation of Funds for Grants To Improve the Quality of
Child Care.--Out of any funds in the Treasury that are not otherwise
appropriated, there are authorized to be appropriated and there are
appropriated, $500,000,000 for fiscal year 2002, and such sums as may
be necessary for each subsequent fiscal year, for the purpose of making
grants under section 658H.''.
(b) Use of Block Grant Funds.--Section 658E(c)(3) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3)) is
amended--
(1) in subparagraph (B), by striking ``under this
subchapter'' and inserting ``from funds appropriated under
section 658B(a)''; and
(2) in subparagraph (D), by inserting ``(other than section
658H)'' after ``under this subchapter''.
(c) Establishment of Program.--Section 658G(a) of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858e(a)) is amended
by inserting ``(other than section 658H)'' after ``this subchapter''.
(d) Grants To Improve the Quality of Child Care.--The Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is
amended by inserting after section 658G the following:
``SEC. 658H. GRANTS TO IMPROVE THE QUALITY OF CHILD CARE.
``(a) Authority.--
``(1) In general.--The Secretary shall use the amount
appropriated under section 658B(b) for a fiscal year to make
grants to eligible States in accordance with this section.
``(2) Annual payments.--The Secretary shall make an annual
payment for such a grant to each eligible State out of the
allotment for that State determined under subsection (c).
``(b) Eligible States.--
``(1) In general.--In this section, the term `eligible
State' means a State that--
``(A) has conducted a survey of the market rates
for child care services in the State within the 2 years
preceding the date of the submission of an application
under paragraph (2); and
``(B) submits an application in accordance with
paragraph (2).
``(2) Application.--
``(A) In general.--To be eligible to receive a
grant under this section, a State shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, in
addition to the information required under subparagraph
(B), as the Secretary may require.
``(B) Information required.--Each application
submitted for a grant under this section shall--
``(i) detail the methodology and results of
the State market rates survey conducted
pursuant to paragraph (1)(A);
``(ii) describe the State's plan to
increase payment rates from the initial
baseline determined under clause (i); and
``(iii) describe how the State will
increase payment rates in accordance with the
market survey results.
``(3) Continuing eligibility requirement.--The Secretary
may make an annual payment under this section to an eligible
State only if--
``(A) the Secretary determines that the State has
made progress, through the activities assisted under
this subchapter, in maintaining increased payment
rates; and
``(B) at least once every 2 years, the State
conducts an update of the survey described in paragraph
(1)(A).
``(4) Requirement of matching funds.--
``(A) In general.--To be eligible to receive a
grant under this section, the State shall agree to make
available State contributions from State sources toward
the costs of the activities to be carried out by a
State pursuant to subsection (d) in an amount that is
not less than 25 percent of such costs.
``(B) Determination of state contributions.--State
contributions shall be in cash. Amounts provided by the
Federal Government may not be included in determining
the amount of such State contributions.
``(c) Allotments to Eligible States.--The amount appropriated under
section 658B(b) for a fiscal year shall be allotted among the eligible
States in the same manner as amounts are allotted under section
658O(b).
``(d) Use of Funds.--
``(1) Priority use.--An eligible State that receives a
grant under this section shall use the funds received to
significantly increase the payment rate for the provision of
child care assistance in accordance with this subchapter up to
the 100th percentile of the market rate survey described in
subsection (b)(1)(A).
``(2) Additional uses.--An eligible State that demonstrates
to the Secretary that the State has achieved a payment rate of
the 100th percentile of the market rate survey described in
subsection (b)(1)(A) may use funds received under a grant made
under this section for any other activity that the State
demonstrates to the Secretary will enhance the quality of child
care services provided in the State.
``(3) Supplement not supplant.--Amounts paid to a State
under this section shall be used to supplement and not supplant
other Federal, State, or local funds provided to the State
under this subchapter or any other provision of law.
``(e) Evaluations and Reports.--
``(1) State evaluations.--Each eligible State shall submit
to the Secretary, at such time and in such form and manner as
the Secretary may require, information regarding the State's
efforts to increase payment rates and the impact increased
rates are having on the quality of, and accessibility to, child
care in the State.
``(2) Reports to congress.--The Secretary shall submit
biennial reports to Congress on the information described in
paragraph (1). Such reports shall include data from the
applications submitted under subsection (b)(2) as a baseline
for determining the progress of each eligible State in
maintaining increased payment rates.
``(f) Payment Rate.--In this section, the term `payment rate' means
the rate of reimbursement to providers for subsidized child care.''.
(e) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h(a)) is amended by inserting
``from funds appropriated under section 658B(a)'' after ``section
658O''.
(f) Allotment.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``this
subchapter'' and inserting ``section 658B(a)''; and
(B) in paragraph (2), by striking ``section 658B''
and inserting ``section 658B(a)'';
(2) in subsection (b)(1), in the matter preceding
subparagraph (A), by inserting ``each subsection of'' before
``section 658B''; and
(3) in subsection (e)--
(A) in paragraph (1), by striking ``the allotment
under subsection (b)'' and inserting ``an allotment
made under subsection (b)''; and
(B) in paragraph (3), by inserting
``corresponding'' before ``allotment''. | Child Care Quality Incentive Act of 2001 - Amends the Child Care and Development Block Grant Act of 1990 to establish a program of incentive grants to States to improve the quality of, and access to, child care by increasing child care payment rates. Sets the maximum Federal share of activity costs at 75 percent.Authorizes the Secretary of Health and Human Services to make an annual payment to an eligible State only if: (1) the Secretary determines that the State has made progress, through the assisted activities, in maintaining increased payment rates; and (2) the State updates an initial child care services market rate survey at least once every two years.Requires an eligible State that receives such a grant to make priority use of its funds to increase significantly (up to the 100th percentile of the market rate survey) the rate of reimbursement to providers for subsidized child care. | To amend the Child Care and Development Block Grant Act of 1990 to provide incentive grants to improve the quality of child care. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Families Educational Opportunity Act
of 1997''.
SEC. 2. DEDUCTION FOR QUALIFIED HIGHER EDUCATION EXPENSES.
(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 221 as
section 222 and by inserting after section 220 the following new
section:
``SEC. 221. QUALIFIED HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amount of qualified higher
education expenses paid by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount allowed as a deduction
under subsection (a) for any taxable year shall not exceed
$10,000.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount allowed as a
deduction under subsection (a) (after application of
paragraph (1)) shall be reduced (but not below zero) by
$2,000 for each $5,000 (or part thereof) by which the
taxpayer's modified adjusted gross income for such
taxable year exceeds $40,000 ($60,000 in the case of a
joint return).
``(B) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219 and 469.
For purposes of sections 86, 135, 219, and 469,
adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(C) Inflation adjustments.--
``(i) In general.--In the case of a taxable
year beginning after 1998, the $40,000 and
$60,000 amounts described in subparagraph (A)
shall each be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 1997' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $1,000,
such amount shall be rounded to the next lowest
multiple of $1,000.
``(c) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified higher education
expenses' means tuition and fees charged by an educational
institution and required for the enrollment or attendance of--
``(A) the taxpayer,
``(B) the taxpayer's spouse, or
``(C) any child of the taxpayer (within the meaning
of section 151(c)(3)), or any individual for whom the
taxpayer is the legal guardian,
as an eligible student at an eligible educational institution
(as defined in section 135(c)(3)) on a full-time basis.
``(2) Exception for education involving sports, etc.--Such
term does not include expenses with respect to any course or
other education involving sports, games, or hobbies, unless
such expenses are part of a degree program.
``(d) Special Rules.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for qualified higher education
expenses with respect to which a deduction is allowable
to the taxpayer under any other provision of this
chapter unless the taxpayer irrevocably waives his
right to the deduction of such expenses under such
other provision.
``(B) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(C) Savings bond exclusion.--A deduction shall be
allowed under subsection (a) for qualified higher
education expenses only to the extent the amount of
such expenses exceeds the amount excludable under
section 135 for the taxable year.
``(2) Limitation on taxable year of deduction.--A deduction
shall be allowed under subsection (a) for any taxable year only
to the extent the qualified higher education expenses are in
connection with--
``(A) attendance during the taxable year, or
``(B) an academic term beginning during such
taxable year or during the 1st 3 months of the next
taxable year.''
(b) Deduction Allowed Without Itemization.--Section 62(a) is
amended by inserting after paragraph (16) the following new paragraph:
``(17) Qualified higher education expenses.--The deduction
allowed by section 221.''
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 221 and inserting:
``Sec. 221. Higher education expenses.
``Sec. 222. Cross reference.''
(d) Effective Date.--The amendments made by this section shall
apply to payments made after December 31, 1997. | Families Educational Opportunity Act of 1997 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $10,000. Provides for a limitation based on modified adjusted gross income. | Families Educational Opportunity Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Getting Involved in Researching,
Learning, and Studying of Science, Technology, Engineering, and
Mathematics Act'' or the ``GIRLS STEM Act''.
SEC. 2. GRANTS TO PREPARE FEMALES FOR THE 21ST CENTURY.
(a) In General.--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 FEMALE STUDENTS FOR THE 21ST CENTURY
``SEC. 4701. PROGRAM AUTHORITY.
``(a) In General.--From funds provided under section 4702, the
Secretary may provide grants to eligible local educational agencies to
enable elementary schools and secondary schools served by the agencies
to establish and implement a program to--
``(1) encourage the ongoing interest of female students in
careers requiring skills in science, mathematics, engineering,
or technology at all levels of the career pathway, including at
the technician level; and
``(2) prepare female students to pursue industry-recognized
credentials, such as certificates, licenses, undergraduate, and
graduate degrees, needed to pursue a career in the science,
mathematics, engineering, or technology field.
``(b) Grant Awards.--A grant awarded under this part shall be
awarded in 4 school year increments.
``(c) Application.--
``(1) In general.--To be eligible to receive a grant, or
enter into a contract or cooperative agreement, under this part
an eligible local educational agency shall submit an
application to the Secretary at such time and in such manner as
the Secretary may 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 schools and secondary schools to fulfill
goals of the program and how the eligible local
educational agency will ensure that there is a
comprehensive plan to improve science, mathematics,
engineering, and technology education for female
students in kindergarten through grade 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 be necessary to fulfill the
goals of the program.
``(3) Consideration.--In selecting an eligible local
educational agency to receive a grant under this part, the
Secretary shall consider the application of each eligible local
educational agency that demonstrates that the agency will use
the grant funds to carry out the activities described in
subsection (d).
``(d) Use of Funds.--An eligible local educational agency shall use
a grant received under this section to carry out the following:
``(1) Acquainting female students with careers requiring
skills in science, mathematics, engineering, and technology,
and preparing such students for pursuing careers in such areas,
including careers in such areas at the technician level.
``(2) Educating the parents of female students about the
opportunities and advantages of science, mathematics,
engineering, and technology careers.
``(3) Providing tutoring and mentoring programs for female
students in science, mathematics, engineering, and technology.
``(4) Establishing partnerships and other opportunities
that expose female students to role models, events, academic
programs, or career and technical education programs in the
fields of science, mathematics, engineering, and technology.
``(5) Providing after-school activities designed to
encourage interest, and develop skills of female students, in
science, mathematics, engineering, and technology.
``(6) Carrying out summer programs designed to assist
female students in--
``(A) developing an interest and skills in; and
``(B) understanding the relevance and significance
of, science, mathematics, engineering, and technology.
``(7) Purchasing educational instructional materials,
equipment, and instrumentation or software designed to teach
and encourage interest of female students in science,
mathematics, engineering, and technology.
``(8) Providing academic and career counseling services and
assistance in secondary school course selection that encourages
female students to take courses that provide preparation for
postsecondary education, and experiential learning
opportunities (such as apprenticeships, mentorships,
internships), in the areas of science, technology, engineering,
and mathematics.
``(9) Facilitating internships in science, mathematics,
engineering, or technology for female students.
``(10) Providing professional development for teachers and
other school personnel that includes--
``(A) topics on how to eliminate gender bias in the
classroom;
``(B) topics on how to engage students in the face
of gender-based peer pressure and parental
expectations; and
``(C) increased instructional strategies and
content knowledge of science, mathematics, engineering,
and technology.
``(e) Supplement, Not Supplant.--The Secretary shall require each
eligible local educational agency receiving a grant under this part to
supplement, and not to supplant, any other assistance or funds made
available from non-Federal sources for the activities assisted under
this part.
``(f) Evaluations.--Each eligible local educational agency that
receives a grant under this part shall provide the Secretary, at the
conclusion of every school year during which the funds are received,
with an evaluation assessing the improvements made in the areas
described in subsection (a), in a form prescribed by the Secretary.
``(g) Eligible Local Educational Agency Defined.--For purposes of
this part, the term `eligible local educational agency' means a local
educational agency that serves underrepresented or low-income students.
``SEC. 4702. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$50,000,000 for fiscal year 2019 through 2023.''.
(b) Conforming Amendment.--The table of contents for such Act (20
U.S.C. 6301 et seq.) is amended by adding at the end of the items
relating to title IV the following:
``Part G--Preparing Females for the 21st Century
``Sec. 4701. Program authority.
``Sec. 4702. Authorization of appropriations.''. | Getting Involved in Researching, Learning, and Studying of Science, Technology, Engineering, and Mathematics Act or the GIRLS STEM Act This bill amends the Elementary and Secondary Education Act of 1965 to establish a program to: (1) encourage the interest of female students in careers requiring science, mathematics, engineering, or technology (STEM) skills; and (2) prepare female students to pursue credentials needed to pursue a career in a STEM field. The Department of Education may provide grants to eligible local educational agencies to enable elementary and secondary schools to implement the program. | Getting Involved in Researching, Learning, and Studying of Science, Technology, Engineering, and Mathematics Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Telehealth and
Telemedicine Improvement Act''.
SEC. 2. TELECONSULTATION AND TELEMEDICINE.
(a) Teleconsultation and Teleretinal Imaging.--
(1) In general.--Subchapter I of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1709. Teleconsultation and teleretinal imaging
``(a) Teleconsultation.--(1) The Secretary shall carry out a
program to increase the use of teleconsultation, telemedicine,
telehealth, and home telehealth by the Department.
``(2) The Secretary shall, in consultation with appropriate
professional societies, promulgate technical and clinical care
standards for the use of teleconsultation services within facilities of
the Department.
``(b) Teleretinal Imaging.--(1) The Secretary shall carry out a
program to increase the use of teleretinal imaging by the Department in
each Veterans Integrated Services Network.
``(2) In each fiscal year beginning with fiscal year 2013 and
ending with fiscal year 2018, the Secretary shall increase the number
of patients enrolled in each teleretinal imaging program under
paragraph (1) by not less than five percent from the number of patients
enrolled in each respective program in the previous fiscal year.
``(c) Annual Reports.--Not later than March 1 of each year, the
Secretary shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report on the Department's
implementation of telehealth and telemedicine programs, including the
program of teleconsultation, telemedicine, telehealth, and home
telehealth under subsection (a) and the program of teleretinal imaging
under subsection (b).
``(d) Definitions.--In this section:
``(1) The term `home telehealth' includes, but is not
limited to, the use of telecommunication technology and
information technology to support the monitoring, transmission,
and interpretation of clinical data derived from patients
situated in a home, community, or other non-health-care
facility setting.
``(2) The term `teleconsultation' includes, but is not
limited to, the use by a health care provider of
telecommunication technology and information technology to
assist another health care provider, at a distant site, in
their management, assessment, diagnosis, and treatment of a
patient.
``(3) The term `telehealth' includes, but is not limited
to, the use of telecommunication technology and information
technology to support the provision of health care in
situations where the patient and health care provider are
separated by geographic distance.
``(4) The term `telemedicine' includes, but is not limited
to, the use of telecommunication technology and information
technology to support the provision of health care in
situations where the patient and health care provider are
separated by geographic distance and the provider is directly
managing the care of the patient.
``(5) The term `teleretinal imaging' includes, but is not
limited to, the use of telecommunication technology and
information technology to support the remote assessment of eye
conditions.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of such title is amended by inserting
after the item related to section 1708 the following new item:
``1709. Teleconsultation and teleretinal imaging.''.
(b) Training in Telemedicine.--
(1) Medical residents.--The Secretary of Veterans Affairs
shall require each Department of Veterans Affairs facility that
is involved in the training of medical residents to work with
each university concerned to develop an elective rotation in
telemedicine for such residents.
(2) Rural veterans.--The Secretary shall provide health
care professionals of the Department with education and
training with respect to using telemedicine to provide care to
veterans in rural areas.
(c) Enhancement of VERA.--
(1) Incentives for provision of teleconsultation,
teleretinal imaging, telemedicine, and telehealth services.--
The Secretary shall modify the Veterans Equitable Resource
Allocation system to provide incentives for the use of
teleconsultation, teleretinal imaging, telemedicine, and
telehealth coordination services.
(2) Inclusion of telemedicine visits in workload
reporting.--The Secretary shall modify the Veterans Equitable
Resource Allocation system to require the inclusion of all
telemedicine visits in the calculation of facility workload.
(d) Definitions.--In this section, the terms ``teleconsultation'',
``telehealth'', ``telemedicine'', and ``teleretinal imaging'' have the
meanings given such terms in section 1709(d) of title 38, United States
Code, as added by subsection (a)(1).
SEC. 3. AUTHORITY TO WAIVE COLLECTION OF COPAYMENTS FOR TELEHEALTH AND
TELEMEDICINE VISITS OF VETERANS.
(a) In General.--Subchapter III of chapter 17 of title 38, United
States Code, is amended by inserting after section 1722A the following
new section:
``Sec. 1722B. Copayments: waiver of collection of copayments for
telehealth and telemedicine visits of veterans
``(a) In General.--The Secretary may waive the imposition or
collection of copayments for teleconsultation, telemedicine,
teleretinal imaging, telehealth, and home telehealth visits of veterans
under the laws administered by the Secretary.
``(b) Definitions.--The terms `teleconsultation', `telemedicine',
`teleretinal imaging', `telehealth', and `home telehealth' have the
meanings given such terms in section 1709(d) of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1722A the following new item:
``1722B. Copayments: waiver of collection of copayments for telehealth
and telemedicine visits of veterans.''. | Veterans' Telehealth and Telemedicine Improvement Act - Directs the Secretary of Veterans Affairs to carry out a program to increase the use of: (1) teleconsultation, telemedicine, telehealth, and home telehealth by the Department of Veterans Affairs (VA); and (2) teleretinal imaging in each Veterans Integrated Services Network.
Directs the Secretary to: (1) require each VA facility involved in the training of medical residents to work with each university concerned to develop an elective rotation in telemedicine for such residents, and (2) provide VA health care professionals with education and training in the use of telemedicine to provide care for veterans in rural areas.
Requires the Secretary to modify the Veterans Equitable Resource Allocation system to: (1) provide incentives for the use of teleconsultation, teleretinal imaging, telemedicine, and telehealth coordination services; and (2) require the inclusion of all telemedicine visits in the calculation of facility workload.
Authorizes the Secretary to waive the imposition or collection of copayments for teleconsultation, telemedicine, teleretinal imaging, telehealth, and home telehealth visits of veterans. | To amend title 38, United States Code, to improve the use of teleconsultation, teleretinal imaging, telemedicine, and telehealth coordination services for the provision of health care to veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fit to Serve Act''.
SEC. 2. INFORMATION FOR MILITARY RECRUITS ON HEALTHY WEIGHT.
(a) In General.--Commencing not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense may provide for
the dissemination of information on healthy weight to potential
military recruits.
(b) Covered Information.--The information provided under subsection
(a) may include the following:
(1) Information on the healthy weight of various
populations of potential military recruits, set forth by age,
height, sex, and other applicable factors.
(2) Information to assist potential recruits in calculating
and tracking body mass index (BMI), and in determining whether
they are obese or at risk for obesity.
(3) Information on the risks of obesity.
(4) Information on the importance of healthy weight for
military service.
(5) Information on how to achieve and maintain a healthy
weight.
(c) Means and Locations of Dissemination.--
(1) Electronic dissemination.--Information may be provided
under subsection (a) electronically through the following:
(A) Internet websites of each Armed Force devoted
to recruiting.
(B) Internet websites of particular units of the
Armed Forces, if appropriate.
(C) Internet websites of the military service
academies and other appropriate Department of Defense
schools.
(D) Internet websites for the Senior Reserve
Officers' Training Corps (ROTC) and the Junior Reserve
Officers' Training Corps (JROTC).
(2) Dissemination in writing.--Information may be provided
under subsection (a) in written form at appropriate locations
to the following:
(A) Potential recruits visiting military recruiting
locations.
(B) Members of the Armed Forces on active duty.
(C) Cadets and midshipmen attending the military
service academies, State-sponsored military academies,
institutions of higher education that maintain a corps
of cadets, and military preparatory schools.
(D) Participants in the Senior Reserve Officers'
Training Corps and the Junior Reserve Officers'
Training Corps.
SEC. 3. JOINT USE AGREEMENTS ON USE OF MILITARY ATHLETIC FACILITIES BY
NON-GOVERNMENT CIVILIANS.
(a) Agreements Authorized.--Each Secretary of a military department
may enter into joint use agreements with local governments in the
vicinity of military installations under the jurisdiction of such
Secretary in order to permit use of athletic facilities at such
installations by non-Government civilians who reside within the
jurisdiction of such local governments.
(b) Protection of Security.--
(1) Exclusion of certain installations.--The Secretary of a
military department may not enter into a joint use agreement
under subsection (a) with respect to an installation if the
Secretary determines that sensitive activities at the
installation would make the use of athletic facilities of the
installation by non-Government civilians, or the presence of
such civilians at the installation in connection with such use,
inadvisable.
(2) Use by cleared personnel.--The Secretary of a military
department may require in a joint use agreement under
subsection (a) that--
(A) a security or other appropriate clearance shall
be a condition to the use of the athletic facilities
covered by the agreement by non-Government civilians
permitted such use under the agreement; and
(B) non-Government civilians using such facilities
under the agreement shall comply with such security
procedures and requirements as the commander of the
installation concerned shall establish.
(c) Model Agreement.--The Secretary of Defense may, for purposes of
facilitating entry into joint use agreements under subsection (a)--
(1) provide for the development of a model joint use
agreement for purposes of that subsection which shall, to the
extent appropriate, be based on appropriate model agreements
developed by the National Policy and Legal Analysis Network
(NPLAN); and
(2) authorize the Secretaries of the military departments
to develop standardized guidelines on security clearances and
other security requirements to be required in connection with
the use of athletic facilities by non-Government civilians
under such agreements. | Fit to Serve Act - Authorizes the Secretary of Defense (DOD) to provide for the dissemination to potential military recruits of information on healthy body weight. Includes in the information that may be provided healthy weight according to age, height, and gender, the risks of obesity, and achieving and maintaining a healthy weight. Authorizes the dissemination of such information both electronically and in writing. Authorizes each military department Secretary to enter into joint use agreements with local governments in the vicinity of military installations in order to permit the use of athletic facilities at such installations by local civilians. | Fit to Serve Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Individual Investment Account Act of
1991''.
SEC. 2. ESTABLISHMENT OF INDIVIDUAL INVESTMENT ACCOUNTS.
(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. INDIVIDUAL INVESTMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction an amount equal to the aggregate amount paid
in cash for the taxable year by such individual to an individual
investment account established for the benefit of such individual.
``(b) Limitation.--The amount allowable as a deduction under
subsection (a) to any individual for any taxable year shall not exceed
$2,500.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Individual investment account.--The term `individual
investment account' means a trust created or organized in the
United States for the exclusive benefit of an individual, but
only if the written governing instrument creating the trust
meets the following requirements:
``(A) No contribution will be accepted unless it is
in cash.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
that person will administer the trust will be
consistent with the requirements of this section.
``(C) No part of the trust assets will be invested
in life insurance contracts or in any collectible (as
defined in section 408(m)).
``(D) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution on the last day of
a taxable year if the contribution is made on account of such
taxable year and is made not later than the time prescribed by
law for filing the return for such taxable year (not including
extensions thereof).
``(d) Tax Treatment of Distributions.--
``(1) In general.--Except as otherwise provided in this
subsection, any amount distributed out of an individual
investment account shall be included in gross income by the
distributee unless--
``(A) such amount is treated as a distribution of a
contribution to such account for which no deduction was
allowed under this section, or
``(B) such amount is part of a qualified 1st-time
homebuyer distribution.
``(2) Ordering rules.--Distributions (other than qualified
1st-time homebuyer distributions) from an individual investment
account shall be treated as made--
``(A) first from contributions to such account for
which no deduction was allowed under this section; and
``(B) then from other amounts.
Any qualified 1st-time homebuyer distribution shall be treated
as made first from amounts referred to in subparagraph (B) and
then from amounts referred to in subparagraph (A).
``(3) Qualified 1st-time homebuyer distribution.--For
purposes of this subsection--
``(A) In general.--The term `qualified 1st-time
homebuyer distribution' means any payment or
distribution received by a 1st-time homebuyer from an
individual investment account to the extent such
payment or distribution is used by the individual
within 60 days to pay qualified acquisition costs with
respect to a principal residence for such individual.
``(B) Dollar limitation.--The aggregate amount
which may be treated as qualified 1st-time homebuyer
distributions for all taxable years shall not exceed
$15,000.
``(C) Basis reduction.--The basis of any principal
residence described in subparagraph (A) shall be
reduced by the amount of any qualified 1st-time
homebuyer distribution which would be includible in
gross income if the last sentence of paragraph (2)(B)
did not apply.
``(D) Definitions.--For purposes of this
paragraph--
``(i) Qualified acquisition costs.--The
term `qualified acquisition costs' means the
costs of acquiring, constructing, or
reconstructing a residence. Such term includes
any usual or reasonable settlement, financing,
or other closing costs.
``(ii) 1st-time homebuyer.--The term `1st-
time homebuyer' means any individual if such
individual had no present ownership interest in
a principal residence during the 3-year period
ending on the date of acquisition of the
principal residence to which this paragraph
applies.
``(iii) Principal residence.--The term
`principal residence' has the same meaning as
when used in section 1034.
``(4) Transfer of account incident to divorce.--The
transfer of an individual's interest in an individual
investment account to his former spouse under a divorce decree
or under a written instrument incident to a divorce shall not
be considered a taxable transfer made by such individual
notwithstanding any other provision of this subtitle, and such
interest at the time of the transfer shall be treated as an
individual investment account of such spouse and not of such
individual. Thereafter such account shall be treated, for
purposes of this subtitle, as maintained for the benefit of
such spouse.
``(e) Tax Treatment of Accounts.--
``(1) Exemption from tax.--An individual investment account
shall be exempt from taxation under this subtitle unless such
account has ceased to be such an account by reason of paragraph
(2). Notwithstanding the preceding sentence, any such account
shall be subject to the taxes imposed by section 511 (relating
to imposition of tax on unrelated business income of
charitable, etc. organizations).
``(2) Loss of exemption of account where individual engages
in prohibited transaction.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the individual
investment account is established, that individual
engages in any transaction prohibited by section 4975
with respect to the account, the account shall cease to
be an individual investment account as of the first day
of that taxable year.
``(B) Account treated as distributing all its
assets.--In any case in which any account ceases to be
an individual investment account by reason of
subparagraph (A) on the first day of any taxable year,
paragraph (1) of subsection (d) shall be applied as if
there were a distribution on such first day in an
amount equal to the fair market value (on such first
day) of all assets in the account (on such first day).
``(3) Effect of pledging account as security.--If, during
any taxable year, an individual for whose benefit an individual
investment account is established uses the account or any
portion thereof as security for a loan, the portion so used
shall be treated as distributed to that individual.
``(4) Rollover contributions.--Paragraph (1) shall not
apply to any amount paid or distributed out of an individual
investment account to the individual for whose benefit the
account is maintained if such amount is paid into another
individual investment account for the benefit of such
individual not later than the 60th day after the day on which
he receives the payment or distribution.
``(f) Cost-of-Living Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 1992, each of the dollar
amounts contained in subsections (b) and (d)(3)(B) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting `1991' for
`1989' in subparagraph (B) thereof.
``(2) Rounding.--If any dollar amount (as increased under
paragraph (1)) is not a multiple of $10, such dollar amount
shall be increased to nearest multiple of $10 (or, if such
dollar amount is a multiple of $5 and not of $10, such dollar
amount shall be increased to next higher multiple of $10).
``(g) Custodial Accounts.--For purposes of this section, a
custodial account shall be treated as a trust if the assets of such
account are held by a bank (as defined in section 408(n)) or another
person who demonstrates, to the satisfaction of the Secretary, that the
manner in which he will administer the account will be consistent with
the requirements of this section, and if the custodial account would,
except for the fact that it is not a trust, constitute an individual
investment account described in subsection (c). For purposes of this
title, in the case of a custodial account treated as a trust by reason
of the preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
``(h) Reports.--The trustee of an individual investment account
shall make such reports regarding such account to the Secretary and to
the individual for whose benefit the account is maintained with respect
to contributions, distributions, and such other matters as the
Secretary may require under regulations. The reports required by this
subsection shall be filed at such time and in such manner and furnished
to such individuals at such time and in such manner as may be required
by those regulations.''.
(b) Deduction Allowed in Arriving at Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (defining adjusted gross
income) is amended by adding at the end thereof the following new
paragraph:
``(14) Individual investment account contributions.--The
deduction allowed by section 220 (relating to individual
investment accounts).''.
(c) Nonrecognition of Gain on Sale of Principal Residence Where
Amount Equal to Otherwise Taxable Gain Deposited Into Individual
Investment Account.--Part III of subchapter B of chapter 1 of such Code
is amended by inserting after section 121 the following new section:
``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE IF
REINVESTMENT IN INDIVIDUAL INVESTMENT ACCOUNT.
``(a) General Rule.--Gross income does not include gain from the
sale or exchange of property if, during the 5-year period ending on the
date of the sale or exchange, such property has been owned and used by
the taxpayer as his principal residence for periods aggregating 3 years
or more.
``(b) Limitation.--The amount of gain excluded from gross income
under subsection (a) shall not exceed the amount paid in cash (during
the 1-year period beginning on the date of the sale or exchange) to an
individual investment account (as defined in section 220(c))
established for the benefit of the taxpayer or his spouse.
``(c) Certain Rules On Ownership and Use To Apply.--Rules similar
to the rules of section 121(d) shall apply for purposes of determining
ownership and use under this section.''.
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(4) Special rule for individual investment accounts.--An
individual for whose benefit an individual investment account
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be an
individual investment account by reason of the application of
section 220(e)(2)(A) to such account.''; and
(2) by inserting ``or an individual investment account
described in section 220(c)'' in subsection (e)(1) after
``described in section 408(a)''.
(e) Failure To Provide Reports on Individual Investment Accounts.--
Section 6693 of such Code (relating to failure to provide reports on
individual retirement account or annuities) is amended--
(1) by inserting ``or on individual investment accounts''
after ``annuities'' in the heading of such section; and
(2) by adding at the end of subsection (a) the following:
``The person required by section 220(h) to file a report
regarding an individual investment account at the time and in
the manner required by such section shall pay a penalty of $50
for each failure unless it is shown that such failure is due to
reasonable cause.''.
(f) Adjustment of Basis of Residence Acquired Through Use of
Account.--Subsection (a) of section 1016 of such Code is amended by
striking ``and'' at the end of paragraph (23), by striking the period
at the end of paragraph (24) and inserting ``; and'', and by adding at
the end thereof the following new paragraph:
``(25) to the extent provided in section 220(d)(3)(C), in
the case of a residence the acquisition of which was made in
whole or in part with funds from an individual investment
account.''.
(g) Clerical Amendments.--
(1) The table of sections for part III of subchapter B of
chapter 1 of such Code is amended by inserting after the item
relating to section 121 the following new item:
``Sec. 121A. Exclusion of gain from sale of principal residence if
reinvestment in individual investment
account.''.
(2) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 220 and inserting the following:
``Sec. 220. Individual investment accounts.
``Sec. 221. Cross reference.''.
(3) The table of sections for subchapter B of chapter 68 of
such Code is amended by striking the item relating to section
6693 and inserting the following:
``Sec. 6693. Failure to provide reports on individual retirement
accounts or annuities or on individual
investment accounts.''.
(h) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1991. | Individual Investment Account Act of 1991 - Amends the Internal Revenue Code to allow a deduction for amounts contributed to individual investment accounts, limited to $2,500. Allows tax-free distributions, limited to $15,000 for all taxable years, from such accounts for use in the purchase of a principal residence by a first-time homebuyer. Makes such accounts tax-exempt unless the individual engages in prohibited transactions. Adjusts dollar limitations under this Act for inflation. Allows such deduction in determining adjusted gross income.
Excludes from gross income gain from the sale or exchange of property if, during the five-year period ending on the date of the sale or exchange, such property has been owned and used by the taxpayer as a principal residence for periods aggregating three years or more. Limits such exclusion to the amount paid to an individual investment account during the one-year period beginning on the date of the sale or exchange.
Provides for adjusting the basis of a residence acquired through the use of an individual investment account. | Individual Investment Account Act of 1991 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Trust Fund Certainty Act''.
SEC. 2. INCREASE IN FUELS TAXES.
(a) Motor Fuels.--
(1) Repeal of termination.--Section 4081(d) of the Internal
Revenue Code of 1986 is amended by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(2) Inflation adjustment.--Section 4081(a)(2) of such Code
is amended--
(A) in subparagraph (A)(i) by striking ``18.3 cents
per gallon'' and inserting ``28.4 cents per gallon'',
(B) in subparagraph (A)(iii) by striking ``24.3
cents per gallon'' and inserting ``34.4 cents per
gallon'',
(C) in subparagraph (D) by striking ``substituting
`19.7 cents' for `24.3 cents''' and inserting
``substituting `27.9 cents' for `34.4 cents''', and
(D) by adding at the end the following:
``(E) Adjustment for inflation.--In the case of a
calendar year beginning after December 31, 2015, the
rates of tax in subparagraph (A) (i) and (iii) and
subparagraph (D) shall each be increased by an amount
equal to--
``(i) such rate, multiplied by
``(ii) the cost of living adjustment
determined under section 1(f)(3) for the
calendar year, determined by substituting
`calendar year 2014' for `calendar year 1992'
in subparagraph (B) thereof.
Any increase under the preceding sentence shall be
rounded to the nearest 0.1 cents.''.
(b) Special Fuels.--
(1) Increase and extension.--Section 4041 of such Code is
amended--
(A) in subsection (a)(1)(C)(iii)(I) by striking
``7.3 cents per gallon (4.3 cents per gallon after
September 30, 2016)'' and inserting ``17.4 cents per
gallon'',
(B) in subsection (a)(2)(B)(ii) by striking ``24.3
cents per gallon'' and inserting ``34.4 cents per
gallon'', and
(C) in subsection (a)(3)(A) by striking ``18.3
cents'' and inserting ``28.4 cents''.
(2) Adjustment for inflation.--Section 4041(a) of such Code
is amended by adding at the end the following:
``(4) Adjustment for inflation.--In the case of a calendar
year beginning after December 31, 2015, the rates of tax in
paragraphs (1)(C)(iii)(I), (2)(B)(ii), and (3)(A) shall each be
increased by an amount equal to--
``(A) such rate, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2014' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under the preceding sentence shall be rounded to
the nearest 0.1 cents.''.
(3) Certain alcohol fuels.--
(A) Permanent extension.--Section 4041(m)(1) of
such Code is amended--
(i) in subparagraph (A) by striking ``, and
before October 1, 2016'',
(ii) in subparagraph (A)(i) by striking
``9.15 cents per gallon'' and inserting ``19.25
cents per gallon'',
(iii) in subparagraph (A)(ii) by striking
``11.3 cents per gallon'' and inserting ``21.4
cents per gallon'',
(iv) by striking subparagraph (B), and
(v) by redesignating clauses (i) and (ii)
of subparagraph (A) (as amended by clauses (ii)
and (iii)) as subparagraphs (A) and (B),
respectively, and moving such subparagraphs (as
so redesignated) 2 ems to the left.
(B) Adjustment for inflation.--Section 4041(m) of
such Code is amended by adding at the end the
following:
``(3) Adjustment for inflation.--In the case of a calendar
year beginning after December 31, 2015, the rates of tax in
paragraph (1) (A) and (B) shall each be increased by an amount
equal to--
``(A) such rate, multiplied by
``(B) the cost of living adjustment determined
under section 1(f)(3) for the calendar year, determined
by substituting `calendar year 2014' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under the preceding sentence shall be rounded to
the nearest 0.1 cents.''.
(4) Fuel used in certain buses.--
(A) Permanent extension.--Section 6427(b)(2)(A) of
such Code is amended by striking ``7.4 cents'' and
inserting ``17.5 cents''.
(B) Adjustment for inflation.--Section 6427(b) of
such Code is amended by adding at the end the
following:
``(5) Adjustment for inflation.--In the case of calendar
years beginning January 1, 2016--
``(A) the rate of tax in paragraph (2)(A) shall be
increased by 10.1 cents, and
``(B) such rate (as increased by subparagraph (A))
shall be increased by an amount equal to such rate (as
so increased) multiplied by the cost of living
adjustment determined under section 1(f)(3) for the
calendar year, determined by substituting `calendar
year 2014' for `calendar year 1992' in subparagraph (B)
thereof, and rounded to the nearest 0.1 cents.''.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning after December 31, 2015.
(d) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any highway motor
fuel which is held on January 1, 2016, by any person, there is
hereby imposed a floor stocks tax equal to the excess of--
(A) the tax which would be imposed on such fuel had
the amendments made by this section applied to highway
motor fuels for periods before January 1, 2016, over
(B) the tax (if any) previously paid (and not
credited or refunded) on such fuel.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--The person holding the
highway motor fuel on January 1, 2016, to which the tax
imposed by paragraph (1) applies shall be liable for
such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be paid at such time and in such
manner as the Secretary of the Treasury (or the
Secretary's delegate) shall prescribe.
(3) Definitions.--For purposes of this subsection--
(A) Highway motor fuel.--The term ``highway motor
fuel'' means any fuel the tax rate of which is
increased by an amendment made by this section.
(B) Held by a person.--A highway motor fuel shall
be considered as held by a person if title thereto has
passed to such person (whether or not delivery to the
person has been made).
(C) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury or the Secretary's delegate.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to any highway motor fuel held by
any person exclusively for any use to the extent a credit or
refund of the tax is allowable for such use.
(5) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any highway motor fuel held on January
1, 2016, by any person if the aggregate amount of such
highway motor fuel held by such person on such date
does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the
Secretary (at the time and in the manner required by
the Secretary) such information as the Secretary shall
require for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A),
there shall not be taken into account any highway motor
fuel held by any person which is exempt from the tax
imposed by paragraph (1) by reason of paragraph (4).
(C) Controlled groups.--For purposes of this
subsection--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of subparagraph (A) shall apply to a group of
persons under common control if 1 or more of
such persons is not a corporation.
(6) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by sections 4041 and 4081 of such Code shall, insofar
as applicable and not inconsistent with the provisions of this
subsection, apply with respect to the floor stock taxes imposed
by paragraph (1) to the same extent as if such taxes were
imposed by such sections.
SEC. 3. WORKING CITIZENS TAX RELIEF.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36 the following new section:
``SEC. 36A. WORKING CITIZENS CREDIT.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the calendar years beginning after December 31, 2015, an
amount equal to the lesser of--
``(1) 3.1 percent of earned income of the taxpayer, or
``(2) $133 ($266 in the case of a joint return).
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount allowable as a credit under
subsection (a) (determined without regard to this paragraph and
subsection (c)) for the taxable year shall be reduced (but not
below zero) by one percent of so much of the taxpayer's
modified adjusted gross income as exceeds $74,950 ($149,900 in
the case of a joint return).
``(2) Modified adjusted gross income.--For purposes of
subparagraph (A), the term `modified adjusted gross income'
means the adjusted gross income of the taxpayer for the taxable
year increased by any amount excluded from gross income under
section 911, 931, or 933.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible individual.--
``(A) In general.--The term `eligible individual'
means any individual other than--
``(i) any nonresident alien individual,
``(ii) any individual with respect to whom
a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning
in the calendar year in which the individual's
taxable year begins, and
``(iii) an estate or trust.
``(B) Identification number requirement.--Such term
shall not include any individual who does not include
on the return of tax for the taxable year--
``(i) such individual's social security
account number, and
``(ii) in the case of a joint return, the
social security account number of one of the
taxpayers on such return.
For purposes of the preceding sentence, the social
security account number shall not include a TIN issued
by the Internal Revenue Service.
``(2) Earned income.--The term `earned income' has the
meaning given such term by section 32(c)(2), except that such
term shall not include net earnings from self-employment which
are not taken into account in computing taxable income. For
purposes of the preceding sentence, any amount excluded from
gross income by reason of section 112 shall be treated as
earned income which is taken into account in computing taxable
income for the taxable year.''.
(b) Refunds Disregarded in the Administration of Federal Programs
and Federally Assisted Programs.--Any credit or refund allowed or made
to any individual by reason of section 36A of the Internal Revenue Code
of 1986 (as added by this section) or by reason of subsection (b) of
this section shall not be taken into account as income and shall not be
taken into account as resources for the month of receipt and the
following 2 months, for purposes of determining the eligibility of such
individual or any other individual for benefits or assistance, or the
amount or extent of benefits or assistance, under any Federal program
or under any State or local program financed in whole or in part with
Federal funds.
(c) Authority Relating to Clerical Errors.--Section 6213(g)(2) of
such Code is amended by striking ``and'' at the end of subparagraph
(M), by striking the period at the end of subparagraph (N) and
inserting ``, and'', and by adding at the end the following new
subparagraph:
``(O) an omission of the correct social security
account number required under section 36A(c)(1)(B).''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015.
SEC. 4. REPAYABLE ADVANCES TO HIGHWAY TRUST FUND.
(a) Repayable Advances.--Section 9503(f) of the Internal Revenue
Code of 1986 is amended by redesignating paragraph (7) as paragraph (8)
and by inserting after paragraph (6) the following new paragraph:
``(7) 2015 shortfall advance.--Out of money in the Treasury
not otherwise appropriated, there is hereby appropriated--
``(A) $8,000,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $3,000,000,000 to the Mass Transit Account in
the Highway Trust Fund.''.
(b) Repayment of Advances.--Section 9503(c) of such Code is amended
by adding at the end the following:
``(6) Transfers from highway trust fund for certain
repayments of certain advances.--
``(A) In general.--The Secretary shall pay from
time to time from the Highway Trust Fund into the
general fund of the Treasury amounts equivalent to
amounts transferred to the Highway Trust Fund that are
attributable to the operation of sections 4041(a)(4),
4041(m)(3), and 4081(a)(2)(E).
``(B) Limitation.--No amount shall be transferred
under this paragraph after the aggregate amount
transferred under subparagraph (A) equals
$11,000,000,000.
``(C) Transfers based on estimates.--Transfers
under subparagraph (A) shall be made on the basis of
estimates by the Secretary, and proper adjustments
shall be made in amounts subsequently transferred to
the extent prior estimates were in excess or less than
the amounts required to be transferred.
``(D) Transfers made proportionally.--Transfers
under subparagraph (A) shall be borne by the Highway
Account and the Mass Transit Account in proportion to
the respective revenues transferred under subsection
(f)(7) to the Highway Account and the Mass Transit
Account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on August 1, 2015. | Highway Trust Fund Certainty Act This bill amends the Internal Revenue Code to: (1) increase the current excise tax rates on gasoline and diesel fuel or kerosene and special fuels and to repeal the reversion of increased fuel tax rates to 4.3 cents per gallon after September 30, 2016, (2) make permanent the excise tax on certain alcohol fuels and fuels used in certain buses, (3) allow U.S. citizens a new tax credit after 2015 for the lesser of 3.1% of earned income or $133, and (4) allow additional appropriations to the Highway and Mass Transit Accounts of the Highway Trust Fund and provide for repayments from such Fund to the general fund of the Treasury for amounts advanced to such Fund. | Highway Trust Fund Certainty Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drought Information Act of 2012''.
SEC. 2. REAUTHORIZATION OF NATIONAL INTEGRATED DROUGHT INFORMATION
SYSTEM.
(a) System Amendments.--Section 3 of the National Integrated
Drought Information System Act of 2006 (15 U.S.C. 313d) is amended--
(1) in subsection (a)--
(A) by inserting ``and continue to support'' after
``establish''; and
(B) by inserting before the period at the end the
following: ``to better inform and provide for more
timely decisionmaking to reduce drought related impacts
and costs''; and
(2) by striking subsection (b) and inserting the following:
``(b) System Functions.--The National Integrated Drought
Information System shall--
``(1) provide an effective drought early warning system
that--
``(A) collects and integrates information on the
key indicators of drought in order to make usable,
reliable, and timely forecasts of drought, including
assessments of the severity of drought conditions and
impacts; and
``(B) provides such information, forecasts, and
assessments on both national and regional levels;
``(2) communicate drought forecasts, drought conditions,
and drought impacts on an ongoing basis to--
``(A) decisionmakers at the Federal, regional,
State, tribal, and local levels of government;
``(B) the private sector; and
``(C) the public;
``(3) provide timely data, information, and products that
reflect local, regional, and State differences in drought
conditions;
``(4) coordinate, and integrate as practicable, Federal
research in support of a drought early warning system;
``(5) build upon existing forecasting and assessment
programs and partnerships, such as partnerships with--
``(A) the Regional Integrated Sciences and
Assessments program of the National Oceanic and
Atmospheric Administration;
``(B) Cooperative Extension System offices of the
Department of Agriculture;
``(C) the National Institute of Food and
Agriculture;
``(D) the Office of the Chief Economist of the
Department of Agriculture;
``(E) the Farm Service Agency; and
``(F) other Federal agencies or departments that
monitor and disseminate weather and climate
information; and
``(6) continue ongoing research activities related to
drought, including research activities relating to length,
severity, and impacts of drought and the role of extreme
weather events and climate variability in drought.''.
(b) Authorization of Appropriations.--Section 4 of such Act (15
U.S.C. 313d note) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) $14,500,000 for each of fiscal years 2013 through
2017.''.
(c) Report.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Under Secretary of Commerce for
Oceans and Atmosphere shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report on the National Integrated Drought
Information System.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the implementation of the
National Integrated Drought Information System,
including an assessment of how the information,
forecasts, and assessments produced by such system are
utilized in drought policy planning and response
activities.
(B) Specific plans for continued development of the
system, including future milestones.
(C) An identification of research, monitoring, and
forecasting needs to enhance the predictive capability
of--
(i) drought early warnings;
(ii) the length and severity of droughts;
and
(iii) the contribution of weather events to
reducing the severity or ending drought
conditions.
(D) A list of persons in the private sector with
whom the Under Secretary collaborates to implement the
National Integrated Drought Information System.
(E) A description of the outreach activities
conducted by the Under Secretary regarding the National
Integrated Drought Information System.
(3) Consultation.--In developing the report required by
paragraph (1), the Under Secretary shall consult with relevant
Federal, regional, State, tribal, and local government
agencies, research institutions, and the private sector. | Drought Information Act of 2012 - Amends the National Integrated Drought Information System Act of 2006 to specify that: (1) the Under Secretary of Commerce for Oceans and Atmosphere shall continue to support the National Integrated Drought Information System (NIDIS) Program, and (2) the program's purpose shall be to better inform and provide for more timely decisionmaking to reduce drought related impacts and costs. Revises NIDIS functions to require the NIDIS to, among other things: (1) provide certain information, forecasts, and assessments described in the Act on both national and regional levels; (2) build upon existing forecasting and assessment programs and partnerships, such as those with specified programs of the National Oceanic and Atmospheric Administration (NOAA), extension system and economist offices of the Department of Agriculture (USDA), the National Institute of Food and Agriculture, and the Farm Service Agency; and (3) continue ongoing research activities related to drought and the role of extreme weather events and climate variability in drought.
Requires the Under Secretary to provide a report to Congress concerning the NIDIS Program that includes a list of persons in the private sector with whom the Under Secretary collaborates on NIDIS implementation and a description of NIDIS outreach activities.
Authorizes appropriations to carry out the Act through FY2017. | A bill to reauthorize the National Integrated Drought Information System, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Aid Reform Act''.
TITLE I--AMENDMENTS TO THE FOOD FOR PEACE ACT
SEC. 101. FOOD AID TO DEVELOPING COUNTRIES.
Section 3(b)(1)(C) of the Food for Peace Act (7 U.S.C.
1691a(b)(1)(C)) is amended--
(1) by striking ``, provision of funds'' and inserting
``and provision of funds''; and
(2) by striking ``, and monetization of commodities,''.
SEC. 102. EMERGENCY AND PRIVATE ASSISTANCE PROGRAMS.
(a) In General.--Title II of the Food for Peace Act is amended as
follows:
(1) In the title heading, by striking ``AND PRIVATE''.
(2) In section 201 (7 U.S.C. 1721)--
(A) in the matter preceding paragraph (1), by
striking ``agricultural commodities'' and inserting
``assistance, including agricultural commodities,'';
and
(B) in paragraph (4), by inserting ``inclusive and
sustainable'' after ``promote''.
(3) In section 202 (7 U.S.C. 1722)--
(A) in the section heading, by striking
``agricultural commodities'' and inserting ``emergency
assistance'';
(B) in subsection (a), by striking ``agricultural
commodities'' and inserting ``assistance, including
agricultural commodities,'';
(C) by striking subsections (b), (c), (d), and (e);
and
(D) in subsection (h)(3)--
(i) by striking ``section 207(f)'' and
inserting ``section 207''; and
(ii) by striking ``fiscal years 2009
through 2011'' and inserting ``fiscal years
2014 through 2018''.
(4) By striking section 203 (7 U.S.C. 1723).
(5) By striking section 204 (7 U.S.C. 1724).
(6) In section 205 (7 U.S.C. 1725)--
(A) in subsection (a), by striking ``that may
involve eligible organizations described in section
202(d)(1)''; and
(B) in subsection (f), by striking ``December 31,
2012'' and inserting ``September 30, 2018''.
(7) In section 207(f) (7 U.S.C. 1726a(f))--
(A) in paragraph (2)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and
(B) in paragraph (3), by striking ``Food,
Conservation, and Energy Act of 2008'' and inserting
``Food Aid Reform Act''.
(8) In section 207 (7 U.S.C. 1726a)--
(A) by striking subsections (a), (b), (c), (d), and
(e);
(B) in subsection (f)(2)--
(i) by striking subparagraph (D); and
(ii) by redesignating subparagraphs (E) and
(F) as subparagraphs (D) and (E), respectively;
and
(C) by adding at the end the following new
subsection:
``(h) Applicability of Administrative Authorities Under the Foreign
Assistance Act of 1961.--The administrative authorities contained in
chapter 2 of part III of the Foreign Assistance Act of 1961 (22 U.S.C.
2381 et seq.) shall apply to programs carried out under this title to
the same extent and in the same manner as such administrative
authorities apply to programs carried out under such Act.''.
(b) Retroactive Effective Date.--The amendment made by paragraph
(6)(B) shall take effect as of December 31, 2012.
SEC. 103. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) In General.--Title IV of the Food for Peace Act is amended as
follows:
(1) In section 402 (7 U.S.C. 1732)--
(A) in paragraph (2)--
(i) by striking ``produced in the United
States''; and
(ii) by striking the second sentence; and
(B) in paragraph (3)--
(i) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
and
(ii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) the Committee on Foreign Relations of the
Senate;''.
(2) In section 403(l)(1)(A) (7 U.S.C. 1733(l)(1)(A)), by
striking ``titles I and II'' and inserting ``title I''.
(3) In section 404(c)(1) (7 U.S.C. 1734(c)(1)), by striking
``eligible organizations'' and all that follows through ``under
title II'' and inserting ``eligible organizations may be made
available under titles I and III''.
(4) In section 406(a) (7 U.S.C. 1736(a)), by inserting
``may make available funds and'' before ``may acquire''.
(5) In section 407(c) (7 U.S.C. 1736a)--
(A) in paragraph (1), by striking subparagraph (B);
(B) in paragraph (4)(A), by striking ``for fiscal
years 2001 through 2012''; and
(C) in paragraph (5)--
(i) in the heading, by striking
``Nonemergency or multiyear'' and inserting
``Multiyear''; and
(ii) by striking ``for ongoing nonemergency
or''.
(6) In section 408 (7 U.S.C. 1736b), by striking ``December
31, 2012'' and inserting ``September 30, 2018''.
(b) Retroactive Effective Date.--The amendment made by paragraph
(6) shall take effect as of December 31, 2012.
SEC. 104. EFFECTIVE DATE.
Except as otherwise provided in this title, the amendments made by
this title shall take effect on the date of the enactment of this Act
and shall apply with respect to the provision of assistance under title
II of the Food for Peace Act (as so amended) beginning on the date that
is 180 days after such date of enactment.
TITLE II--CARGO PREFERENCES
SEC. 201. CARGO PREFERENCES.
(a) Exemption.--Section 55313 of title 46, United States Code, is
amended--
(1) by striking ``Sections 55304 and 55305 of this title do
not apply'' and inserting the following:
``(a) In General.--Sections 55304 and 55305 of this title do not
apply''; and
(2) by adding at the end the following:
``(b) Additional Exempted Activities.--In addition to the exemption
under subsection (a) and notwithstanding any other provision of law,
sections 55304 and 55305 of this title do not apply to activities
carried out under title II of the Food for Peace Act (7 U.S.C. 1721 et
seq.).''.
(b) Conforming Amendment.--Section 55314(b)(1) of title 46, United
States Code, is amended by inserting ``, except for activities carried
out under title II of that Act'' before the semicolon. | Food Aid Reform Act - Amends the Food for Peace Act to treat provision of agricultural commodities as one form only of emergency assistance. Repeals the authorization for nonemergency assistance and support for eligible organizations as well as requirements for generation and use of currencies by private voluntary organizations and cooperatives. Extends the Food Aid Consultative Group through FY2018. Repeals the duty of the U.S. Agency for International Development (USAID) to evaluate monetization programs. Repeals the requirement that agricultural commodities under the Act be produced in the United States. Extends through FY2018 the authorizastion for agreements to finance sales to provide emergency assistance. Exempts emergency and private assistance activities under title II of such Act from requirements for: (1) exports financed by the U.S. government; and (2) cargoes procured, furnished, or financed by the U.S. government. | Food Aid Reform Act |
SECTION 1. STRENGTHENING THE FOREIGN AGENTS REGISTRATION ACT OF 1938,
AS AMENDED.
(a) Definitions.--
(1) Agent of a foreign principal.--
(A) In general.--Section 1(c) of the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C.
611(c)), is amended--
(i) by striking ``agent of a foreign
principal'' each place it appears and inserting
``representative of a foreign principal'';
(ii) in paragraph (1)(iv), by striking
``and'' after the semicolon at the end;
(iii) in paragraph (2), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(3) any person who engages in political activities for
purposes of furthering commercial, industrial, or financial
operations with a foreign principal.
For purposes of clause (1), a foreign principal shall be considered to
control a person in major part if the foreign principal holds more than
50 percent equitable ownership in such person or, subject to rebuttal
evidence, if the foreign principal holds at least 20 percent but not
more than 50 percent equitable ownership in such person.''.
(B) Further definition.--Section 1(d) of that Act
(22 U.S.C. 611(d)) is amended to read as follows:
``(d) The term `representative of a foreign principal' does not
include--
``(1) any news or press service or association organized
under the laws of the United States or of any State or other
place subject to the jurisdiction of the United States, or any
newspaper, magazine, periodical, or other publication for which
there is on file with the United States Postal Service
information in compliance with section 3685 of title 39, United
States Code, published in the United States, solely by virtue
of any bona fide news or journalistic activities, including the
solicitation or acceptance of advertisements, subscriptions, or
other compensation therefor, so long as it is at least 80
percent beneficially owned by, and its officers and directors,
if any, are citizens of the United States, and such news or
press service or association, newspaper magazine, periodical,
or other publication, is not owned, directed, supervised,
controlled, subsidized, or financed, and none of its policies
are determined by any foreign principal defined in subsection
(b) of this section, or by any representative of a foreign
principal required to register under this Act; or
``(2) any incorporated, nonprofit membership organization
organized under the laws of the United States or of any State
or other place subject to the jurisdiction of the United States
that is registered under section 308 of the Federal Regulation
of Lobbying Act and has obtained tax-exempt status under
section 501(c) of the Internal Revenue Code of 1986 and whose
activities are directly supervised, directed, controlled,
financed, or subsidized in whole by citizens of the United
States.''.
(2) Political promotional or informational materials.--
Section 1(j) of that Act (22 U.S.C. 611(j)) is amended--
(A) in the matter preceding clause (1), by striking
``propaganda'' and inserting ``promotional or
informational materials''; and
(B) in clause (1), by striking ``prevail upon,
indoctrinate, convert, induce, or in any other way''
and inserting ``in any way''.
(3) Political activities.--Section 1(o) of that Act (22
U.S.C. 611(o)) is amended--
(A) by striking ``prevail upon, indoctrinate,
convert, induce, persuade, or in any other way'' and
inserting ``in any way''; and
(B) by striking ``or changing the domestic or
foreign'' and inserting ``enforcing, or changing the
domestic or foreign laws, regulations, or''.
(4) Political consultant.--Section 1(p) of that Act (22
U.S.C. 611(p)) is amended--
(A) by inserting ``(1)'' after ``any person''; and
(B) by inserting before the semicolon at the end
the following: ``, or (2) who distributes political
promotional or informational materials to an officer or
employee of the United States Government, in his or her
capacity as such officer or employee''.
(5) Serving predominantly a foreign interest.--Section 1(q)
of that Act (22 U.S.C. 611(q)) is amended--
(A) by striking ``and'' at the end of clause (ii)
of the proviso; and
(B) by inserting before the period at the end the
following: ``, and (iv) such activities do not involve
the representation of the interests of the foreign
principal before any agency or official of the
Government of the United States other than providing
information in response to requests by such agency or
official or as a necessary part of a formal judicial or
administrative proceeding, including the initiation of
such a proceeding.''.
(b) Supplemental Registration.--Section 2(b) of that Act (22 U.S.C.
612(b)) is amended--
(1) in the first sentence by striking ``, within thirty
days'' and all that follows through ``preceding six months'
period'' and inserting ``on January 31 and July 31 of each year
file with the Attorney General a supplement thereto under oath,
on a form prescribed by the Attorney General, which shall set
forth regarding the six-month periods ending the previous
December 31, and June 30, respectively, or, if a lesser period,
the period since the initial filing,''; and
(2) by inserting after the first sentence the following new
sentence: ``Any registrant using an accounting system with a
fiscal year which is different from the calendar year may
petition the Attorney General to permit the filing of
supplemental statements at the close of the first and seventh
month of each such fiscal year in lieu of the dates specified
by the preceding sentence.''.
(c) Removal of Exemption for Certain Countries.--Section 3(f) of
that Act (22 U.S.C. 613(f)) is repealed.
(d) Limiting Exemption for Legal Representation.--Section 3(g) of
that Act (22 U.S.C. 613(g)) is amended by striking ``or any agency of
the Government of the United States'' and all that follows through
``informal'' and inserting ``or before the Patent and Trademark Office,
including any written submission to that Office''.
(e) Notification of Reliance on Exemptions.--Section 3 of that Act
(22 U.S.C. 613) is amended by adding at the end the following:
``Any person who does not register under section 2(a) on account of
any provision of subsections (a) through (g) of this section shall so
notify the Attorney General in such form and manner as the Attorney
General prescribes.''.
(f) Civil Penalties and Enforcement Provisions.--Section 8 of that
Act (22 U.S.C. 618) is amended by adding at the end the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file when such filing is required a
registration statement under section 2(a) or a supplement
thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay for each violation committed a civil penalty
of not less than $2,000 and not more than $1,000,000. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) Whenever the Attorney General has reason to believe that
any person may be in possession, custody, or control of any documentary
material relevant to an investigation regarding any violation of
paragraph (1) of this subsection or of section 5, the Attorney General
may, before bringing any civil or criminal proceeding thereon, issue in
writing, and cause to be served upon such person, a civil investigative
demand requiring such person to produce such material for examination.
``(B) Civil investigative demands issued under this paragraph shall
be subject to the applicable provisions of section 1968 of title 18,
United States Code.''.
(g) Change in Short Title of the Act.--Section 14 of that Act (22
U.S.C. 611 note) is amended by striking ``Foreign Agents Registration
Act of 1938, as amended'' and inserting ``Foreign Interests
Representation Act''.
SEC. 2. CONFORMING AMENDMENTS.
(a) References to Agent of a Foreign Principal.--The Foreign
Interests Representation Act is amended--
(1) by striking ``agent of a foreign principal'' each place
it appears and inserting ``representative of a foreign
principal'';
(2) by striking ``agents of foreign principals'' each place
it appears and inserting ``representatives of foreign
principals'';
(3) by striking ``agent of such principal'' each place it
appears and inserting ``representative of such principal''; and
(4) by striking ``such agent'' each place it appears and
inserting ``such representative''.
(b) References to Political Propaganda.--
(1) The paragraph preceding section 1 of the Foreign
Interests Representation Act is amended by striking
``propaganda'' and inserting ``political''.
(2) The Foreign Interests Representation Act (other than
the paragraph amended by paragraph (1) of this subsection) is
amended by striking ``propaganda'' each place it appears and
inserting ``promotional or informational materials''.
(c) References to the Act.--
(1) Section 207(f)(2) of title 18, United States Code, is
amended by striking ``Foreign Agents Registration Act of 1938,
as amended,'' and inserting ``Foreign Interests Representation
Act''.
(2) Section 219 of title 18, United States Code, is
amended--
(A) in subsection (a) by striking ``agent of a
foreign principal required to register under the
Foreign Agents Registration Act of 1938, as amended,''
and inserting ``representative of a foreign principal
required to register under the Foreign Interests
Representation Act''; and
(B) in subsection (b)--
(i) by striking ``agent of a foreign
principal'' and inserting ``representative of a
foreign principal'';
(ii) by striking ``such agent'' and
inserting ``such representative''; and
(iii) by striking ``Foreign Agents
Registration Act of 1938, as amended'' and
inserting ``Foreign Interests Representation
Act''.
(3) Section 5210(4) of the Competitiveness Policy Council
Act (15 U.S.C. 4809(4)) is amended--
(A) by striking ``agent of a foreign principal''
and inserting ``representative of a foreign
principal''; and
(B) by striking ``subsection (d) of the first
section of the Foreign Agents Registration Act of 1938
(22 U.S.C. 611)'' and inserting ``section 1(d) of the
Foreign Interests Representation Act (22 U.S.C.
611(d)),''.
(4) Section 34(a) of the Trading With the Enemy Act (50
U.S.C. App. 34(a)) is amended by striking ``Act of June 8, 1934
(ch. 327, 52 Stat. 631), as amended'' and inserting ``Foreign
Interests Representation Act''. | Amends the Foreign Agents Registration Act of 1938 to replace references to: (1) "agent" with "representative"; and (2) "propaganda" with "promotional or informational materials."
Includes within the definition of "representative of a foreign principal" any person who engages in political activities to further commercial, industrial, or financial operations with a foreign principal. Excludes from such definition any incorporated, nonprofit membership organization organized under U.S. laws that is registered under the Federal Regulation of Lobbying Act, that has obtained tax-exempt status, and whose activities are directed in whole by U.S. citizens.
Provides that a foreign principal shall be considered to control a person in major part if: (1) such principal holds more than 50 percent equitable ownership in such person; or (2) subject to rebuttal evidence, such principal holds from 20 to 50 percent equitable ownership in such person.
Includes within the definition of "political consultant" any person who distributes political promotional or informational materials to a Federal officer or employee, in his or her capacity as an officer or employee. Requires representatives of foreign principals who have filed registration statements to file supplements to such statements with the Attorney General on January 31 and July 31 of each year. Authorizes representatives with accounting systems using different fiscal years to petition the Attorney General to permit the filing of statements at the close of the first and seventh month of such fiscal year in lieu of the required dates.
Repeals an exemption to registration requirements for persons representing foreign governments whose defense is deemed vital to the defense of the United States. Provides that the exemption from the registration requirement for individuals providing legal representation for a foreign principal before a U.S. agency shall apply only to representation before the Patent and Trademark Office.
Provides for civil penalties for failures to file registration statements and for omitting material facts or making false statements on registration statements.
Authorizes the Attorney General to serve civil investigative demands on persons in control of materials relevant to investigations concerning violations of registration requirements.
Redesignates the Foreign Agents Registration Act of 1938 as the Foreign Interests Representation Act. | To strengthen the Foreign Agents Registration Act of 1938, as amended. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Women's Christian Association
Pension Clarification Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Young Women's Christian Association Pension Plan is
a multiple employer plan (subject to the requirements of
section 210 of the Employee Retirement Income Security Act of
1974) which is maintained by a corporation created by State law
prior to the enactment of the Employee Retirement Income
Security Act of 1974 and the Age Discrimination in Employment
Act of 1967 and whose primary purpose is the maintenance of
retirement programs.
(2) No applicable plan amendment, as defined in clause (v)
of section 204(b)(5)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(v)) (added by
section 701(a) of the Pension Protection Act of 2006 (Public
Law 109-280; 120 Stat. 982)) and clause (v) of section
4(i)(10)(B) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 623(i)(10)(B)(v)) (added by section 701(c) of the
Pension Protection Act of 2006 (Public Law 109-280; 120 Stat.
986)), or any applicable plan amendment causing a participant's
accrued benefit to be less than the amount described in clause
(iii) of such section 204(b)(5)(B) or clause (iii) of such
section 4(i)(10)(B), has ever been made to the Young Women's
Christian Association Pension Plan.
(3) Under the terms of the Young Women's Christian
Association Pension Plan, as in effect as of June 29, 2005, all
pension benefits of all participants under the plan are
immediately nonforfeitable.
(4) As of April 25, 2007, the Young Women's Christian
Association Pension Plan provides--
(A) for periods including June 29, 2005, and ending
on or before December 31, 2007, a credit to the account
of each participant equal to 40 percent of the pay
credit provided to such participant and interest
credits determined for each plan year at the average of
the annual rates of interest on 10-year Treasury
securities during a designated period in the preceding
plan year, and
(B) for periods beginning on or after January 1,
2008, interest credits which satisfy the requirements
of section 204(b)(5)(B)(i) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1054(b)(5)(B)(i)) (added by section 701(a) of the
Pension Protection Act of 2006 (Public Law 109-280; 120
Stat. 981)) and section 4(i)(10)(B)(i) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
623(i)(10)(B)(i)) (added by section 701(c) of the
Pension Protection Act of 2006 (Public Law 109-280; 120
Stat. 989)).
(b) Purpose.--The purpose of this Act is to clarify the age
discrimination rules under section 204(b)(1)(H) of the Employee
Retirement Income Security Act of 1974 and section 4(i)(1) of the Age
Discrimination in Employment Act of 1967, as they relate to periods
prior to June 29, 2005, during which violations of such rules are
alleged to have occurred in civil actions commenced on or after April
25, 2007.
SEC. 3. CLARIFICATION OF AGE DISCRIMINATION RULES.
(a) In General.--In the case of any civil action which--
(1) is commenced on or after April 25, 2007, and
(2) alleges a violation of section 204(b)(1)(H) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1054(b)(1)(H)) or section 4(i)(1) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(i)(1)) occurring before
June 29, 2005, with respect to any benefit provided under the
Young Women's Christian Association Pension Plan,
such sections 204(b)(1)(H) and 4(i)(1) shall be applied as if paragraph
(5) of section 204(b) of the Employee Retirement Income Security Act of
1974 (as added by section 701(a)(1) of the Pension Protection Act of
2006 (29 U.S.C. 1054(b)(5); 120 Stat. 981) and paragraph (10) of
section 4(i) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(i)(10); 120 Stat. 998) applied to any period in which such
alleged violation occurred.
(b) Young Women's Christian Association Pension Plan.--For purposes
of this Act, the term ``Young Women's Christian Association Pension
Plan'' means the defined benefit plan (as defined in section 3(35) of
the Employee Retirement Income Security Act of 1974) established on
January 1, 1926, and maintained by the Young Women's Christian
Association Retirement Fund, a corporation created by an Act of the
State of New York which became law on April 12, 1924. | Young Women's Christian Association Pension Clarification Act of 2007 - Applies certain age discrimination safe harbor rules under the Employee Retirement Income Security Act of 1974 (ERISA) and the Age Discrimination in Employment Act of 1967 to civil actions brought on or after April 25, 2007, alleging any age discrimination violation occurring before June 29, 2005, with respect to any benefit provided under the Young Women's Christian Association Pension Plan. | A bill to amend title I of the Employee Retirement Income Security Act of 1974 and the Age Discrimination in Employment Act of 1967 to clarify the age discrimination rules applicable to the pension plan maintained by the Young Woman's Christian Association Retirement Fund. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``High-Capacity Ammunition Magazine
Ban of 2013''.
SEC. 2. DEFINITIONS.
Section 921(a) of title 18, United States Code, is amended by
inserting after paragraph (29) the following:
``(30) The term `large capacity ammunition feeding device'--
``(A) means a magazine, belt, drum, feed strip, or similar
device, including any such device joined or coupled with
another in any manner, that has an overall capacity of, or that
can be readily restored, changed, or converted to accept, more
than 10 rounds of ammunition; and
``(B) does not include an attached tubular device designed
to accept, and capable of operating only with, .22 caliber
rimfire ammunition.
``(31) The term `qualified law enforcement officer' has the meaning
given the term in section 926B.''.
SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES.
(a) In General.--Section 922 of title 18, United States Code, is
amended by inserting after subsection (u) the following:
``(v)(1) It shall be unlawful for a person to import, sell,
manufacture, transfer, or possess, in or affecting interstate or
foreign commerce, a large capacity ammunition feeding device.
``(2) Paragraph (1) shall not apply to the possession of any large
capacity ammunition feeding device otherwise lawfully possessed on or
before the date of enactment of the High-Capacity Ammunition Magazine
Ban of 2013.
``(3) Paragraph (1) shall not apply to--
``(A) the importation for, manufacture for, sale to,
transfer to, or possession by the United States or a department
or agency of the United States or a State or a department,
agency, or political subdivision of a State, or a sale or
transfer to or possession by a qualified law enforcement
officer employed by the United States or a department or agency
of the United States or a State or a department, agency, or
political subdivision of a State for purposes of law
enforcement (whether on or off duty), or a sale or transfer to
or possession by a campus law enforcement officer for purposes
of law enforcement (whether on or off duty);
``(B) the importation for, or sale or transfer to a
licensee under title I of the Atomic Energy Act of 1954 for
purposes of establishing and maintaining an on-site physical
protection system and security organization required by Federal
law, or possession by an employee or contractor of such
licensee on-site for such purposes or off-site for purposes of
licensee-authorized training or transportation of nuclear
materials;
``(C) the possession, by an individual who is retired in
good standing from service with a law enforcement agency and is
not otherwise prohibited from receiving ammunition, of a large
capacity ammunition feeding device--
``(i) sold or transferred to the individual by the
agency upon such retirement; or
``(ii) that the individual purchased, or otherwise
obtained, for official use before such retirement; or
``(D) the importation, sale, manufacture, transfer, or
possession of any large capacity ammunition feeding device by a
licensed manufacturer or licensed importer for the purposes of
testing or experimentation authorized by the Attorney General.
``(4) For purposes of paragraph (3)(A), the term `campus law
enforcement officer' means an individual who is--
``(A) employed by a private institution of higher education
that is eligible for funding under title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070 et seq.);
``(B) responsible for the prevention or investigation of
crime involving injury to persons or property, including
apprehension or detention of persons for such crimes;
``(C) authorized by Federal, State, or local law to carry a
firearm, execute search warrants, and make arrests; and
``(D) recognized, commissioned, or certified by a
government entity as a law enforcement officer.''.
(b) Identification Markings for Large Capacity Ammunition Feeding
Devices.--Section 923(i) of title 18, United States Code, is amended by
adding at the end the following: ``A large capacity ammunition feeding
device manufactured after the date of enactment of the High-Capacity
Ammunition Magazine Ban of 2013 shall be identified by a serial number
and the date on which the device was manufactured or made, legibly and
conspicuously engraved or cast on the device, and such other
identification as the Attorney General shall by regulations
prescribe.''.
(c) Seizure and Forfeiture of Large Capacity Ammunition Feeding
Devices.--Section 924(d) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``or large capacity ammunition
feeding device'' after ``firearm or ammunition'' each
place the term appears;
(B) by inserting ``or large capacity ammunition
feeding device'' after ``firearms or ammunition'' each
place the term appears; and
(C) by striking ``or (k)'' and inserting ``(k), or
(v)'';
(2) in paragraph (2)(C), by inserting ``or large capacity
ammunition feeding devices'' after ``firearms or quantities of
ammunition''; and
(3) in paragraph (3)(E), by inserting ``922(v),'' after
``922(n),''.
SEC. 4. PENALTIES.
Section 924(a)(1)(B) of title 18, United States Code, is amended by
striking ``or (q)'' and inserting ``(q), or (v)''.
SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY
AMMUNITION FEEDING DEVICES.
Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3751(a)(1)) is amended by adding at the end the
following:
``(H) Compensation for surrendered large capacity
ammunition feeding devices, as that term is defined in
section 921 of title 18, United States Code, under buy-
back programs for large capacity ammunition feeding
devices.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of such provision
or amendment to any person or circumstance shall not be affected
thereby. | High-Capacity Ammunition Magazine Ban of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit the importation, sale, manufacture, transfer, or possession, in or affecting interstate or foreign commerce, of a large capacity ammunition feeding device. Defines a "large capacity ammunition feeding device" to: (1) mean a magazine, belt, drum, feed strip, or similar device that has an overall capacity of, or that can be readily changed to accept, more than 10 rounds of ammunition; and (2) exclude an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. Provides exemptions for: (1) devices lawfully possessed before this Act's enactment; (2) federal, state, and local agencies and law enforcement officers; (3) licensees under the Atomic Energy Act for on-site security, off-site training, and transportation of nuclear materials; and (4) authorized testing or experimentation by a licensed firearms manufacturer or importer. Requires a device manufactured after this Act's enactment to be identified by a serial number and the date it was manufactured conspicuously engraved or cast on the device. Sets penalties for violations. Subjects devices used or involved in knowing violation of such Act to seizure and forfeiture. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of Edward Byrne Memorial Justice Assistance Grants for buy-back programs for surrendered large capacity ammunition feeding devices. | High-Capacity Ammunition Magazine Ban of 2013 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Wingate Land Division Act of
2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In January 1993, the active mission of the Fort Wingate
Depot Activity, located in McKinley County, New Mexico (in this
Act referred to as ``Former Fort Wingate Depot Activity''),
ceased, and the installation was closed pursuant to title II of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
(2) The lands occupied by the Former Fort Wingate Depot
Activity were originally the ancestral lands of both the Zuni
Tribe and the Navajo Nation, as indicated by tribal ancestral
histories and the large number of archeological and cultural
sites identified on the lands.
(3) The Secretary of the Interior, with the support of the
Zuni Tribe, the Navajo Nation, and other concerned parties,
determined that, upon completion of environmental remediation
of Former Fort Wingate Depot Activity, lands no longer needed
by the Department of the Army would be transferred to the
Secretary of the Interior and held in trust by the United
States for the benefit of the Zuni Tribe and the Navajo Nation.
(4) On July 8, 2013, the Zuni Tribe and Navajo Nation,
acting through their respective tribal leadership, who received
authority from their tribal governments to enter into good
faith discussions, and through their respective legal
representatives, met in the Capitol office of Congressman Don
Young, with Congressman Ben Ray Lujan and Congressman Steve
Pearce present, for final discussions to fairly divide Former
Fort Wingate Depot Activity.
(5) In the resulting discussions, the tribal leaders
informally agreed to the property divisions reflected in the
map titled ``Fort Wingate Depot Activity Negotiated Property
Division July 2013'' prepared by the Army Corps of Engineers
(in this Act referred to as the ``Map''), and the land division
outlined in section 3 was created in consultation with the Zuni
Tribe and the Navajo Nation.
(6) This Act achieves the goal of fairly dividing Former
Fort Wingate Depot Activity for the benefit of the Zuni Tribe
and the Navajo Nation.
SEC. 3. DIVISION AND TREATMENT OF LANDS OF FORMER FORT WINGATE DEPOT
ACTIVITY, NEW MEXICO, TO BENEFIT ZUNI TRIBE AND NAVAJO
NATION.
(a) Immediate Trust on Behalf of Zuni Tribe; Exception.--Subject to
valid existing rights and to easements reserved pursuant to section 4,
all right, title, and interest of the United States in and to lands of
Former Fort Wingate Depot Activity depicted in blue on the Map and
transferred to the Secretary of the Interior before the date of
enactment of this Act are to be held in trust by the Secretary of the
Interior for the Zuni Tribe of the Zuni Reservation as part of the Zuni
Reservation, unless the Zuni Tribe elects under subparagraphs (B) and
(C) of subsection (c)(3) to have specified parcels of the lands
conveyed to the Zuni Tribe in Restricted Fee Status.
(b) Immediate Trust on Behalf of Navajo Nation; Exception.--Subject
to valid existing rights and to easements reserved pursuant to section
4, all right, title, and interest of the United States in and to lands
of Former Fort Wingate Depot Activity depicted in green on the Map and
transferred to the Secretary of the Interior before the date of
enactment of this Act are to be held in trust by the Secretary of the
Interior for the Navajo Nation as part of the Navajo Reservation,
unless the Navajo Nation elects under subsection (c)(3) to have
specified parcels of the lands conveyed to the Navajo Nation in
restricted fee status.
(c) Subsequent Transfer and Trust; Restricted Fee Status
Alternative.--
(1) Transfer upon completion of remediation.--Not later
than 60 days after the date on which the New Mexico
Environmental Department certifies that remediation of a parcel
of land of Former Fort Wingate Depot Activity has been
completed consistent with section 5, the Secretary of the Army
shall transfer administrative jurisdiction over the parcel to
the Secretary of the Interior.
(2) Notification of transfer.--Not later than 30 days after
the date on which the Secretary of the Interior assumes
administrative jurisdiction over a parcel of land of Former
Fort Wingate Depot Activity under paragraph (1), the Secretary
of the Interior shall notify the Zuni Tribe and Navajo Nation
of the transfer of administrative jurisdiction over the parcel.
(3) Trust or restricted fee status.--
(A) Trust.--Except as provided in subparagraph (B),
the Secretary of Interior shall hold each parcel of
land of Former Fort Wingate Depot Activity transferred
under paragraph (1) in trust--
(i) for the Zuni Tribe, in the case of land
depicted in blue on the Map; or
(ii) for the Navajo Nation, in the case of
land depicted in green on the Map.
(B) Restricted fee status alternative.--In lieu of
having a parcel of land held in trust under
subparagraph (A), the Zuni Tribe, with respect to land
depicted in blue on the Map, and the Navajo Nation,
with respect to land depicted in green on the Map, may
elect to have the Secretary of the Interior convey the
parcel or any portion of the parcel to it in restricted
fee status.
(C) Notification of election.--Not later than 45
days after the date on which the Zuni Tribe or the
Navajo Nation receives notice under paragraph (2) of
the transfer of administrative jurisdiction over a
parcel of land of Former Fort Wingate Depot Activity,
the Zuni Tribe or the Navajo Nation shall notify the
Secretary of the Interior of an election under
subparagraph (B) for conveyance of the parcel or any
portion of the parcel in restricted fee status.
(D) Conveyance.--As soon as practicable after
receipt of a notice from the Zuni Tribe or the Navajo
Nation under subparagraph (C), but in no case later
than six months after receipt of the notice, the
Secretary of the Interior shall convey, in restricted
fee status, the parcel of land of Former Fort Wingate
Depot Activity covered by the notice to the Zuni Tribe
or the Navajo Nation, as the case may be.
(E) Restricted fee status defined.--For purposes of
this Act only, the term ``restricted fee status'', with
respect to land conveyed under subparagraph (D), means
that the land so conveyed--
(i) shall be owned in fee by the Indian
tribe to whom the land is conveyed;
(ii) shall be part of the Indian tribe's
Reservation and expressly made subject to the
jurisdiction of the Indian Tribe;
(iii) shall not be sold by the Indian tribe
without the consent of Congress;
(iv) shall not be subject to taxation by
any government other than the government of the
Indian tribe; and
(v) shall not be subject to any provision
of law providing for the review or approval by
the Secretary of the Interior before an Indian
tribe may use the land for any purpose,
directly or through agreement with another
party.
(d) Survey and Boundary Requirements.--
(1) In general.--The Secretary of the Interior shall--
(A) provide for the survey of lands of Former Fort
Wingate Depot Activity taken into trust for the Zuni
Tribe or the Navajo Nation or conveyed in restricted
fee status for the Zuni Tribe or the Navajo Nation
under subsection (a), (b), or (c); and
(B) establish legal boundaries based on the Map as
parcels are taken into trust or conveyed in restricted
fee status.
(2) Consultation.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Interior shall
consult with the Zuni Tribe and the Navajo Nation to determine
their priorities regarding the order in which parcels should be
surveyed, and, to the greatest extent feasible, the Secretary
shall follow these priorities.
(e) Relation to Certain Regulations.--Part 151 of title 25, Code of
Federal Regulations, shall not apply to taking lands of Former Fort
Wingate Depot Activity into trust under subsection (a), (b), or (c).
SEC. 4. RETENTION OF NECESSARY EASEMENTS AND ACCESS.
(a) Easements for Cleanup and Remediation.--The lands of Former
Fort Wingate Depot Activity held in trust or conveyed in restricted fee
status pursuant to section 3 shall be subject to reservation by the
United States of such easements as the Secretary of the Army determines
are reasonably required to permit access to lands of Former Fort
Wingate Depot Activity for administrative, environmental cleanup, and
environmental remediation purposes. The Secretary of the Army shall
provide to the governments of the Zuni Tribe and the Navajo Nation
written copies of all easements reserved under this subsection.
(b) Shared Access.--
(1) Parcel 1 shared cultural and religious access.--In the
case of the lands of Former Fort Wingate Depot Activity
depicted as Parcel 1 on the Map, the lands shall be held in
trust subject to a shared easement for cultural and religious
purposes only. Both the Zuni Tribe and the Navajo Nation shall
have unhindered access to their respective cultural and
religious sites within Parcel 1. Within one year after the date
of the enactment of this Act, the Zuni Tribe and the Navajo
Nation shall exchange detailed information to document the
existence of cultural and religious sites within Parcel 1 for
the purpose of carrying out this paragraph. The information
shall also be provided to the Secretary of the Interior.
(2) Other shared access.--Subject to the written consent of
both the Zuni Tribe and the Navajo Nation, the Secretary of the
Interior may facilitate shared access to other lands held in
trust or restricted fee status pursuant to section 3,
including, but not limited to, religious and cultural sites.
(c) I-25 Frontage Road Entrance.--The entire access road for Former
Fort Wingate Depot Activity, which originates at the frontage road for
Interstate 25 and leads to the parcel of Former Fort Wingate Depot
Activity depicted as ``administration area'' on the Map, shall be held
in common by both the Zuni Tribe and the Navajo Nation to provide for
equal access to Former Fort Wingate Depot Activity.
(d) Department of Defense Access to Missile Defense Agency
Facility.--Lands held in trust or conveyed in Restricted Fee Status
pursuant to section 3 shall be subject to such easements as may be
reasonably required to permit Department of Defense access to the
Missile Defense Agency facility at Former Fort Wingate Depot Activity.
SEC. 5. ENVIRONMENTAL REMEDIATION.
(a) Responsibility for Cleanup.--Nothing in this Act shall be
construed as alleviating, altering, or affecting the responsibility of
the United States for cleanup and remediation of Former Fort Wingate
Depot Activity according to the terms previously agreed to by the
Secretary of the Army and the New Mexico Environment Department.
(b) Liability.--Neither the Zuni Tribe nor the Navajo Nation shall
be liable for any damages resulting from Department of the Army
activities on Former Fort Wingate Depot Activity or the use by the
Department of the Army of hazardous substances, toxic substances, heavy
metals, explosives, pollutants, contaminants, waste or petroleum
products, or any combination thereof, regardless of when the
contamination is discovered or where it has spread.
(c) Treatment of Claims Against Tribes.--
(1) In general.--The Zuni Tribe and the Navajo Nation shall
be held harmless from any claim, suit, demand, judgment, cost,
or fee arising from Department of the Army activities on or off
the Former Fort Wingate Depot Activity site, or the prior use
of hazardous substances, toxic substances, heavy metals,
explosives, pollutants, contaminants, waste or petroleum
products, or any combination thereof, regardless of when the
contamination is discovered or where it has spread.
(2) Notification requirement.--After a parcel of land of
Former Fort Wingate Depot Activity has been transferred or
conveyed under section 3, the Zuni Tribe or the Navajo Nation
shall notify the Secretary of the Army of the existence or
discovery of any contamination or hazardous material on the
parcel.
(d) Effect of Environmental Certification.--Certification by the
New Mexico Environment Department that a parcel of land of Former Fort
Wingate Depot Activity has been fully remediated shall satisfy all
Federal environmental requirements necessary for the Secretary of the
Army and the Secretary of the Interior to carry out their
responsibilities to transfer or convey the parcel under section 3. | Fort Wingate Land Division Act of 2014 - Declares that all interest of the United States in and to certain lands of the former Fort Wingate Depot Activity in McKinley County, New Mexico, and transferred to the Secretary of the Interior are to be held in trust for the Zuni Tribe as part of the Zuni Reservation, unless the Tribe elects to have specified parcels of those lands conveyed to it in restricted fee status. Declares that all interest of the United States in and to specified lands of the former Fort Wingate Depot Activity and transferred to the Secretary are to be held in trust for the Navajo Nation as part of the Navajo Reservation, unless the Navajo Nation elects to have specified parcels of those lands conveyed to it in restricted fee status. Subjects the lands of the former Fort Wingate Depot Activity held in trust or conveyed in restricted fee status to reservation by the United States of such easements as the Secretary of the Army determines are reasonably required to permit access to lands of the Activity for administrative, environmental cleanup, and environmental remediation purposes. Requires the lands of the former Fort Wingate Depot Activity identified as parcel 1 to be held in trust subject to a shared easement for cultural and religious purposes only. Declares that the entire access road for the former Fort Wingate Depot Activity shall be held in common by both the Zuni Tribe and the Navajo Nation to provide for equal access to the Activity. Subjects lands held in trust or conveyed in restricted fee status to such easements as may be reasonably required to permit the Department of Defense (DOD) access to the Missile Defense Agency facility at the former Fort Wingate Depot Activity. Requires the Zuni Tribe or the Navajo Nation, after a parcel of land has been transferred or conveyed, to notify the Secretary of the Army of the existence or discovery of any contamination or hazardous material on it. | Fort Wingate Land Division Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Neighborhood Reclamation
Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The subprime mortgage foreclosure crisis has led to the
widespread and unprecedented abandonment of housing in many
urban neighborhoods.
(2) Communities that have experienced a significant
decrease in population since 1980 due to the loss of well-
paying manufacturing jobs and subsequent economic decline were
already subject to a severe problem of vacant and abandoned
housing when the subprime mortgage foreclosure crisis struck,
further exacerbating the problem.
(3) Although the prompt demolition and removal of vacant
and abandoned housing is necessary in order to protect public
health and safety, communities experiencing both economic
decline and large numbers of subprime mortgage foreclosures
have insufficient resources to demolish and remove such housing
in a timely manner.
(4) Emergency grant assistance to such communities would
enable them to quickly demolish and remove vacant and abandoned
housing in order to promote public health and safety, and to
create open space that could be used for park land, recreation,
future economic and residential development, or other purposes
that would benefit such communities.
SEC. 3. GRANT PROGRAM TO ASSIST MUNICIPALITIES WITH A VACANT HOUSING
PROBLEM.
(a) Authority To Make Grants.--From the amounts appropriated under
section 4, the Secretary of Housing and Urban Development shall make
grants to eligible units of general local government for the purpose of
neighborhood reclamation in accordance with subsection (c).
(b) Eligibility Requirements.--To be eligible to receive a grant
under subsection (a), a unit of general local government shall submit
to the Secretary, at such time and in such manner as the Secretary may
require pursuant to regulations, an application that demonstrates that
such local government has--
(1) experienced significant population loss within its
jurisdiction since 1980, as measured by decennial census data;
(2) neighborhoods or other areas within its jurisdiction
with--
(A) a high incidence of vacant and abandoned
housing, or other vacant and abandoned structures,
located in areas that are primarily residential in
character; and
(B) substantial urban decay and neighborhood
degradation resulting from such housing or such other
structures; and
(3) a comprehensive plan for the demolition of all such
housing, and such other structures, within the jurisdiction of
such local government, that will increase the stability of
neighborhoods, or promote the rational utilization of land,
within the jurisdiction of such local government.
(c) Purposes.--A unit of local government awarded a grant under
subsection (a), shall use such grant to fund--
(1) the demolition of vacant and abandoned housing, and
other vacant and abandoned structures, located in areas that
are primarily residential in character, and which are within
the jurisdiction of such local government, pursuant to such
local government's comprehensive plan for demolition under
subsection (b)(3);
(2) prior to demolition, the abatement of any health and
safety hazards in accordance with applicable State and Federal
laws, within such housing or such other structures, or on the
site upon which such housing or other structures are located;
and
(3) after demolition--
(A) the capping or removal of utility connections
and public infrastructure, including street pavements
and sewer lines; and
(B) the rehabilitation of a site for use as public
open space, inclusion in a land bank, or for sale.
(d) Reports.--One year after the Secretary awards a grant under
this Act to a unit of general local government, such local government
shall submit to the Secretary a report on--
(1) the number of houses and other structures demolished,
and the number of houses and other structures remaining to be
demolished, pursuant to such local government's comprehensive
plan under subsection (b)(3); and
(2) the amount of site rehabilitation completed pursuant to
subsection (c)(3)(B).
(e) Relation to Other Programs of the Department of Housing and
Urban Development.--The Secretary's award of a grant under this Act to
a unit of general local government shall not affect a decision by the
Secretary to award funding to such local government for the demolition
of vacant and abandoned housing under any other program of the
Department of Housing and Urban Development.
(f) Relation to Other Law.--Nothing in this Act shall be construed
to waive any obligations under local, State, and Federal law.
(g) Public Housing.--Funds made available under this Act shall not
be used to demolish public housing, as such term is defined in section
3 of the United States Housing Act of 1937 (42 U.S.C. 1437a).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act,
$1,000,000,000 for fiscal year 2009, and such sums as are necessary for
each fiscal year thereafter.
SEC. 5. IMPLEMENTATION.
(a) Effective Date.--This Act shall take effect not later than 60
days after the date that funds are appropriated or otherwise made
available to carry out this Act.
(b) Interim Regulations.--The Secretary shall issue such interim
regulations as may be necessary to implement this Act not later than 60
days after the effective date in subsection (a).
(c) Final Regulations.--The Secretary shall issue final regulations
necessary to implement this Act not later than 180 days after such
effective date.
SEC. 6. DEFINITIONS.
In this Act--
(1) the term ``Secretary'' means the Secretary of Housing
and Urban Development;
(2) the term ``unit of general local government'' means a
unit of general local government as defined in section 102 of
the Housing and Community Development Act of 1974 (42 U.S.C.
5302); and
(3) the term ``other vacant and abandoned structures''
means vacant and abandoned structures not used for residential
purposes, or used for a combination of residential and other
purposes. | Emergency Neighborhood Reclamation Act of 2008 - Requires the Secretary of Housing and Urban Development (HUD) to make grants to eligible units of general local government for neighborhood reclamation.
Specifies grant applicant eligibility requirements, including a comprehensive plan for the demolition of all vacant and abandoned housing and other structures within the local government's jurisdiction that will increase the stability of neighborhoods, or promote the rational utilization of land within that jurisdiction.
Requires the use of such grant to fund: (1) the demolition of vacant and abandoned housing, and other vacant and abandoned structures, located in areas that are primarily residential in character; (2) the abatement, before demolition, of any health and safety hazards within such housing or structures, or on the site upon which such housing or other structures are located; and (3) the capping or removal, after demolition, of utility connections and public infrastructure, including street pavements and sewer lines, and the rehabilitation of a site for use as public open space, inclusion in a land bank, or for sale.
Prohibits the use of funds made available under this Act to demolish public housing. | To authorize the Secretary of Housing and Urban Development to make grants to assist local governments with vacant housing problems, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immediate Financial Assistance for
America's Seniors Act of 2008''.
SEC. 2. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING SOCIAL
SECURITY BENEFITS.
(a) 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. 6431. 2008 RECOVERY REBATES FOR CERTAIN INDIVIDUALS RECEIVING
SOCIAL SECURITY BENEFITS.
``(a) In General.--In the case of an eligible individual who is an
eligible social security recipient, there shall be allowed as a credit
against the tax imposed by subtitle A for the first taxable year
beginning in 2008 an amount equal $300 ($600 in the case of a joint
return).
``(b) Treatment of Credit.--The credit allowed by subsection (a)
shall be treated as allowed by subpart C of part IV of subchapter A of
chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The amount of the
credit allowed by subsection (a) (determined without regard to this
subsection and subsection (f)) shall be reduced (but not below zero) by
5 percent of so much of the taxpayer's adjusted gross income as exceeds
$75,000 ($150,000 in the case of a joint return).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible social security recipient.--The term
`eligible social security recipient' means, with respect to any
taxable year, any taxpayer who--
``(A) received a social security benefit (as
defined in section 86(d)) during such taxable year, and
``(B) has earned income which is less than $3,000.
``(2) Eligible individual.--The term `eligible individual'
means any individual other than--
``(A) any nonresident alien individual,
``(B) any individual with respect to whom a
deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar
year in which the individual's taxable year begins, and
``(C) an estate or trust.
``(3) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that--
``(A) subclause (II) of subparagraph (B)(vi)
thereof shall be applied by substituting `January 1,
2009' for `January 1, 2008', and
``(B) such term shall not include net earnings from
self-employment which are not taken into account in
computing taxable income.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as arising
out of a mathematical or clerical error and assessed according
to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Each individual who was an eligible
individual for such individual's first taxable year beginning
in 2007 shall be treated as having made a payment against the
tax imposed by chapter 1 for such first taxable year in an
amount equal to the advance refund amount for such taxable
year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such first
taxable year if this section (other than subsection (e) and
this subsection) had applied to such taxable year.
``(3) Timing of payments.--The Secretary shall, subject to
the provisions of this title, refund or credit any overpayment
attributable to this section as rapidly as possible. No refund
or credit shall be made or allowed under this subsection after
December 31, 2008.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.''.
(b) Treatment of Possessions.--
(1) Mirror code possession.--The Secretary of the Treasury
shall make a payment to each possession of the United States
with a mirror code tax system in an amount equal to the loss to
that possession by reason of the amendments made by this
section. Such amount shall be determined by the Secretary of
the Treasury based on information provided by the government of
the respective possession.
(2) Other possessions.--The Secretary of the Treasury shall
make a payment to each possession of the United States which
does not have a mirror code tax system in an amount estimated
by the Secretary of the Treasury as being equal to the
aggregate benefits that would have been provided to residents
of such possession by reason of the amendments made by this
section if a mirror code tax system had been in effect in such
possession. The preceding sentence shall not apply with respect
to any possession of the United States unless such possession
has a plan, which has been approved by the Secretary of the
Treasury, under which such possession will promptly distribute
such payment to the residents of such possession.
(3) Definitions and special rules.--
(A) Possession of the united states.--For purposes
of this subsection, the term ``possession of the United
States'' includes the Commonwealth of Puerto Rico and
the Commonwealth of the Northern Mariana Islands.
(B) Mirror code tax system.--For purposes of this
subsection, the term ``mirror code tax system'' means,
with respect to any possession of the United States,
the income tax system of such possession if the income
tax liability of the residents of such possession under
such system is determined by reference to the income
tax laws of the United States as if such possession
were the United States.
(C) Treatment of payments.--For purposes of section
1324(b)(2) of title 31, United States Code, the
payments under this subsection shall be treated in the
same manner as a refund due from the credit allowed
under section 6431 of the Internal Revenue Code of 1986
(as added by this section).
(c) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 6431'' after
``section 35''.
(2) The table of contents for subchapter B of chapter 65 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 6431. 2008 recovery rebates for certain individuals receiving
social security benefits.''. | Immediate Financial Assistance for America's Seniors Act of 2008 - Amends the Internal Revenue Code to allow social security recipients with earned income less than $3,000 a $300 refundable tax credit ($600 for married couples filing a joint tax return) in 2008. Reduces the amount of such credit by 5% of the amount by which the taxpayer's adjusted gross income exceeds $75,000. | To amend the Internal Revenue Code of 1986 to provide recovery rebates to certain individuals receiving social security benefits. |
SECTION 1. EXCHANGE OF LANDS WITH THE WATER CONSERVANCY DISTRICT OF
WASHINGTON COUNTY, UTAH.
(a) In General.--Subject to the provisions of this Act, if within
18 months after the date of the enactment of this Act, the Water
Conservancy District of Washington
County, Utah, offers to transfer to the United States all right, title,
and interest of the District in and to the Bulloch Site, the Secretary
of the Interior shall, in exchange, transfer to the District all right,
title, and interest of the United States in and to the Sand Hollow
Site, the Quail Creek Pipeline and Quail Creek Reservoir, subject to
valid existing rights.
(b) Water Rights Associated With the Bulloch Site.--The water
rights associated with the Bulloch Site shall not be included in the
transfer under subsection (a) but shall be subject to an agreement
between the District and the Secretary that the water remain in the
Virgin River as an instream flow from the Bulloch Site to the diversion
point of the District at the Quail Creek Reservoir.
(c) Withdrawal of Mineral Interests.--Subject to valid existing
rights, the mineral interests underlying the Sand Hollow Site, the
Quail Creek Reservoir, and the Quail Creek Pipeline are hereby
withdrawn from disposition under the public land laws and from
location, entry, and patent under the mining laws of the United States,
from the operation of the mineral leasing laws of the United States,
from the operation of the Geothermal Steam Act of 1970, and from the
operation of the Act of July 31, 1947, commonly known as the
``Materials Act of 1947'' (30 U.S.C. 601 et seq.).
(d) Grazing.--The exchange of lands under subsection (a) shall be
subject to agreement by the District to continue to permit the grazing
of domestic livestock on the Sand Hollow Site under the terms and
conditions of existing Federal grazing leases or permits, except that
the District, upon terminating any such lease or permit, shall fully
compensate the holder of the terminated lease or permit.
SEC. 2. EQUALIZATION OF VALUES.
The value of the lands transferred out of Federal ownership under
section 1 either shall be equal to the value of the lands received by
the Secretary under section 1 or, if not, shall be equalized by--
(1) to the extent possible, transfer of all right, title,
and interest of the District in and to lands in Washington
County, Utah, and water rights of the District associated
thereto, which are within the area providing habitat for the
desert tortoise, as determined by the Director of the Bureau of
Land Management;
(2) transfer of all right, title, and interest of the
District in and to lands in the Smith Site and water rights of
the District associated thereto; and
(3) the payment of money of the Secretary, to the extent
that lands and rights transferred under paragraphs (1) and (2)
are not sufficient to equalize the values of the lands
exchanged under section 1.
SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED STATES.
Lands acquired by the Secretary under this Act shall be
administered by the Secretary, acting through the Director of the
Bureau of Land Management, in accordance with the provisions of law
generally applicable to the public lands, including the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.
The exchange of lands under this Act is not subject to section 102
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
SEC. 5. DEFINITIONS.
As used in this Act:
(1) District.--The term ``District'' means the Water
Conservancy District of Washington County, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Bulloch site.--The term ``Bulloch Site'' means the
lands located in Kane County, Utah, adjacent to Zion National
Park, more particularly described as follows:
BULLOCH SITE
Section Acres
T 39 S R 9 W (Private) 32 S\1/2\ 320
33 SW\1/4\, S\1/2\ 180
SW\1/4\ NW\1/4\
----------
Total 500
----------
T 40 S R 9 W (State) 5 S\1/2\, SW\1/4\ 400
NE\1/4\, NE\1/
4\ NE\1/4\
6 S\1/2\, NE\1/4\ 480
----------
Total 880
----------
GRAND TOTAL 1,380
(4) Sand hollow site.--The term ``Sand Hollow Site'' means
the lands located in Washington County, Utah, more particularly
described as follows:
SAND HOLLOW RESERVOIR SITE
Section Acres
T 42 S R 14 W 13 SW\1/4\ 160
23 E\1/2\, E\1/2\ 480
W\1/2\
24 All 640
26 NE\1/4\, E\1/2\ 320
NW\1/4\, N\1/2\
SE\1/2\
25 All 640
T 42 S R 13 W 19 W\1/2\, SW\1/4\ 360
SE\1/4\
30 W\1/2\, W\1/2\ 400
NE\1/4\
----------
GRAND TOTAL 3,000
(5) Quail creek pipeline.--The term ``Quail Creek
Pipeline'' means the lands located in Washington County, Utah,
more particularly described as follows:
QUAIL CREEK PIPELINE
Section Acres
T 41 S R 12 W 30 NW\1/4\ NW\1/4\ 40
River-pipeline
----------
Total 40
(6) Quail creek reservoir.--The term ``Quail Creek
Reservoir'' means the lands located in Washington County, Utah,
more particularly described as follows:
QUAIL CREEK RESERVOIR
Section Acres
T 41 S R 14 W 23 Tract 38 9.51
23 Lot 2 40.00
23 SW\1/4\ SW\1/4\ 2.50
SE\1/4\ SE\1/4\
----------
Total 52.01
25 W\1/2\ SW\1/4\ 20
NW\1/4\
25 SE\1/4\ SW\1/4\ 10
NW\1/4\
25 W\1/2\ SE\1/4\ 5
SE\1/4\ NW\1/4\
25 NW\1/4\ SW\1/4\ 40
25 W\1/2\ W\1/2\ 10
NE\1/4\ SW\1/4\
----------
Total 85
26 Lot 1 15.97
26 Lot 8 40.00
26 Lot 12 17.45
26 Lot 15 42.23
26 Lot 16 42.39
26 SE\1/4\ NE\1/4\ 40.00
----------
Total 198.04
35 E\1/2\ E\1/2\ 40.00
NW\1/4\
35 SW\1/4\ NE\1/4\ 40.00
35 W\1/2\ SE\1/4\ 20.00
NE\1/4\
35 NE\1/4\ SE\1/4\ 10.00
NE\1/4\
35 N\1/2\ NW\1/4\ 20.00
SE\1/4\
35 NW\1/4\ NE\1/4\ 10.00
SE\1/4\
35 N\1/2\ SE\1/4\ 5.00
NW\1/4\ SE\1/4\
----------
Total 145.00
----------
Grand Total 480.05
(7) Smith site.--The term ``Smith Site'' means the lands
located in Washington County, Utah, adjacent to Zion National
Park and more particularly described as follows:
SMITH PROPERTY
Section
T 40 S R 11 W 5 Lots 3, 4, 5, 6, 7, 8,
9, 10, & 11 E\1/2\
SW\1/4\, SE\1/4\ NW\1/
4\
6 Lot 1, S\1/2\, NE\1/4\
and beginning at a
point 2 rods west of
the northeast corner
of the northeast
quarter of the
southeast quarter;
thence east 2 rods;
thence south 80 rods;
thence west 16 rods;
thence in a
northeasterly
direction to the
point of beginning
8 E\1/2\ NW\1/4\, E\1/2\
SW\1/4\ and lots 1 &
2 excepting the south
1200 feet of the SE\1/
4\ SW\1/4\
T 39 S R 11 W 30 W\1/2\ NE\1/4\, W\1/2\
SE\1/4\, SE\1/4\ SW\1/
4\, W\1/2\ SE\1/4\
NE\1/4\, W\1/2\ E\1/
2\ SE\1/4\
31 E\1/2\, E\1/2\ SW\1/4\
and lots 3 & 4
32 SW\1/4\
Containing 1,550 acres
more or less
Passed the House of Representatives November 7, 1995.
Attest:
ROBIN H. CARLE,
Clerk. | Directs the Secretary of the Interior to transfer to the Water Conservancy District of Washington County, Utah, the Sand Hollow Site, the Quail Creek Pipeline, and the Quail Creek Reservoir, if the District offers to transfer to the United States the Bulloch Site in Kane County, excluding water rights.
Withdraws the mineral interests underlying the Sand Hollow Site, the Quail Creek Reservoir, and the Quail Creek Pipeline from disposition under the public land laws, from location, entry, and patent under U.S. mining laws, and from the operation of the U.S. mineral leasing laws, the Geothermal Steam Act of 1970, and the Act of July 31, 1947.
Conditions the exchange of lands upon the District's agreement to continue to permit the grazing of domestic livestock on the Sand Hollow Site under existing Federal grazing leases or permits. | To provide for an exchange of lands with the Water Conservancy District of Washington County, Utah. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearms Corrections and
Improvements Act''.
SEC. 2. CORRECTION OF NONSUBSTANTIVE ERROR IN AGE LIMIT PROVISION.
Section 922(b)(1) of title 18, United States Code, is amended to
read as follows:
``(1) any firearm or ammunition to any individual who the
licensee knows or has reasonable cause to believe has not
attained 18 years of age, and, if the firearm is other than a
shotgun or rifle, or the ammunition is for a firearm other than
a shotgun or rifle, to any individual who the licensee knows or
has reasonable cause to believe has not attained 21 years of
age;''.
SEC. 3. POSSESSION AND TRANSFER OF MACHINEGUNS FOR INDUSTRY TESTING AND
SECURITY CONTRACTING.
(a) Machineguns for Federal Contractors.--Section 922(a)(4) of
title 18, United States Code, is amended by striking ``except'' and all
that follows and inserting ``except--
``(A) as specifically authorized by the Attorney
General consistent with public safety and necessity; or
``(B) to comply with a contract between any person
and the United States which requires that person to
provide national security services for the United
States or any training related to such services;''.
(b) Sale or Delivery of Machineguns to Federal Contractors.--
Section 922(b) of such title is amended by adding at the end the
following: ``Paragraphs (2) and (4) of this subsection shall not apply
to a sale or delivery to comply with a contract between any person and
the United States which requires that person to provide national
security services for the United States or any training related to the
services.''.
(c) Post-86 Machineguns for Testing, Research and Development,
Training, and Security.--Section 922(o) of such title is amended--
(1) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(A); and
(B) by redesignating subparagraph (B) as
subparagraph (E) and inserting after subparagraph (A)
the following:
``(B) a transfer to, or possession by, a person to comply
with a contract between that person and the United States which
requires the person to provide national security services for
the United States or any training related to the services;
``(C) a transfer to, or possession by, a licensed
manufacturer or licensed importer solely for testing, research,
design, or development of ammunition or a firearm;
``(D) a possession by a licensed manufacturer or licensed
importer for the purposes of training persons to whom a
machinegun, manufactured or imported by the licensee, may be
transferred as described in subparagraph (A) or (B); or''; and
(2) by adding at the end the following:
``(3) A person shall not transfer a machinegun to another person in
the circumstances described in paragraph (2)(B) of this subsection,
unless the Attorney General has notified the person that the Attorney
General has determined, based on the fingerprints of such other person
and on information in the national instant criminal background check
system established under section 103 of the Brady Handgun Violence
Prevention Act, that such other person is not prohibited from
possessing or receiving a firearm under Federal or State law.''.
(d) Importation of Machineguns.--Section 925(d) of such title is
amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period and inserting
``; or''; and
(3) by inserting after paragraph (4) the following:
``(5) is imported or brought in for a purpose described in
subparagraph (B), (C), or (D) of section 922(o)(2).''.
(e) Importation Under the National Firearms Act.--Section 5844 of
the National Firearms Act (26 U.S.C. 5844) is amended--
(1) in paragraph (3), by inserting ``or'' after the
semicolon; and
(2) by inserting after paragraph (3) the following:
``(4) a machinegun being imported or brought in to comply
with a contract between any person and the United States which
requires the person to provide national security services for
the United States or any training related to the services; or
``(5) a machinegun being imported or brought in by a
registered importer or registered manufacturer for the purposes
of training persons who acquire machineguns pursuant to
paragraph (1) that were manufactured or imported by the
registrant.''.
(f) National Security Services Defined.--Section 921(a) of such
title is amended by adding at the end the following:
``(36) The term `national security services' means any protective,
defensive, or security service provided pursuant to a contract or
subcontract with a department or agency of the United States.''.
(g) Effective Date.--The amendments made by this section shall take
effect after the 180-day period that begins with the date of the
enactment of this Act.
SEC. 4. ELIMINATION OF OBSOLETE LANGUAGE ADDED BY THE BRADY HANDGUN
VIOLENCE PREVENTION ACT.
Section 922 of title 18, United States Code, is amended--
(1) by striking subsection (s); and
(2) in subsection (t), by striking ``Beginning'' and all
that follows through ``a licensed'' and inserting ``A
licensed''.
SEC. 5. BAN ON TAX OR FEE FOR BACKGROUND CHECK BY THE NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
Section 922(t) of title 18, United States Code, is amended by
adding at the end the following:
``(7) The Attorney General shall not charge any tax or fee for any
background check conducted pursuant to this subsection.''.
SEC. 6. ELIMINATION OF WRITTEN PERMISSION REQUIREMENT FOR SUPERVISED
HANDGUN USE.
Section 922(x)(3)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking subclause (II) and
inserting the following:
``(II) with respect to ranching or farming
activities, target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun, as described in clause (i), a
juvenile may possess and use a handgun or
ammunition without the prior written consent,
if the parent or legal guardian is present at
all times and the juvenile acts at the
direction of a parent, legal guardian, or other
adult who is not prohibited by Federal, State,
or local law from possessing a firearm;''; and
(2) in clause (iii), by inserting ``except as provided in
clause (ii)(II),'' after ``(iii)''.
SEC. 7. ELIMINATION OF DUPLICATIVE MULTIPLE SALES REPORT REQUIREMENT.
Subsection 923(g)(3) of title 18, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``(A)''; and
(B) in the 2nd sentence, by striking ``and to the
department of State police'' and all that follows
through ``took place''; and
(2) by striking subparagraph (B).
SEC. 8. BAN ON ELECTRONIC RETRIEVAL OF FIREARMS PURCHASER INFORMATION.
Subsection 923(g)(4) of title 18, United States Code, is amended
by adding at the end the following: ``The Attorney General shall not
electronically retrieve information gathered pursuant to this paragraph
by name or by any personal identification code.''.
SEC. 9. TRACE DISCLOSURE.
Section 923(g) of title 18, United States Code, is amended by
adding at the end the following:
``(8)(A) Information required to be kept by licensees pursuant to
this subsection, or required to be reported pursuant to paragraphs (3)
and (7) of this subsection, and information in the firearms trace
system database maintained by the National Trace Center of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives, shall not be--
``(i) disclosed to any entity, except to a Federal, State,
local, or foreign law enforcement agency or a Federal, State,
or local prosecutor solely in connection with and for use in a
bona fide criminal investigation or prosecution, and only to
the extent that the information pertains to the geographic
jurisdiction of the law enforcement agency or prosecutor
requesting the disclosure; or
``(ii) made available for use in any civil action or
proceeding other than--
``(I) an action or proceeding commenced by the
Attorney General to enforce this chapter; or
``(II) a review of such an action or proceeding.
``(B) The information described in subparagraph (A) shall be immune
from legal process, shall not be subject to subpoena or other
discovery, and shall not be admissible as evidence, and testimony or
other evidence relying on the information shall not be admissible, in
any civil action in a State or Federal court, or in any administrative
proceeding other than a proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives to enforce this chapter, or a review
of such an action or proceeding.
``(C) This subsection shall not be construed to prevent the
disclosure of statistical information concerning total production,
importation, and exportation by each licensed importer and licensed
manufacturer.''.
SEC. 10. BARREL AND RECEIVER IMPORTATION.
(a) In General.--Section 925(e) of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``, and'' and inserting a
period;
(2) by adding at the end the following:
``(3) All frames or receivers of rifles, or barrels for
firearms other than handguns, if the importation is for repair
or replacement purposes.''.
(b) Governmental Imports.--Section 925(a)(1) of such title is
amended by inserting ``, barrel,'' after ``or importation of any
firearm''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Firearms Corrections and Improvements Act - Amends firearms provisions of the federal criminal code to: (1) lift restrictions on the possession, transfer, and importation of machineguns, and certain other shotguns and rifles, for contractors providing national security services for the United States and training related to such services, and for manufacturers for testing, research, design, or development purposes; (2) prohibit the Attorney General from charging any tax or fee for any background check by the national instant criminal background check system; (3) permit juveniles to possess and use a handgun or ammunition for certain activities without written parental consent if the parent is present when the juvenile is using the handgun; (4) eliminate certain reporting requirements for multiple handgun sales (more than one sale within five days) by dealers to state police and law enforcement agencies; (5) prohibit the Attorney General from electronically retrieving records of gun dealers who have gone out of business by name or any personal identification code; (6) limit disclosure of trace records; and (7) allow importation of barrels, frames, and receivers for firearms other than handguns for repair or replacement purposes. | To make technical changes to Federal firearms laws and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hunger Free Summer for Kids Act of
2015''.
SEC. 2. ALTERNATIVE OPTIONS FOR PROGRAM DELIVERY.
Section 13 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1761) is amended--
(1) in subsection (a), by adding at the end the following:
``(13) Alternative options for program delivery.--
``(A) In general.--To reach children that do not
have readily available access to meals provided under
this section, the Secretary shall establish 2
alternative options for program delivery, including
summer food service program meals delivered through--
``(i) an electronic benefit card (referred
to this paragraph as an `EBT card') in
accordance with subparagraph (C); and
``(ii) off-site consumption in accordance
with subparagraph (D).
``(B) Purpose.--The Secretary shall design and
implement the alternative options described in
subparagraph (A) so as--
``(i) to increase program effectiveness and
efficiency;
``(ii) to improve child nutrition; and
``(iii) to reduce food insecurity among
children.
``(C) Electronic benefit transfer card.--
``(i) In general.--As an alternative to the
meals provided by eligible service institutions
and private nonprofit organizations at
congregate feeding sites, the Secretary shall
establish an option for States, beginning in
summer 2018, to issue EBT cards to children
eligible to participate in the program.
``(ii) Amount.--
``(I) In general.--Subject to
subclause (III), the value of an EBT
card under this subparagraph shall be
$30, less administrative expenses, for
each child.
``(II) Annual limitation.--No child
may receive more than $100 under this
subparagraph in any 12-month period.
``(III) Adjustment.--Each January
1, the Secretary shall adjust the value
described in subclause (I) by the same
percentage as the adjustment made under
subsection (b)(1)(B).
``(iii) Timing of issuance.--EBT cards
under this subparagraph may be used only when
school is out of session for the summer period,
as defined by the Secretary.
``(iv) Use of benefits.--
``(I) In general.--An EBT card
issued under this subparagraph may be
used only for the purchase of food from
retail stores approved for
participation in the special
supplemental nutrition program for
women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
``(II) Benefit redemption.--A
retail store shall redeem EBT card
benefits under this subparagraph in the
same manner as benefit redemption under
the special supplemental nutrition
program described in subclause (I).
``(v) Administration.--In administering the
alternative option described in clause (i), the
Secretary shall ensure that--
``(I) EBT cards are issued only to
children residing--
``(aa) in a rural area, as
defined by the Secretary; or
``(bb) outside an area in
which poor economic conditions
exist;
``(II) EBT cards are not issued in
an area in which congregate feeding
sites are operating until the date on
which the Secretary promulgates a
regulation to prevent duplication in
benefits received;
``(III) not more than 2.5 percent
of the amount of benefits described in
clause (ii)(I) is used for
administrative expenses;
``(IV) EBT cards are issued to
children only through an application
process developed by the Secretary; and
``(V) EBT cards are issued only to
children who have been determined to be
eligible for free or reduced price
school meals under this Act and the
Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.).
``(D) Off-site consumption.--
``(i) In general.--The Secretary shall
establish an option for service institutions,
beginning in summer 2018, to provide summer
food service program meals for children
eligible to participate in the program to
consume off-site.
``(ii) Availability.--The option described
in clause (i) shall be available to children
only when at least 1 of the following
conditions is present:
``(I) The child lives in a rural
area, as defined by the Secretary.
``(II) The child lives outside an
area in which poor economic conditions
exist.
``(III) The program is available to
the child at a congregate feeding site
but--
``(aa) the site is closed
due to extreme weather
conditions;
``(bb) violence or other
public safety concerns in the
area prevent the child from
traveling safely to the site;
``(cc) the site is only
open 4 or fewer days a week; or
``(dd) the site only
provides 1 meal per day.
``(iii) Administration.--In administering
the alternative option described in clause (i),
the Secretary shall ensure that--
``(I) when providing meals under
the condition described in clause
(ii)(III)(cc), the number of meals
served to each child in a single meal
service is limited to 2 meals; and
``(II) any meal served meets the
same standards for safety and quality
as a meal served at a congregate
feeding site.
``(E) Scope.--In implementing the alternative
options described in subparagraph (A), the Secretary
shall--
``(i) permit States to operate either
alternative option but prohibit States from
operating both alternative delivery options
simultaneously in the same area; and
``(ii) permit States to implement either
alternative option in some or all eligible
areas in a State.
``(F) Program integrity.--Not later than October 1,
2017, the Secretary shall promulgate regulations, with
an opportunity for notice and comment, to ensure the
integrity of the 2 alternative options for program
delivery described in this paragraph.''; and
(2) in subsection (n)--
(A) by striking ``and (6)'' and inserting ``(6)'';
and
(B) by striking the period at the end and inserting
``; and (7) the plans of the State for using 1 or both
of the alternative options for program delivery
described in subsection (a)(13).''. | Hunger Free Summer for Kids Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to establish electronic benefit (EBT) cards and off-site consumption as two alternative delivery options for schools and service institutions in the summer food service program for children. These options shall be available to a child only if the child lives either in a rural area or outside of an area in which poor economic conditions exist, or, in the case of off-site consumption, if the summer program is available to the child at a congregate feeding site but the site is inaccessible, as specified by the bill. A state may not operate the EBT card option and the off-site consumption option simultaneously in the same area. Each state desiring to participate in the summer food service program shall include in its annual management and administration plan the state's plans for using one or both of these alternative delivery options. | Hunger Free Summer for Kids Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Endangered Salmon Predation
Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) preventing predation by sea lions, recovery of listed
salmonid stocks, and preventing future listings of fish stocks in
the Columbia River under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) is a vital priority; and
(2) the Federal Government should continue to fund lethal and
nonlethal removal, and deterrence, measures for preventing such
predation.
SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES
TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER
NONLISTED FISH SPECIES.
Section 120(f) of the Marine Mammal Protection Act of 1972 (16
U.S.C. 1389(f)) is amended to read as follows:
``(f) Temporary Marine Mammal Removal Authority on the Waters of
the Columbia River or Its Tributaries.--
``(1) Removal authority.--Notwithstanding any other provision
of this Act, the Secretary may issue a permit to an eligible entity
to authorize the intentional lethal taking on the waters of the
Columbia River and its tributaries of individually identifiable sea
lions that are part of a population or stock that is not
categorized under this Act as depleted or strategic for the purpose
of protecting--
``(A) species of salmon, steelhead, or eulachon that are
listed as endangered species or threatened species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
``(B) species of lamprey or sturgeon that are not so listed
as endangered or threatened but are listed as a species of
concern.
``(2) Permit process.--
``(A) In general.--An eligible entity may apply to the
Secretary for a permit under this subsection.
``(B) Timelines and procedures of application.--The
timelines and procedures described in subsection (c) shall
apply to applications for permits under this subsection in the
same manner such timelines apply to applications under
subsection (b).
``(C) Coordination.--The Secretary shall establish
procedures to coordinate issuance of permits under this
subsection, including application procedures and timelines,
delegation and revocation of permits to and between eligible
entities, monitoring, periodic review, and geographic, seasonal
take, and species-specific considerations.
``(D) Duration of permit.--A permit under this subsection
shall be effective for a period of not more than 5 years, and
may be renewed by the Secretary.
``(3) Limitations on annual takings.--The Secretary shall apply
the process for determining limitations on annual take of sea lions
under subsection (c) to determinations on limitations under this
subsection, and the cumulative number of sea lions authorized to be
taken each year under all permits in effect under this subsection
shall not exceed 10 percent of the annual potential biological
removal level for sea lions.
``(4) Qualified individuals.--Intentional lethal takings under
this subsection shall--
``(A) be humane within the meaning of such term under
section 3(4);
``(B) require that capture, husbandry, transportation, and
euthanasia protocols are based on standards propagated by an
Institutional Animal Care and Use Committee and that primary
euthanasia be limited to humane chemical methods; and
``(C) be implemented by agencies or qualified individuals
described in subsection (c)(4), or by individuals employed by
the eligible entities described in paragraph (6).
``(5) Suspension of permitting authority.--If, 5 years after
the date of the enactment of the Endangered Salmon Predation
Prevention Act, the Secretary, after consulting with State and
tribal fishery managers, determines that lethal removal authority
is no longer necessary to protect salmonid and other fish species
from sea lion predation, the Secretary shall suspend the issuance
of permits under this subsection.
``(6) Eligible entity defined.--
``(A) Definition.--In this subsection, the term `eligible
entity' means--
``(i) with respect to removal in the mainstem of the
Columbia River, from river mile 112 to the McNary Dam and
its tributaries in the State of Washington, and its
tributaries in the State of Oregon above Bonneville Dam,
the State of Washington, the State of Oregon, and the State
of Idaho;
``(ii) with respect to removal in the mainstem Columbia
River from river mile 112 to the McNary Dam and its
tributaries within the State of Washington and in any of
its tributaries above Bonneville Dam within the State of
Oregon, the Nez Perce Tribe, the Confederated Tribes of the
Umatilla Indian Reservation, the Confederated Tribes of the
Warm Springs Reservation of Oregon, and the Confederated
Tribes and Bands of the Yakama Nation; and
``(iii) with respect to removal in the Willamette River
and other tributaries of the Columbia River within the
State of Oregon below Bonneville Dam, a committee
recognized by the Secretary under subparagraph (D).
``(B) Delegation authority.--The Secretary may allow
eligible entities described in clause (i) or (ii) of
subparagraph (A) to delegate their authority under a permit
under this subsection to the Columbia River Intertribal Fish
Commission for removal in the mainstem of the Columbia River
above river mile 112 and below McNary Dam, in the Columbia
River tributaries in the State of Washington, or in tributaries
within the State of Oregon above Bonneville Dam and below
McNary Dam.
``(C) Additional delegation authority.--The Secretary may
allow an eligible entity described in subparagraph (A)(i) to
delegate its authority under a permit under this subsection to
any entity described in subclause (i) or (ii) of subparagraph
(A) with respect to removal in the mainstem of the Columbia
River above river mile 112 and below McNary Dam, in the
Columbia River tributaries in the State of Washington, or in
tributaries in the State of Oregon above Bonneville Dam and
below McNary Dam.
``(D) Committee requirements.--
``(i) In general.--The Secretary shall recognize a
committee established in accordance with this subparagraph
as being eligible for a permit under this subsection, for
purposes of subparagraph (A)(iii).
``(ii) Membership.--A committee established under this
subparagraph shall consist of the State of Oregon and each
of the following:
``(I) The Confederated Tribes of Siletz Indians or
the Confederated Tribes of the Grand Ronde Community,
or both.
``(II) The Confederated Tribes of the Warm Springs
or the Confederated Tribes of the Umatilla Reservation,
or both.
``(iii) Majority agreement required.--A committee
established under this subparagraph may take action with
respect to a permit application and removal under this
subsection only with majority agreement by the committee
members.
``(iv) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to a
committee established under this subparagraph.
``(7) Individual exception.--For purposes of this subsection,
any sea lion located upstream of river mile 112 and downstream of
McNary Dam, or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or steelhead is
deemed to be individually identifiable.
``(8) Significant negative impact exception.--For purposes of
this subsection, any sea lion located in the mainstem of the
Columbia River upstream of river mile 112 and downstream of McNary
Dam, or in any tributary to the Columbia River that includes
spawning habitat of threatened or endangered salmon or steelhead is
deemed to be having a significant negative impact, within the
meaning of subsection (b)(1).
``(9) Definition.--In this subsection, the term `Indian tribe'
has the meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).''.
SEC. 4. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES.
Nothing in this Act or the amendments made by this Act shall be
construed to enlarge, confirm, adjudicate, affect, or modify any treaty
or other right of an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
SEC. 5. REPORT.
Not later than 3 years after the date of the enactment of this Act,
the Secretary of Commerce shall study and report to Congress on the
effects of deterrence and the lethal taking of sea lions on the
recovery of endangered and threatened salmon and steelhead stocks in
the waters of the Columbia River and the tributaries of the Columbia
River subject to section 120(f) of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1389(f)), as amended by this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Endangered Salmon Predation Prevention Act This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits allowing Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, the Columbia River Inter-Tribal Fish Commission, and the Cowlitz Indian Tribe to kill sea lions in a portion of the Columbia River and certain tributaries in order to protect fish from sea lion predation. Permits may be issued to kill sea lions only if the sea lions are part of a population that is not depleted. The permits may authorize the lethal taking of 100 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 10% of the annual potential biological removal level. Permit holders must be trained in natural resource management. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of the permits if, after five years, lethal removal authority is no longer necessary to protect fish from sea lion predation. The Department of Commerce must study the effectiveness of the permits on the recovery of endangered and threatened salmon and steelhead stocks. | Endangered Salmon Predation Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Union Regulatory Improvements
Act of 2003''.
TITLE I--REGULATORY FLEXIBILITY
SEC. 102. LEASES OF LAND ON FEDERAL FACILITIES FOR CREDIT UNIONS.
(a) In General.--Section 124 of the Federal Credit Union Act (12
U.S.C. 1770) is amended--
(1) by striking ``Upon application by any credit union''
and inserting ``Notwithstanding any other provision of law,
upon application by any credit union'';
(2) by inserting ``on lands reserved for the use of, and
under the exclusive or concurrent jurisdiction of, the United
States or'' after ``officer or agency of the United States
charged with the allotment of space'';
(3) by inserting ``lease land or'' after ``such officer or
agency may in his or its discretion''; and
(4) by inserting ``or the facility built on the leased
land'' after ``credit union to be served by the allotment of
space''.
(b) Clerical Amendment.--The heading for section 124 is amended by
inserting ``or federal land'' after ``buildings''.
SEC. 103. INVESTMENTS IN SECURITIES BY FEDERAL CREDIT UNIONS.
Section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is
amended--
(1) in the matter preceding paragraph (1) by striking ``A
Federal credit union'' and inserting ``(a) In General.--Any
Federal credit union''; and
(2) by adding at the end the following new subsection:
``(b) Investment for the Credit Union's Own Account.--
``(1) In general.--A Federal credit union may purchase and
hold for its own account such investment securities of
investment grade as the Board may authorize by regulation,
subject to such limitations and restrictions as the Board may
prescribe in the regulations.
``(2) Percentage limitations.--
``(A) Single obligor.--In no event may the total
amount of investment securities of any single obligor
or maker held by a Federal credit union for the credit
union's own account exceed at any time an amount equal
to 10 percent of the net worth of the credit union.
``(B) Aggregate investments.--In no event may the
aggregate amount of investment securities held by a
Federal credit union for the credit union's own account
exceed at any time an amount equal to 10 percent of the
assets of the credit union.
``(3) Investment security defined.--
``(A) In general.--For purposes of this subsection,
the term `investment security' means marketable
obligations evidencing the indebtedness of any person
in the form of bonds, notes, or debentures and other
instruments commonly referred to as investment
securities.
``(B) Further definition by board.--The Board may
further define the term `investment security'.
``(4) Investment grade defined.--The term `investment
grade' means with respect to an investment security purchased
by a credit union for its own account, an investment security
that at the time of such purchase is rated in one of the 4
highest rating categories by at least 1 nationally recognized
statistical rating organization.
``(5) Clarification of prohibition on stock ownership.--No
provision of this subsection shall be construed as authorizing
a Federal credit union to purchase shares of stock of any
corporation for the credit union's own account, except as
otherwise permitted by law.''.
SEC. 104. INCREASE IN GENERAL 12-YEAR LIMITATION OF TERM OF FEDERAL
CREDIT UNION LOANS TO 15 YEARS.
Section 107(a)(5) of the Federal Credit Union Act (12 U.S.C.
1757(5)) (as so designated by section 103 of this title) is amended--
(1) in the matter preceding subparagraph (A), by striking
``to make loans, the maturities of which shall not exceed
twelve years except as otherwise provided herein'' and
inserting ``to make loans, the maturities of which shall not
exceed 15 years or any longer maturity as the Board may allow,
in regulations, except as otherwise provided in this Act'';
(2) in subparagraph (A)--
(A) by striking clause (ii);
(B) by redesignating clauses (iii) through (x) as
clauses (ii) through (ix), respectively; and
(C) by inserting ``and'' after the semicolon at the
end of clause (viii) (as so redesignated).
SEC. 105. INCREASE IN 1 PERCENT INVESTMENT LIMIT IN CREDIT UNION
SERVICE ORGANIZATIONS.
Section 107(a)(7)(I) of the Federal Credit Union Act (12 U.S.C.
1757(7)(I)) (as so designated by section 103 of this title) is amended
by striking ``up to 1 per centum of the total paid'' and inserting ``up
to 3 percent of the total paid''.
SEC. 106. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT
RELIGIOUS ORGANIZATIONS.
Section 107A(a) of the Federal Credit Union Act (12 U.S.C.
1757a(a)) is amended by inserting ``, excluding loans made to nonprofit
religious organizations,'' after ``total amount of such loans''.
SEC. 107. CHECK CASHING AND MONEY TRANSFER SERVICES OFFERED WITHIN THE
FIELD OF MEMBERSHIP.
Paragraph (12) of section 107(a) of the Federal Credit Union Act
(12 U.S.C. 1757(12)) (as so designated by section 103 of this title) is
amended to read as follows:
``(12) in accordance with regulations prescribed by the
Board--
``(A) to sell, to persons in the field of
membership, negotiable checks (including travelers
checks), money orders, and other similar money transfer
instruments (including electronic fund transfers); and
``(B) to cash checks and money orders and provide
electronic fund transfer services for persons in the
field of membership for a fee;''.
SEC. 108. VOLUNTARY MERGERS INVOLVING MULTIPLE COMMON-BOND CREDIT
UNIONS.
Section 109(d)(2) of the Federal Credit Union Act (12 U.S.C.
1759(d)(2)) is amended--
(1) by striking ``or'' at the end of clause (ii) of
subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) a merger involving any such Federal credit
union approved by the Board on or after August 7,
1998.''.
SEC. 109. CONVERSIONS INVOLVING COMMON-BOND CREDIT UNIONS.
Section 109(g) of the Federal Credit Union Act (12 U.S.C. 1759(g))
is amended by inserting after paragraph (2) the following new
paragraph:
``(3) Criteria for continued membership of certain member
groups in community charter conversions.--In the case of a
voluntary conversion of a common-bond credit union described in
paragraph (1) or (2) of subsection (b) into a community credit
union described in subsection (b)(3), the Board shall
prescribe, by regulation, the criteria under which the Board
may determine that a member group or other portion of a credit
union's existing membership, that is located outside the well-
defined local community, neighborhood, or rural district that
shall constitute the community charter, can be satisfactorily
served by the credit union and remain within the community
credit union's field of membership.''.
SEC. 110. CREDIT UNION GOVERNANCE.
(a) Expulsion of Members for Just Cause.--Subsection (b) of section
118 of the Federal Credit Union Act (12 U.S.C. 1764(b)) is amended to
read as follows:
``(b) Policy and Actions of Boards of Directors of Federal Credit
Unions.--
``(1) Expulsion of members for nonparticipation or for just
cause.--The board of directors of a Federal credit union may,
by majority vote of a quorum of directors, adopt and enforce a
policy with respect to expulsion from membership, by a majority
vote of such board of directors, based on just cause, including
disruption of credit union operations, or on nonparticipation
by a member in the affairs of the credit union.
``(2) Written notice of policy to members.--If a policy
described in paragraph (1) is adopted, written notice of the
policy as adopted and the effective date of such policy shall
be provided to--
``(A) each existing member of the credit union not
less than 30 days prior to the effective date of such
policy; and
``(B) each new member prior to or upon applying for
membership.''.
(b) Term Limits Authorized for Board Members of Federal Credit
Unions.--Section 111(a) of the Federal Credit Union Act (12 U.S.C.
1761(a)) is amended by adding at the end the following new sentence:
``The bylaws of a Federal credit union may limit the number of
consecutive terms any person may serve on the board of directors of
such credit union.''.
(c) Reimbursement for Lost Wages Due to Service on Credit Union
Board Not Treated as Compensation.--Section 111(c) of the Federal
Credit Union Act (12 U.S.C. 1761(c)) is amended by inserting ``,
including lost wages,'' after ``the reimbursement of reasonable
expenses''.
SEC. 111. PROVIDING THE NATIONAL CREDIT UNION ADMINISTRATION WITH
GREATER FLEXIBILITY IN RESPONDING TO MARKET CONDITIONS.
Section 107(a)(5)(A)(v)(I) of the Federal Credit Union Act (12
U.S.C. 1757(5)(A)(v)(I)) (as so designated by sections 103 and 104 of
this title) is amended by striking ``six-month period and that
prevailing interest rate levels'' and inserting ``6-month period or
that prevailing interest rate levels''.
SEC. 112. CREDIT UNIONS AUTHORIZED TO LEASE SPACE IN BUILDINGS IN
CREDIT UNION OFFICES IN UNDERSERVED AREAS.
(a) In General.--Section 107(a) of the Federal Credit Union Act (12
U.S.C. 1757) (as so designated by section 103 of this title) is
amended--
(1) by striking ``and'' at the end of paragraph (16);
(2) by redesignating paragraph (17) as paragraph (18); and
(3) by inserting after paragraph (16) the following new
paragraph:
``(17) with regard to any building purchased or constructed
by the credit union for a credit union office or credit union
operations in an underserved area, to lease office space in
such building that is separate and clearly distinct from any
office or operation of the credit union to any business
enterprise, subject to such regulations the Board may
prescribe, taking into account the safety and soundness of the
credit union; and''.
(b) Underserved area defined.--Section 101 of the Federal Credit
Union Act (12 U.S.C. 1752) is amended by adding at the end the
following new paragraph:
``(10) Underserved area.--The term `underserved area' means
an area consisting of 1 or more census tracts that have--
``(A) a poverty rate of 20 percent or greater,
based on the most recent census data; or
``(B) a median family income that does not exceed
80 percent of the greater of--
``(i) the median family income for the
metropolitan area in which such census tract or
tracts are located; or
``(ii) the median family income for the
State in which such census tract or tracts are
located.''.
SEC. 113. CREDIT UNION CONVERSION VOTING REQUIREMENTS.
Section 205(b)(2)(B) of the Federal Credit Union Act (12 U.S.C.
1785(b)(2)(B)) is amended by inserting ``, in a vote in which at least
20 percent of the credit union membership participates'' before the
period at the end.
SEC. 114. EXEMPTION FROM PRE-MERGER NOTIFICATION REQUIREMENT OF THE
CLAYTON ACT.
Section 7A(c)(7) of the Clayton Act (15 U.S.C. 18a(c)(7)) is
amended by inserting ``section 205(b)(3) of the Federal Credit Union
Act (12 U.S.C. 1785(b)(3)),'' before ``or section 3''.
SEC. 115. TREATMENT OF CREDIT UNIONS AS DEPOSITORY INSTITUTIONS UNDER
SECURITIES LAWS.
(a) Definition of Bank Under the Securities Exchange Act of 1934.--
Section 3(a)(6) of the Securities Exchange Act of 1934 (15 U.S.C.
78c(a)(6)) (as amended by section 201(a)(1) of this Act) is amended--
(1) by striking ``this title, and (D) a receiver'' and
inserting ``this title, (D) an insured credit union (as defined
in section 101(7) of the Federal Credit Union Act) but only for
purposes of paragraphs (4) and (5) of this subsection and only
for activities otherwise authorized by applicable laws to which
such credit unions are subject, and (E) a receiver''; and
(2) in subparagraph (E) (as so redesignated by paragraph
(1) of this subsection) by striking ``(A), (B), or (C)'' and
inserting ``(A), (B), (C), or (D)''.
(b) Definition of Bank Under the Investment Advisers Act of 1940.--
Section 202(a)(2) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2(a)(2)) (as amended by section 201(b)(1) of this Act) is amended--
(1) by striking ``this title, and (D) a receiver'' and
inserting ``this title, (D) an insured credit union (as defined
in section 101(7) of the Federal Credit Union Act) but only for
activities otherwise authorized by applicable laws to which
such credit unions are subject, and (E) a receiver''; and
(2) in subparagraph (E) (as so redesignated by paragraph
(1) of this subsection) by striking ``(A), (B), or (C)'' and
inserting ``(A), (B), (C), or (D)''.
(c) Definition of Appropriate Federal Banking Agency.--Section
210A(c) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-10a(c))
is amended by inserting ``and includes the National Credit Union
Administration Board, in the case of an insured credit union (as
defined in section 101(7) of the Federal Credit Union Act)'' before the
period at the end.
TITLE II--MEMBER BUSINESS LENDING
SEC. 201. LIMITS ON MEMBER BUSINESS LOANS.
Section 107A(a) of the Federal Credit Union Act (12 U.S.C.
1757a(a)) is amended by striking `` the lesser
of--'' and all that follows and inserting ``20 percent of the total
assets of the credit union.''.
SEC. 202. DEFINITION OF MEMBER BUSINESS LOAN.
Section 107A(c)(1)(B)(iii) of the Federal Credit Union Act (12
U.S.C. 1757a(c)(1)(B)(iii)) is amended by striking ``$50,000'' and
inserting ``an amount, not to exceed $100,000, which the Board shall
prescribe by regulation''.
SEC. 203. RESTRICTION ON MEMBER BUSINESS LOANS.
Section 216(g)(2) of the Federal Credit Union Act (12 U.S.C.
1790d(g)(2)) is amended by striking ``until such time as the credit
union becomes adequately capitalized'' and inserting ``unless otherwise
approved by the Board''.
TITLE III--CAPITAL LEVELS
SEC. 301. AMENDMENTS TO NET WORTH CATEGORIES.
Section 216 of the Federal Credit Union Act (12 U.S.C. 1790d) is
amended--
(1) by striking subsection (o)(3) and inserting the
following new paragraph:
``(3) Net worth ratio.--The term `net worth ratio' means,
with respect to a credit union, the ratio of the net worth of
the credit union to the risk assets of the credit union as
defined by the Board.'';
(2) by striking subsection (d) and inserting the following
new subsection
``(d) [Repealed]''; and
(3) by striking subparagraph (E) of subsection (c)(1) and
inserting the following new subparagraph:
``(E) Critically undercapitalized.--An insured
credit union is `critically undercapitalized' if the
credit union has--
``(i) a net worth of less than 2 percent of
actual assets; or
``(ii) a net worth ratio of less than a
minimum net worth ratio prescribed by the Board
in excess of 2 percent but not more than 3
percent.''. | Credit Union Regulatory Improvements Act of 2003 - Amends the Federal Credit Union Act to (FCUA) to authorize real estate lease extensions at minimal charge to credit unions that finance the construction of credit union facilities on Federal land.
Permits a credit union to make investments in securities for its own account.
Increases the maturity date on credit union loans from 12 years to 15 years, or longer as the National Credit Union Administration Board may allow.
Increases from up to one percent to up to three percent of the total paid in and unimpaired capital and surplus the limit on an individual credit union's aggregate investment in credit union service organizations.
Exempts loans to nonprofit religious organizations from restrictions placed upon member business loans relating to credit union net worth or capitalization standards.
Permits a credit union to offer money transfer instruments, including electronic fund transfers, to persons in the field of membership as well as to actual members.
Exempts multiple common-bond credit union mergers and conversions from certain numerical limitations on field of membership.
Requires the Board to prescribe criteria for the voluntary conversion of a common-bond credit union into a community credit union.
Authorizes the board of directors of a Federal credit union to expel a member for just cause, including disruption of credit union operations.
States that reimbursement for lost wages owing to voluntary service on a credit union board of directors shall not be treated as prohibited compensation.
Revises the criteria for increasing the interest rate ceiling on the unpaid loan balance.
Authorizes a credit union to lease specified office space in buildings in underserved areas to any business enterprise if the space is separate and clearly distinct from any office or operation of the credit union.
Amends credit union conversion voting requirements.
Amends the Clayton Act to exempt from its premerger notification and waiting period requirements mergers among certain insured credit unions.
Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to treat credit unions as depository institutions for certain purposes.
Revises the credit union net worth limitations placed upon member business loans to twenty percent of credit union total assets.
Repeals the requirement that an undercapitalized insured credit union become adequately capitalized before it may increase the total amount of member business loans outstanding at any one time. Allows an undercapitalized insured credit union to increase the total amount of such outstanding loans if the Board approves.
Redefines: (1) credit union "net worth ratio"; and (2) "critically undercapitalized" credit union.
Repeals the mandate that regulations for complex credit unions include a risk-based net worth requirement. | To ease credit union regulatory burdens, advance credit union efforts to promote economic growth, and modernize credit union capital standards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TBI Treatment Act''.
SEC. 2. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE ARMED
FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND POST-
TRAUMATIC STRESS DISORDER.
(a) Payment Process.--The Secretary of Defense and the Secretary of
Veterans Affairs shall carry out a five-year pilot program under which
each such Secretary shall establish a process through which each
Secretary shall provide payment for treatments (including diagnostic
testing) of traumatic brain injury or post-traumatic stress disorder
received by members of the Armed Forces and veterans in health care
facilities other than military treatment facilities or Department of
Veterans Affairs medical facilities. Such process shall provide that
payment be made directly to the health care facility furnishing the
treatment.
(b) Conditions for Payment.--The approval by a Secretary for
payment for a treatment pursuant to subsection (a) shall be subject to
the following conditions:
(1) Any drug or device used in the treatment must be
approved or cleared by the Food and Drug Administration for any
purpose.
(2) The treatment must have been approved by an
institutional review board operating in accordance with
regulations issued by the Secretary of Health and Human
Services.
(3) The treatment (including any patient disclosure
requirements) must be used by the health care provider
delivering the treatment.
(4) The patient receiving the treatment must demonstrate an
improvement as a result of the treatment on one or more of the
following:
(A) Standardized independent pre-treatment and
post-treatment neuropsychological testing.
(B) Accepted survey instruments.
(C) Neurological imaging.
(D) Clinical examination.
(5) The patient receiving the treatment must be receiving
the treatment voluntarily.
(6) The patient receiving the treatment may not be a
retired member of the uniformed services or of the Armed Forces
who is over the age of 65 and entitled to benefits under part
A, or eligible to enroll under part B, of title XVIII of the
Social Security Act.
(c) Additional Restrictions Prohibited.--Except as provided in this
subsection (b), no restriction or condition for reimbursement may be
placed on any health care provider that is operating lawfully under the
laws of the State in which the provider is located with respect to the
receipt of payment under this Act.
(d) Payment Deadline.--The Secretary of Defense and the Secretary
of Veterans Affairs shall make a payment for a treatment pursuant to
subsection (a) not later than 30 days after a member of the Armed
Forces or veteran (or health care provider on behalf of such member or
veteran) submits to the Secretary documentation regarding the
treatment. The Secretary of Defense and the Secretary of Veterans
Affairs shall ensure that the documentation required under this
subsection may not be an undue burden on the member of the Armed Forces
or veteran or on the health care provider.
(e) Payment Authority.--
(1) Department of defense.--The Secretary of Defense shall
make payments under this section for treatments received by
members of the Armed Forces using the authority in subsection
(c)(1) of section 1074 of title 10, United States Code.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall make payments under this section for
treatments received by veterans using the authority in section
1728 of title 38, United States Code.
(f) Payment Amount.--A payment under this Act shall be made at the
equivalent Centers for Medicare and Medicaid Services reimbursement
rate in effect for appropriate treatment codes for the State or
territory in which the treatment is received. If no such rate is in
effect, payment shall be made at a fair market rate, as determined by
the Secretary of Defense, in consultation with the Secretary of Health
and Human Services, with respect to a patient who is a member of the
Armed Forces or the Secretary of Veterans Affairs with respect to a
patient who is a veteran.
(g) Data Collection and Availability.--
(1) In general.--The Secretary of Defense and the Secretary
of Veterans Affairs shall jointly develop and maintain a
database containing data from each patient case involving the
use of a treatment under this section. The Secretaries shall
ensure that the database preserves confidentiality and be made
available only--
(A) for third-party payer examination;
(B) to the appropriate congressional committees and
employees of the Department of Defense, the Department
of Veterans Affairs, the Department of Health and Human
Services, and appropriate State agencies; and
(C) to the primary investigator of the
institutional review board that approved the treatment,
in the case of data relating to a patient case
involving the use of such treatment.
(2) Enrollment in institutional review board study.--In the
case of a patient enrolled in a registered institutional review
board study, results may be publically distributable in
accordance with the regulations prescribed pursuant to the
Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191) and other regulations and practices in
effect as of the date of the enactment of this Act.
(3) Qualified institutional review boards.--The Secretary
of Defense and the Secretary of Veterans Affairs shall each
ensure that the Internet Web site of their respective
departments includes a list of all civilian institutional
review board studies that have received a payment under this
Act.
(h) Assistance for Members To Obtain Treatment.--
(1) Assignment to temporary duty.--The Secretary of a
military department may assign a member of the Armed Forces
under the jurisdiction of the Secretary to temporary duty or
allow the member a permissive temporary duty in order to permit
the member to receive treatment for traumatic brain injury or
post-traumatic stress disorder, for which payments shall be
made under subsection (a), at a location beyond reasonable
commuting distance of the member's permanent duty station.
(2) Payment of per diem.--A member who is away from the
member's permanent station may be paid a per diem in lieu of
subsistence in an amount not more than the amount to which the
member would be entitled if the member were performing travel
in connection with a temporary duty assignment.
(3) Gift rule waiver.--Notwithstanding any rule of any
department or agency with respect to ethics or the receipt of
gifts, any assistance provided to a member of the Armed Forces
with a service-connected injury or disability for travel,
meals, or entertainment incidental to receiving treatment under
this Act, or for the provision of such treatment, shall not be
subject to or covered by any such rule.
(i) Retaliation Prohibited.--No retaliation may be made against any
member of the Armed Forces or veteran who receives treatment as part of
registered institutional review board study carried out by a civilian
health care practitioner.
(j) Treatment of University and Nationally Accredited Institutional
Review Boards.--For purposes of this Act, a university-affiliated or
nationally accredited institutional review board shall be treated in
the same manner as a Government institutional review board.
(k) Memoranda of Understanding.--The Secretary of Defense and the
Secretary of Veterans Affairs shall seek to expeditiously enter into
memoranda of understandings with civilian institutional review boards
described in subsection (j) for the purpose of providing for members of
the Armed Forces and veterans to receive treatment carried out by
civilian health care practitioners under a treatment approved by and
under the oversight of civilian institutional review boards that would
qualify for payment under this Act.
(l) Outreach Required.--
(1) Outreach to veterans.--The Secretary of Veterans
Affairs shall notify each veteran with a service-connected
injury or disability of the opportunity to receive treatment
pursuant to this Act.
(2) Outreach to members of the armed forces.--The Secretary
of Defense shall notify each member of the Armed Forces with a
service-connected injury or disability of the opportunity to
receive treatment pursuant to this Act.
(m) Report to Congress.--Not later than 30 days after the last day
of each fiscal year during which the Secretary of Defense and the
Secretary of Veterans Affairs are authorized to make payments under
this Act, the Secretaries shall jointly submit to Congress an annual
report on the implementation of this Act. Such report shall include
each of the following for that fiscal year:
(1) The number of individuals for whom the Secretary has
provided payments under this Act.
(2) The condition for which each such individual receives
treatment for which payment is provided under this Act and the
success rate of each such treatment.
(3) Treatment methods that are used by entities receiving
payment provided under this Act and the respective rate of
success of each such method.
(4) The recommendations of the Secretaries with respect to
the integration of treatment methods for which payment is
provided under this Act into facilities of the Department of
Defense and Department of Veterans Affairs.
(n) Termination.--The authority to make a payment under this Act
shall terminate on the date that is five years after the date of the
enactment of this Act.
(o) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $10,000,000 for each fiscal year
during which the Secretary of Veterans Affairs and the Secretary of
Defense are authorized to make payments under this Act. | TBI Treatment Act - Directs the Secretaries of Defense (DOD) and Veterans Affairs (Secretaries) to carry out a five-year pilot program under which each Secretary establishes a process for providing payments to facilities for treatments of traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD) received by members of the Armed Forces and veterans in facilities other than military treatment facilities or Department of Veterans Affairs (VA) medical facilities. Subjects such payments to specified conditions, including approved treatment. Requires the VA Secretary to notify each veteran with a service-connected injury or disability of the opportunity to receive such treatment.
Requires the Secretaries to jointly: (1) develop and maintain a database containing data from each patient case involving the use of such treatments; and (2) report annually to Congress on the implementation of this Act. | To direct the Secretary of Defense and the Secretary of Veterans Affairs to carry out a pilot program under which the Secretaries make payments for certain treatments of traumatic brain injury and post-traumatic stress disorder. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Tender Modernization Act''.
SEC. 2. REDESIGN AND ISSUANCE OF COMMEMORATIVE CIRCULATING $2 FEDERAL
RESERVE NOTES.
(a) In General.--Notwithstanding the authority of the Secretary of
the Treasury under the 8th undesignated paragraph of section 16 of the
Federal Reserve Act, during the 5-year period beginning January 1,
2003, $2 Federal reserve notes issued or otherwise placed into
circulation by any Federal reserve bank shall have such designs and be
in such form and tenor as the Secretary may select in accordance with
this section.
(b) Issuance of New Design Each Year.--A new design shall be
selected for $2 Federal reserve notes issued or otherwise placed into
circulation by any Federal reserve bank during each year of the 5-year
period referred to in subsection (a).
(c) Selection of Design.--
(1) In general.--Each of the 5 designs required under this
section for $2 Federal reserve notes shall--
(A) be emblematic of the history of the United
States; and
(B) be selected by the Secretary of the Treasury,
after consultation with the Commission of Fine Arts.
(2) Prohibition on certain representations.--No portrait of
a living person may be included in the design of any $2 Federal
reserve note under this subsection.
(d) Production.--Except as provided in subsection (a), the 8th
undesignated paragraph of section 16 of the Federal Reserve Act shall
apply to all $2 Federal reserve notes to which this section applies.
(e) Return to Other Design.--After the end of the 5-year period
referred to in subsection (a), the $2 Federal reserve note shall bear
such design, and be in such form and tenor, as the Secretary of the
Treasury may determine to be appropriate in accordance with the 8th
undesignated paragraph of section 16 of the Federal Reserve Act, except
that, in making any such determination, the Secretary shall take into
account the 5 designs selected for such 5-year period and shall give
such designs priority in making the final determination.
SEC. 3. CASH TRANSACTION ROUNDING.
(a) Rounding of Cash Transaction Values to Nearest 5 Cents
Required.--Notwithstanding any other provision of law, any person
selling goods or services shall determine the total transaction value
of such goods or services in the following manner:
(1) Total transaction values.--The transaction values of
goods and services shall be totaled, any discount or deduction
therefor made, and sales tax or other tax imposed, if any,
added to that total in accordance with the law of the State in
which such goods or services are sold.
(2) Rounding.--
(A) Rounding down.--If 1 cent, 2 cents, 6 cents, or
7 cents shall be contained in the resulting sum, that
sum shall be rounded down to the nearest amount
divisible by 5 for those individuals seeking to make
payment with legal tender.
(B) Rounding up.--If 3 cents, 4 cents, 8 cents, or
9 cents shall be contained in the resulting sum, that
sum shall be rounded up to the nearest amount divisible
by 5 for any person seeking to make payment with legal
tender.
(b) Exception.--The provisions of subsection (a)(2) shall not apply
to--
(1) transactions the total amount of which is 2 cents or
less, or
(2) transactions for which payment is made by any demand or
negotiable instrument, electronic fund transfer, money order,
credit card, or other like instrument.
(c) No Effect on Legal Tender.--All coins and currencies of the
United States, regardless of when coined, printed, or issued, shall
continue to be legal tender for all debts, public and private, public
charges, taxes, duties, and dues, in accordance with law.
(d) Coordination With Certain State or Local Tax Laws.--Any tax
imposed by any State or municipal taxing authority shall not apply to
gains or losses resulting from rounding.
(e) Numismatic Items.--The Secretary of the Treasury may produce so
many one-cent pieces as the Secretary determines are sufficient to
include in uncirculated sets, proof sets, and other collector sets as,
from time to time, the Secretary shall determine.
(f) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section shall take effect at the end of the 180-day period
beginning on the date of the enactment of this Act.
(2) Delayed effective date.--If the end of the 180-day
period referred to in paragraph (1) occurs during the 3-month
period beginning on November 1 of any year, this section shall
take effect on February 1 of the year immediately following
such year.
(g) Rule of Construction.--No provision of this section shall be
construed as evidence of any intention to eliminate the pricing of
goods or services to the nearest cent or mill or to alter the amount of
sales tax collected or paid to any State or municipal taxing authority.
SEC. 4. PRODUCTION OF DOCUMENTS FOR FOREIGN GOVERNMENTS.
(a) In General.--Section 5114(a) of title 31, United States Code
(relating to engraving and printing currency and security documents) is
amended--
(1) by striking ``(a) The Secretary of the Treasury'' and
inserting:
``(a) Authority To Engrave and Print.--
``(1) In general.--The Secretary of the Treasury''; and
(2) by adding at the end the following new paragraph:
``(2) Engraving and printing for foreign governments.--The
Secretary of the Treasury may, if the Secretary determines that
it will not interfere with engraving and printing needs of the
United States--
``(A) produce currency, postage stamps, and other
security documents for foreign governments, subject to
a determination by the Secretary of State that such
production would be consistent with the foreign policy
of the United States; and
``(B) produce security documents for States and
their political subdivisions.''.
(b) Payment for Services.--Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of Engraving and
Printing) is amended--
(1) in the 1st sentence, by inserting ``, any foreign
government, any State, or any political subdivision of any
State'' after ``agency''; and
(2) in the last sentence, by inserting ``, foreign
government, State, or political subdivision of a State'' after
``agency''.
SEC. 5. CLARIFICATION OF EXISTING LAW REGARDING INCLUSION OF
SEIGNIORAGE IN BUDGET.
The 9th proviso of section 522 of Public Law 104-52 (31 U.S.C.
5136) is amended by inserting ``and such amount shall be included as an
estimated receipt of the Government and a receipt of the Government
under paragraphs (6) and (7), respectively, of section 1105(a) of title
31, United States Code, in any budget submitted under such section''
before the colon after ``miscellaneous receipts''.
SEC. 6. REDESIGN OF $1 FEDERAL RESERVE NOTE PROHIBITED.
Notwithstanding the authority of the Secretary of the Treasury
under the 8th undesignated paragraph of section 16 of the Federal
Reserve Act, the Secretary may not select or approve any new design
for, or implement any change in the design of, $1 Federal reserve notes
after the date of the enactment of this Act. | Legal Tender Modernization Act - Mandates that: (1) during the five-year period beginning January 1, 2003, two-dollar Federal reserve notes placed into circulation by any Federal reserve bank shall have such designs and be in such form and tenor as the Secretary of the Treasury may select; and (2) a new design shall be selected during each year of such five-year period. Prohibits the portrait of any living person from being included in such designs.Prescribes guidelines for rounding cash transaction values to the nearest five cents. Exempts transactions for which payment is made by demand or negotiable instrument, electronic fund transfer, money order, credit card, or other like instrument. States that all coins and currencies of the United States shall continue to be legal tender.Amends Federal law relating to engraving and printing currency and security documents to authorize the Secretary to produce: (1) currency, postage stamps, and other security documents for foreign governments; and (2) security documents for States and their political subdivisions.Amends Federal law governing the United States Mint Public Enterprise Fund to provide that any amounts in such Fund determined to be excess shall be included as an estimated Government receipt in the President's annual submission of the budget to Congress.Prohibits the Secretary from selecting or approving any new design for, or implementing any change in the design of, one-dollar Federal reserve notes. | To modernize the legal tender of the United States, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Adjustment
Assistance Improvement Act of 2005''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
Sec. 101. Calculation of separation tolled during litigation.
Sec. 102. Establishment of Trade Adjustment Assistance Advisor.
Sec. 103. Certification of submissions.
Sec. 104. Revision of eligibility criteria.
Sec. 105. Training.
Sec. 106. Funding for administrative costs.
Sec. 107. Authorization of appropriations.
TITLE II--DATA COLLECTION
Sec. 201. Short title.
Sec. 202. Data collection; study; information to workers.
Sec. 203. Determinations by the Secretary of Labor.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
Sec. 301. Clarification of marketing year and other provisions.
Sec. 302. Eligibility.
TITLE I--TRADE ADJUSTMENT ASSISTANCE
SEC. 101. CALCULATION OF SEPARATION TOLLED DURING LITIGATION.
Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by
adding at the end the following:
``(h) Special Rule for Calculating Separation.--Notwithstanding any
other provision of this chapter, any period during which a judicial or
administrative appeal is pending with respect to the denial by the
Secretary of a petition under section 223 shall not be counted for
purposes of calculating the period of separation under subsection
(a)(2) and an adversely affected worker that would otherwise be
entitled to a trade readjustment allowance shall not be denied such
allowance because of such appeal.''.
SEC. 102. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.
(a) In General.--Subchapter A of chapter 2 of title II of the Trade
Act of 1974 is amended by inserting after section 221, the following
new section:
``SEC. 221A. ESTABLISHMENT OF TRADE ADJUSTMENT ASSISTANCE ADVISOR.
``(a) In General.--There is established in the Department of Labor
an office to be known as the `Office of the Trade Adjustment Assistance
Advisor'. The Office shall be headed by a Director, who shall be
responsible for providing assistance and advice to any person or entity
described in section 221(a)(1) desiring to file a petition for
certification of eligibility under section 221.
``(b) Technical Assistance.--The Director shall coordinate with
each agency responsible for providing adjustment assistance under this
chapter or chapter 6 and shall provide technical and legal assistance
and advice to enable persons or entities described in section 221(a)(1)
to prepare and file petitions for certification under section 221.''.
(b) Technical Amendment.--The table of contents for title II of the
Trade Act of 1974 is amended by inserting after the item relating to
section 221, the following:
``Sec. 221A. Establishment of Office of Trade Adjustment Assistance
Advisor.''.
SEC. 103. CERTIFICATION OF SUBMISSIONS.
Section 223 of the Trade Act of 1974 (19 U.S.C. 2273) is amended by
adding at the end the following:
``(e) Certification of Submissions.--If an employer submits a
petition on behalf of a group of workers pursuant to section 221(a)(1)
or if the Secretary requests evidence or information from an employer
in order to make a determination under this section, the accuracy and
completeness of any evidence or information submitted by the employer
shall be certified by the employer's legal counsel or by an officer of
the employer.''.
SEC. 104. REVISION OF ELIGIBILITY CRITERIA.
(a) Shifts in Production.--Section 222(a)(2)(B) of the Trade Act of
1974 (19 (U.S.C. 2272(a)(2)(B)) is amended to read as follows:
``(B) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by such
firm or subdivision.''.
(b) Wage Insurance.--
(1) In general.--Section 246(a)(3) of the Trade Act of 1974
(19 U.S.C. 2318(a)(3)) is amended to read as follows:
``(3) Eligibility.--A worker in a group that the Secretary
has certified as eligible to apply for adjustment assistance
under section 223 may elect to receive benefits under the
alternative trade adjustment assistance program if the worker--
``(A) obtains reemployment not more than 26 weeks
after the date of separation from the adversely
affected employment;
``(B) is at least 40 years of age;
``(C) earns not more than $50,000 a year in wages
from reemployment;
``(D) is employed on a full-time basis as defined
by State law in the State in which the worker is
employed; and
``(E) does not return to the employment from which
the worker was separated.''.
(2) Conforming amendments.--
(A) Subparagraphs (A) and (B) of section 246(a)(2)
of the Trade Act of 1974 (19 U.S.C. 2318(a)(2)) are
amended by striking ``paragraph (3)(B)'' and inserting
``paragraph (3)'' each place it appears.
(B) Section 246(b)(2) of such Act is amended by
striking ``subsection (a)(3)(B)'' and inserting
``subsection (a)(3)''.
(c) Downstream Workers.--Section 222(c)(3) of the Trade Act of 1974
(19 (U.S.C. 2272(c)(3)) is amended by striking ``, if the certification
of eligibility'' and all that follows to the end period.
SEC. 105. TRAINING.
(a) Modification of Enrollment Deadlines.--Section 231(a)(5)(A)(ii)
of the Trade Act of 1974 (19 U.S.C. 2291(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``16th week'' and
inserting ``26th week''; and
(2) in subclause (II), by striking ``8th week'' and
inserting ``20th week''.
(b) Extension of Allowance to Accommodate Training.--Section 233 of
the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end
the following:
``(h) Extension of Allowance.--Notwithstanding any other provision
of this section, a trade readjustment allowance may be paid to a worker
for a number of additional weeks equal to the number of weeks the
worker's enrollment in training was delayed beyond the deadline
applicable under section 231(a)(5)(A)(ii) pursuant to a waiver granted
under section 231(c)(1)(E).''.
(c) Funding for Training.--Section 236(a) of the Trade Act of 1974
(19 U.S.C. 2296(a)) is amended--
(1) in paragraph (1) by striking ``Upon such approval'' and
all that follows to the end; and
(2) by amending paragraph (2) to read as follows:
``(2)(A) Upon approval of a training program under
paragraph (l), and subject to the limitations imposed by this
section, an adversely affected worker covered by a
certification issued under section 223 shall be eligible to
have payment of the costs of that training, including any costs
of an approved training program incurred by a worker before a
certification was issued under section 223, made on behalf of
the worker by the Secretary directly or through a voucher
system.
``(B) Not later than 6 months after the date of enactment
of the Trade Adjustment Assistance Improvement Act of 2005, the
Secretary shall develop and submit to Congress for approval a
formula that provides workers with an individual entitlement
for training costs to be administered pursuant to sections 239
and 240. The formula shall take into account--
``(i) the number of workers enrolled in trade
adjustment assistance;
``(ii) the duration of the assistance;
``(iii) the anticipated training costs for workers;
and
``(iv) any other factors the Secretary deems
appropriate.
``(C) Until such time as Congress approves the formula, the
total amount of payments that may be made under subparagraph
(A) for any fiscal year shall not exceed fifty percent of the
amount of trade readjustment allowances paid to workers during
that fiscal year.''.
(d) Approved Training Programs.--
(1) In general.--Section 236(a)(5) of the Trade Act of 1974
(19 U.S.C. 2296(a)(5)) is amended--
(A) by striking ``and'' at the end of subparagraph
(E);
(B) by redesignating subparagraph (F) as
subparagraph (H); and
(C) by inserting after subparagraph (E) the
following:
``(F) integrated workforce training;
``(G) entrepreneurial training; and''.
(2) Definition.--Section 247 of the Trade Act of 1974 (19
U.S.C. 2319) is amended by adding at the end the following:
``(18) The term `integrated workforce training' means
training that integrates occupational skills training with
English language acquisition.''.
SEC. 106. FUNDING FOR ADMINISTRATIVE COSTS.
Section 241 of the Trade Act of 1974 (19 U.S.C. 2313) is amended by
adding at the end the following:
``(d) Funds provided by the Secretary to a State to cover
administrative costs associated with the performance of a State's
responsibilities under section 239 shall be sufficient to cover all
costs of the State associated with operating the trade adjustment
assistance program, including case worker costs.''.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 245(a) of the Trade Act of 1974 (19 U.S.C.
2317(a)) is amended by striking ``2007'' and inserting ``2012''.
(b) Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C.
2346(b)) is amended--
(1) by striking ``$16,000,000'' and inserting
``$32,000,000''; and
(2) by striking ``2007'' and inserting ``2012''.
(c) Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C.
2401g(a)) is amended by striking ``2007'' and inserting ``2012''.
TITLE II--DATA COLLECTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Trade Adjustment Assistance
Accountability Act''.
SEC. 202. DATA COLLECTION; STUDY; INFORMATION TO WORKERS.
(a) Data Collection; Evaluations.--Subchapter C of chapter 2 of
title II of the Trade Act of 1974 is amended by inserting after section
249, the following new section:
``SEC. 250. DATA COLLECTION; EVALUATIONS; REPORTS.
``(a) Data Collection.--The Secretary shall, pursuant to
regulations prescribed by the Secretary, collect any data necessary to
meet the requirements of this chapter.
``(b) Performance Evaluations.--The Secretary shall establish an
effective performance measuring system to evaluate the following:
``(1) Program performance.--A comparison of the trade
adjustment assistance program before and after the effective
date of the Trade Adjustment Assistance Reform Act of 2002 with
respect to--
``(A) the number of workers certified and the
number of workers actually participating in the trade
adjustment assistance program;
``(B) the time for processing petitions;
``(C) the number of training waivers granted;
``(D) the coordination of programs under this
chapter with programs under the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.);
``(E) the effectiveness of individual training
providers in providing appropriate information and
training;
``(F) the extent to which States have designed and
implemented health care coverage options under title II
of the Trade Act of 2002, including any difficulties
States have encountered in carrying out the provisions
of title II;
``(G) how Federal, State, and local officials are
implementing the trade adjustment assistance program to
ensure that all eligible individuals receive benefits,
including providing outreach, rapid response, and other
activities; and
``(H) any other data necessary to evaluate how
individual States are implementing the requirements of
this chapter.
``(2) Program participation.--The effectiveness of the
program relating to--
``(A) the number of workers receiving benefits and
the type of benefits being received both before and
after the effective date of the Trade Adjustment
Assistance Reform Act of 2002;
``(B) the number of workers enrolled in, and the
duration of, training by major types of training both
before and after the effective date of the Trade
Adjustment Assistance Reform Act of 2002;
``(C) earnings history of workers that reflects
wages before separation and wages in any job obtained
after receiving benefits under this Act;
``(D) reemployment rates and sectors in which
dislocated workers have been employed;
``(E) the cause of dislocation identified in each
petition that resulted in a certification under this
chapter; and
``(F) the number of petitions filed and workers
certified in each congressional district of the United
States.
``(c) State Participation.--The Secretary shall ensure, to the
extent practicable, through oversight and effective internal control
measures the following:
``(1) State participation.--Participation by each State in
the performance measurement system established under subsection
(b) and shall provide incentives for States to supplement
employment and wage data obtained through the use of
unemployment insurance wage records.
``(2) Monitoring.--Monitoring by each State of internal
control measures with respect to performance measurement data
collected by each State.
``(3) Response.--The quality and speed of the rapid
response provided by each State under section 134(a)(2)(A) of
the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(A)).
``(d) Reports.--
``(1) Reports by the secretary.--
``(A) Initial report.--Not later than 6 months
after the date of enactment of the Trade Adjustment
Assistance Accountability Act, the Secretary shall
submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives a report that--
``(i) describes the performance measurement
system established under subsection (b);
``(ii) includes analysis of data collected
through the system established under subsection
(b); and
``(iii) provides recommendations for
program improvements.
``(B) Annual report.--Not later than 1 year after
the date the report is submitted under subparagraph
(A), and annually thereafter, the Secretary shall
submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives and release to the public a report that
includes the information collected under clause (ii) of
subparagraph (A).
``(2) State reports.--Pursuant to regulations prescribed by
the Secretary, each State shall submit to the Secretary a
report that details its participation in the programs
established under this chapter, and that contains the data
necessary to allow the Secretary to submit the report required
under paragraph (1).
``(3) Publication.--The Secretary shall make available to
each State, to Congress, and to the public, the data gathered
and evaluated through the performance measurement system
established under subsection (b).''.
(b) Conforming Amendments.--
(1) Coordination.--Section 281 of the Trade Act of 1974 (19
U.S.C. 2392) is amended by striking ``Departments of Labor and
Commerce'' and inserting ``Departments of Labor, Commerce, and
Agriculture''.
(2) Trade monitoring system.--Section 282 of the Trade Act
of 1974 (19 U.S.C. 2393) is amended by striking ``The Secretary
of Commerce and the Secretary of Labor'' and inserting ``The
Secretaries of Commerce, Labor, and Agriculture''.
(3) Table of contents.--The table of contents for title II
of the Trade Act of 1974 is amended by inserting after the item
relating to section 249, the following new item:
``Sec. 250. Data collection; evaluations; reports.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 60 days after the date of enactment of this
Act.
SEC. 203. DETERMINATIONS BY THE SECRETARY OF LABOR.
Section 223(c) of the Trade Act of 1974 (19 U.S.C. 2273(c)) is
amended to read as follows:
``(c) Publication of Determinations.--Upon reaching a determination
on a petition, the Secretary shall--
``(1) promptly publish a summary of the determination in
the Federal Register together with the Secretary's reasons for
making such determination; and
``(2) make the full text of the determination available to
the public on the Internet website of the Department of Labor
with full-text searchability.''.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR FARMERS
SEC. 301. CLARIFICATION OF MARKETING YEAR AND OTHER PROVISIONS.
(a) In General.--Section 291(5) of the Trade Act of 1974 (19 U.S.C.
2401(5)) is amended by inserting before the end period the following:
``, or in the case of an agricultural commodity that has no officially
designated marketing year, in a 12-month period for which the
petitioner provides written request''.
(b) Fishermen.--Notwithstanding any other provision of law, for
purposes of chapter 2 of title II of the Trade Act of 1974 (19 U.S.C.
2271 et seq.) fishermen who harvest wild stock shall be eligible for
adjustment assistance to the same extent and in the same manner as a
group of workers under such chapter 2.
SEC. 302. ELIGIBILITY.
(a) In General.--Section 292(c)(1) of the Trade Act of 1974 (19
U.S.C. 2401a(c)(1)) is amended by striking ``80 percent'' and inserting
``90 percent''.
(b) Net Farm Income.--Section 296(a)(1)(C) of the Trade Act of 1974
(19 U.S.C. 2401e(a)(1)(C)) is amended by inserting before the end
period the following: ``or the producer had no positive net farm income
for the 2 most recent consecutive years in which no adjustment
assistance was received by the producer under this chapter''. | Trade Adjustment Assistance Improvement Act of 2005- Amends the Trade Act of 1974 to prohibit an adversely affected worker that would otherwise be entitled to a trade readjustment allowance (TRA) from being denied such allowance because of a pending judicial or administrative appeal regarding denial by the Secretary of Labor of a trade adjustment assistance (TAA) petition.
Establishes the Office of the Trade Adjustment Assistance Advisor in the Department of Labor.
Requires an employer's legal counsel or officer to certify any TAA petitions submitted to the Secretary as well as the accuracy or completeness of any requested evidence or information regarding the petition.
Modifies TAA certification requirements for a group of workers (including those in any agricultural firm or subdivision) where there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles produced by such firm or subdivision. Repeals the additional requirements that: (1) such country be a party to a free trade agreement with the United States or a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or (2) there has been or is likely to be an increase in imports of articles like or directly competitive with articles produced by such firm or subdivision.
Changes eligibility requirements for the demonstration project for alternative trade adjustment assistance for older workers.
Revises TRA eligibility requirements for adversely affected workers to: (1) extend training enrollment deadlines and TRA to accommodate such training; (2) modify funding for TRA training; and (3) include integrated workforce and entrepreneurial training in TRA approved training programs.
Trade Adjustment Assistance Accountability Act - Requires the Secretary to collect necessary data and establish an effective performance measuring system to evaluate: (1) TAA program performance and participation before and after the effective date of Trade Adjustment Assistance Reform Act of 2002; and (2) ensure state participation in the program.
Makes fishermen who harvest wild stock eligible for TAA.
Modifies TAA group eligibility requirements for agricultural commodity producers. | A bill to make miscellaneous improvements to trade adjustment assistance. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heavy Duty Hybrid Vehicle Research,
Development, and Demonstration Act of 2008''.
SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHICLE TECHNOLOGY RESEARCH,
DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION
PROGRAM.
(a) Establishment.--The Secretary shall establish a competitive
research, development, demonstration, and commercial application
program (referred to in this Act as the ``program'') to provide grants
to applicants to carry out projects to advance research and development
and to demonstrate technologies for advanced heavy duty hybrid
vehicles.
(b) Applications.--
(1) In general.--The Secretary shall issue requirements for
applying for grants under the program.
(2) Selection criteria.--The Secretary shall establish
selection criteria for awarding grants under the program. In
evaluating applications, the Secretary shall--
(A) consider the ability of applicants to
successfully complete both phases described in
subsection (c); and
(B) give priority to applicants who are best able
to--
(i) fill existing research gaps and achieve
the greatest advances beyond the state of
current technology; and
(ii) achieve the greatest reduction in fuel
consumption and emissions.
(3) Partners.--An applicant for a grant under this section
may carry out a project in partnership with other entities.
(4) Schedule.--
(A) Application request.--Not later than 180 days
after the date of the enactment of this Act, the
Secretary shall publish in the Federal Register, and
elsewhere as appropriate, a request for applications to
undertake projects under the program. Applications
shall be due not later than 90 days after the date of
such publication.
(B) Application selection.--Not later than 90 days
after the date on which applications for grants under
the program are due, the Secretary shall select,
through a competitive process, all applicants to be
awarded a grant under the program.
(5) Number of grants.--The Secretary shall determine the
number of grants to be awarded under the program based on the
technical merits of the applications received. The number of
grants awarded under the program shall not be less than 3 or
more than 7, and at least half of the grants awarded shall be
for plug-in hybrid technology.
(6) Award amounts.--The Secretary shall award not more than
$3,000,000 to each recipient per year for each of the 3 years
of the project.
(c) Program Requirements; Two Phases.--Each grant recipient shall
be required to complete two phases:
(1) Phase one.--
(A) In general.--In phase one, the recipient shall
research and demonstrate advanced hybrid technology by
producing or retrofitting one or more advanced heavy
duty hybrid vehicles.
(B) Report.--Not later than 60 days after the
completion of phase one, the recipient shall submit to
the Secretary a report containing data and analysis
of--
(i) the performance of each vehicle in
carrying out the testing procedures developed
by the Secretary under subparagraph (E);
(ii) the performance during such testing of
each vehicle's components, including the
battery, energy management system, charging
system, and power controls;
(iii) the projected cost of each vehicle,
including acquisition, operating, and
maintenance costs; and
(iv) the emissions levels of each vehicle,
including greenhouse gas levels.
(C) Termination.--The Secretary may terminate the
grant program with respect to the project of a
recipient at the conclusion of phase one if the
Secretary determines that the recipient cannot
successfully complete the requirements of phase two.
(D) Timing.--Phase one begins upon receipt of a
grant under the program and has a duration of one year.
(E) Testing procedures.--The Secretary shall
develop standard testing procedures to be used by
recipients in testing each vehicle. Such procedures
shall include testing a vehicle's performance under
typical operating conditions.
(2) Phase two.--
(A) In general.--In phase two, the recipient shall
demonstrate advanced manufacturing processes and
technologies by producing or retrofitting 50 advanced
heavy duty hybrid vehicles.
(B) Report.--Not later than 60 days after the
completion of phase two, the recipient shall submit to
the Secretary a report containing--
(i) an analysis of the technological
challenges encountered by the recipient in the
development of the vehicles;
(ii) an analysis of the technological
challenges involved in mass producing the
vehicles; and
(iii) the manufacturing cost of each
vehicle, the estimated sale price of each
vehicle, and the cost of a comparable non-
hybrid vehicle.
(C) Timing.--Phase two begins at the conclusion of
phase one and has a duration of two years.
(d) Research on Vehicle Usage and Alternative Drive Trains.--The
Secretary shall conduct research into alternative power train designs
for use in advanced heavy duty hybrid vehicles. Such research shall
compare the estimated cost, including operating and maintenance costs,
emissions reductions, and fuel savings of each design with similar non-
hybrid power train designs under the conditions in which these vehicles
are typically used, including, for each vehicle type--
(1) number of miles driven;
(2) time spent with the engine at idle;
(3) horsepower requirements;
(4) length of time the maximum or near maximum power output
of the vehicle is needed; and
(5) any other factors that the Secretary considers
appropriate.
(e) Report to the Congress.--Not later than 60 days after the
Secretary receives the reports from grant recipients under subsection
(c)(2)(B), the Secretary shall submit to the Congress a report
containing--
(1) an identification of the grant recipients and a
description of the projects to be funded;
(2) an identification of all applicants who submitted
applications for the program;
(3) all data contained in reports submitted by grant
recipients under subsection (c);
(4) a description of the vehicles produced or retrofitted
by recipients in phase one and phase two of the project,
including an analysis of the fuel efficiency of such vehicles;
and
(5) the results of the research carried out under
subsections (d) and (h).
(f) Coordination and Nonduplication.--To the maximum extent
practicable, the Secretary shall coordinate, and not duplicate,
activities under this Act with other programs and laboratories of the
Department of Energy and other Federal research programs.
(g) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42
U.S.C. 16352) shall apply to the program established pursuant to this
section.
(h) Electrical Grid Research Pilot Program.--The Secretary shall
establish a pilot program through the National Laboratories and
Technology Centers of the Department of Energy to research and test the
effects on the domestic electric power grid of the widespread use of
plug-in hybrid vehicles, including plug-in hybrid vehicles that are
advanced heavy duty hybrid vehicles.
(i) Definitions.--For purposes of this section:
(1) Advanced heavy duty hybrid vehicle.--The term
``advanced heavy duty hybrid vehicle'' means a vehicle with a
gross weight between 14,000 pounds and 33,000 pounds that is
fueled, in part, by a rechargeable energy storage system.
(2) Greenhouse gas.--The term ``greenhouse gas'' means--
(A) carbon dioxide;
(B) methane;
(C) nitrous oxide;
(D) hydrofluorocarbons;
(E) perfluorocarbons; or
(F) sulfur hexafluoride.
(3) Plug-in hybrid.--The term ``plug-in hybrid'' means a
vehicle fueled, in part, by electrical power that can be
recharged by connecting the vehicle to an electric power
source.
(4) Retrofit.--The term ``retrofit'' means the process of
creating an advanced heavy duty hybrid vehicle by converting an
existing, fuel-powered vehicle.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(j) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary $16,000,000 for each of fiscal years 2009 through
2011 to carry out this section.
(2) Of the funds authorized under paragraph (1), not more
than $1,000,000 per fiscal year may be used for--
(A) carrying out the studies required under
subsection (d);
(B) carrying out the pilot program required under
subsection (h); and
(C) the administration of the program.
SEC. 3. EXPANDING RESEARCH IN HYBRID TECHNOLOGY FOR LARGE VEHICLES.
Subsection (g)(1) of the United States Energy Storage
Competitiveness Act of 2007 (enacted as section 641(g)(1) of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17231(g)(1))) is
amended by inserting ``vehicles with a gross weight over 16,000
pounds,'' before ``stationary applications''.
Passed the House of Representatives September 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act of 2008 - Directs the Secretary of Energy to establish a competitive research, development, demonstration, and commercial application program to provide between three and seven grants of up to $3 million per year each to applicants to carry out projects to advance research and development and to demonstrate technologies, including plug-in hybrid technology, for advanced heavy duty hybrid vehicles.
Requires each grant recipient shall be required to complete two phases: (1) phase one, research and demonstration of advanced hybrid technology by producing or retrofitting one or more advanced heavy duty hybrid vehicles; and (2) phase two, demonstration of advanced manufacturing processes and technologies by producing or retrofitting 50 advanced heavy duty hybrid vehicles.
Directs the Secretary to: (1) conduct research into alternative power train designs for use in advanced heavy duty hybrid vehicles; and (2) establish a pilot program through the National Laboratories and Technology Centers of the Department of Energy to research and test the effects on the domestic electric power grid of the widespread use of plug-in hybrid vehicles, including plug-in hybrid vehicles that are advanced heavy duty hybrid vehicles.
Authorizes appropriations for FY2009-FY2011.
Amends the United States Energy Storage Competitiveness Act of 2007 to direct the Secretary to conduct an applied research program on energy storage systems to support vehicles with a gross weight over 16,000 pounds. | To establish a research, development, demonstration, and commercial application program to promote research of appropriate technologies for heavy duty plug-in hybrid vehicles, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Antiterrorism Cooperation
through Technology and Science Act'' or the ``PACTS Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The development and implementation of technology is
critical to combating terrorism and other high consequence
events and implementing a comprehensive homeland security
strategy.
(2) The United States and its allies in the global war on
terrorism share a common interest in facilitating research,
development, testing, and evaluation of equipment,
capabilities, technologies, and services that will aid in
detecting, preventing, responding to, recovering from, and
mitigating against acts of terrorism.
(3) Certain United States allies in the global war on
terrorism, including Israel, the United Kingdom, Canada,
Australia, and Singapore have extensive experience with, and
technological expertise in, homeland security.
(4) The United States and certain of its allies in the
global war on terrorism have a history of successful
collaboration in developing mutually beneficial equipment,
capabilities, technologies, and services in the areas of
defense, agriculture, and telecommunications.
(5) The United States and its allies in the global war on
terrorism will mutually benefit from the sharing of
technological expertise to combat domestic and international
terrorism.
(6) The establishment of an office to facilitate and
support cooperative endeavors between and among government
agencies, for-profit business entities, academic institutions,
and nonprofit entities of the United States and its allies will
safeguard lives and property worldwide against acts of
terrorism and other high consequence events.
SEC. 3. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT.
(a) In General.--The Homeland Security Act of 2002 is amended by
inserting after section 313 (6 U.S.C. 193) the following:
``SEC. 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director
selected under subsection (b)(2).
``(2) International cooperative activity.--The term
`international cooperative activity' includes--
``(A) coordinated research projects, joint research
projects, or joint ventures;
``(B) joint studies or technical demonstrations;
``(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
``(F) exchanges or sharing of scientific and
technological information; and
``(G) joint use of laboratory facilities and
equipment.
``(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
``(1) Establishment.--The Under Secretary shall establish
the Science and Technology Homeland Security International
Cooperative Programs Office.
``(2) Director.--The Office shall be headed by a Director,
who--
``(A) shall be selected by and shall report to the
Under Secretary; and
``(B) may be an officer of the Department serving
in another position.
``(3) Responsibilities.--
``(A) Development of mechanisms.--The Director
shall be responsible for developing, in consultation
with the Department of State, understandings or
agreements that allow and support international
cooperative activity in support of homeland security
research, development, and comparative testing.
``(B) Priorities.--The Director shall be
responsible for developing, in coordination with the
Directorate of Science and Technology, the other
components of the Department of Homeland Security, and
other Federal agencies, strategic priorities for
international cooperative activity in support of
homeland security research, development, and
comparative testing.
``(C) Activities.--The Director shall facilitate
the planning, development, and implementation of
international cooperative activity to address the
strategic priorities developed under subparagraph (B)
through mechanisms the Under Secretary considers
appropriate, including grants, cooperative agreements,
or contracts to or with foreign public or private
entities, governmental organizations, businesses,
federally funded research and development centers, and
universities.
``(D) Identification of partners.--The Director
shall facilitate the matching of United States entities
engaged in homeland security research with non-United
States entities engaged in homeland security research
so that they may partner in homeland security research
activities.
``(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with those of
other relevant research agencies, and may run projects jointly
with other agencies.
``(5) Conferences and workshops.--The Director may hold
international homeland security technology workshops and
conferences to improve contact among the international
community of technology developers and to help establish
direction for future technology goals.
``(c) International Cooperative Activities.--
``(1) Authorization.--The Under Secretary is authorized to
carry out international cooperative activities to support the
responsibilities specified under section 302.
``(2) Mechanisms and equitability.--In carrying out this
section, the Under Secretary may award grants to and enter into
cooperative agreements or contracts with United States
governmental organizations, businesses (including small
businesses and small and disadvantaged businesses), federally
funded research and development centers, institutions of higher
education, and foreign public or private entities. The Under
Secretary shall ensure that funding and resources expended in
international cooperative activities will be equitably matched
by the foreign partner organization through direct funding or
funding of complementary activities, or through provision of
staff, facilities, materials, or equipment.
``(3) Loans of equipment.--The Under Secretary may make or
accept loans of equipment for research and development and
comparative testing purposes.
``(4) Cooperation.--The Under Secretary is authorized to
conduct international cooperative activities jointly with other
agencies.
``(5) Foreign partners.--Partners may include Israel, the
United Kingdom, Canada, Australia, Singapore, and other allies
in the global war on terrorism, as appropriate.
``(6) Exotic diseases.--As part of the international
cooperative activities authorized in this section, the Under
Secretary, in coordination with the Chief Medical Officer, may
facilitate the development of information sharing and other
types of cooperative mechanisms with foreign countries,
including nations in Africa, to strengthen American
preparedness against threats to the Nation's agricultural and
public health sectors from exotic diseases.
``(d) Budget Allocation.--There are authorized to be appropriated
to the Secretary, to be derived from amounts otherwise authorized for
the Directorate of Science and Technology, $25,000,000 for each of the
fiscal years 2008 through 2011 for activities under this section.
``(e) Foreign Reimbursements.--Whenever the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a foreign
country on a cost-sharing basis, any reimbursements or contributions
received from that foreign country to meet its share of the project may
be credited to appropriate current appropriations accounts of the
Directorate of Science and Technology.
``(f) Report to Congress on International Cooperative Activities.--
``(1) Initial report.--Not later than 180 days after the
date of enactment of this section, the Under Secretary, acting
through the Director, shall transmit to the Congress a report
containing--
``(A) a brief description of each partnership
formed under subsection (b)(4), including the
participants, goals, and amount and sources of funding;
and
``(B) a list of international cooperative
activities underway, including the participants, goals,
expected duration, and amount and sources of funding,
including resources provided to support the activities
in lieu of direct funding.
``(2) Updates.--At the end of the fiscal year that occurs 5
years after the transmittal of the report under subsection (a),
and every 5 years thereafter, the Under Secretary, acting
through the Director, shall transmit to the Congress an update
of the report required under subsection (a).''.
(b) Clerical Amendment.--The table of contents for the Homeland
Security Act of 2002 is amended by adding after the item relating to
section 313 the following new item:
``Sec. 314. Promoting antiterrorism through international cooperation
program.''.
Passed the House of Representatives February 27, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Promoting Antiterrorism Cooperation through Technology and Science Act, or PACTS Act - Amends the Homeland Security Act of 2002 to direct the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to establish the Science and Technology Homeland Security International Cooperative Programs Office (the Office).
Provides for the Office to be headed by a Director, who: (1) shall be selected by and shall report to the Under Secretary; and (2) may be an officer of DHS serving in another position.
Requires the Director to: (1) develop, in consultation with the Department of State, understandings or agreements that allow and support international cooperative activity in support of homeland security research, development, and comparative testing; (2) develop, in coordination with the Directorate of Science and Technology, the other components of DHS, and other federal agencies, strategic priorities for such activity; and (3) facilitate the planning, development, and implementation of international cooperative activity to address such priorities.
Requires the Director to: (1) facilitate the matching of U.S. entities with non-U.S. entities that may partner in homeland security research activities; and (2) ensure that activities are coordinated with those of other relevant research agencies. Permits the Director to run projects jointly with other agencies.
Authorizes the Director to hold international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals.
Authorizes the Under Secretary to carry out international cooperative activities to support specified responsibilities of the Under Secretary, including through the award of grants and the entering into of cooperative agreements or contracts. Instructs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complimentary activities, or through the provision of staff, facilities, materials, or equipment.
Permits the Under Secretary to make or accept loans of equipment for research and development and comparative testing purposes.
Authorizes the Under Secretary to conduct international cooperative activities jointly with other agencies.
Specifies that foreign partners may include: (1) Israel; (2) the United Kingdom; (3) Canada; (4) Australia; (5) Singapore; and (6) other allies in the global war on terrorism, as appropriate.
Authorizes the Under Secretary, in coordination with the Chief Medical Officer, as part of the international cooperative activities authorized by this Act, to facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including African nations, to strengthen American preparedness against threats to the U.S's agricultural and public health sectors from exotic diseases.
Authorizes appropriations to the Secretary of DHS, which shall be derived from amounts otherwise authorized for the Directorate of Science and Technology, for FY2008-FY2011 for activities under this Act.
States that, whenever the Office participates in an international cooperative activity with a foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology.
Requires the Under Secretary, acting through the Director, to transmit: (1) a specified report to Congress on such international cooperative activities; and (2) updates of such report every five years. | To provide for the establishment of the Science and Technology Homeland Security International Cooperative Programs Office, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Control Center Enhancement
and Awareness Act Amendments of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Poison control centers are our Nation's primary defense
against injury and deaths from poisoning. Twenty-four hours a day,
the general public as well as health care practitioners contact
their local poison centers for help in diagnosing and treating
victims of poisoning and other toxic exposures.
(2) Poisoning is the third most common form of unintentional
death in the United States. In any given year, there will be
between 2,000,000 and 4,000,000 poison exposures. More than 50
percent of these exposures will involve children under the age of 6
who are exposed to toxic substances in their home. Poisoning
accounts for 285,000 hospitalizations, 1,200,000 days of acute
hospital care, and 13,000 fatalities annually.
(3) Stabilizing the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers, and reduce the inappropriate
use of emergency medical services and other more costly health care
services.
(4) The tragic events of September 11, 2001, and the anthrax
cases of October 2001, have dramatically changed our Nation. During
this time period, poison centers in many areas of the country were
answering thousands of additional calls from concerned residents.
Many poison centers were relied upon as a source for accurate
medical information about the disease and the complications
resulting from prophylactic antibiotic therapy.
(5) The 2001 Presidential Task Force on Citizen Preparedness in
the War on Terrorism recommended that the Poison Control Centers be
used as a source of public information and public education
regarding potential biological, chemical, and nuclear domestic
terrorism.
(6) The increased demand placed upon poison centers to provide
emergency information in the event of a terrorist event involving a
biological, chemical, or nuclear toxin will dramatically increase
call volume.
SEC. 3. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.)
is amended by adding at the end the following:
``Part G--Poison Control
``SEC. 1271. MAINTENANCE OF A NATIONAL TOLL-FREE NUMBER.
``(a) In General.--The Secretary shall provide coordination and
assistance to regional poison control centers for the establishment of
a nationwide toll-free phone number to be used to access such centers.
``(b) Rule of Construction.--Nothing in this section shall be
construed as prohibiting the establishment or continued operation of
any privately funded nationwide toll-free phone number used to provide
advice and other assistance for poisonings or accidental exposures.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2000 through 2009. Funds appropriated under this
subsection shall not be used to fund any toll-free phone number
described in subsection (b).
``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER
UTILIZATION.
``(a) In General.--The Secretary shall establish a national media
campaign to educate the public and health care providers about poison
prevention and the availability of poison control resources in local
communities and to conduct advertising campaigns concerning the
nationwide toll-free number established under section 1271.
``(b) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with one or more nationally recognized
media firms for the development and distribution of monthly television,
radio, and newspaper public service announcements.
``(c) Evaluation.--The Secretary shall--
``(1) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the nationwide media campaign
established under this section; and
``(2) prepare and submit to the appropriate congressional
committees an evaluation of the nationwide media campaign on an
annual basis.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $600,000 for each of fiscal
years 2000 through 2005 and such sums as may be necessary for each of
fiscal years 2006 through 2009.
``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT PROGRAM.
``(a) Regional Poison Control Centers.--The Secretary shall award
grants to certified regional poison control centers for the purposes of
achieving the financial stability of such centers, and for preventing
and providing treatment recommendations for poisonings.
``(b) Other Improvements.--The Secretary shall also use amounts
received under this section to--
``(1) develop standardized poison prevention and poison control
promotion programs;
``(2) develop standard patient management guidelines for
commonly encountered toxic exposures;
``(3) improve and expand the poison control data collection
systems, including, at the Secretary's discretion, by assisting the
poison control centers to improve data collection activities;
``(4) improve national toxic exposure surveillance by enhancing
activities at the Centers for Disease Control and Prevention and
the Agency for Toxic Substances and Disease Registry;
``(5) expand the toxicologic expertise within poison control
centers; and
``(6) improve the capacity of poison control centers to answer
high volumes of calls during times of national crisis.
``(c) Certification.--Except as provided in subsection (d), the
Secretary may make a grant to a center under subsection (a) only if--
``(1) the center has been certified by a professional
organization in the field of poison control, and the Secretary has
approved the organization as having in effect standards for
certification that reasonably provide for the protection of the
public health with respect to poisoning; or
``(2) the center has been certified by a State government, and
the Secretary has approved the State government as having in effect
standards for certification that reasonably provide for the
protection of the public health with respect to poisoning.
``(d) Waiver of Certification Requirements.--
``(1) In general.--The Secretary may grant a waiver of the
certification requirement of subsection (c) with respect to a
noncertified poison control center or a newly established center
that applies for a grant under this section if such center can
reasonably demonstrate that the center will obtain such a
certification within a reasonable period of time as determined
appropriate by the Secretary.
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--In no instance may the sum of the number of
years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall take
effect as if enacted on February 25, 2000.
``(e) Supplement Not Supplant.--Amounts made available to a poison
control center under this section shall be used to supplement and not
supplant other Federal, State, or local funds provided for such center.
``(f) Maintenance of Effort.--A poison control center, in utilizing
the proceeds of a grant under this section, shall maintain the
expenditures of the center for activities of the center at a level that
is not less than the level of such expenditures maintained by the
center for the fiscal year preceding the fiscal year for which the
grant is received.
``(g) Matching Requirement.--The Secretary may impose a matching
requirement with respect to amounts provided under a grant under this
section if the Secretary determines appropriate.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for each of the
fiscal years 2000 through 2004 and $27,500,000 for each of fiscal years
2005 through 2009.
``SEC. 1274. RULE OF CONSTRUCTION.
``Nothing in this part may be construed to ease any restriction in
Federal law applicable to the amount or percentage of funds
appropriated to carry out this part that may be used to prepare or
submit a report.''.
SEC. 4. CONFORMING AMENDMENT.
The Poison Control Center Enhancement and Awareness Act (42 U.S.C.
14801 et seq.) is hereby repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Poison Control Center Enhancement and Awareness Act Amendments of 2003 - (Sec. 3) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for a nationwide toll-free phone number. Authorizes appropriations through FY 2009.
Directs the Secretary to establish a national media campaign to educate the public and health care providers about poison prevention and the availability of local poison control resources, and to conduct advertising campaigns concerning such nationwide toll-free number. Authorizes the Secretary to enter into contracts with one or more nationally recognized media firms for the development and distribution of related monthly television, radio, and newspaper public service announcements. Authorizes appropriations through FY 2009.
Directs the Secretary to award grants to certified (with a discretionary five-year maximum certification waiver) regional poison control centers for: (1) center financial stability; and (2) poison prevention and treatment. Directs the Secretary to: (1) develop standardized poison prevention and poison control promotion programs; (2) develop standard patient management guidelines for commonly encountered toxic exposures; (3) improve and expand poison control data collection systems; (4) improve national toxic exposure surveillance by enhancing activities at the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry; (5) expand toxicologic expertise within poison control centers; and (6) improve poison control center capacity to answer high call volumes during a national crisis. Authorizes appropriations through FY 2009.
(Sec. 4) Repeals the Poison Control Center Enhancement and Awareness Act. | A bill to provide assistance for poison prevention and to stabilize the funding of regional poison control centers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pancreatic Islet Cell
Transplantation Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Approximately 1,000,000 individuals in the United
States have juvenile, or Type 1, diabetes.
(2) In individuals with juvenile diabetes, the body's
immune system attacks the pancreas and destroys islet cells
that produce insulin.
(3) Insulin is not a cure and individuals with juvenile
diabetes face the constant threat of devastating complications
as well as a drastic reduction in their quality of life and
shortening of their life span.
(4) The development of the ``Edmonton Protocol'' and
subsequent variations of that protocol, involving the
transplant of insulin-producing pancreatic islet cells into
individuals with juvenile diabetes, have brought us within
reach of a cure.
(5) Islet cell transplants have been hailed as the most
promising development in diabetes since the discovery of
insulin.
(6) Currently 80 percent of the approximately 70 patients
who have received islet cell transplants using variations of
the Edmonton Protocol have maintained normal glucose levels
without insulin injections after 1 year.
(7) One of the key hurdles in expanding the number of
patients enrolled in these protocols is the insufficient number
of pancreases available for islet cell transplantation.
(8) The Federal Government should promote policies and
regulations to increase the supply of pancreases for research,
to coordinate efforts and information in the emerging area of
islet cell transplantation, and to collect the data necessary
to move islet cell transplantation from an experimental
procedure to a standard therapy covered by insurance.
SEC. 3. ORGAN PROCUREMENT ORGANIZATION CERTIFICATION.
Section 371 of the Public Health Service Act (42 U.S.C. 273) is
amended by adding at the end the following:
``(c) Pancreases procured by an organ procurement organization and
used for islet cell transplantation or research shall be counted for
purposes of certification or recertification under subsection (b).''.
SEC. 4. INTERAGENCY COMMITTEE ON ISLET CELL TRANSPLANTATION.
(a) Establishment.--There is established within the Department of
Health and Human Services the Interagency Committee on Islet Cell
Transplantation (in this section referred to as the ``Committee'').
(b) Membership.--The Committee shall be composed of a
representative from--
(1) the National Institute on Diabetes and Digestive Kidney
Diseases, who shall serve as chairperson of the Committee;
(2) the National Institute of Allergy and Infectious
Diseases;
(3) the National Institute of Environmental Health
Sciences;
(4) the Health Resources and Services Administration;
(5) the Centers for Medicare and Medicaid Services;
(6) the Department of Defense;
(7) the Department of Veterans Affairs;
(8) the National Aeronautics and Space Administration; and
(9) other agencies and National Institutes of Health
representatives as determined appropriate by the chairperson
and Secretary of Health and Human Services.
(c) Duties.--
(1) Study.--The Committee shall conduct a study of--
(A) the adequacy of Federal research funding for
taking advantage of scientific opportunities relating
to islet cell transplantation;
(B) current policies and regulations affecting the
supply of pancreases for islet cell transplantation;
(C) the effect of xenotransplantation on advancing
islet cell transplantation;
(D) the effect of United Network for Organ Sharing
variances on pancreas retrieval and islet cell
transplantation; and
(E) the existing mechanisms to collect and
coordinate outcome data from existing islet cell
transplantation trials.
(2) Recommendations.--The Committee shall develop
recommendations concerning the matters studied under paragraph
(1).
(3) Report.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Committee
shall submit a report to the Secretary of Health and Human
Services and the appropriate committees of Congress that shall
contain a detailed statement of the findings and conclusions of
the Committee, together with recommendations for such
legislation and administrative actions as the committee
considers appropriate to increase the supply of pancreases
available for islet cell transplantation.
SEC. 5. STUDY.
(a) In General.--The Secretary of Health and Human Services shall
request that the Institute of Medicine conduct, or contract with
another entity to conduct, a study on the impact of islet cell
transplantation on the health-related quality of life and the economic
outcomes for individuals with juvenile diabetes and the cost-
effectiveness of such treatment.
(b) Matters Studied.--The study authorized under this section shall
examine and consider the health-related quality of life of juvenile
diabetes patients before and after pancreatic cell transplantation.
Outcome measures shall include--
(1) clinical outcomes, including episodes of hypoglycemia
unawareness and the long-term development of diabetes-related
clinical complications, including nephropathy, neuropathy,
retinopathy, and vascular disease;
(2) health-related quality of life outcomes, including
patient levels of worry with respect to fear of hypoglycemia
episodes, the ability to perform basic life and work-associated
functions, and the impact on the quality of life of family
members and caregivers; and
(3) the cost-effectiveness of pancreatic islet cell
transplantation, as compared to both standard medical
management (such as continued daily insulin injections) and
whole pancreas transplantation, for patients with juvenile
diabetes.
(c) Cost-Effectiveness Analysis.--Cost-effectiveness analysis, as
described in subsection (b)(3), shall include standard health profile
instruments to assess post-treatment costs and benefits, including--
(1) direct measures, such as--
(A) post-transplant health care resource
utilization; and
(B) long-term health care resource utilization due
to diabetes complications, including nephropathy,
neuropathy, retinopathy, and vascular disease which can
extend to include sight loss and limb loss; and
(2) indirect measures, such as--
(A) time lost at work; and
(B) productivity analysis.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act, such
sums as may be necessary. | Pancreatic Islet Cell Transplantation Act of 2002 - Amends the Public Health Service Act to include pancreases procured by an organ procurement organization and used for islet cell transplantation or research to be counted toward organ procurement organization certification.Establishes the Interagency Committee on Islet Cell Transplantation within the Department of Health and Human Services (HHS). Requires the Committee to study related issues, including Federal research funding, the effect of specified policies on transplantation, and data collection.Instructs the Secretary of HHS to request the Institute of Medicine to provide a study of the impact of islet cell transplantation on juvenile diabetes patients, including their health and the treatment's cost-effectiveness. | A bill to increase the supply of pancreatic islet cells for research, to provide better coordination of Federal efforts and information on islet cell transplantation, and to collect the data necessary to move islet cell transplantation from an experimental procedure to a standard therapy. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``City of Yuma Improvement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Yuma, Arizona.
(2) Federal land.--The term ``Federal land'' means the Bureau
of Reclamation land depicted on the map and more particularly
described as--
(A) parcels 2 and 3 of tract 1;
(B) a portion of parcel 110-73-019;
(C) the old Arizona Department of Transportation weigh
station;
(D) portions of blocks 52, 53, 54, and 55;
(E) the future drying bed location; and
(F) the future Arizona Welcome Center.
(3) Map.--The term ``map'' means the map entitled ``City of
Yuma Proposed Property Ownership'' and dated July 25, 2005.
(4) Non-federal land.--The term ``non-Federal land'' means the
non-Federal land depicted on the map and generally known as the
``Railroad Parcels''.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. CONVEYANCE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--Subject to valid existing rights, easements, and
rights-of-way, and in accordance with this Act, the Secretary shall
convey all right, title, and interest of the United States in and to
the Federal land to the City in exchange for the non-Federal land.
(b) Title to Non-Federal Land.--
(1) In general.--On receipt of a deed conveying to the United
States fee simple title to the non-Federal land that meets the
requirements under paragraph (2), the Secretary shall record a deed
from the United States that conveys to the City fee simple title to
the Federal land.
(2) Requirements.--Title to the non-Federal land shall--
(A) conform with the regulations and title approval
standards of the Attorney General that are applicable to
Federal land acquisitions; and
(B) include all valid existing rights, easements, and
rights-of-way.
(c) Administration of Acquired Land.--The Secretary, acting through
the Commissioner of Reclamation, shall administer the non-Federal land
acquired by the Secretary.
(d) Release From Liability.--Effective on the date of conveyance to
the City of the parcel of Federal land under subsection (a), the United
States shall not be liable for damages arising out of any act,
omission, or occurrence relating to the Federal land and facilities
conveyed, but shall continue to be liable for damages caused by acts of
negligence committed by the United States or by any employee or agent
of the United States before the date of conveyance, consistent with
chapter 171 of title 28, United States Code.
(e) Administrative Costs.--All administrative costs relating to the
conveyance of the Federal land and non-Federal land under subsection
(a) shall be paid by the City to the United States.
(f) Valuation, Appraisals, and Equalization.--
(1) In general.--The value of the Federal and the non-Federal
land--
(A) shall be equal, as determined by appraisals conducted
in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance with
paragraph (3).
(2) Appraisals.--
(A) In general.--The Federal land and non-Federal land
shall be appraised by an independent appraiser selected by the
Secretary.
(B) Requirements.--An appraisal conducted under
subparagraph (A) shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for Federal Land
Acquisition; and
(ii) the Uniform Standards of Professional Appraisal
Practice.
(C) Equalization of values.--
(i) In general.--If the value of the Federal land and
the non-Federal land is not equal, the value may be
equalized by--
(I) the Secretary making a cash equalization
payment to the City;
(II) the City making a cash equalization payment to
the Secretary; or
(III) reducing the acreage of the Federal land or
non-Federal land, as appropriate.
(ii) Disposition of proceeds.--Any cash equalization
payments received by the Secretary under clause (i)(II)
shall be deposited in the general fund of the Treasury.
SEC. 4. CONVEYANCE OF UNITED STATES FISH AND WILDLIFE SERVICE LAND TO
THE CITY OF YUMA.
(a) In General.--Subject to valid existing rights, the Secretary
shall convey to the City by quitclaim deed, all right, title, and
interest of the United States in and to the parcel of United States
Fish and Wildlife Service land located at 356 West First Street, Yuma,
Arizona.
(b) Consideration.--In exchange for the conveyance of land under
subsection (a), the City shall pay to the Secretary consideration in an
amount that reflects the fair market value of the land conveyed to the
City under that subsection, as determined by an appraisal prepared in
accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) the Uniform Standards of Professional Appraisal Practice.
(c) Administrative Costs.--Any administrative costs relating to the
conveyance of land under subsection (a) shall be paid by the City to
the United States.
(d) Disposition and Use of Proceeds.--Amounts paid to the Secretary
under subsection (b) shall be available to the Secretary, without
further appropriation and until expended, to pay--
(1) the administrative costs of the conveyance under subsection
(a); and
(2) the costs of constructing the Kofa National Wildlife Refuge
headquarters and visitor center in Yuma, Arizona.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | City of Yuma Improvement Act - Directs the Secretary of the Interior to convey all U.S. interests in specified federal land in Arizona to the city of Yuma, Arizona, in exchange for specified nonfederal land (Railroad Parcels).
Requires the Secretary, acting through the Commissioner of Reclamation, to administer the nonfederal land acquired.
Requires all administrative costs relating to the conveyance of the federal and nonfederal land to be paid by the city to the United States.
Requires an independent appraisal of the federal and nonfederal land in accordance with the Uniform Appraisal Standards for Federal Land Acquisition and the Uniform Standards of Professional Appraisal Practice.
Requires the values of the federal and nonfederal land to be equal. Permits the equalization of unequal land values by means of cash equalization payments.
Directs the Secretary to convey to the city, by quitclaim deed, in exchange for its fair market value, all U.S. interests in and to the parcel of land of U.S. Fish and Wildlife Service land located at 356 West First Street in Yuma.
Requires the city, in exchange for such conveyance, to pay to the Secretary consideration in an amount that reflects the fair market value of the land conveyed to the city.
Requires any administrative costs related to such conveyance to be paid by the city to the United States.
Makes amounts paid to the Secretary as consideration available for: (1) the administrative costs of such conveyance to the city; and (2) the costs of constructing the Kofa National Wildlife Refuge headquarters and visitor center in Yuma. | A bill to provide for the conveyance of certain Federal land in the city of Yuma, Arizona. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Efficiency,
Effectiveness, and Accountability Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) inefficiency, ineffectiveness, and unaccountability in
Federal programs undermines the confidence of the American
people in the Government and reduces the Federal Government's
ability to adequately address vital public needs;
(2) insufficient information on program performance
seriously disadvantages Federal managers in their efforts to
improve program efficiency, effectiveness, and accountability;
(3) congressional policy making, spending decisions, and
program oversight are handicapped by insufficient attention to
program performance and results;
(4) programs performing similar or duplicative functions
that exist within a single agency or across multiple agencies
should be identified and their performance and results shared
among all such programs to improve their performance and
results;
(5) advocates of good government continue to seek ways to
improve efficiency, effectiveness, and accountability; focus on
results; and integrate the performance of programs with
decisions about budgets;
(6) with the passage of the Government Performance and
Results Act of 1993, the Congress directed the executive branch
to seek improvements in the effectiveness, efficiency, and
accountability of Federal programs by having agencies focus on
program results; and
(7) the Government Performance and Results Act of 1993
provided a strong framework for the executive branch to monitor
the long-term goals and annual performance of its departments
and agencies.
SEC. 3. SENSE OF CONGRESS REGARDING STRATEGIC AND PERFORMANCE PLANS OF
THE GOVERNMENT.
It is the sense of Congress that--
(1) the President should establish a government-wide
strategic plan and a government-wide performance plan; and
(2) the head of each Federal agency should consult with the
committees with jurisdiction over the agency and other
interested members of Congress at the beginning of each
Congress regarding the performance plan of the agency (required
by section 1115 of title 31, United States Code).
SEC. 4. PURPOSES.
The purposes of this Act are--
(1) to improve the Government Performance and Results Act
of 1993 by implementing a program assessment and evaluation
process that attempts to determine the strengths and weaknesses
of Federal programs with a particular focus on the efficiency,
effectiveness, and accountability of Federal programs and to
identify programs that have missions or outcomes that are
duplicative;
(2) to use the information gathered in the assessment and
evaluation process to build on the groundwork laid in the
Government Performance and Results Act of 1993 to help the
executive branch make informed management decisions and
results-based funding requests aimed at achieving positive
results;
(3) to provide congressional policy makers the information
needed to conduct more effective oversight, to make better-
informed authorization decisions, and to make more results-
based spending decisions that achieve positive results for the
American people;
(4) to encourage the wise expenditure of funds on the most
effective Federal programs in an effort to save money;
(5) to eliminate Federal programs subject to waste, fraud,
and abuse;
(6) to identify best practices in Federal programs for
allocating resources in an efficient and effective manner;
(7) to provide agencies with the information needed to
track low-performing programs; and
(8) to provide agencies with the information needed to
quickly respond to poor performance of agency programs.
SEC. 5. PROGRAM ASSESSMENT.
(a) Requirement for Program Assessments.--Chapter 11 of title 31,
United States Code, as amended by the Government Performance and
Results Act of 1993, is amended by adding at the end the following new
section:
``Sec. 1120. Program assessment
``(a) Assessment.--The head of each Federal agency, in consultation
with the Director of the Office of Management and Budget, shall, to the
maximum extent practicable, conduct an assessment of each program of
the agency at least once every 5 fiscal years.
``(b) Assessment Requirements.--In conducting an assessment of a
program under subsection (a), the head of a Federal agency, in
consultation with the Director of the Office of Management and Budget,
shall--
``(1) coordinate to determine the programs to be assessed;
and
``(2) evaluate the purpose, design, strategic plan,
management, efficiency, effectiveness, accountability,
performance measures, and results of the program, and such
other matters as the head of the agency considers appropriate.
``(c) Additional Requirements.--After a fiscal year during which
one or more programs of a Federal agency have been assessed under
subsection (a), the head of the agency shall--
``(1) determine how the information gathered from the
assessments can help save taxpayers money;
``(2) with respect to any assessed programs that have
duplicative outcomes or missions, develop a plan for merging
the programs to make them more effective and to save money;
``(3) identify, within any program assessed, the best
practices conducted in the program for allocating resources in
an efficient and effective manner that resulted in positive
outcomes, and the key reasons why such practices resulted in
positive outcomes; and
``(4) determine the level of performance of any program
assessed, determine the reasons for any substantial variation
from the targeted level of performance of the program, and
develop a quick response to improve any low-performing program.
``(d) Criteria for Identifying Programs to Assess.--The head of
each Federal agency, in consultation with the Director of the Office of
Management and Budget, shall develop criteria for identifying programs
to be assessed within the agency each fiscal year. In developing the
criteria, the head of the agency shall take into account the advantages
of assessing during the same fiscal year any programs that are
performing similar functions, have similar purposes, share common
goals, or have similar outcomes.
``(e) Criteria for More Frequent Assessments.--The head of each
Federal agency, in consultation with the Director of the Office of
Management and Budget, shall make every effort to assess programs more
frequently than required under subsection (a) in cases in which
programs are determined to be of higher priority, special circumstances
exist, improvements have been made, or the head of the agency and the
Director determine that more frequent assessment is warranted.
``(f) Cross-Referencing System.--The Direction of the Office of
Management and Budget shall develop a government-wide system to cross
reference programs within each Federal agency for the following
purposes:
``(1) To enable the identification of programs with
missions and outcomes that are duplicative.
``(2) To identify best practices within the programs for
allocating resources in an efficient and effective manner.
``(3) To make the programs more effective and efficient.
``(4) To save money.
``(g) Notice and Comment Requirement.--At the beginning of each
fiscal year, the Director of the Office of Management and Budget shall,
by publication in the Federal Register, provide notice and an
opportunity for public comment on a detailed description in draft form
of each program to be assessed in that fiscal year by Federal agencies,
the performance goals in draft form for each such program, and the
criteria in draft form that will be used to evaluate each such program.
Upon conclusion of the comment period, which shall be at least 60 days,
the Director shall publish in the Federal Register a final detailed
description of each program to be assessed in that fiscal year, the
final performance goals for each such program, and the final criteria
that will be used to evaluate each such program, including a summary of
all public comments and their disposition.
``(h) Report.--(1) The results of the assessments conducted during
a fiscal year shall be submitted in a report to Congress at the same
time that the President submits the next budget under section 1105 of
this title after the end of that fiscal year.
``(2) The report shall--
``(A) include the performance goals and performance
measures for each program assessment;
``(B) specify the criteria used for each assessment;
``(C) describe the results of each assessment, including
any significant limitation in the assessments;
``(D) describe significant modifications to the Federal
Government performance plan required under section 1105(a)(28)
of this title made as a result of the assessments;
``(E) describe best practices identified during program
assessments for allocating resources in an efficient and
effective manner;
``(F) include recommendations for the resources necessary
to improve any low performing programs;
``(G) include a summary of the actions taken by the head of
the Federal agency under subsection (c) with respect to program
assessments conducted by that agency, including a summary of
any plan for merging programs and for quickly responding to
improve a low-performing program; and
``(H) be available in electronic form through the Office of
Management and Budget website or any successor website.
``(i) Classified Information.--(1) With respect to program
assessments conducted during a fiscal year that contain classified
information, the President shall submit on the same date as the report
is submitted under subsection (f)--
``(A) a copy of each such assessment (including the
classified information), to the appropriate committees of
jurisdiction of the House of Representatives and the Senate;
and
``(B) consistent with statutory law governing the
disclosure of classified information, an appendix containing a
list of each such assessment and the committees to which a copy
of the assessment was submitted under subparagraph (A), to the
Committee on Government Reform of the House of Representatives
and the Committee on Governmental Affairs of the Senate.
``(2) Upon request from the Committee on Government Reform of the
House of Representatives or the Committee on Governmental Affairs of
the Senate, the Director of the Office of Management and Budget shall,
consistent with statutory law governing the disclosure of classified
information, provide to the Committee a copy of--
``(A) any assessment described in subparagraph (A) of
paragraph (1) (including any assessment not listed in any
appendix submitted under subparagraph (B) of such paragraph);
and
``(B) any appendix described in subparagraph (B) of
paragraph (1).
``(3) In this subsection, the term `classified information' refers
to matters described in section 552(b)(1)(A) of title 5.
``(j) Inherently Governmental Functions.--The functions and
activities authorized or required by this section shall be considered
inherently governmental functions and shall be performed only by
Federal employees.
``(k) Quality Control and Certification of Data.--The Director of
the Office of Managment and Budget, in consultation with the heads of
Federal agencies, shall develop a process for controlling the quality
of data produced from the conduct of assessments under this section and
shall certify the quality of such data.
``(l) Termination.--The requirements of this section shall
terminate on September 30, 2017.''.
(b) Guidance.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget shall prescribe guidance to implement the requirements of
section 1120 of title 31, United States Code, as added by subsection
(a), including guidance on a definition of the term ``program''.
(c) Conforming and Clerical Amendments.--
(1) Section 1115(g) of title 31, United States Code, is
amended by striking ``1119'' and inserting ``1120''.
(2) The table of sections at the beginning of chapter 11 of
title 31, United States Code, is amended by adding at the end
the following:
``1120. Program assessment.''.
SEC. 6. STRATEGIC PLANNING AMENDMENTS.
(a) Change in Deadline for Strategic Plan.--Subsection (a) of
section 306 of title 5, United States Code, is amended by striking ``No
later than September 30, 1997,'' and inserting ``Not later than
September 30 of each year following a year in which an election for
President occurs, beginning with September 30, 2009,''.
(b) Change in Period of Coverage of Strategic Plan.--Subsection (b)
of section 306 of title 5, United States Code, is amended to read as
follows:
``(b) Each strategic plan shall cover the 4-year period beginning
on October 1 of the year following a year in which an election for
President occurs.''. | Government Efficiency, Effectiveness, and Accountability Act - Expresses the sense of Congress that: (1) the President should establish government-wide strategic and performance plans; and (2) each federal agency head should consult with the congressional committees with jurisdiction over the agency at the beginning of each Congress regarding the agency's performance plan.
Requires each agency head to: (1) conduct an assessment of each agency program at least once every five fiscal years; (2) determine how assessment information can help save taxpayers money; (3) develop a plan for merging programs with duplicative missions; (3) identify program best practices for allocating resources; and (4) determine program performance levels and ways to improve low performance.
Requires assessment results and resulting agency actions to be submitted in a report to Congress at the same time the President submits the annual federal budget.
Requires the Director of the Office of Management and Budget (OMB) to: (1) develop a government-wide system to cross reference programs within each agency to make programs more effective and efficient; (2) provide notice of, and an opportunity for public comment on, each program to be assessed; and (3) develop a process for controlling the quality of program assessment data and certify the quality of such data.
Changes: (1) the date by which the heads of each federal agency are required to submit strategic plans for program activities to September 30 of each year following a presidential election; and (2) the period of coverage for strategic plans from five to four years. | To provide for the evaluation of Government programs for efficiency, effectiveness, and accountability. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Africa Famine Relief Act of 2003''.
TITLE I--EMERGENCY FOOD AID TO SUB-SAHARAN AFRICA
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) The National Security Strategy of the United States,
dated September 17, 2002, concludes that ``[i]n Africa, promise
and opportunity sit side-by-side with disease, war, and
desperate poverty. This threatens both a core value of the
United States preserving human dignity and our strategic
priority combating global terror. American interests and
American principles, therefore, lead in the same direction: we
will work with others for an African continent that lives in
liberty, peace, and growing prosperity.''.
(2) On March 19, 2002, the Director of the Central
Intelligence Agency testified that ``[t]he chronic problems of
sub-Saharan Africa make it, too, fertile ground for direct and
indirect threats to United States interests. Governments
without accountability and natural disasters have left Africa
with the highest concentration of human misery in the world''.
(3) The United Nations World Food Programme reports that
there is an unprecedented hunger crisis on the African
continent where approximately 38,000,000 people face
starvation.
(4) The scale of the humanitarian crisis in sub-Saharan
Africa has grown dramatically and there has been an average
increase of 30 percent in commodity prices since the President
submitted a budget request for food aid and other humanitarian
assistance for fiscal year 2003.
(5) A trip report prepared by a congressional delegation
that traveled to Ethiopia and Eritrea from December 29, 2002 to
January 4, 2003 stated that ``the U.S. Government will need to
do more to avert a disaster of biblical proportions . . .
Donors, including the United States, must make prompt and
significant food-aid pledges to help Ethiopia overcome its
current crisis.''.
(6) At a United Nations Security Council meeting on March
12, 2002, concerning the food crisis in Africa, the United
States representative stated that adequate levels of assistance
must be provided immediately to avert disaster in sub-Saharan
Africa.
(7) On December 6, 2002, the United States Agency for
International Development reported that ``[a] number of
Southern African countries are currently experiencing food
security crises, due to a combination of adverse climate
conditions for two consecutive growing seasons, mismanagement
of grain reserves, and restrictive government policies that
severely inhibit private sector commerce''.
(8) The United Nations Children's Fund (UNICEF) reports
that the HIV/AIDS pandemic in Africa, affecting 29,400,000
people, has exacerbated the humanitarian crisis by reducing
agricultural productivity and food security, undercutting
people's ability to recover and contributing to long-term
poverty.
(9) The HIV/AIDS crisis in sub-Saharan Africa, which
strikes at working adults involved in agricultural production,
is a major component of this crisis.
SEC. 102. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) effectively addressing the famine in sub-Saharan Africa
is in the national security interests of the United States;
(2) the President should immediately submit a request for
emergency supplemental appropriations to Congress for food aid
and other humanitarian assistance to reach vulnerable
populations living in poverty in sub-Saharan Africa;
(3) the President should immediately consult with the
chairmen and ranking members of the Committee on Agriculture,
Nutrition, and Forestry, the Committee on Appropriations, and
the Committee on Foreign Relations of the Senate and the
Committee on Agriculture, the Committee on Appropriations, and
the Committee on International Relations of the House of
Representatives to formulate a legislative strategy to address
the immediate and long-term needs caused by the humanitarian
crisis in sub-Saharan Africa; and
(4) the United States should engage in direct talks with
members of the European Union and other appropriate nations to
increase the amount of contributions from other nations to sub-
Saharan Africa.
SEC. 103. EMERGENCY FOOD AID.
(a) Authorization of Appropriations.--
(1) In general.--In addition to amounts otherwise available
for such purposes, there is authorized to be appropriated
$600,000,000 for purposes of the emergency assistance program
under title II of the Agricultural Trade Development and
Assistance Act of 1954.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
(b) Uses of Assistance.--Amounts appropriated pursuant to
subsection (a) shall be used to provide humanitarian assistance for
sub-Saharan Africa.
(c) Emergency Designation.--The entire amount authorized to be
appropriated under subsection (a) is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 104. STRATEGY ON FOOD AID, HUMANITARIAN NEEDS, AND NATIONAL
SECURITY IN SUB-SAHARAN AFRICA.
Not later than 60 days after the date of enactment of this Act, the
President shall submit to the Committee on Appropriations, the
Committee on Agriculture, Nutrition, and Forestry, and the Committee on
Foreign Relations of the Senate and the Committee on Appropriations,
the Committee on Agriculture, and the Committee on International
Relations of the House of Representatives a report setting forth--
(1) a strategy for meeting the immediate humanitarian needs
in sub-Saharan Africa;
(2) an assessment of how a failure to meet these needs
would impact United States national security interests in the
region;
(3) a description of how additional food aid will be
provided in coordination with other forms of assistance,
particularly agricultural development, food aid for development
purposes, and HIV/AIDS programs;
(4) a description of how additional food aid and other
forms of assistance will be provided in consultation and
coordination with nongovernmental organizations;
(5) the number of people at risk of immediate starvation in
sub-Saharan Africa, the number of metric tons of food needed to
prevent widespread starvation in the region and address
deteriorating malnutrition rates, and the minimum costs of
buying and delivering the aforementioned commodities; and
(6) the amount of funds committed by the United States and
other donors for the purchase of food in fiscal years 2002,
2003, and 2004 to meet emergency needs in sub-Saharan Africa,
and the anticipated shortfall in funding, if any.
SEC. 105. COORDINATION OF FOOD AID AND OTHER HUMANITARIAN ASSISTANCE.
(a) In General.--The President in consultation with the Secretary
of Agriculture, the Secretary of State, and the Administrator of the
United States Agency for International Development, is strongly urged
to establish a task force responsible for--
(1) designing a comprehensive strategy to deal with the
immediate needs of the humanitarian crisis in sub-Saharan
Africa and addressing the long-term causes of food insecurity
in the region, including corruption within certain governments
of sub-Saharan Africa;
(2) ensuring program and policy coordination among agencies
of the United States Government, other nations, international
organizations, and non-governmental organizations in carrying
out the policies set forth in this Act;
(3) ensuring that the distribution of humanitarian
assistance provided in response to the current crisis is not
manipulated or politicized within the recipient countries; and
(4) maintaining proper management, implementation, and
oversight by agencies responsible for executing programs
authorized in this Act.
(b) Consultation.--In establishing the task force, the President
should consult with the Majority and Minority Leaders of the Senate,
the Speaker and Minority Leader of the House of Representatives, and
the chairmen and ranking members of the Committee on Agriculture,
Nutrition, and Forestry and the Committee on Foreign Relations of the
Senate and the Committee on Agriculture and the Committee on
International Relations of the House of Representatives.
(c) Date.--The task force called for in subsection (a) should be
established not later than 60 days after the enactment of this Act.
SEC. 106. INCREASING FOOD AID CONTRIBUTIONS AND OTHER HUMANITARIAN
ASSISTANCE THROUGH INTERNATIONAL ORGANIZATIONS.
The President shall instruct the United States permanent
representative or executive director, as the case may be, to the United
Nations, the World Food Programme, international financial
institutions, and other appropriate international organizations to use
the voice and vote of the United States to support additional food aid
and other humanitarian assistance for sub-Saharan
Africa.
TITLE II--OTHER EMERGENCY ASSISTANCE
SEC. 201 INTERNATIONAL DISASTER ASSISTANCE.
(a) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the President $200,000,000 for fiscal year 2003, for purposes
of section 491 of the Foreign Assistance Act of 1961, for
relief, rehabilitation, and reconstruction assistance for sub-
Saharan Africa.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are in addition to amounts otherwise available
for such purposes and are authorized to remain available until
expended.
(b) Emergency Designation.--The entire amount authorized under
subsection (a) is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
SEC. 202. EMERGENCY HIV/AIDS FAMILY SURVIVAL PARTNERSHIPS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $100,000,000
to carry out subsections (b) and (c) in sub-Saharan Africa.
(b) Grants.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
and in consultation with the Administrator of the United States Agency
for International Development, is authorized to award grants to
eligible administrative organizations to award subgrants to
nongovernmental organizations to expand activities to prevent the
mother-to-child transmission of HIV by providing treatment, medical
care, and support services to HIV infected parents and their children.
(c) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) are authorized to remain available until expended.
(d) Emergency Designation.--The entire amount authorized to be
appropriated under subsection (a) is designated by Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
TITLE III--OTHER PROVISIONS
SEC. 301. DEFINITION.
In this Act, the term ``sub-Saharan Africa'' has the meaning given
the term in section 107 of the African Growth and Opportunity Act (19
U.S.C. 3706). | Africa Famine Relief Act of 2003 - Authorizes emergency appropriations to the emergency assistance program under title II of the Agricultural Trade Development and Assistance Act of 1954 to provide humanitarian assistance for sub-Saharan Africa.Urges the President to establish a task force responsible for designing a comprehensive strategy to deal with the immediate needs of the humanitarian crisis in sub-Saharan Africa and addressing the long-term causes of food insecurity in the region, including corruption within certain governments of sub-Saharan Africa. Directs the President to instruct the U.S. permanent representative to the United Nations, the World Food Programme, international organizations, and other appropriate international organizations to use the U.S. vote to support additional food aid and other humanitarian assistance for sub-Saharan Africa.Authorizes emergency appropriations for: (1) international disaster assistance for relief, rehabilitation, and reconstruction assistance for sub-Saharan Africa; and (2) the award of grants to eligible administrative organizations to award subgrants to nongovernmental organizations to expand activities to prevent the mother-to-child transmission of HIV by providing treatment, medical care, and support services to HIV-infected parents and their children. | A bill to authorize emergency supplemental assistance to combat the growing humanitarian crisis in sub-Saharan Africa. |
SECTION 1. CLASS SIZE REDUCTION.
Title VI of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7301 et seq.) is amended by adding at the end the following:
``PART E--CLASS SIZE REDUCTION
``SEC. 6601. SHORT TITLE.
``This part may be cited as the `Class Size Reduction and Teacher
Quality Act of 1999'.
``SEC. 6602. FINDINGS.
``Congress finds as follows:
``(1) Rigorous research has shown that students attending
small classes in the early grades make more rapid educational
progress than students in larger classes, and that these
achievement gains persist through at least the elementary
grades.
``(2) The benefits of smaller classes are greatest for
lower achieving, minority, poor, and inner-city children. One
study found that urban fourth-graders in smaller-than-average
classes were \3/4\ of a school year ahead of their counterparts
in larger-than-average classes.
``(3) Teachers in small classes can provide students with
more individualized attention, spend more time on instruction
and less on other tasks, cover more material effectively, and
are better able to work with parents to further their
children's education.
``(4) Smaller classes allow teachers to identify and work
more effectively with students who have learning disabilities
and, potentially, can reduce those students' need for special
education services in the later grades.
``(5) Students in smaller classes are able to become more
actively engaged in learning than their peers in large classes.
``(6) Efforts to improve educational achievement by
reducing class sizes in the early grades are likely to be more
successful if--
``(A) well-prepared teachers are hired and
appropriately assigned to fill additional classroom
positions; and
``(B) teachers receive intensive, continuing
training in working effectively in smaller classroom
settings.
``(7) Several States have begun a serious effort to reduce
class sizes in the early elementary grades, but these actions
may be impeded by financial limitations or difficulties in
hiring well-prepared teachers.
``(8) The Federal Government can assist in this effort by
providing funding for class-size reductions in grades 1 through
3, and by helping to ensure that the new teachers brought into
the classroom are well prepared.
``SEC. 6603. PURPOSE.
``The purpose of this part is to help States and local educational
agencies recruit, train, and hire 100,000 additional teachers over a 7-
year period in order to--
``(1) reduce class sizes nationally, in grades 1 through 3,
to an average of 18 students per classroom; and
``(2) improve teaching in the early grades so that all
students can learn to read independently and well by the end of
the third grade.
``SEC. 6604. PROGRAM AUTHORIZED.
``(a) Authorization of Appropriations.--For the purpose of carrying
out this part, there are authorized to be appropriated, $1,400,000,000
for fiscal year 2000, $1,500,000,000 for fiscal year 2001,
$1,700,000,000 for fiscal year 2002, $1,735,000,000 for fiscal year
2003, $2,300,000,000 for fiscal year 2004, and $2,800,000,000 for
fiscal year 2005.
``(b) Allotments.--
``(1) In general.--From the amount appropriated under
subsection (a) for a fiscal year the Secretary--
``(A) shall make a total of 1 percent available to
the Secretary of the Interior (on behalf of the Bureau
of Indian Affairs) and the outlying areas for
activities that meet the purpose of this part; and
``(B) shall allot to each State the same percentage
of the remaining funds as the percentage it received of
funds allocated to States for the previous fiscal year
under section 1122 or section 2202(b), whichever
percentage is greater, except that such allotments
shall be ratably decreased as necessary.
``(2) Definition of state.--In this part the term ``State''
means each of the several States of the United States, the
District of Columbia and the Commonwealth of Puerto Rico.
``(3) State-level expenses.--Each State may use not more
than a total of \1/2\ of 1 percent of the amount the State
receives under this part, or $50,000, whichever is greater, for
a fiscal year, for the administrative costs of the State
educational agency.
``(c) Within State Distribution.--
``(1) In general.--Each State that receives an allotment
under this section shall distribute the amount of the allotted
funds that remain after using funds in accordance with
subsection (b)(3) to local educational agencies in the State,
of which--
``(A) 80 percent of such remainder shall be
allocated to such local educational agencies in
proportion to the number of children, aged 5 to 17, who
reside in the school district served by such local
educational agency and are from families with incomes
below the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable
to a family of the size involved) for the most recent
fiscal year for which satisfactory data is available
compared to the number of such individuals who reside
in the school districts served by all the local
educational agencies in the State for that fiscal year,
except that a State may adjust such data, or use
alternative child-poverty data, to carry out this
subparagraph if the State demonstrates to the
Secretary's satisfaction that such adjusted or
alternative data more accurately reflects the relative
incidence of children living in poverty within local
educational agencies in the State; and
``(B) 20 percent of such remainder shall be
allocated to such local educational agencies in
accordance with the relative enrollments of children,
aged 5 to 17, in public and private nonprofit
elementary schools and secondary schools in the school
districts within the boundaries of such agencies.
``(2) Award rule.--Notwithstanding paragraph (1), if the
award to a local educational agency under this section is less
than the starting salary for a new teacher in that agency, the
State shall not make the award unless--
``(A) the local educational agency agrees to form a
consortium with not less than 1 other local educational
agency for the purpose of reducing class size; or
``(B) the local educational agency agrees to
supplement the award with non-Federal funds sufficient
to pay the cost of hiring a teacher.
``SEC. 6605. USE OF FUNDS.
``(a) In General.--Each local educational agency that receives
funds under this part shall use such funds to carry out effective
approaches to reducing class size with highly qualified teachers to
improve educational achievement for both regular and special-needs
children, with particular consideration given to reducing class size in
the early elementary grades for which some research has shown class
size reduction is most effective.
``(b) Class Reduction.--
``(1) In general.--Each such local educational agency may
pursue the goal of reducing class size through--
``(A) recruiting, hiring, and training certified
regular and special education teachers and teachers of
special-needs children, including teachers certified
through State and local alternative routes;
``(B) testing new teachers for academic content
knowledge, and to meet State certification requirements
that are consistent with title II of the Higher
Education Act of 1965; and
``(C) providing professional development to
teachers, including special education teachers and
teachers of special-needs children, consistent with
title II of the Higher Education Act of 1965.
``(2) Restriction.--A local educational agency may use not
more than a total of 15 percent of the funds received under
this part for each of the fiscal years 2000 through 2003 to
carry out activities described in subparagraphs (B) and (C) of
paragraph (1), and may not use any funds received under this
part for fiscal year 2004 or 2005 for those activities.
``(3) Special rule.--A local educational agency that has
already reduced class size in the early grades to 18 or fewer
children may use funds received under this part--
``(A) to make further class-size reductions in
grades 1 through 3;
``(B) to reduce class size in kindergarten or other
grades; or
``(C) to carry out activities to improve teacher
quality, including professional development activities.
``(c) Supplement Not Supplant.--A local educational agency shall
use funds under this part only to supplement, and not to supplant,
State and local funds that, in the absence of such funds, would
otherwise be spent for activities under this part.
``(d) Prohibition.--No funds made available under this part may be
used to increase the salaries of or provide benefits to (other than
participation in professional development and enrichment programs)
teachers who are, or have been, employed by the local educational
agency.
``(e) Professional Development.--If a local educational agency uses
funds made available under this part for professional development
activities, the agency shall ensure the equitable participation of
private nonprofit elementary and secondary schools in such activities.
Section 6402 shall not apply to other activities under this section.
``(f) Administrative Expenses.--A local educational agency that
receives funds under this part may use not more than 3 percent of such
funds for local administrative expenses.
``SEC. 6606. COST-SHARING REQUIREMENT.
``(a) Federal Share.--The Federal share of the cost of activities
carried out under this part--
``(1) may be up to 100 percent in local educational
agencies with child-poverty levels of 50 percent or greater;
and
``(2) shall be no more than 65 percent for local
educational agencies with child-poverty rates of less than 50
percent.
``(b) Local Share.--A local educational agency shall provide the
non-Federal share of a project under this part through cash
expenditures from non-Federal sources, except that if an agency has
allocated funds under section 1113(c) to one or more schoolwide
programs under section 1114, it may use those funds for the non-Federal
share of activities under this program that benefit those schoolwide
programs, to the extent consistent with section 1120A(c) and
notwithstanding section 1114(a)(3)(B).
``SEC. 6607. REQUEST FOR FUNDS.
``Each local educational agency that desires to receive funds under
this part shall include in the application submitted under section 6303
a description of the agency's program under this part to reduce class
size by hiring additional highly qualified teachers.
``SEC. 6608. REPORTS.
``(a) State.--Each State receiving funds under this part shall
report on activities in the State under this section, consistent with
section 6202(a)(2).
``(b) School.--Each school receiving assistance under this part, or
the local educational agency serving that school, shall produce an
annual report to parents, the general public, and the State educational
agency, in easily understandable language, regarding student
achievement that is a result of hiring additional highly qualified
teachers and reducing class size.''. | Class Size Reduction and Teacher Quality Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade.
Authorizes appropriations.
Sets forth program requirements for: (1) allotments to States; (2) within-State allocations; (3) local uses of funds; and (4) cost-sharing. | Class Size Reduction and Teacher Quality Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Sanctions Reform Act of
1999''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish an effective framework
for the consideration and enactment of unilateral economic sanctions
legislation and for the use of sanctions in order to ensure strong and
effective use of sanctions in pursuit of United States national
interests while minimizing the associated adverse effects and costs
imposed on United States businesses, exporters, farmers, and workers.
SEC. 3. DEFINITIONS.
In this Act:
(1) New unilateral economic sanctions law.--The term ``new
unilateral economic sanctions law'' means any law, or provision
of law, enacted on or after the date of enactment of this Act,
that authorizes or requires, under specified circumstances, the
implementation by the United States of a unilateral economic
sanction.
(2) New unilateral economic sanctions legislation.--The
term ``new unilateral economic sanctions legislation'' means
any bill, joint resolution, amendment, or conference report
that--
(A) is introduced, reported to, or laid before a
House of Congress on or after the date of enactment of
this Act; and
(B) if enacted into law, would authorize or
require, under specified circumstances, the
implementation by the United States of a unilateral
economic sanction.
(3) Unilateral economic sanction.--The term ``unilateral
economic sanction'' means--
(A) any measure taken by the United States that is
designed to advance United States foreign policy or
national security interests and that constrains--
(i) the economic activities of United
States or foreign persons, entities, or
countries;
(ii) United States Government programs or
benefits that would otherwise be available; or
(iii) the policy advanced by the executive
branch in an international financial
institution; and
(B) does not include any obligation or
responsibility of the United States under an
international agreement or other international regime.
SEC. 4. GUIDELINES FOR NEW UNILATERAL ECONOMIC SANCTIONS LEGISLATION.
Any new unilateral economic sanctions legislation should--
(1) contain a statement of the foreign policy or national
security objective of the United States that the legislation is
intended to achieve;
(2) provide authority for the President to refrain from
imposing, or taking any action that would result in the
imposition of, or to suspend or terminate, any sanction
provided for in the legislation, if the President determines
that such a course of action is in the national interest of the
United States;
(3) provide for contract sanctity, unless the President
determines, in the context of imposing any particular sanction
provided for in the legislation, that contract sanctity would
detract from the effectiveness of the sanction;
(4) authorize the President to take into account the effect
of any sanction provided for in the legislation on persons and
entities that are not responsible for the conduct that the
sanctions seek to address and to target any such sanction as
narrowly as appropriate;
(5) not restrict--
(A) humanitarian or human rights assistance;
(B) the export of any agricultural commodity or
product or medicine, or any program facilitating such
an export; or
(C) assistance for any activity undertaken to
change the conduct the sanction is intended to target,
unless the President determines that doing so in the context of
imposing any particular sanction provided for in the
legislation would be in the national interest of the United
States; and
(6) provide that not later than the anniversary of the date
of initial imposition of any sanction provided for in the
legislation, and annually thereafter, the President shall
review the sanction and submit a report to Congress setting
forth--
(A) an evaluation of the effectiveness to date of
the sanction as an instrument of United States foreign
policy or national security;
(B) an evaluation of the likely effectiveness of
the continued imposition of the sanction;
(C) the objectives of the continued imposition of
the sanction;
(D) the extent of multilateral support for the
continued imposition of the sanction and the extent to
which such support has been sought;
(E) the costs and gains to the United States of
continued imposition of the sanction, taking into
consideration the factors described in section 5(b) of
this Act; and
(F) any determination that may have been made to
exercise the authorities of section 8 of this Act.
SEC. 5. GUIDELINES FOR CONGRESSIONAL CONSIDERATION OF NEW UNILATERAL
ECONOMIC SANCTIONS LEGISLATION.
(a) In considering new unilateral economic sanctions legislation,
Congress should--
(1) ensure that there is available complete information
about the projected costs and gains to the United States
national interests of taking any decision under the legislation
and of imposing any unilateral economic sanction provided for
in the legislation through appropriate mechanisms, including
providing an opportunity for the President to submit a report
assessing such costs and gains;
(2) take into account the extent to which the United States
has international legal obligations with which the proposed
legislation may conflict;
(3) take into account the extent to which the sanction
provided for in the proposed legislation are consistent with
other sanctions provisions already in force or under
consideration by Congress; and
(4) take into account the administrative costs of
implementing the proposed legislation.
(b) Costs and Gains.--The cost and gains referred to in subsection
(a)(1) include the following:
(1) The likelihood that each sanction provided for in the
legislation will achieve its stated objective within a
reasonable period of time.
(2) The importance to United States national interests of
achieving the stated objective of each sanction.
(3) The likely impact of each sanction provided for in the
legislation on--
(A) humanitarian conditions, including the impact
on conditions in any specific country on which the
sanction provided for in the legislation could be
imposed;
(B) humanitarian activities of nongovernmental
organizations;
(C) relations with United States allies;
(D) other United States national security or
foreign policy interests; and
(E) any country or entity other than that on which
the sanction provided for in the legislation could be
imposed.
(4) Diplomatic and other steps the United States has taken
to accomplish the intended objectives of the proposed
legislation.
(5) The likelihood of multilateral adoption of measures
comparable to those provided for in the proposed legislation.
(6) The extent to which--
(A) alternative measures exist to promote the same
objectives;
(B) imposition of each sanction provided for in the
proposed legislation is likely to lead to retaliation
against United States interests; and
(C) imposition of each sanction provided for in the
legislation could harm the interests of United States
business, agriculture, and consumers, as well as the
international reputation of the United States as a
reliable supplier of products, technology, agricultural
commodities, financial institutions, and services,
including financial services.
SEC. 6. CONGRESSIONAL RULES OF PROCEDURE.
(a) Floor Consideration in the House of Representatives and the
Senate.--It shall not be in order in either the House of
Representatives or the Senate to consider any new unilateral economic
sanctions legislation unless that legislation contains the matters
described in sections 4.
(b) Federal Private Sector Mandate.--
(1) In general.--Any new unilateral economic sanctions
legislation shall be considered to be a Federal private sector
mandate for purposes of section 421(7) of the Congressional
Budget Act of 1974 (2 U.S.C. 658(7)).
(2) Report by the congressional budget office.--The report
by the Congressional Budget Office pursuant to paragraph (1)
shall include an assessment of the likely short-term and long-
term costs of the proposed sanctions legislation to the United
States economy, including--
(A) the potential impact on United States trade
performance, employment, and growth;
(B) the international reputation of the United
States as a reliable supplier of products, agricultural
commodities, technology, and services; and
(C) the economic well-being and international
competitive position of United States industries,
firms, workers, and communities.
(c) Rules of the House of Representatives and the Senate.--This
section is enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such these
rules are deemed a part of the rule of each House,
respectively, and they supersede other rules only to the extent
that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 7. EXECUTIVE BRANCH ACTION.
(a) Adoption of Guidelines for Imposition of Sanctions.--The
President should, through issuance of Executive orders or other
comparable means, adopt guidelines, comparable to those described in
sections 4 and 5 of this Act, that would apply to executive branch
imposition of any unilateral economic sanction pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
(b) Procedures for Public Outreach.--The President should establish
procedures for informing the United States public of significant
developments in the formulation of United States policy with respect to
sanctions, and for obtaining appropriate input with respect to such
matters.
SEC. 8. RULES REGARDING SANCTIONS IMPOSED BY THE EXECUTIVE BRANCH OR BY
STATUTORY ENACTMENTS.
(a) Authority To Suspend, Terminate, or Not Impose Sanctions.--
Whenever the President determines and reports to Congress that the
gains for the United States national interests expected to be derived
from imposition or continued application of any sanction imposed
pursuant to a unilateral economic sanctions law would fail to outweigh
the costs to those interests from such imposition or application, the
President is authorized to--
(1) refrain from imposing, or taking any action that would
result in the imposition of, any such sanction; or
(2) suspend or terminate the application of any sanction.
(b) Authority To Reimpose Sanctions.--In the case of any sanction
that the President refrains from imposing or suspends, pursuant to a
determination under subsection (a), the President is authorized to
subsequently impose or resume the application of the sanction if the
President notifies the appropriate congressional committee 15 days in
advance.
(c) Disapproval of Proposed Presidential Action.--
(1) Determinations not to impose sanctions.--In the case of
any Presidential determination under subsection (a)(1), the
decision to refrain from imposing or taking any action that
would result in the imposition of any sanction shall take
effect immediately following the submission of a report to
Congress under that subsection, unless Congress enacts a joint
resolution disapproving the determination not later than 30
days after the date the report was submitted to Congress.
(2) Determinations to suspend or terminate sanctions.--In
the case of a suspension or termination of a sanction under
subsection (a)(2), the suspension or termination shall take
effect 30 days after the President has submitted a report to
Congress under that subsection, unless before that time
Congress has enacted a joint resolution disapproving the
determination.
(d) Congressional Priority Procedures.--
(1) In the senate.--Any joint resolution under subsection
(c) shall be considered in the Senate in accordance with the
provisions of section 601(b) of the International Security
Assistance and Arms Export Control Act of 1976.
(2) In the house of representatives.--For the purpose of
expediting consideration and enactment of any joint resolution
under subsection (c), a motion to proceed to the consideration
of the joint resolution after it has been reported by the
appropriate committee shall be treated as highly privileged in
the House of Representatives.
(e) Supersedes Other Provisions of Law.--The provisions of this
section supersede any other provision of law. | Economic Sanctions Reform Act of 1999 - Declares that it is the purpose of this Act to establish an effective framework for consideration and enactment of unilateral economic sanctions legislation, and for the use of sanctions in order to ensure strong and effective use of such sanctions in pursuit of U.S. national interests while minimizing the associated adverse effects and costs imposed on U.S. businesses, exporters, farmers, and workers.
Declares that any new unilateral economic sanctions legislation should: (1) contain a statement of the foreign policy or national security objective of the United States; (2) provide authority for the President to refrain from imposing or to suspend or terminate a sanction if it is in the national interests of the United States; (3) authorize the President to target any such sanction as narrowly as appropriate; (4) not restrict humanitarian or human rights assistance or any agricultural commodity or medicine unless it is in the national interests of the United States; and (5) provide that the President shall review annually the effectiveness, and costs and gains to the United States of continued imposition, of such sanctions.
Sets forth certain guidelines and procedures for congressional consideration of any new unilateral economic sanction legislation.
Urges the President to: (1) adopt guidelines comparable to those contained in this Act that would apply to executive branch imposition of any unilateral economic sanctions; and (2) establish procedures for informing the U.S. public of significant developments in the formulation of U.S. policy with respect to such sanctions.
Authorizes the President, under specified circumstances, to refrain from imposing, or suspend or terminate, a unilateral economic sanction. | Economic Sanctions Reform Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Sports Integrity Act''.
TITLE I--PERFORMANCE ENHANCING DRUGS
SEC. 101. SHORT TITLE.
This Title may be cited as ``Athletic Performance-Enhancing Drugs
Research and Detection Act''.
SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED.
(a) In General.--The Director of the National Institute of
Standards and Technology shall establish and administer a program under
this title to support research into the use of performance-enhancing
substances by athletes, and methods of detecting their use.
(b) Grants.--
(1) In general.--The program shall include grants of
financial assistance, awarded on a competition basis, to
support the advancement and improvement of research into the
use of performance-enhancing substances by athletes, and
methods of detecting their use.
(2) Banned substances.--In carrying out the program the
Director shall consider research proposals involving
performance-enhancing substances banned from use by competitors
in events sanctioned by organizations, such as the
International Olympic Committee, the United States Olympic
Committee, the National Collegiate Athletic Association, the
National Football League, the National Basketball Association,
and Major League Baseball.
(3) Research concentration.--In carrying out the program,
the Director shall--
(A) fund research on the detection of naturally-
occurring steroids, such as testosterone, and other
testosterone precursors (e.g., androstendione), and
other substances, such as human growth hormone and
erythropoietin for which no tests are available but for
which there is evidence of abuse or abuse potential;
(B) fund research that focuses on population
studies to ensure that tests are accurate for men,
women, all relevant age, and major ethnic groups; and
(C) not fund research on drugs of abuse, such as
cocaine, phencyclidine, marijuana, morphine/codeine,
benzodiazepines, barbiturates, and methamphetamine/
amphetamine.
(c) Technical and Scientific Peer Review.--
(1) In general.--The Director shall establish appropriate
technical and scientific peer review procedures for evaluating
applications for grants under the program.
(2) Implementation.--The Director shall--
(A) ensure that grant applicants meet a set of
minimum criteria before receiving consideration for an
award under the program;
(B) give preference to laboratories with an
established record of athletic drug testing analysis;
and
(C) establish a minimum individual grant award of
not less than $500,000 per fiscal year.
(3) Criteria.--The list of minimum criteria shall include
requirements that each applicant--
(A) demonstrate a record of publication and
research in the area of drug testing;
(B) provide a plan detailing the direct
transference of the research findings to lab
applications in athletic drug testing; and
(C) certify that it is a not-for-profit research
program.
(4) Results.--The Director also shall establish appropriate
technical and scientific peer review procedures for evaluating
the results of research funded, in part or in whole, by grants
provided under the program. Each review conducted under this
paragraph shall include a written report of findings and, if
appropriate, recommendations prepared by the reviewer. The
reviewer shall provide a copy of the report to the Director
within 30 days after the conclusion of the review.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Institute of Standards and
Technology $4,000,000 per fiscal year to carry out this section for
fiscal years 2004, 2005, 2006, 2007, and 2008.
SEC. 103. PREVENTION AND INTERVENTION PROGRAMS.
(a) In General.--The Director of the National Institute of
Standards and Technology shall develop a grant program to fund
educational substance abuse prevention and intervention programs
related to the use of performance-enhancing substances described in
section 102(b)(2) by high school and college student athletes. The
Director shall establish a set of minimum criteria for applicants to
receive consideration for an award under the program. The list of
minimum criteria shall include requirements that each applicant--
(1) propose an intervention and prevention program based on
methodologically sound evaluation with evidence of drug
prevention efficacy; and
(2) demonstrate a record of publication and research in the
area of athletic drug use prevention.
(b) Minimum Grant Award.--The Director shall establish a minimum
individual grant award of not less than $300,000 per fiscal year.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Institute of Standards and
Technology $3,000,000 per fiscal year to carry out this section for
fiscal years 2004, 2005, 2006, 2007, and 2008.
TITLE II--GAMBLING
SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES INVOLVING HIGH
SCHOOL AND COLLEGE ATHLETES AND THE OLYMPICS.
(a) In General.--The Ted Stevens Olympic and Amateur Sports Act
(chapter 2205 of title 36, United States Code) is amended by adding at
the end the following new subchapter:
``SUBCHAPTER III--MISCELLANEOUS
``Sec. 220541. Unlawful sports gambling: Olympics; high school and
college athletes
``(a) Prohibition.--It shall be unlawful for--
``(1) a governmental entity to sponsor, operate, advertise,
promote, license, or authorize by law or compact, or
``(2) a person to sponsor, operate, advertise, or promote,
pursuant to law or compact of a governmental entity,
a lottery, sweepstakes, or other betting, gambling, or wagering scheme
based, directly or indirectly, on a competitive game or performance
described in subsection (b).
``(b) Covered Games and Performances.--A competitive game or
performance described in this subsection is the following:
``(1) One or more competitive games at the Summer or Winter
Olympics.
``(2) One or more competitive games in which high school or
college athletes participate.
``(3) One or more performances of high school or college
athletes in a competitive game.
``(c) Applicability.--The prohibition in subsection (a) applies to
activity described in that subsection without regard to whether the
activity would otherwise be permitted under subsection (a) or (b) of
3704 of title 28.
``(d) Injunctions.--A civil action to enjoin a violation of
subsection (a) may be commenced in an appropriate district court of the
United States by the Attorney General of the United States, a local
educational agency, college, or sports organization, including an
amateur sports organization or the corporation, whose competitive game
is alleged to be the basis of such violation.
``(e) Definitions.--In this section:
``(1) High school.--The term `high school' has the meaning
given the term `secondary school' in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
``(2) College.--The term `college' has the meaning given
the term `institution of higher education' in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 8801).
``(3) Local educational agency.--The term `local
educational agency' has the meaning given that term in section
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).''.
(b) Clerical Amendment.--The table of sections at the beginning of
that Act (chapter 2205 of title 36, United States Code) is amended by
adding at the end the following:
``subchapter iii--miscellaneous
``220541. Unlawful sports gambling: Olympics; high school and college
athletes.''. | Amateur Sports Integrity Act - Athletic Performance-Enhancing Drugs Research and Detection Act - Requires the Director of the National Institute of Standards and Technology to: (1) establish a program to support research into the use of performance-enhancing substances by athletes and methods of detecting their use; (2) consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by professional and collegiate sports organizations; (3) fund research on the detection of naturally-occurring steroids, other testosterone precursors, and other substances for which no tests are available but for which there is evidence of abuse or abuse potential; (4) fund research that focuses on population studies to ensure that tests are accurate for men, women, all relevant ages, and major ethnic groups; (5) not fund research on drugs of abuse; and (6) develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of such banned performance-enhancing substances by high school and college student athletes.Amends the Ted Stevens Olympic and Amateur Sports Act to make it unlawful to sponsor, operate, advertise, promote, license, or authorize a betting, gambling, or wagering scheme based on a competitive game at the Summer or Winter Olympics or in which high school or college athletes participate. | A bill to direct the National Institute of Standards and Technology to establish a program to support research and training in methods of detecting the use of performance-enhancing drugs by athletes, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Currency Enforcement Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The manufacturing sector is an important driver of the
United States economy, contributing almost 30 percent of our
economic growth during the 1990's, and twice the productivity
growth of the service sector during that period.
(2) The manufacturing sector contributes significantly to
our Nation's development of new products and technologies for
world markets, performing almost 60 percent of all research and
development in the United States over the past two decades.
(3) The manufacturing sector provides high quality jobs,
with average weekly wages in 2002 nearly 26 percent higher than
jobs in the service sector.
(4) The manufacturing growth creates a significant number
of jobs and investments in other sectors of the economy, and
this ``multiplier effect'' is reckoned by economists to be
larger (2.43 to 1) than for any other significant sector of the
economy.
(5) The ``jobless recovery'' from the recent recession has
witnessed the worst job slump since the Great Depression and
the weakest employment recovery on record.
(6) The manufacturing sector has been hit the hardest by
the jobless recovery, with more than 2,700,000 jobs lost since
July 2000, accounting for nearly 90 percent of the total United
States jobs lost.
(7) A significant factor in the loss of valuable United
States manufacturing jobs is the difficulty faced by United
States manufacturers in competing effectively against lower
priced foreign products.
(8) A significant obstacle to United States manufacturers
in competing against foreign manufacturers is the practice of
some governments of intervening aggressively in currency
markets to maintain their own currencies at artificially low
valuations, thus subsidizing their export sales and raising
price barriers to imports from the United States.
(9) Certain Asian countries exemplify this practice. China,
Japan, South Korea, and Taiwan together have accumulated
approximately $1,200,000,000,000 in foreign currency reserves,
about \1/2\ of the world's total reserves. The vast majority of
these reserves, perhaps as high as 90 percent, are in dollars.
These same 4 countries account for 60 percent of the United
States world trade deficit in manufactured goods. These
reserves are symptomatic of a strategy of intervention to
manipulate currency values.
(10) The People's Republic of China is particularly
aggressive in intervening to maintain the value of its
currency, the renminbi, at an artificially low rate. China
maintains this rate by mandating foreign exchange sales at its
central bank at a fixed exchange rate against the dollar, in
effect, pegging the renminbi at this rate. This low rate
represents a significant reason why China has contributed the
most to our trade deficit in manufactured goods. The United
States trade deficit with China increased from $57,000,000,000
in 1998 to $103,000,000,000 in 2002, while China accumulated
dollar reserves totaling over $345,000,000,000 as of June 2003,
keeping the value of the renminbi essentially flat since 1994.
(11) Economists estimate that as a result of this
manipulation of the Chinese currency, the renminbi is
undervalued by between 15 and 40 percent, effectively creating
a 15- to 40-percent subsidy for Chinese exports and giving
Chinese manufacturers a significant price advantage over United
States and other competitors.
(12) Japan held foreign currency reserves worth
$526,600,000,000 as of June 2003, and for the previous 6 months
increased its reserves by an average of $12,500,000,000 per
month. Experts estimate that the yen is undervalued by
approximately 20 percent or more, giving Japanese manufacturers
a significant price advantage over United States competitors.
(13) In addition to being placed at a competitive
disadvantage by foreign competitors' exports that are unfairly
subsidized by strategically undervalued currencies, United
States manufacturers also may face significant nontariff
barriers to their own exports to these same countries. For
example, in China a complex system involving that nation's
value added tax and special tax rebates ensures that
semiconductor devices imported into China are taxed at 17
percent while domestic devices are effectively taxed at 6
percent.
(14) The United States has the right and power to redress
unfair competitive practices in international trade involving
currency manipulation.
(15) Under section 3004 of the Omnibus Trade and
Competitiveness Act of 1988, the Secretary of the Treasury is
required to determine whether any country is manipulating the
rate of exchange between its currency and the dollar for the
purpose of preventing effective balance of payments adjustments
or gaining unfair advantage in international trade. If such
violations are found, the Secretary of the Treasury is required
to undertake negotiations with any country that has a
significant trade surplus.
(16) Article IV of the Articles of Agreement of the
International Monetary Fund prohibits currency manipulation by
a member for the purposes of gaining an unfair competitive
advantage over other members, and the related surveillance
provision defines ``manipulation'' to include ``protracted
large-scale intervention in one direction in the exchange
market''.
(17) Under Article XV of the Exchange Agreements of the
General Agreement on Tariffs and Trade, all contracting parties
``shall not, by exchange action, frustrate the intent of the
provisions of this Agreement, nor by trade action, the intent
of the Articles of Agreement of the International Monetary
Fund''. Such actions are actionable violations. The intent of
the General Agreement on Tariffs and Trade Exchange Agreement,
as stated in the preamble of that Agreement, includes the
objective of ``entering into reciprocal and mutually
advantageous arrangements directed to substantial reduction of
tariffs and other barriers to trade,'' and currency
manipulation may constitute a trade barrier disruptive to
reciprocal and mutually advantageous trade arrangements.
(18) Deliberate currency manipulation by nations to
significantly undervalue their currencies also may be
interpreted as a violation of the Agreement on Subsidies and
Countervailing Measures of the World Trade Organization (as
described in section 101(d)(12)) of the Uruguay Round
Agreements Act, which could lead to action and remedy under the
World Trade Organization dispute settlement procedures.
(19) Deliberate, large-scale intervention by governments in
currency markets to significantly undervalue their currencies
may be a nullification and impairment of trade benefits
precluded under Article XXIII of the General Agreement on
Tariffs and Trade, and subject to remedy.
(20) The United States Trade Representative also has
authority to pursue remedial actions under section 301 of the
Trade Act of 1974.
(21) The United States has special rights to take action to
redress market disruption under section 406 of the Trade Act of
1974 adopted pursuant to the provisions of the United States-
China Bilateral Agreement on World Trade Organization
Accession.
(22) While large-scale manipulation of currencies by
certain major trading partners to achieve an unfair competitive
advantage is one of the most pervasive barriers faces by the
manufacturing sector in the United States, other factors are
contributing to the decline of manufacturing and small and mid-
sized manufacturing firms in the United States, including but
not limited to non-tariff trade barriers, lax enforcement of
existing trade agreements, and weak or under utilized
government support for trade promotion.
SEC. 3. NEGOTIATION PERIOD REGARDING CURRENCY NEGOTIATIONS.
Beginning on the date of enactment of this Act, the President shall
begin bilateral and multilateral negotiations for a 90-day period with
those governments of nations determined to be engaged most egregiously
in currency manipulation, as defined in section 7, to seek a prompt and
orderly end to such currency manipulation and to ensure that the
currencies of these countries are freely traded on international
currency markets, or are established at a level that reflects a more
appropriate and accurate market value. The President shall seek support
in this process from international agencies and other nations and
regions adversely affected by these currency practices.
SEC. 4. FINDINGS OF FACT AND REPORT REGARDING CURRENCY MANIPULATION.
(a) In General.--During the 90-day negotiation period described in
section 3, the International Trade Commission shall--
(1) ascertain and develop the full facts and details
concerning how countries have acted to manipulate their
currencies to increase their exports to the United States and
limit their imports of United States products;
(2) quantify the extent of this currency manipulation;
(3) examine in detail how these currency practices have
affected and will continue to affect United States
manufacturers and United States trade levels, both for imports
and exports;
(4) review whether and to what extent reduction of currency
manipulation and the accumulation of dollar-denominated
currency reserves and public debt instruments might adversely
affect United States interest rates and public debt financing;
(5) make a determination of any and all available
mechanisms for redress under applicable international trade
treaties and agreements, including the Articles of Agreement of
the International Monetary Fund, the General Agreement on
Tariffs and Trade, the World Trade Organization Agreements, and
United States trade laws; and
(6) undertake other appropriate evaluations of the issues
described in paragraphs (1) through (5).
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the International Trade Commission shall provide a detailed
report to the President, the United States Trade Representative, the
Secretary of the Treasury, and the appropriate congressional committees
on the findings made as a result of the reviews undertaken under
paragraphs (1) through (6) of subsection (a).
SEC. 5. INSTITUTE PROCEEDINGS REGARDING CURRENCY MANIPULATION.
At the end of the 90-day negotiation period provided for in section
3, if agreements are not reached by the President to promptly end
currency manipulation, the President shall institute proceedings under
the relevant provisions of international law and United States trade
laws including sections 301 and 406 of the Trade Act of 1974 with
respect to those countries that, based on the findings of the
International Trade Commission under section 4, continue to engage in
the most egregious currency manipulation. In addition to seeking a
prompt end to currency manipulation, the President shall seek
appropriate damages and remedies for the Nation's manufacturers and
other affected parties. If the President does not institute action, the
President shall, not later than 120 days after the date of enactment of
this Act, provide to the appropriate congressional committees a
detailed explanation and accounting of precisely why the President has
determined not to institute action.
SEC. 6. ADDITIONAL REPORTS AND RECOMMENDATIONS.
(a) National Security.--Within 90 days of the date of enactment of
this Act, the Secretary of Defense shall provide a detailed report to
the appropriate congressional committees evaluating the effects on our
national security of countries engaging in significant currency
manipulations, and the effect of such manipulation on critical
manufacturing sectors such as semiconductors.
(b) Other Unfair Trade Practices.--Within 90 days of the date of
enactment of this Act, the United States Trade Representative and the
International Trade Commission shall evaluate and report in detail to
the appropriate congressional committees on other trade practices and
trade barriers by major East Asian trading nations potentially in
violation of international trade agreements, including the practice of
maintaining a value-added or other tax regime that effectively
discriminates against imports by underpricing domestically produced
goods.
(c) Trade Enforcement.--Within 90 days of the date of enactment of
this Act, the United States Trade Representative and the International
Trade Commission shall report in detail to the appropriate
congressional committees on steps that could be taken to significantly
improve trade enforcement efforts against unfair trade practices by
competitor trading nations, including making recommendations for
additional support for trade enforcement efforts.
(d) Trade Promotion.--Within 90 days of the date of enactment of
this Act, the Secretaries of State and Commerce, and the United States
Trade Representative, shall prepare a detailed report with
recommendations on steps that could be undertaken to significantly
improve trade promotion for United States goods and services, including
recommendations on additional support to improve trade promotion.
SEC. 7. CURRENCY MANIPULATION DEFINED.
In this Act, the term ``currency manipulation'' means--
(1) large-scale manipulation of exchange rates by a nation
in order to gain an unfair competitive advantage as stated in
Article IV of the Articles of Agreement of the International
Monetary Fund and related surveillance provisions;
(2) sustained, large-scale currency intervention in one
direction, through mandatory foreign exchange sales at a
nation's central bank at a fixed exchange rate; or
(3) other mechanisms, used to maintain a currency at a
fixed exchange rate relative to another currency. | Fair Currency Enforcement Act of 2003 - Directs the President to: (1) begin bilateral and multilateral negotiations for a 90-day period with those governments of nations determined to be engaged most egregiously in currency manipulation; (2) seek a prompt and orderly end to such currency manipulation; and (3) ensure that the currencies of these countries are freely traded on international currency markets, or are established at a level that reflects a more appropriate and accurate market value.
Requires the International Trade Commission (ITC), during the 90-day negotiation period, to study and report to the President, the U.S. Trade Representative (USTR), the Secretary of the Treasury, and the appropriate congressional committees on currency manipulation by trading countries to increase their exports to the United States and limit their imports of U.S. products.
Directs the President, at the end of the negotiation period, if agreements are not reached to end currency manipulation promptly, to: (1) institute proceedings under the relevant U.S. and international trade law with respect to those countries that, based on the ITC findings, continue to engage in the most egregious currency manipulation; and (2) seek appropriate damages and remedies for the Nation's manufacturers and other affected parties.
Requires reports to the appropriate congressional committees on: (1) the effects on U.S. national security of countries engaging in significant currency manipulations, as well as the effect of such manipulation on critical manufacturing sectors such as semiconductors; (2) other trade practices and trade barriers by major East Asian trading nations (China, Japan, South Korea, Taiwan, among others) potentially in violation of international trade agreements; and (3) steps that could be taken to significantly improve trade enforcement efforts against unfair trade practices by competitor trading nations, and trade promotion for U.S. goods and services. | A bill to require negotiation and appropriate action with respect to certain countries that engage in currency manipulation. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reverse the Raid on Student Aid Act
of 2006''.
SEC. 2. INTEREST RATE REDUCTIONS.
(a) FFEL Interest Rates.--Section 427A(l) (20 U.S.C. 1077a(l)) is
amended--
(1) in paragraph (1)--
(A) by striking ``6.8 percent'' and inserting ``3.4
percent''; and
(B) by inserting before the period at the end the
following: ``, except that for any loan made pursuant
to section 428H for which the first disbursement is
made on or after July 1, 2006, the applicable rate of
interest shall be 6.8 percent on the unpaid principal
balance of the loan''; and
(2) in paragraph (2), by striking ``8.5 percent'' and
inserting ``4.25 percent''.
(b) Direct Loans.--Section 455(b)(7) (20 U.S.C. 1087e(b)(7)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``and Federal Direct Unsubsidized
Stafford Loans'';
(B) by striking ``6.8 percent'' and inserting ``3.4
percent''; and
(C) by inserting before the period at the end the
following: ``, and for any Federal Direct Unsubsidized
Stafford Loan made for which the first disbursement is
made on or after July 1, 2006, the applicable rate of
interest shall be 6.8 percent on the unpaid principal
balance of the loan''; and
(2) in subparagraph (B), by striking ``7.9 percent'' and
inserting ``4.25 percent''.
SEC. 3. FEDERAL PELL GRANT AWARDS.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), by striking clauses (i)
through (v) and inserting the following:
``(i) $4,500 for academic year 2007-2008;
``(ii) $4,800 for academic year 2008-2009;
``(iii) $5,200 for academic year 2009-2010;
``(iv) $5,600 for academic year 2010-2011; and
``(v) $6,000 for academic year 2011-2012,'';
(B) in paragraph (3)(A), by striking ``an
appropriation Act'' and inserting ``this section''; and
(C) in paragraph (7), by striking ``the appropriate
Appropriation Act for this subpart'' and inserting
``this section'';
(2) by striking subsection (g);
(3) by redesignating subsections (h), (i), and (j), as
subsections (g), (h), and (i), respectively; and
(4) by adding at the end the following:
``(j) Authorization and Appropriation of Funds.--There are
authorized to be appropriated, and there are appropriated, to carry out
this section--
``(1) for academic year 2007-2008, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $4,500;
``(2) for academic year 2008-2009, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $4,800;
``(3) for academic year 2009-2010, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $5,200;
``(4) for academic year 2010-2011, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $5,600;
``(5) for academic year 2011-2012, such sums as may be
necessary to award each student eligible for a Federal Pell
Grant for such academic year not more than $6,000; and
``(6) for each subsequent academic year, such sums as may
be necessary to award each student eligible for a Federal Pell
Grant for such subsequent academic year not more than the
amount that is equal to the maximum award amount for the
previous academic year increased by a percentage equal to the
estimated percentage increase in the Consumer Price Index (as
determined by the Secretary) between such previous academic
year and such subsequent academic year.''.
SEC. 4. IN-SCHOOL CONSOLIDATION.
Section 428(b)(7)(A) of the Higher Education Act of 1965 (20 U.S.C.
1078(b)(7)(A)) is amended by striking ``shall begin'' and all that
follows through the period and inserting ``shall begin--
``(i) the day after 6 months after the date the
student ceases to carry at least one-half the normal
full-time academic workload (as determined by the
institution); or
``(ii) on an earlier date if the borrower requests
and is granted a repayment schedule that provides for
repayment to commence at an earlier date.''.
SEC. 5. ADMINISTRATIVE ACCOUNT FOR DIRECT LOAN PROGRAM.
Section 458 of the Higher Education Act of 1965 (20 U.S.C. 1087h)
is amended to read as follows:
``SEC. 458. FUNDS FOR ADMINISTRATIVE EXPENSES.
``(a) Administrative Expenses.--
``(1) In general.--Each fiscal year there shall be
available to the Secretary, from funds not otherwise
appropriated, funds to be obligated for--
``(A) administrative costs under this part and part
B, including the costs of the direct student loan
programs under this part; and
``(B) account maintenance fees payable to guaranty
agencies under part B and calculated in accordance with
subsection (b),
not to exceed (from such funds not otherwise appropriated)
$904,000,000 in fiscal year 2007, $943,000,000 in fiscal year
2008, $983,000,000 in fiscal year 2009, $1,023,000,000 in
fiscal year 2010, $1,064,000,000 in fiscal year 2011, and
$1,106,000,000 in fiscal year 2012.
``(2) Account maintenance fees.--Account maintenance fees
under paragraph (1)(B) shall be paid quarterly and deposited in
the Agency Operating Fund established under section 422B.
``(3) Carryover.--The Secretary may carry over funds made
available under this section to a subsequent fiscal year.
``(b) Calculation Basis.--Account maintenance fees payable to
guaranty agencies under subsection (a)(1)(B) shall not exceed the basis
of 0.10 percent of the original principal amount of outstanding loans
on which insurance was issued under part B.
``(c) Budget Justification.--No funds may be expended under this
section unless the Secretary includes in the Department of Education's
annual budget justification to Congress a detailed description of the
specific activities for which the funds made available by this section
have been used in the prior and current years (if applicable), the
activities and costs planned for the budget year, and the projection of
activities and costs for each remaining year for which administrative
expenses under this section are made available.''.
SEC. 6. SINGLE HOLDER RULE.
Subparagraph (A) of section 428C(b)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1078-3(b)(1)) is amended by striking ``and (i)'' and
all that follows through ``so selected for consolidation)''. | Reverse the Raid on Student Aid Act of 2006 - Amends the Higher Education Act of 1965 to cut student loan interest rates to 3.4% for student borrowers and 4.25% for parent borrowers under the Federal Family Education Loan (FFEL) and William D. Ford Direct Loan programs for loans whose first disbursement is made on or after July 1, 2006. Maintains the current 6.8% interest rate, however, for unsubsidized Stafford loans for middle-income borrowers under such programs.
Authorizes and appropriates the funds necessary to award eligible students with Pell Grants up to specified maximum increasing amounts from academic year 2007 to 2012, with increases thereafter gauged to the Consumer Price Index.
Allows students to consolidate loans under the FFEL program while still in school.
Sets limits on funds available for administrative expenses under the FFEL and Direct Loan programs for FY2007-2012. Eliminates the current FY2007-2011 authorization of appropriations for the administrative costs of such programs.
Repeals the single holder rule which requires borrowers to apply to their current lenders for FFEL consolidation loans. | A bill to amend the Higher Education Act of 1965 to provide interest rate reductions, to authorize and appropriate amounts for the Federal Pell Grant program, to allow for in-school consolidation, to provide the administrative account for the Federal Direct Loan Program as a mandatory program, to strike the single holder rule, and for other purposes. |
SECTION 1. PURPOSE.
The purpose of this Act is to establish the preferred alternative
for flood control in the Passaic River basin, New Jersey, to be
implemented in place of construction of the Passaic River Tunnel, while
maintaining the integrity of previously authorized Passaic River basin
restoration measures.
SEC. 2. DEFINITIONS.
In this Act:
(1) Hazard mitigation.--The term ``hazard mitigation''
means--
(A) floodproofing; and
(B) acquisition of wetland throughout the Passaic
River basin for flood management purposes or retention
and detention.
(2) Oversight committee.--The term ``Oversight Committee''
means the committee established by section 3(j).
(3) Preferred alternative.--The term ``preferred
alternative'' means a qualified acquisition and hazard
mitigation plan for the project.
(4) Project.--The term ``project'' means the project for
flood control, Passaic River Main Stem, New Jersey and New
York, authorized by section 101(a)(18) of the Water Resources
Development Act of 1990 (104 Stat. 4607).
(5) Qualified acquisition.--The term ``qualified
acquisition'' means a purchase by the Secretary, in cooperation
with State, county, and local governments, of property that has
sustained excessive damage caused by at least 2 floods,
including the major flood in the Passaic River basin during
1984 and any subsequent flood.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. COMPONENTS OF PASSAIC RIVER BASIN FLOOD MANAGEMENT PROGRAM.
(a) Structures in the Floodway.--
(1) In general.--The Secretary shall acquire, demolish, and
remove structures in the floodway of the Central Passaic River
basin where excessive damage has occurred in at least 2 floods,
including the flood of 1984 and any subsequent flood.
(2) Cost sharing.--The cost of carrying out paragraph (1)
shall be paid in cooperation with State, county, and local
governments at a ratio of 75 percent Federal to 25 percent non-
Federal.
(3) Stabilization.--The floodway land in the Central
Passaic River basin shall be stabilized as part of the
ecological restoration program under section 101(a)(18)(C) of
the Water Resources Development Act of 1990 (104 Stat. 4609),
and, where appropriate, wetlands shall be created.
(4) Management.--After the land is vacated, the land shall
be held in perpetuity by the most appropriate Federal or State
agency, as determined in consultation with the Oversight
Committee, and shall be managed as open space.
(5) Blue acres program.--This subsection shall be carried
out in conformance with the Blue Acres Program of the State of
New Jersey.
(6) Credit.--Crediting of land acquisition for the non-
Federal share of the cost of the project shall remain in effect
in accordance with section 101(a)(18)(C)(vii) of the Water
Resources Development Act of 1990 (104 Stat. 4609).
(b) Additional Structures in the 10-Year Floodplain.--
(1) In general.--The Secretary shall acquire, demolish, and
remove additional structures, or floodproof structures, to the
10-year floodplain in the floodway of the Central Passaic River
basin in areas where excessive damage has occurred in at least
2 floods, including the flood of 1984 and any subsequent flood.
(2) Cost share.--
(A) Acquisition, demolition, and removal.--Funding
for an acquisition, demolition, and removal under
paragraph (1) shall be shared 75 percent Federal and 25
percent State.
(B) Floodproofing.--Funding of floodproofing under
paragraph (1) shall be shared 75 percent Federal, 15
percent property owner, and 10 percent State.
(3) Criteria.--Criteria for acquisition and floodproofing
shall be developed by the Oversight Committee.
(c) Structures in the Passaic River Basin.--
(1) To the 50-year floodplain.--
(A) In general.--The Secretary shall floodproof
structures in the floodplain of the Central Passaic
River basin to the 50-year floodplain in areas of high
risk.
(B) Cost share.--Funding of floodproofing under
subparagraph (A) shall be shared 55 percent Federal, 20
percent State, and 25 percent property owner.
(2) Remainder.--In the remainder of the floodplain to the
100-year protective flood elevation, the Secretary, in
cooperation with the State of New Jersey, shall provide
information on techniques to deal with flood management.
(d) Wetlands.--
(1) In general.--The Secretary shall acquire--
(A) wetlands in the floodways throughout the Great
Piece Meadows of the Central Passaic River basin to
supplement the wetlands acquisition (approximately
5,369 acres) authorized under section 101(a)(18)(C)(vi)
of the Water Resources Development Act of 1990 (104
Stat. 4609); and
(B) upland transition areas with significant
wildlife or other natural values.
(2) Management.--The Secretary shall transfer the wetlands
and transition areas to the United States Fish and Wildlife
Service, or an appropriate State agency, which shall manage the
wetlands and transition areas in accordance with proper
wetlands management principles so as to ensure the ecological
integrity of the wetlands and transition areas as wildlife
habitat and important components of the hydrological cycle of
the Passaic River basin.
(e) Strategic Land.--
(1) In general.--The Secretary shall acquire strategic land
in the State of New Jersey and the State of New York to prevent
flooding.
(2) Emphasis.--In carrying out paragraph (1), the Secretary
shall emphasize land acquisition in the Highlands Province.
(3) Cooperation.--The Secretary shall carry out this
subsection in cooperation with the Palisades Interstate Park
Commission, the State of New Jersey, the State of New York, and
other Federal agencies (including the Forest Service, the
United States Fish and Wildlife Service, and the National Park
Service).
(f) Molly Ann's Brook.--The Secretary shall acquire land to prevent
flooding from increasing in--
(1) the High Mountain area in Wayne, New Jersey; and
(2) the urban area of the Molly Ann's Brook project in
North Haledon, New Jersey.
(g) Passaic River Restoration Project.--
(1) In general.--The Secretary shall complete the Passaic
River Restoration Project from Little Falls to Newark Bay, New
Jersey.
(2) Riparian land and parkland development.--In cooperation
with the Passaic River Restoration Steering Committee, the
Secretary shall undertake acquisition of riparian land and
parkland development and redevelopment in the Passaic River
basin.
(3) Urban space.--The Secretary shall acquire parcels of
urban space, such as Hilltop in Essex County, New Jersey.
(h) Streambank Restoration.--The Secretary shall complete the
streambank restoration element of the project for flood control,
Passaic River Main Stem, New Jersey and New York, authorized by section
101(a)(18)(B) of the Water Resources Development Act of 1990 (104 Stat.
4608), known as the ``Joseph G. Minish Passaic River Waterfront Park
and Historic Area, New Jersey''.
(i) Remedial Actions.--The Administrator of the Environmental
Protection Agency shall assist the Passaic Valley Sewerage
Commissioners in the implementation of remedial actions for the
combined sewer overflows in the lower Passaic River Basin from the
Great Falls to Newark Bay.
(j) Oversight Committee.--
(1) Establishment.--There is established a committee to be
known as the ``Oversight Committee'' for the implementation of
the preferred alternative.
(2) Membership.--The Oversight Committee shall be composed
of 14 members, appointed as follows:
(A) Corps of engineers.--The Secretary of the Army
shall appoint 1 member to represent the Corps of
Engineers.
(B) Appointments by the governor of new jersey.--
The Governor of New Jersey shall appoint 12 members, as
follows:
(i) 2 representatives of the New Jersey
legislature who are members of different
political parties.
(ii) 1 representative of the State of New
Jersey.
(iii) 2 representatives of county
government.
(iv) 2 representatives of local government.
(v) 1 representative of the Palisades
Interstate Park Commission.
(vi) 1 representative of the North Jersey
District Water Supply Commission.
(vii) 1 representative of each of--
(I) the Association of New Jersey
Environmental Commissions;
(II) the Passaic River Coalition;
and
(III) the Sierra Club.
(C) Appointment by the governor of new york.--The
Governor of New York shall appoint a representative of
the State of New York.
(3) Duties.--
(A) In general.--The Oversight Committee shall--
(i) supervise, review, and make
recommendations on all elements of the
preferred alternative; and
(ii) provide guidance on appropriations for
the efficient implementation of the project.
(B) Primary considerations.--The Oversight
Committee shall primarily consider flood management
projects that are nonstructural and that maintain and
restore the ecological integrity of the river systems.
(4) Meetings.--The Oversight Committee shall hold meetings
regularly.
(5) Termination.--The Oversight Committee shall terminate
on the date on which the preferred alternative project is
completed.
(6) Reporting.--The Oversight Committee shall annually
submit to the Governor of the State of New Jersey, the Governor
of the State of New York, and Congress a report describing the
achievements of the project and any impediments to completion
of the project.
(7) Assistance.--The Secretary, in cooperation with the
State of New Jersey, shall--
(A) cooperate with the Oversight Committee;
(B) provide administrative and technical assistance
to the Oversight Committee; and
(C) respond to all requests and recommendations
made by the Oversight Committee in a cooperative manner
so as to expedite and complete the preferred
alternative.
(k) Preferred Alternative.--Congress--
(1) finds that the preferred alternative is the most
appropriate solution to flooding in the Passaic River basin;
and
(2) directs that the preferred alternative shall be
implemented immediately.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) Floodway.--
(1) In general.--There is authorized to be appropriated
$45,000,000 to begin the Federal portion of the buyout of
floodway structures authorized by section 301(b)(10) of the
Water Resources Development Act of 1996 (110 Stat. 3710).
(2) Cost share.--The $15,000,000 made available by the
State of New Jersey for the Blue Acres portion of the Green
Acres Bond Act of 1995, approved by the voters of the State of
New Jersey, shall constitute the 25 percent non-Federal cost
share.
(b) Acquisition of Freshwater Wetlands; Floodproofing.--There are
authorized to be appropriated--
(1) $3,000,000 for the acquisition of freshwater wetlands
in the floodplains within the Passaic River basin; and
(2) $10,000,000 for the floodproofing of structures in the
floodplains within the Passaic River basin.
(c) Acquisition of Land in the Highland Province.--
(1) Total authorization.--There are authorized to be
appropriated--
(A) $400,000,000 for the acquisition of land in the
Highlands Province to reduce flooding in the Passaic
River basin in New Jersey; and
(B) $75,000,000 for the acquisition of land in the
Highlands Province to reduce flooding in the Passaic
River basin in New York.
(2) Annual authorization.--Of the amounts authorized by
paragraph (1)--
(A) there is authorized to be appropriated
$40,000,000 for each fiscal year for acquisition of
land in the State of New Jersey; and
(B) there is authorized to be appropriated
$25,000,000 for each fiscal year for acquisition of
land in the State of New York.
(d) Parkland.--There is authorized to be appropriated $300,000,000
for the acquisition of land and the development and redevelopment of
parkland along the Passaic River from Little Falls to Newark Bay,
Kearny, of which $30,000,000 shall be made available for each fiscal
year for the State of New Jersey.
(e) Joseph G. Minish Passaic River Waterfront Park and Historic
Area.--
(1) In general.--There is authorized to be appropriated
$75,000,000 for the completion of the Joseph G. Minish Passaic
River Waterfront Park and Historic Area, New Jersey.
(2) Cost share.--The Federal share of the cost of the
project described in paragraph (1) shall be 100 percent.
(f) Preferred Alternative.--
(1) In general.--There are authorized to be appropriated--
(A) $1,100,000 for each fiscal year for the
implementation of the preferred alternative and
administration of the Oversight Committee; and
(B) $5,000,000 for the acquisition of land at High
Mountain.
(2) Project budget.--
(A) In general.--For the combined sewer project in
the lower Passaic River basin, a project budget shall
be established of $85,000,000, of which $65,000,000
shall be the Federal share.
(B) Authorization of appropriations.--There are
authorized to be appropriated, for the purpose of
making a grant to the Passaic Valley Sewerage
Commission--
(i) for fiscal year 1999, $22,000,000;
(ii) for fiscal year 2000, $22,000,000; and
(iii) for fiscal year 2001, $21,000,000. | Directs the Secretary of the Army to acquire, demolish, and remove structures in the floodway of the Central Passaic River basin (the basin) where excessive damage has occurred in at least two floods.
Requires that: (1) the floodway land in the basin be stabilized as part of the ecological restoration program under the Water Resources Development Act of 1990 (WRDA) and, where appropriate, wetlands be created; (2) after the land is vacated, it be held in perpetuity by the most appropriate Federal or State agency, as determined by the Oversight Committee (created by this Act), and be managed as open space; (3) this section be carried out in conformance with New Jersey's Blue Acres Program; and (4) crediting of land acquisition for the non-Federal cost share remain in effect in accordance with WRDA.
Directs the Secretary to: (1) acquire, demolish, and remove additional structures, or floodproof structures, to the ten-year floodplain in the floodway of the basin in areas where excessive damage has occurred in at least two floods; (2) floodproof structures in the floodplain of the basin to the 50-year floodplain in areas of high risk, at a 55 percent Federal, 20 percent State, and 25 percent property owner cost share; (3) provide information on techniques to deal with flood management in the remainder of the floodplain to the 100-year protective flood elevation; (4) acquire wetlands in the floodways throughout the Great Piece Meadows of the basin, to supplement the wetlands acquisition authorized under WRDA, and upland transition areas with significant wildlife or other natural values; (5) transfer the wetlands and transition areas to the United States Fish and Wildlife Service, or an appropriate State agency, which shall manage the wetlands and transition areas in accordance with proper wetlands management principles; (6) acquire strategic land in New Jersey and New York to prevent flooding and to prevent flooding from increasing in the High Mountain area in Wayne, New Jersey, and the urban area of the Molly Ann's Brook project in North Haledon, New Jersey; (7) complete the Passaic River Restoration Project from Little Falls to Newark Bay, New Jersey; and (8) complete the streambank restoration element of the project for flood control, Passaic River Main Stem, New Jersey and New York (the Project), authorized by WRDA, known as the Joseph G. Minish Passaic River Waterfront Park and Historic Area, New Jersey (Minish Park).
Requires the Administrator of the Environmental Protection Agency to assist the Passaic Valley Sewerage Commissioners in the implementation of remedial actions for the combined sewer overflows in the lower Passaic River Basin from Great Falls to Newark Bay.
Establishes the Oversight Committee.
Finds that the most appropriate solution to flooding in the Passaic River basin is the "preferred alternative" (a qualified acquisition and hazard mitigation plan for the Project). Directs that such alternative be implemented immediately.
(Sec. 4) Authorizes appropriations to begin the Federal portion of a buyout of floodway structures authorized by WRDA. Directs that $15 million made available by New Jersey for the Blue Acres portion of the Green Acres Bond Act of 1995, approved by New Jersey voters, constitute the 25 percent non-Federal cost share.
Authorizes appropriations for: (1) acquisition of freshwater wetlands, and for floodproofing of structures, in the floodplains within the Passaic River basin; (2) acquisition of land in the Highlands Province to reduce flooding in the Passaic River basin in New Jersey and New York; (3) acquisition of land and the development and redevelopment of parkland along the Passaic River from Little Falls to Newark Bay, Kearny; (4) completion of the Minish Park, at a 100 percent Federal cost share; (5) implementation, each fiscal year, of the preferred alternative and administration of the Oversight Committee; and (6) acquisition of land at High Mountain.
Directs that, for the combined sewer project in the lower Passaic River basin, a project budget be established of $85 million, with a $65 million Federal share. Authorizes appropriations for the purpose of making a grant to the Passaic Valley Sewerage Commission for FY 1999 through 2001. | A bill to enact the Passaic River Basin Flood Management Program. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Fence Restoration Act of
2015''.
SEC. 2. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER.
(a) Fencing.--Paragraph (1) of section 102(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) is amended--
(1) in subparagraph (A), by inserting ``, not later than
December 31, 2017,'' before ``construct'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``370 miles, or
other mileage determined by the Secretary, whose
authority to determine other mileage shall expire on
December 31, 2008,'' and inserting ``areas''; and
(B) in clause (ii), by striking ``2008'' and
inserting ``2017''; and
(3) by striking subparagraph (D).
(b) Operational Control.--Subsection (a) of section 2 of the Secure
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) is amended,
in the matter preceding paragraph (1)--
(1) by striking ``18 months after the date of the enactment
of this Act,'' and inserting ``December 31, 2017,''; and
(2) by inserting ``, in consultation with State and local
officials along the international border between the United
States and Mexico, including governors of border States, mayors
of border towns and cities, and border sheriffs,'' before
``shall''.
SEC. 3. PROHIBITION ON ACTIONS THAT IMPEDE BORDER SECURITY ON CERTAIN
FEDERAL LAND.
(a) Short Title.--This section may be cited as the ``National
Security and Federal Lands Protection Act''.
(b) Prohibition on Secretaries of the Interior and Agriculture.--
Neither the Secretary of the Interior or the Secretary of Agriculture
may impede, prohibit, or restrict activities of U.S. Customs and Border
Protection on Federal land located within 100 miles of an international
land border that is under the jurisdiction of the Secretary of the
Interior or the Secretary of Agriculture, as the case may be, to
execute search and rescue operations and to prevent all unlawful
entries into the United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and other
contraband through such border.
(c) Authorized Activities of U.S. Customs and Border Protection.--
U.S. Customs and Border Protection shall have immediate access to
Federal land within 100 miles of the international land border under
the jurisdiction of the Secretary of the Interior or the Secretary of
Agriculture for purposes of conducting the following activities on such
land that prevent all unlawful entries into the United States,
including entries by terrorists, other unlawful aliens, instruments of
terrorism, narcotics, or other contraband through such border:
(1) Construction and maintenance of roads.
(2) Construction and maintenance of barriers.
(3) Use of vehicles to patrol, apprehend, or rescue.
(4) Installation, maintenance, and operation of
communications and surveillance equipment and sensors.
(5) Deployment of temporary tactical infrastructure.
(d) Clarification Relating to Waiver Authority.--
(1) In general.--Notwithstanding any other provision of law
(including any termination date relating to the waiver referred
to in this subsection), the waiver by the Secretary of Homeland
Security on April 1, 2008, under section 102(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1103 note; Public Law 104-208) of the laws
referred to in paragraph (2) of this subsection with respect to
certain sections of the international border between the United
States and Mexico and between the United States and Canada
shall be considered to apply to all Federal land under the
jurisdiction of the Secretary of the Interior or the Secretary
of Agriculture within 100 miles of the international land
borders of the United States for the activities of U.S. Customs
and Border Protection specified in subsection (c) of this
section.
(2) Description of laws waived.--The laws referred to in
paragraph (1) are the Wilderness Act (16 U.S.C. 1131 et seq.),
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Historic Preservation Act (16 U.S.C. 470 et
seq.), Public Law 86-523 (16 U.S.C. 469 et seq.), the Act of
June 8, 1906 (commonly known as the ``Antiquities Act of
1906''; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act
(16 U.S.C. 1271 et seq.), the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C.
742a et seq.), the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7,
of title 5, United States Code (commonly known as the
``Administrative Procedure Act''), the National Park Service
Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act
of 1970 (Public Law 91-383) (16 U.S.C. 1a-1 et seq.), sections
401(7), 403, and 404 of the National Parks and Recreation Act
of 1978 (Public Law 95-625, 92 Stat. 3467), and the Arizona
Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law
101-628).
(e) Protection of Legal Uses.--This section may not be construed to
provide--
(1) authority to restrict legal uses, such as grazing,
hunting, mining, or public-use recreational and backcountry
airstrips on land under the jurisdiction of the Secretary of
the Interior or the Secretary of Agriculture; or
(2) any additional authority to restrict legal access to
such land.
(f) Effect on State and Private Land.--This Act shall--
(1) have no force or effect on State or private lands; and
(2) not provide authority on or access to State or private
lands.
(g) Tribal Sovereignty.--Nothing in this section supersedes,
replaces, negates, or diminishes treaties or other agreements between
the United States and Indian tribes. | Secure Fence Restoration Act of 2015 This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to construction of border fencing and road improvements to direct the Department of Homeland Security (DHS) to complete the required 700-mile southwest border fencing and priority-area fencing by December 31, 2017. The Secure Fence Act of 2006 is amended to direct DHS, in consultation with state and local officials along the U.S.-Mexico border, to achieve operational control over U.S. international land and maritime borders by December 31, 2017. National Security and Federal Lands Protection Act Neither the Department of the Interior nor the Department of Agriculture may prohibit or restrict U.S. Customs and Border Protection (CBP) activities on federal land under their respective jurisdictions within 100 miles of an international land border to: execute search and rescue operations; and prevent unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through such border. CBP shall have access to such lands to conduct: (1) road and barrier construction and maintenance, (2) vehicular patrols, (3) surveillance activities, and (4) deployment of temporary tactical infrastructure. | Secure Fence Restoration Act of 2015 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Online Ticket Sales Act of
2016'' or the ``BOTS Act of 2016''.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO
CIRCUMVENTION OF TICKET ACCESS CONTROL MEASURES.
(a) Conduct Prohibited.--
(1) In general.--Except as provided in paragraph (2), it shall
be unlawful for any person--
(A) to circumvent a security measure, access control
system, or other technological control or measure on an
Internet website or online service that is used by the ticket
issuer to enforce posted event ticket purchasing limits or to
maintain the integrity of posted online ticket purchasing order
rules; or
(B) to sell or offer to sell any event ticket in interstate
commerce obtained in violation of subparagraph (A) if the
person selling or offering to sell the ticket either--
(i) participated directly in or had the ability to
control the conduct in violation of subparagraph (A); or
(ii) knew or should have known that the event ticket
was acquired in violation of subparagraph (A).
(2) Exception.--It shall not be unlawful under this section for
a person to create or use any computer software or system--
(A) to investigate, or further the enforcement or defense,
of any alleged violation of this section or other statute or
regulation; or
(B) to engage in research necessary to identify and analyze
flaws and vulnerabilities of measures, systems, or controls
described in paragraph (1)(A), if these research activities are
conducted to advance the state of knowledge in the field of
computer system security or to assist in the development of
computer security product.
(b) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule defining
an unfair or a deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Commission shall enforce this section
in the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable terms
and provisions of the Federal Trade Commission Act (15 U.S.C.
41 et seq.) were incorporated into and made a part of this
section.
(B) Privileges and immunities.--Any person who violates
subsection (a) shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Authority preserved.--Nothing in this section shall be
construed to limit the authority of the Federal Trade
Commission under any other provision of law.
(c) Enforcement by States.--
(1) In general.--In any case in which the attorney general of a
State has reason to believe that an interest of the residents of
the State has been or is threatened or adversely affected by the
engagement of any person subject to subsection (a) in a practice
that violates such subsection, the attorney general of the State
may, as parens patriae, bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States--
(A) to enjoin further violation of such subsection by such
person;
(B) to compel compliance with such subsection; and
(C) to obtain damages, restitution, or other compensation
on behalf of such residents.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in clause (iii),
the attorney general of a State shall notify the Commission
in writing that the attorney general intends to bring a
civil action under paragraph (1) not later than 10 days
before initiating the civil action.
(ii) Contents.--The notification required by clause (i)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate the civil action.
(iii) Exception.--If it is not feasible for the
attorney general of a State to provide the notification
required by clause (i) before initiating a civil action
under paragraph (1), the attorney general shall notify the
Commission immediately upon instituting the civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought by the
attorney general of a State under paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising in the civil
action; and
(II) file petitions for appeal of a decision in the
civil action.
(3) Investigatory powers.--Nothing in this subsection may be
construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the laws
of the State to conduct investigations, to administer oaths or
affirmations, or to compel the attendance of witnesses or the
production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Commission institutes a civil action or an administrative action
with respect to a violation of subsection (a), the attorney general
of a State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in the
complaint of the Commission for the violation with respect to which
the Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1) may be
brought in--
(i) the district court of the United States that meets
applicable requirements relating to venue under section
1391 of title 28, United States Code; or
(ii) another court of competent jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in which
the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions brought by
attorneys general under paragraph (1), any other consumer
protection officer of a State who is authorized by the State to
do so may bring a civil action under paragraph (1), subject to
the same requirements and limitations that apply under this
subsection to civil actions brought by attorneys general.
(B) Savings provision.--Nothing in this subsection may be
construed to prohibit an authorized official of a State from
initiating or continuing any proceeding in a court of the State
for a violation of any civil or criminal law of the State.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Event.--The term ``event'' means any concert, theatrical
performance, sporting event, show, or similarly scheduled activity,
taking place in a venue with a seating or attendance capacity
exceeding 200 persons that--
(A) is open to the general public; and
(B) is promoted, advertised, or marketed in interstate
commerce or for which event tickets are generally sold or
distributed in interstate commerce.
(3) Event ticket.--The term ``event ticket'' means any
physical, electronic, or other form of a certificate, document,
voucher, token, or other evidence indicating that the bearer,
possessor, or person entitled to possession through purchase or
otherwise has--
(A) a right, privilege, or license to enter an event venue
or occupy a particular seat or area in an event venue with
respect to one or more events; or
(B) an entitlement to purchase such a right, privilege, or
license with respect to one or more future events.
(4) Ticket issuer.--The term ``ticket issuer'' means any person
who makes event tickets available, directly or indirectly, to the
general public, and may include--
(A) the operator of the venue;
(B) the sponsor or promoter of an event;
(C) a sports team participating in an event or a league
whose teams are participating in an event;
(D) a theater company, musical group, or similar
participant in an event; and
(E) an agent for any such person.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was reported to the Senate on September 27, 2016. Better Online Ticket Sales Act of 2016 or the BOTS Act of 2016 (Sec. 2) This bill prohibits the circumvention of a security measure, access control system, or other technological measure on an Internet website or online service of a ticket issuer that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules for a public event with an attendance capacity exceeding 200 persons. The bill also prohibits the sale of or offers to sell an event ticket in interstate commerce obtained through such a circumvention violation if the seller participated in, had the ability to control, or should have known about the violation. It shall not be unlawful, however, to create or use software or systems to: (1) investigate, or further the enforcement or defense of, alleged violations; or (2) identify and analyze flaws and vulnerabilities of security measures to advance the state of knowledge in the field of computer system security or to assist in the development of computer security products. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill provides authority to the Federal Trade Commission and states to enforce against such violations. | BOTS Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pinyon-Juniper Related Projects
Implementation Act''.
SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS.
(a) Availability of Special Account Under Lincoln County Land Act
of 2000.--Section 5(b) of the Lincoln County Land Act of 2000 (Public
Law 106-298; 114 Stat. 1048), is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``and
implementation'' after ``development''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``; and'' at
the end and inserting a semicolon;
(ii) in clause (ii), by striking ``; and''
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(iii) planning, permitting, administration,
implementation, and monitoring of pinyon-juniper
dominated landscape restoration projects within Lincoln
County, consistent with the Ely Resource Management
Plan; and
``(iv) completing compliance activities under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), related mitigation plans, and
archeological research and resource inventory in
compliance with the National Historic Preservation Act
(16 U.S.C. 470 et seq.), the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et
seq.), and Public Law 95-341 (commonly known as the
`American Indian Religious Freedom Act') (42 U.S.C.
1996) for areas of proposed land use authorizations and
rights-of-way required for development of land conveyed
pursuant to this Act and the Lincoln County
Conservation, Recreation, and Development Act of 2004
(Public Law 108-424; 118 Stat. 2403) and as required
for authorization of leases, rights-of-way, and
development within the Bureau of Land Management-
designated Dry Lake Valley North Solar Energy Zone;
and''; and
(2) by adding at the end the following:
``(3) Waiver of fees.--Processing of applications for
rights-of-way submitted by a local government or regional
government to serve land conveyed pursuant to this Act shall
not require payment of cost recovery fees or payment of
contributed funds.
``(4) Cooperative agreements.--Establishment and funding of
cooperative agreements between the Bureau of Land Management
and Lincoln County, Nevada, shall be required for County-
provided law enforcement and planning related activities
regarding--
``(A) wilderness in Lincoln County, Nevada,
designated by the Lincoln County Conservation,
Recreation, and Development Act of 2004 (Public Law
108-424; 118 Stat. 2403);
``(B) cultural resources identified, protected, and
managed pursuant to that Act;
``(C) planning, management, and law enforcement
associated with the Silver State OHV Trail designated
by that Act; and
``(D) planning associated with land disposal and
related land use authorizations required for utility
corridors and rights of way to serve land that has
been, or is to be, disposed of pursuant to that Act and
this Act.''.
(b) Availability of Special Account Under Lincoln County
Conservation, Recreation, and Development Act of 2004.--Section 103 of
the Lincoln County Conservation, Recreation, and Development Act of
2004 (Public Law 108-424; 118 Stat. 2406) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (E), by striking ``; and'' at
the end and inserting a semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting a semicolon;
(C) by adding at the end the following:
``(G) planning, permitting, administration,
implementation, and monitoring of pinyon-juniper
dominated landscape restoration projects within Lincoln
County, consistent with the Ely Resource Management
Plan; and
``(H) completing compliance activities under the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), related mitigation plans, and
archeological research and resource inventory in
compliance with the National Historic Preservation Act
(16 U.S.C. 470 et seq.), the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et
seq.), and Public Law 95-341 (commonly known as the
`American Indian Religious Freedom Act') (42 U.S.C.
1996) for areas of proposed land use authorizations and
rights-of-way required for development of land conveyed
pursuant to this Act and the Lincoln County Land Act of
2000 (Public Law 106-298; 114 Stat. 1046) and as
required for authorization of leases, rights-of-way,
and development within the Bureau of Land Management-
designated Dry Lake Valley North Solar Energy Zone.'';
and
(2) by adding at the end the following:
``(d) Waiver of Fees.--Processing of applications for rights-of-way
submitted by a local government or regional government to serve lands
conveyed pursuant to this Act shall not require payment of cost
recovery fees or payment of contributed funds.
``(e) Cooperative Agreements.--Establishment and funding of
cooperative agreements between the Bureau of Land Management and
Lincoln County, Nevada, shall be required for County-provided law
enforcement and planning related activities regarding--
``(1) wilderness in Lincoln County, Nevada, designated by
this Act;
``(2) cultural resources identified, protected, and managed
pursuant to this Act;
``(3) planning, management, and law enforcement associated
with the Silver State OHV Trail designated by this Act; and
``(4) planning associated with land disposal and related
land use authorizations required for utility corridors and
rights of way to serve land that has been, or is to be,
disposed of pursuant to this Act and the Lincoln County Land
Act of 2000 (Public Law 106-298; 114 Stat. 1046).''.
SEC. 3. DISPOSITION OF PROCEEDS.
(a) Disposition of Proceeds Under Lincoln County Land Act of
2000.--Section 5(a)(2) of the Lincoln County Land Act of 2000 (Public
Law 106-298; 114 Stat. 1047) is amended by inserting ``and economic
development'' after ``schools''.
(b) Disposition of Proceeds Under Lincoln County Conservation,
Recreation, and Development Act of 2004.--Section 103(b)(2) of the
Lincoln County Conservation, Recreation, and Development Act of 2004
(Public Law 108-424; 118 Stat. 2405) is amended by striking ``and
transportation'' and inserting ``transportation, and economic
development''.
SEC. 4. CERTAIN LAND IN UTILITY CORRIDOR NOT WITHDRAWN.
Section 301(c) of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2413) is amended
in the matter preceding paragraph (1) by inserting ``(other than land
in the corridor located in sections 7, 8, 9, 10, and 15, T. 7 N., R. 68
E.)'' after ``subsection (a)''. | Pinyon-Juniper Related Projects Implementation Act - Amends the Lincoln County Land Act of 2000 (the Act) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Amends the Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 to make certain amounts available for: (1) pinyon-juniper dominated landscape restoration projects within the county, consistent with the Ely Resource Management Plan; and (2) completing specified plans and activities. Declares that establishment and funding of cooperative agreements between the BLM and Lincoln County shall be required for certain county-provided law enforcement and planning related activities. Requires the use of a portion of proceeds from land sales under both Acts for economic development in Lincoln County. Excludes specified public land within certain utility corridors in Lincoln and Clark Counties, Nevada, from being withdrawn from public land, mining, and mineral leasing and geothermal leasing laws. | Pinyon-Juniper Related Projects Implementation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flexibility for Champion Schools
Act''.
SEC. 2. STATE WAIVERS.
Section 1111(b)(2) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the
following:
``(L) Waivers.--
``(i) In general.--The Secretary shall
grant each State that meets the requirements of
clause (ii) a waiver of all provisions of this
Act related to adequate yearly progress.
``(ii) Requirements.--The requirements
referred to in clause (i) are as follows:
``(I) The State establishes
academic content standards in reading,
writing, and mathematics, and tests in
such subjects--
``(aa) in reading and
mathematics, in grades 3
through 8 and at least once in
secondary school; and
``(bb) in writing, at least
once in elementary school,
middle school, and secondary
school.
``(II) The State establishes
academic content standards in the
categories of science, and United
States history and civics, and tests at
least once in each such category in
elementary school, middle school, and
secondary school.
``(III) The State makes available
to the public the results of all such
testing, in the aggregate and
disaggregated by groups of students, as
determined under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965
(except in a case in which the number
of students in a group is insufficient
to yield statistically reliable
information or the results would reveal
personally identifiable information
about an individual student), for--
``(aa) each local
educational agency located
within the State; and
``(bb) each elementary
school, middle school, and
secondary school served by such
local educational agency.
``(IV) The State sets pass-rate
goals on such tests that each school
and local educational agency shall
meet. These goals shall be determined
by the State educational agency and
shall not be subject to change or
modification by the Department as part
of the process of granting a waiver
under this subparagraph.
``(V) The State shall determine the
conditions under which students with
disabilities and students who are
limited English proficient take State
tests or alternative assessments. Such
determinations by the State shall
comply with the Individuals with
Disabilities Education Act (20 U.S.C.
1400 et seq.).
``(VI) The State holds schools and
local educational agencies accountable
for meeting its pass-rate goals. The
State shall take actions to address
achievement gaps on State tests
affecting groups of students, as
determined under section
1111(b)(2)(C)(v)(II) of the Elementary
and Secondary Education Act of 1965.
The State shall determine the
consequences for schools and local
educational agencies that fail to meet
the pass-rate goals set by the State,
and the State's determination of
consequences shall not be subject to
change or modification by the
Department as part of the process of
granting a waiver under this
subparagraph.
``(VII) The State shall determine
goals for secondary school graduation
rates and a State's determination of
the State's goals and the types of
diplomas the State issues shall not be
reviewable by the Department.''. | Flexibility for Champion Schools Act - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA), to direct the Secretary of Education to grant to any State a waiver of all ESEA provisions related to adequate yearly progress (AYP) if that State: (1) establishes academic content standards and tests in specified subjects at specified grades; (2) makes available to the public all such testing results, in the aggregate and disaggregated by certain groups of students, for each local educational agency (LEA) and school; (3) sets pass-rate goals for each LEA and school; (4) determines conditions under which students with disabilities and limited-English-proficient students take State tests or alternative assessments, provided this complies with the Individuals with Disabilities Education Act (IDEA); (5) holds LEAs and schools accountable for meeting pass-rate goals, including determining consequences for schools and LEAs that fail to meet such goals, and addresses achievement gaps on State tests affecting certain groups of students; and (6) determines goals for secondary school graduation rates. | A bill to provide States that meet certain requirements with waivers of the adequate yearly progress provisions of the Elementary and Secondary Education Act of 1965. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2002''.
SEC. 2. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Definitions
``Sec. 235. (a) For purposes of this section--
``(1) The term `qualifying month' means, in connection with
an individual, a month during which such individual was engaged
for not less than 80 hours in providing care to a dependent
relative without monetary compensation. Such term does not
include any month ending after the date on which such
individual attains retirement age (as defined in section
216(l)).
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner) who is under the age of 12, or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a parent, aunt, or uncle (of such individual
or his or her spouse or domestic partner), or such
individual's spouse or domestic partner, if such child,
grandchild, niece, nephew, parent, aunt, uncle, spouse,
or domestic partner is a chronically dependent
individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least 2 of the activities of
daily living (described in subparagraph (B)), and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) are the following:
``(i) Eating.
``(ii) Bathing.
``(iii) Dressing.
``(iv) Toileting.
``(v) Transferring in and out of a bed or in and
out of a chair.
``Deemed Wages of Caregiver
``(b)(1)(A) For purposes of determining entitlement to and the
amount of any monthly benefit for any month after December 2002, or
entitlement to and the amount of any lump-sum death payment in the case
of a death after such month, payable under this title on the basis of
the wages and self-employment income of any individual, and for
purposes of section 216(i)(3), such individual shall be deemed to have
been paid during each qualifying month (in addition to wages or self-
employment income actually paid to or derived by such individual during
such month) at an amount per month equal to the excess (if any) of--
``(i) 50 percent of the average amount of wages and self-
employment income otherwise credited to individuals for such
month under this title, over
``(ii) the amount of wages and self-employment income
actually paid to or derived by such individual for such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``Citizenship and Residency Requirements
``(c)(1) A qualifying month shall not be taken into account under
this section with respect to any individual unless such individual--
``(A) is throughout the qualifying month a resident of the
United States (as defined in paragraph (2)), and
``(B)(i) is throughout the qualifying month a citizen of
the United States or an alien lawfully admitted for permanent
residence, and
``(ii) in the case of an individual who was not a citizen
of the United States throughout the qualifying month, has
resided in the United States (as defined in subsection 210(i))
continuously during the 5 years immediately preceding the
qualifying month.
``(2) For purposes of paragraph (1)(A), the term `United States'
means the 50 States and the District of Columbia.
``Identification Requirements
``(d) A qualifying month shall not be taken into account under this
section with respect to an individual unless such individual provides
the Commissioner of Social Security with the name and social security
account number of the dependent relative with respect to whom the
individual was engaged in providing care during such month, and other
information as the Commissioner may require to verify the status of the
dependent relative, on whatever application may be required to obtain
benefits under this section.
``Annual Reimbursement of Federal Old-Age and Survivors Insurance Trust
Fund
``(e) There are authorized to be appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund for the fiscal year ending
September 30, 2003, and for each fiscal year thereafter, such sums as
the Commissioner of Social Security deems necessary on account of--
``(1) payments made under this section during the second
preceding fiscal year and all fiscal years prior thereto to
individuals entitled to benefits under this section,
``(2) the additional administrative expenses resulting from
the payments described in paragraph (1), and
``(3) any loss in interest to such Trust Fund resulting
from such payments and expenses,
in order to place such Trust Fund in the same position at the end of
such fiscal year as it would have been in if such payments had not been
made.''. | Social Security Caregiver Credit Act of 2002 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Deems such an individual to have been paid (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. Makes this Act inapplicable in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application. | To amend title II of the Social Security Act to credit prospectively individuals serving as caregivers of dependent relatives with deemed wages for up to five years of such service. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Enhancement Act of
2011''.
SEC. 2. PROGRAM OF OUTREACH TO VETERANS.
(a) Program Required.--The Secretary of Veterans Affairs shall
establish a program of outreach to veterans for the purpose described
in subsection (b).
(b) Purpose.--The purpose described in this subsection is to
increase the following:
(1) The access and use by veterans of Federal, State, and
local programs providing compensation and other benefits for
service in the Armed Forces.
(2) Awareness of such programs by veterans and their
eligibility for such programs.
(c) Duration.--The program required by subsection (a) shall be
carried out during the five-year period beginning on the date of the
enactment of this Act.
(d) Agreements To Carry Out Projects and Activities.--
(1) Agreements with federal and state agencies.--In
carrying out the program required by subsection (a), the
Secretary of Veterans Affairs may enter into agreements with
other Federal and State agencies to carry out projects under
the jurisdiction of such agencies to further the purpose
described in subsection (b).
(2) Agreements with applicable authorities and
commissions.--In carrying out the program required by
subsection (a), the Secretary may enter into agreements with
applicable authorities and commissions to provide technical
assistance, award grants, enter into contracts, or otherwise
provide amounts to persons or entities for projects and
activities that--
(A) increase outreach to, awareness by, and use by
veterans of programs described in subsection (b)(1);
(B) provide incentives for State and local
governments and veterans service organizations to
assist veterans in utilizing facilities and resources
available to veterans through the Department of
Veterans Affairs;
(C) provide incentives for State and local
governments and veterans service organizations to
assist veterans in utilizing resources available
through government and veterans service organizations
for veterans;
(D) educate communities and State and local
governments about the employment rights of veterans,
including the employment and reemployment of members of
the uniformed services under chapter 43 of title 38,
United States Code;
(E) provide technical assistance to businesses
owned by veterans; and
(F) encourage and assist nonprofit organizations,
businesses, and institutions of higher education to
carry out programs of assistance designed for veterans.
(3) Applicable authorities and commissions.--For purposes
of the program required by subsection (a), the applicable
authorities and commissions are the following:
(A) The Appalachian Regional Commission,
established under section 14301(a) of title 40, United
States Code.
(B) The Delta Regional Authority, established under
section 382B(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-1(a)).
(C) The Denali Commission, established under
section 303 of the Denali Commission Act of 1998 (42
U.S.C. 3121 note).
(D) The Northern Great Plains Regional Authority,
established under section 383B(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009bb-1(a)).
(E) The Southeast Crescent Regional Commission, the
Southwest Border Regional Commission, and the Northern
Border Regional Commission established under section
15301(a) of title 40, United States Code.
(F) Entities described in subparagraph (G) that
serve Native Americans, Alaska Natives, or native
Hawaiians (as such terms are defined in section 3765 of
title 38, United States Code).
(G) Commissions and development boards that are--
(i) not chartered by the Federal
Government;
(ii) selected by the Secretary for purposes
of the program; and
(iii) located in areas that present
extraordinary challenges to veterans, as
determined by the Secretary, including the
following:
(I) Areas in severe economic
distress.
(II) Areas with underdeveloped
infrastructure.
(III) Areas with unusual geographic
characteristics, such as separation
from the mainland.
(e) Information, Advice, and Technical Assistance.--In carrying out
the program required by subsection (a), the Secretary of Veterans
Affairs may provide, or contract with public or private organizations
to provide, information, advice, and technical assistance to nonprofit
organizations that provide services to communities in order to increase
the number of veterans receiving such services.
(f) Coordination With Previously Authorized Pilot Program on Use of
Community-Based Organizations and Local and State Government Entities
for Outreach.--The Secretary may carry out the program required by
subsection (a) in coordination with the pilot program required by
section 506(a) of the Caregivers and Veterans Omnibus Health Services
Act of 2010 (Public Law 111-163; 124 Stat. 1160; 38 U.S.C. 523 note).
(g) Report on Outreach Activities of Department of Veterans
Affairs.--
(1) In general.--Not later than four years after the date
of the enactment of this Act, the Secretary shall submit to
Congress a comprehensive report on the activities of the
Department of Veterans Affairs regarding outreach to veterans.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A description of all of the activities of the
Department regarding outreach to veterans carried out
since the date of the enactment of this Act, including
the activities of the Department carried out under the
program required by subsection (a).
(B) An assessment of the effectiveness of the
activities described in subparagraph (A).
(h) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means any organization
recognized by the Secretary of Veterans Affairs for the representation
of veterans under section 5902 of title 38, United States Code.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program required by subsection (a)--
(1) $7,000,000 for fiscal year 2011; and
(2) $35,000,000 for the period of fiscal years 2012 through
2016. | Veterans Outreach Enhancement Act of 2011 - Directs the Secretary of Veterans Affairs (VA) to carry out a five-year program of outreach to veterans to increase: (1) their access and use of federal, state, and local programs providing compensation and other benefits for service in the Armed Forces; and (2) their awareness of and eligibility for such programs. Allows the Secretary, under the program, to enter into agreements with other federal and state agencies and specified authorities and commissions to carry out projects to further such purposes. | A bill to require the Secretary of Veterans Affairs to carry out a program of outreach to veterans, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assistance to Firefighters Grant
Reauthorization Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there are 1,100,000 firefighters serving in over 30,000
fire departments in the United States;
(2) fire departments responded to nearly 1,700,000 fires in
2002;
(3) every 19 seconds a fire department responds to a fire
somewhere in the United States;
(4) in 2003, 110 firefighters died in the line of duty;
(5) fires resulted in the deaths of 3,380 civilians in
2002;
(6) nationwide there is a civilian fire death every 156
minutes;
(7) in 2002, 18,425 people sustained injuries from fires;
(8) in 2002 there was an estimated $10,337,000,000 in
property damage caused by fires, including $6,055,000,000 worth
of property loss to residential properties;
(9) for communities with populations between 10,000 and
1,000,000, it is estimated that approximately \1/4\ of
emergency responders on a shift lack radios, and this
percentage increases as community size decreases;
(10) an estimated one-third of firefighters per shift are
not equipped with self-contained breathing apparatus (SCBA);
(11) nearly half of all self-contained breathing apparatus
units are at least 10 years old;
(12) nearly half of firefighters on a shift lack personal
alert system (PASS) devices;
(13) an estimated 57,000 firefighters lack personal
protective clothing;
(14) one-third of personal protective clothing is at least
10 years old;
(15) half of all fire engines are at least 15 years old;
(16) only one-fourth of fire departments have the ability
to communicate with Federal, State, and local partners;
(17) only one-fourth of fire departments have thermal
imaging cameras;
(18) only one fire department in 28 has mobile data
terminals;
(19) only one fire department in 50 has advanced personnel
location equipment;
(20) only one fire department in 23 has equipment to
collect chemical or biological samples;
(21) an estimated 42 percent of the population is protected
by fire departments that do not have a program for free
distribution of home smoke alarms;
(22) an estimated 48 percent of the population is protected
by fire departments that do not have a juvenile firesetter
program;
(23) an estimated 27 percent of the population is protected
by fire departments that do not have a fire safety education
program based on a national curriculum;
(24) only 11 percent of fire departments can respond to a
technical rescue involving emergency medical services at a
building collapse with local personnel, and nearly half of all
departments consider such an incident outside their scope;
(25) only 13 percent of fire departments can respond to a
hazmat incident involving emergency medical services with local
personnel, and two-fifths of all departments consider such an
incident outside their scope;
(26) only 26 percent of fire departments can respond to a
wildland/urban interface fire affecting 500 acres with local
personnel, and one-third of all departments consider such an
incident outside their scope; and
(27) only 12 percent of fire departments can handle
mitigation of a developing major flood with local personnel,
and a majority of fire departments consider such an incident
outside their scope.
SEC. 3. AMENDMENTS.
Section 33 of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229) is amended--
(1) by striking ``Director'' each place it appears and
inserting ``Administrator'';
(2) in subsection (b)(1)(A), by inserting ``and volunteer
emergency medical service squads'' after ``fire departments'';
(3) in subsection (b)(1)(B), by inserting ``and firefighter
safety research and development'' after ``fire prevention'';
(4) in subsection (b)(3)(F), by inserting ``and volunteer
emergency medical service squads that are not affiliated with a
fire department, hospital, or for-profit entity'' after ``fire
departments'';
(5) in subsection (b)(4)--
(A) by inserting ``and firefighter safety research
and development'' after ``prevention'' in the paragraph
heading;
(B) in subparagraph (A)(ii)--
(i) by inserting ``that are not fire
departments and'' after ``community
organizations'';
(ii) by inserting ``and firefighter
research and development programs,'' after
``fire safety programs and activities,''; and
(iii) by inserting ``and research to
improve firefighter health and life safety''
after ``fire prevention programs''; and
(C) in subparagraph (B), by striking ``to children
from fire'' and inserting ``to high risk groups from
fire, as well as research programs that demonstrate the
potential to improve firefighter safety'';
(6) in subsection (b)(6)--
(A) in subparagraph (A)--
(i) by striking ``subparagraph (B)'' and
inserting ``subparagraphs (B) and (C)''; and
(ii) by striking ``30 percent'' and
inserting ``20 percent''; and
(B) by inserting after subparagraph (B) the
following new subparagraph:
``(C) Fire prevention and firefighter safety
grants.--There shall be no matching requirement for a
grant described in paragraph (4)(A)(ii).'';
(7) in subsection (b)(10)--
(A) by amending subparagraph (A) to read as
follows:
``(A) Recipient limitations.--A grant recipient
under this section--
``(i) that serves a jurisdiction with
500,000 people or less may not receive grants
in excess of $1,000,000 for any fiscal year;
``(ii) that serves a jurisdiction with more
than 500,000 but not more than 1,000,000 people
may not receive grants in excess of $2,000,000
for any fiscal year; and
``(iii) that serves a jurisdiction with
more than 1,000,000 people may not receive
grants in excess of $3,000,000 for any fiscal
year.
The Administrator may award grants in excess of the
limitations provided in clause (i) or (ii) to a
recipient that serves a population close to the
relevant threshold, upon a showing of sufficient
need.'';
(B) by redesignating subparagraph (B) as
subparagraph (C);
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) Distribution.--Notwithstanding subparagraph
(A), no single recipient may receive more than one half
of one percent of the funds appropriated under this
section for a single fiscal year.''; and
(D) by adding at the end the following new
subparagraph:
``(D) Volunteer emergency medical service
limitation.--Not more than 4 percent of the funds
appropriated to provide grants under this section for a
fiscal year may be awarded to volunteer emergency
medical service squads.'';
(8) in subsection (b), by adding at the end the following
new paragraphs:
``(13) Annual meeting.--The Administrator shall convene an
annual meeting of non-Federal fire service experts, including
representatives from a wide range of fire service
organizations, to recommend criteria for awarding grants under
this section for the next fiscal year and recommend any
necessary administrative changes to the grant program.
``(14) Guidelines.--(A) Each year, prior to making any
grants under this section, the Administrator shall publish in
the Federal Register--
``(i) guidelines that describe the process for
applying for grants and the criteria for awarding
grants; and
``(ii) an explanation of any differences between
the guidelines and the recommendations made pursuant to
paragraph (1).
``(B) The criteria for awarding grants shall include the
extent to which the grant would enhance the daily operations of
a fire department and the impact of such a grant on the
protection of lives and property.
``(15) Peer review.--The Administrator shall, after
consultation with national fire service organizations, appoint
fire service personnel to conduct peer review of applications
received under paragraph (5). In making grants under this
section, the Administrator shall consider the results of such
peer review evaluations.
``(16) Protection of volunteers from discrimination.--A
fire department receiving funds provided under this section
shall not discriminate against, or prohibit its members from
engaging in, volunteer activities in another jurisdiction
during off-duty hours.''; and
(9) in subsection (e)(1), by striking ``2002 through 2004''
and inserting ``2005 through 2007''.
SEC. 4. REPORTS.
(a) Study on Need for Federal Assistance to State and Local
Communities to Fund Firefighting and Emergency Response Activities.--
The Administrator of the United States Fire Administration shall--
(1) reconduct the study required under section 1701(b) of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, in conjunction with the National Fire
Protection Association, to--
(A) define the current role and activities
associated with the fire services;
(B) analyze the extent to which grant awards
fulfill the goals of applicants; and
(C) provide a needs assessment to identify
shortfalls;
(2) express the needs assessment under subparagraph
(A)(iii) on a national and State-by-State basis; and
(3) measure the impact the Assistance to Firefighters Grant
program under section 33 of the Federal Fire Prevention and
Control Act of 1974 has had in meeting the shortfalls
identified in the original report conducted under such section
1701(b).
(b) Time for Completion of Study; Report.--The Administrator shall
complete the study under subsection (a), and submit a report on the
results of the study to Congress, not later than 18 months after the
date of the enactment of this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Fire Administration $300,000 for
fiscal year 2005 to carry out the study required by subsection (a). | Assistance to Firefighters Grant Reauthorization Act of 2004 - Amends the Federal Fire Prevention and Control Act of 1974 to modify provisions regarding firefighter assistance to make the Administrator of the United States Fire Administration (currently, the Director of the Federal Emergency Management Agency) responsible for such assistance. Authorizes the Administrator to make grants to volunteer emergency medical service squads and to provide assistance for firefighter safety research and development. Includes within authorized uses of grants the funding of such squads that are not affiliated with a fire department, hospital, or for-profit entity.
Makes specified funds available for research to improve firefighter health and life safety. Grants priority for certain earmarked funds to organizations that focus on prevention of injuries to high risk groups from fire, as well as research programs that demonstrate the potential to improve firefighter safety.
Allows the Administrator to provide assistance only if the applicant agrees to match with an equal amount of non-Federal funds 20 (currently 30) percent of the assistance received for any fiscal year. Modifies grant recipient limitations.
Directs the Administrator to: (1) convene an annual meeting of non-Federal fire service experts to recommend criteria for awarding grants and necessary administrative changes; (2) publish each year in the Federal Register guidelines that describe the grant application process and award criteria; (3) appoint fire service personnel to conduct peer review of applications; and (4) re-conduct a study to define the current role and activities associated with fire services. | To reauthorize the Assistance to Firefighters Grant program under section 33 of the Federal Fire Prevention and Control Act of 1974, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Health Care Claims,
Guidance, and Investigations Act''.
SEC. 2. RULES FOR ACTIONS UNDER FALSE CLAIMS PROVISIONS BASED ON CLAIMS
SUBMITTED UNDER CERTAIN HEALTH CARE PROGRAMS.
(a) In General.--Subchapter III of chapter 37 of title 31, United
States Code, is amended by adding at the end the following:
``Sec. 3734. Rules for certain actions based on health care claims
``(a) In General.--In the case of any action that is brought under
section 3730 and is based on a claim submitted with respect to a
Federal health care program, sections 3729 through 3733 shall apply
only to the extent that such sections are consistent with the
provisions of this section.
``(b) Investigations of False Claims to Federal Health Care
Programs.--
``(1) In general.--Before requesting any information from a
physician, hospital, or other provider or supplier of health
care services, by any formal or informal means, directly or in
cooperation with an investigating law enforcement agency, in
connection with an investigation reasonably expected to concern
10 or more claims submitted to a Federal health care program by
or on behalf of a single entity, the Attorney General shall
certify, in writing, that--
``(A) each agency responsible for promulgating
relevant regulations, guidelines, and billing
instructions, directly or through intermediaries, has
examined all regulations, guidelines, and billing
instructions relevant to the allegations, all
communications between the alleged perpetrator and the
agency and its intermediaries, and each of the
allegedly false claims;
``(B) in the view of the responsible agency
officials and the Attorney General, the allegations
under investigation are viable, and the relevant
regulations, guidelines and billing instructions were
unambiguous during the relevant time period; and
``(C) if proven to be true, the allegations are
appropriately pursued under section 3729.
``(2) If certification not made.--If the Attorney General
(or his or her designee) is unable to make the certifications
required under paragraph (1), and the allegations were included
in an action brought by a person under section 3730(b), the
Attorney General shall notify the court and the court shall
dismiss these allegations.
``(c) Actions if Amount of Damages Are Material Amount.--
Notwithstanding sections 3729 through 3733, no action may be brought
under section 3730 that is based on a claim submitted or an overpayment
retained with respect to a Federal health care program unless the
amount of damages alleged to have been sustained by the United States
Government with respect to such claim or overpayment is a material
amount.
``(d) Actions for Claims Submitted in Reliance on Official
Guidance.--Notwithstanding sections 3729 through 3733, no action may be
brought under section 3730 based on a claim submitted or an overpayment
retained with respect to a Federal health care program--
``(1) in good faith reliance on erroneous information
supplied by an agency (or an agent thereof) about matters of
fact at issue;
``(2) in good faith reliance on written statements of
Federal policy that affects the claim or overpayment that were
provided by a Federal agency (or an agent thereof); or
``(3) in good faith reliance on an audit or review by an
agency of the person submitting the claim or on whose behalf
the claim was submitted, or of the person retaining the
overpayment, in which no findings were made that the claim or
overpayment violated the regulations, guidelines, or
instructions applicable to the Federal health care program at
issue in the claim or overpayment.
``(e) Action for Claims Submitted by Persons in Substantial
Compliance With Model Compliance Plan.--Notwithstanding sections 3729
through 3733, no action may be brought under section 3730 based on a
claim submitted by or on behalf of a person, or an overpayment
retained, with respect to a Federal health care program if the claim is
submitted, or the overpayment retained, in substantial compliance with
a model compliance plan issued by the Secretary of Health and Human
Services with respect to that Federal health care program.
``(f) Standard of Proof.--In any action brought under section 3730
with respect to a claim submitted, or an overpayment retained, with
respect to a Federal health care program, section 3731(c) shall be
applied by substituting `clear and convincing evidence' for `a
preponderance of the evidence'.
``(g) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Government of the United States
to recover damages with respect to a claim submitted, or an overpayment
retained, with respect to a Federal health care program under
provisions of law other than section 3729.
``(h) Definitions; Special Rules.--For purposes of this section--
``(1) the term `claim' means a claim as defined in section
3729(c);
``(2) the term `Federal health care program' means--
``(A) any plan or program that provides health care
benefits, whether directly, through insurance, or
otherwise, and that is funded directly, in whole or in
part, by the United States Government;
``(B) any State health care program, as defined in
section 1128(h) of the Social Security Act; or
``(C) any qualifying health plan offered through an
Exchange established under, or any other health plan
established under, the Patient Protection and
Affordable Care Act (Public Law 111-148);
``(3) the amount of damages alleged to have been sustained
by the United States Government with respect to a claim
submitted by (or on behalf of) a person shall be treated as a
`material amount' only if such amount exceeds a proportion
(specified in regulations promulgated by the Secretary of
Health and Human Services in consultation with the Secretary of
Defense) of the total of the amounts for which claims were
submitted by (or on behalf of) such person--
``(A) to the same Federal health care program, and
``(B) for the same calendar year,
as the claim upon which an action under section 3730 is based;
``(4) in determining whether an amount of damages is a
`material amount' under paragraph (3), with respect to a
person--
``(A) the amount of damages for more than 1 claim
may be aggregated only if the acts or omissions
resulting in such damages were part of a pattern of
related acts or omissions by such person; and
``(B) if damages for more than 1 claim are
aggregated in accordance with subparagraph (A), the
proportion referred to in paragraph (3) shall be
determined by comparing the amount of such aggregate
damages to the total of the amounts for which claims
were submitted by (or on behalf of) such person to the
same Federal health care program for each of the
calendar years for which any claim upon which such
aggregate damages were based was submitted;
``(5) the term `intermediary' means, with respect to a
Federal health care program, a contractor with an agency, a
State, or other entity that is engaged in the implementation of
that Federal health care program; and
``(6) the term `State' means each of the several States,
the District of Columbia, and any territory or possession of
the United States.''.
(b) Conforming Amendment.--The table of sections for chapter 37 of
title 31, United States Code, is amended by adding at the end the
following new item:
``3734. Rules for certain actions based on health care claims.''.
(c) Effective Date.--The amendments made by this section shall
apply to any action or investigation under sections 3729 through 3733
of title 31, United States Code, that is pending on, or commenced on or
after, the date of the enactment of this Act. | Fairness in Health Care Claims, Guidance, and Investigations Act - Amends the False Claims Act to set forth special rules for the investigation and prosecution of false claims submitted with respect to a federal health care program (i.e., a health care program funded by the federal government, a state health care program defined by the Social Security Act, or a health plan offered under the Patient Protection and Affordable Care Act). Requires the Attorney General to certify in writing, prior to requesting any information from a physician, hospital, or other provider or supplier of health care services in connection with an investigation reasonably expected to concern 10 or more claims submitted to a federal health care program by or on behalf of a single entity, that: (1) each agency responsible for promulgating relevant regulations, guidelines, and billing instructions relevant to any allegations of fraud has examined such regulations, guidelines, and instructions, all communications between the alleged perpetrator of the fraud and the agency, and each of the allegedly false claims; (2) the allegations under investigation are viewed as viable based on unambiguous regulations, guidelines, and billing instructions issued during the relevant time period; and (3) if proven to be true, the allegations will be pursued under the False Claims Act. Prohibits an action against a health care provider or supplier under the False Claims Act: (1) unless the amount of damages alleged to have been sustained by the government is a material amount, (2) if a claim is submitted in good faith reliance on erroneous information or written statements of federal policy provided by a federal agency or in good faith reliance on an audit or review by an agency of the entity submitting the claim or retaining an overpayment, or (3) if a claim is submitted in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (HHS). Establishes the standard of proof necessary for a civil prosecution of a claim submitted with respect to a federal health care program as clear and convincing evidence (currently, a preponderance of the evidence is required for all other claims). | Fairness in Health Care Claims, Guidance, and Investigations Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leaking Underground Storage Tank
Trust Fund Amendments Act of 1996''.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.
(a) Trust Fund Distribution.--Section 9004 of the Solid Waste
Disposal Act (42 U.S.C. 6991c) is amended by adding at the end the
following new subsection:
``(f) Trust Fund Distribution to States.--
``(1) In general.--(A) The Administrator shall distribute
to States at least 85 percent of the funds appropriated to the
Environmental Protection Agency from the Leaking Underground
Storage Tank Trust Fund (in this subsection referred to as the
`Trust Fund') each fiscal year for the reasonable costs under
cooperative agreements entered into with the Administrator for
the following:
``(i) States' actions under section 9003(h)(7)(A).
``(ii) Necessary administrative expenses directly
related to corrective action and compensation programs
under section 9004(c)(1).
``(iii) Enforcement of a State or local program
approved under this section or enforcement of this
subtitle or similar State or local provisions by a
State or local government.
``(iv) State and local corrective actions pursuant
to regulations promulgated under section 9003(c)(4).
``(v) Corrective action and compensation programs
under section 9004(c)(1) for releases from underground
storage tanks regulated under this subtitle in any
instance, as determined by the State, in which the
financial resources of an owner or operator, excluding
resources provided by programs under section
9004(c)(1), are not adequate to pay for the cost of a
corrective action without significantly impairing the
ability of the owner or operator to continue in
business.
``(B) Funds provided by the Administrator under
subparagraph (A) may not be used by States for purposes of
providing financial assistance to an owner or operator in
meeting the requirements respecting underground storage tanks
contained in section 280.21 of title 40 of the Code of Federal
Regulations (as in effect on the date of the enactment of this
subsection) or similar requirements in State programs approved
under this section or similar State or local provisions.
``(2) Allocation.--
``(A) Process.--In the case of a State that the
Administrator has entered into a cooperative agreement
with under section 9003(h)(7)(A), the Administrator
shall distribute funds from the Trust Fund to the State
using the allocation process developed by the
Administrator for such cooperative agreements.
``(B) Revisions to process.--The Administrator may
revise such allocation process only after--
``(i) consulting with State agencies
responsible for overseeing corrective action
for releases from underground storage tanks and
with representatives of owners and operators;
and
``(ii) taking into consideration, at a
minimum, the total revenue received from each
State into the Trust Fund, the number of
confirmed releases from leaking underground
storage tanks in each State, the number of
notified petroleum storage tanks in each State,
and the percent of the population of each State
using groundwater for any beneficial purpose.
``(3) Recipients.--Distributions from the Trust Fund under
this subsection shall be made directly to the State agency
entering into a cooperative agreement or enforcing the State
program.
``(4) Cost recovery prohibition.--Funds provided to States
from the Trust Fund to owners or operators for programs under
section 9004(c)(1) for releases from underground storage tanks
are not subject to cost recovery by the Administrator under
section 9003(h)(6).''.
(b) Conforming Amendment.--Section 9508(c)(1) of the Internal
Revenue Code of 1986 is amended by inserting before the period at the
end the following: ``and to carry out section 9004(f) of such Act''.
(c) Technical Amendments.--Subtitle I of the Solid Waste Disposal
Act (42 U.S.C. 6991 et seq.) is amended as follows:
(1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is amended by
striking out ``sustances'' and inserting in lieu thereof
``substances''.
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended
by striking out ``subsection (c) and (d)'' and inserting in
lieu thereof ``subsections (c) and (d)''.
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by
striking out ``in 9001(2)(A)'' and inserting in lieu thereof
``in section 9001(2)(A)''.
(4) Section 9005 (42 U.S.C. 6991d) is amended--
(A) in subsection (a), by striking out ``study
taking'' and inserting in lieu thereof ``study,
taking'';
(B) in subsection (b)(1), by striking out
``relevent'' and inserting in lieu thereof
``relevant''; and
(C) in subsection (b)(4), by striking out
``Evironmental'' and inserting in lieu thereof
``Environmental''.
Passed the House of Representatives September 25, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Jeff Trandahl,
Assistant to the Clerk. | Leaking Underground Storage Tank Trust Fund Amendments Act of 1996 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements; (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources (excluding resources provided by such programs) are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business; (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems.
Sets forth requirements for allocation of funds to States.
Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs. | Leaking Underground Storage Tank Trust Fund Amendments Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Lending Stimulus Act
of 2008''.
SEC. 2. ECONOMIC STIMULUS SMALL BUSINESS CONCERNS.
(a) Reduction of Fees.--
(1) Small business act loans.--
(A) In general.--For fiscal year 2008, and to the
extent the cost of such reduction in fees is offset by
appropriations, with respect to each loan guaranteed
under section 7(a) of Small Business Act (15 U.S.C.
636(a)), the Administrator shall--
(i) in lieu of the fee otherwise applicable
under section 7(a)(23)(A) of the Small Business
Act (15 U.S.C. 636(a)(23)(A)), collect an
annual fee in an amount equal to a maximum of
.25 percent of the outstanding balance of the
deferred participation share of that loan;
(ii) in lieu of the fee otherwise
applicable under section 7(a)(18)(A) of the
Small Business Act (15 U.S.C. 636(a)(18)(A)),
collect a guarantee fee in an amount equal to a
maximum of--
(I) 1 percent of the deferred
participation share of a total loan
amount that is not more than $150,000;
(II) 2.5 percent of the deferred
participation share of a total loan
amount that is more than $150,000 and
not more than $700,000; and
(III) 3 percent of the deferred
participation share of a total loan
amount that is more than $700,000; and
(iii) in lieu of the fee otherwise
applicable under section 7(a)(18)(A)(iv) of the
Small Business Act (15 U.S.C.
636(a)(18)(A)(iv)), collect no fee.
(B) Implementation.--In carrying out this
paragraph, the Administrator shall reduce the fees for
a loan guaranteed under section 7(a) of Small Business
Act (15 U.S.C. 636(a)) to the maximum extent possible,
subject to the availability of appropriations.
(2) Debentures.--For fiscal year 2008, and to the extent
the cost of such reduction in fees is offset by appropriations,
the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(2) of the Small Business
Investment Act of 1958 (15 U.S.C. 697(d)(2)) for an institution
described in subclause (I), (II), or (III) of section
502(3)(B)(i) of that Act (15 U.S.C. 696(3)(B)(i)), collect no
fee.
(b) Application of Fee Reductions.--If funds are made available to
carry out subsection (a), the Administrator shall reduce the fees under
subsection (a) for any loan guarantee or project subject to such
subsection for which the application is pending approval on or after
the date of enactment of this Act, until the amount provided for such
purpose is expended.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator for fiscal year 2008--
(1) $150,000,000 to carry out subsection (a)(1);
(2) $45,000,000 to carry out subsection (a)(2);
(3) $2,000,000 for direct loans under the Microloan Program
under section 7(m) of the Small Business Act (15 U.S.C.
636(m)), in addition to any other amounts authorized to be
appropriated for such purposes; and
(4) $10,000,000 for marketing, management, and technical
assistance under section 7(m)(4) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under
the Microloan Program, in addition to any other amounts
authorized to be appropriated for such purposes.
(d) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively; and
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).
SEC. 3. REFINANCING UNDER THE LOCAL DEVELOPMENT BUSINESS LOAN PROGRAM.
Section 502 of the Small Business Investment Act of 1958 (15 U.S.C.
696) is amended by adding at the end the following:
``(7) Permissible debt refinancing.--A financing under this
title may include refinancing of existing indebtedness, in an
amount not to exceed 50 percent of the projected cost of the
project financed under this title, if--
``(A) the project financed under this title
involves the expansion of a small business concern;
``(B) the existing indebtedness is collateralized
by fixed assets;
``(C) the existing indebtedness was incurred for
the benefit of the small business concern;
``(D) the proceeds of the existing indebtedness
were used to acquire land (including a building
situated thereon), to construct or expand a building
thereon, or to purchase equipment;
``(E) the borrower has been current on all payments
due on the existing indebtedness for not less than 1
year preceding the proposed date of refinancing;
``(F) the financing under this title will provide
better terms or a better rate of interest than exists
on the existing indebtedness on the proposed date of
refinancing;
``(G) the financing under this title is not being
used to refinance any debt guaranteed by the
Government; and
``(H) the financing under this title will be used
only for--
``(i) refinancing existing indebtedness; or
``(ii) costs relating to the project
financed under this title.''. | Small Business Lending Stimulus Act of 2008 - Directs the Administrator of the Small Business Administration (SBA) to reduce in 2008 the rate of certain loan fees imposed under the Small Business Act and debenture fees under the Small Business Investment Act of 1958.
Authorizes appropriations for FY2008: (1) to cover such rate reductions; and (2) for direct loans and assistance under the SBA Microloan Program.
Amends the Small Business Investment Act of 1958 to authorize the SBA to refinance certain existing debt of small businesses that received prior loans for plant acquisition, construction, conversion, or expansion. | A bill to provide economic stimulus for small business concerns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CHIP Data and Evaluation Improvement
Act of 1999.''.
SEC. 2. FUNDING FOR RELIABLE ANNUAL STATE-BY-STATE ESTIMATES ON THE
NUMBER OF CHILDREN WHO DO NOT HAVE HEALTH INSURANCE
COVERAGE.
Section 2108 of the Social Security Act (42 U.S.C.1397hh) is
amended by adding at the end the following:
``(c) Adjustment to Current Population Survey To Include State-by-
State Data Relating to Children Without Health Insurance Coverage.--
``(1) In general.--The Secretary of Commerce shall make
appropriate adjustments to the annual Current Population Survey
conducted by the Bureau of the Census in order to produce
statistically reliable annual State data on the number of low-
income children who do not have health insurance coverage, so
that real changes in the uninsurance rates of children can
reasonably be detected. The Current Population Survey should
produce data under this subsection that categorizes such
children by family income, age, and race or ethnicity. The
adjustments made to produce such data shall include, where
appropriate, expanding the sample size used in the State
sampling units, expanding the number of sampling units in a
State, and an appropriate verification element.
``(2) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $10,000,000 for fiscal year 2000 and each fiscal
year thereafter for the purpose of carrying out this
subsection.''.
SEC. 3. FUNDING FOR CHILDREN'S HEALTH CARE ACCESS AND UTILIZATION
STATE-BY-STATE DATA.
Section 2108 of the Social Security Act (42 U.S.C. 1397hh), as
amended by section 2, is amended by adding at the end the following:
``(d) Collection of Children's Health Care Access and Utilization
State-Level Data.--
``(1) In general.--The Secretary, acting through the
National Center for Health Statistics (in this subsection
referred to as the `Center'), shall collect data on children's
health insurance through the State and Local Area Integrated
Telephone Survey (SLAITS) for the 50 States and the District of
Columbia. Sufficient data shall be collected so as to provide
reliable, annual, State-by-State information on the health care
access and utilization of children in low-income households,
and to allow for comparisons between demographic subgroups
categorized with respect to family income, age, and race or
ethnicity.
``(2) Survey design and content.--
``(A) In general.--In carrying out paragraph (1),
the Secretary, acting through the Center--
``(i) shall obtain input from appropriate
sources, including States, in designing the
survey and making content decisions; and
``(ii) at the request of a State, may
collect additional data to assist with a
State's evaluation of the program established
under this title.
``(B) Reimbursement of costs of additional data.--A
State shall reimburse the Center for services provided
under subparagraph (A)(ii).
``(3) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated $9,000,000 for fiscal year 2000 and each fiscal
year thereafter for the purpose of carrying out this
subsection.''.
SEC. 4. FEDERAL EVALUATION OF STATE CHILDREN'S HEALTH INSURANCE
PROGRAMS.
Section 2108 of the Social Security Act (42 U.S.C.1397hh), as
amended by sections 2 and 3, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Federal Evaluation.--
``(1) In general.--The Secretary, directly or through
contracts or interagency agreements, shall conduct an
independent evaluation of 10 States with approved child health
plans.
``(2) Selection of States.--In selecting States for the
evaluation conducted under this subsection, the Secretary shall
choose 10 States that utilize diverse approaches to providing
child health assistance, represent various geographic areas
(including a mix of rural and urban areas), and contain a
significant portion of uncovered children.
``(3) Matters included.--In addition to the elements
described in subsection (b)(1), the evaluation conducted under
this subsection shall include, but is not limited to, the
following:
``(A) Surveys of the target population (enrollees,
disenrollees, and individuals eligible for but not
enrolled in the program under this title).
``(B) Evaluation of effective and ineffective
outreach and enrollment practices with respect to
children (for both the program under this title and the
medicaid program under title XIX), and identification
of enrollment barriers and key elements of effective
outreach and enrollment practices, including practices
that have successfully enrolled hard-to-reach
populations such as children who are eligible for
medical assistance under title XIX but have not been
enrolled previously in the medicaid program under that
title.
``(C) Evaluation of the extent to which State
medicaid eligibility practices and procedures under the
medicaid program under title XIX are a barrier to the
enrollment of children under that program, and the
extent to which coordination (or lack of coordination)
between that program and the program under this title
affects the enrollment of children under both programs.
``(D) An assessment of the effect of cost-sharing
on utilization, enrollment, and coverage retention.
``(E) Evaluation of disenrollment or other
retention issues, such as switching to private
coverage, failure to pay premiums, or barriers in the
recertification process.
``(4) Submission to congress.--Not later than December 31,
2001, the Secretary shall submit to Congress the results of the
evaluation conducted under this subsection.
``(5) Funding.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated $10,000,000 for fiscal year 2000 for the purpose
of conducting the evaluation authorized under this subsection.
Amounts appropriated under this paragraph shall remain
available without fiscal year limitation.''.
SEC. 5. STANDARDIZED REPORTING REQUIREMENTS FOR ANNUAL REPORTS.
Section 2108(a) of the Social Security Act (42 U.S.C. 1397hh(a)) is
amended by--
(1) redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively and indenting appropriately;
(2) by striking ``The State shall--'' and inserting the
following
``(1) In general.--The State shall--''; and
(3) by adding at the end the following:
``(2) Standardized reporting requirements.--Each annual
report submitted under this subsection shall, in addition to
expenditure and other reporting requirements specified by the
Secretary, include the following:
``(A) Enrollee counts categorized by income (that
at least identifies enrollees with income below the
poverty line), age, and race or ethnicity, and, if
income levels used in State reporting differ from that
prescribed by the Secretary, a detailed description of
the eligibility methodologies used by the State,
including all relevant income disregards, exempted
income, and eligibility family units.
``(B) The annual percentages of those individuals
who sought coverage (as determined by the Secretary)
through the screening and enrollment process
established under the State program under this title
who were--
``(i) enrolled in the program under this
title;
``(ii) enrolled in the medicaid program
under title XIX; or
``(iii) determined eligible for, but not
enrolled in, the program under this title or
the medicaid program under title XIX.''.
SEC. 6. INSPECTOR GENERAL AUDIT AND GAO REPORT ON ENROLLEES ELIGIBLE
FOR MEDICAID.
Section 2108 of the Social Security Act (42 U.S.C.1397hh), as
amended by section 4, is amended by adding at the end the following:
``(f) Inspector General Audit and GAO Report.--
``(1) Audit.--Beginning with fiscal year 2000, and every
third fiscal year thereafter, the Secretary, through the
Inspector General of the Department of Health and Human
Services, shall audit a sample from among the States described
in paragraph (2) in order to--
``(A) determine the number, if any, of enrollees
under the plan under this title who are eligible for
medical assistance under title XIX (other than as an
optional targeted low-income children under section
1902(a)(10)(A)(ii)(XIV)); and
``(B) assess the progress made in reducing the
number of targeted uncovered low-income children
relative to the goals established in the State child
health plan, as reported to the Secretary in accordance
with subsection (a)(2).
``(2) State described.--A State described in this paragraph
is a State with an approved State child health plan under this
title that does not, as part of such plan, provide health
benefits coverage under the State's medicaid program under
title XIX.
``(3) Monitoring and report from gao.--The Comptroller
General of the United States shall monitor the audits conducted
under this subsection and, not later than March 1 of each
fiscal year after a fiscal year in which an audit is conducted
under this subsection, shall submit a report to Congress on the
results of the audit conducted during the prior fiscal year.''.
SEC. 7. COORDINATION OF DATA COLLECTION WITH DATA REQUIREMENTS UNDER
THE MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT.
Subparagraphs (C)(ii) and (D)(ii) of section 506(a)(2) of the
Social Security Act (42 U.S.C. 706(a)(2)) are each amended by inserting
``or the State plan under title XXI'' after ``title XIX''.
SEC. 8. COORDINATION OF DATA SURVEYS AND REPORTS.
The Secretary of Health and Human Services, through the Assistant
Secretary for Planning and Evaluation, shall establish a clearinghouse
for the consolidation and coordination of all Federal data bases and
reports regarding children's health. | Directs the Secretary to establish a clearinghouse for the consolidation and coordination of all Federal data bases and reports regarding children's health.
Makes necessary appropriations. | CHIP Data and Evaluation Improvement Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Give Fans a Chance Act of 1997''.
SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION.
The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et
seq.), is amended by adding at the end the following:
``SEC. 7. CONDITIONAL APPLICATION OF ACT.
``(a) Inapplicability.--This Act shall not apply to a league of
clubs of a professional sport for any period during which any member
club of such league is--
``(1) subject to such league's requirement, or to an
agreement made by 2 or more member clubs of such league, that
forbids any of such clubs to transfer (by sale or otherwise) an
ownership interest of any kind in such club to any governmental
entity or to members of the general public; or
``(2) not in compliance with subsection (b) or (c).
``(b) Notice of Proposed Change in Community; Opportunities To
Respond to Proposed Relocation.--
``(1) In general.--A member club that proposes to relocate,
or a league that proposes to relocate a member club, out of a
community in the home territory of the member club shall
furnish notice of such proposed relocation not later than 180
days before the commencement of the season in which the club is
to play home games in the proposed new location.
``(2) Persons entitled to receive notice.--The notice
required by paragraph (1) shall be furnished to all interested
persons.
``(3) Requirements.--The notice shall--
``(A) be in writing and delivered in person or by
certified mail;
``(B) be made available to the news media;
``(C) be published in 1 or more newspapers of
general circulation within the club's home community;
and
``(D) contain--
``(i) an identification of the proposed new
home community of such club;
``(ii) a summary of the reasons for the
proposed relocation based on the criteria
listed in subsection (c); and
``(iii) the date on which the proposed
relocation would become effective.
``(4) Opportunity to offer to purchase.--
``(A) In general.--During the 180-day notice period
specified in paragraph (1), a local government,
stadium, arena authority, person, or any combination
thereof, may prepare and present a proposal to purchase
the club to retain the club in the home community.
``(B) Membership in league.--If a bid under
subparagraph (A) is successful, the league of which the
club is a member shall not prohibit the club's
membership in the league on the basis that the club is
owned in whole or in part by several persons or
entities, or by 1 or more local governments.
``(5) Opportunity to induce club to stay.--During the 180-
day notice period specified in paragraph (1), the club (and the
league of which the club is a member) shall give a local
government, stadium authority, person, or any combination
thereof, the opportunity to prepare and present a proposal to
induce the club to remain in its home community.
``(6) Response.--The response of the owner of the club to
any offer made under paragraph (4) or (5) shall--
``(A) be in writing and delivered in person or by
certified mail; and
``(B) state in detail the reasons for refusal of
any bona fide offer.
``(7) Determination by league.--
``(A) In general.--The league of which the club is
a member shall make a determination, before the
expiration of the 180-day notice period specified in
paragraph (1), with respect to the relocation of club
out of its home community .
``(B) Hearings.--In making a determination under
this paragraph, the league shall conduct a hearing at
which interested persons are afforded an opportunity to
present oral or written testimony regarding the
proposed relocation of the club. The league shall keep
a record of all such proceedings.
``(C) Consideration of proposals.--The league shall
take into account any inducement proposal that is
offered under paragraph (5).
``(8) Considerations.--In determining whether to approve or
disapprove the relocation of the club, the league shall take
into consideration the criteria listed in subsection (c).
``(c) Criteria for Relocation Decisions.--Notwithstanding any other
law, before making a decision to approve or disapprove the relocation
of a club out of its home community, the league of which such club is a
member shall take into consideration--
``(1) the extent to which fan loyalty to and support for
the club has been demonstrated during the club's operation in
such community;
``(2) the degree to which the club has engaged in good
faith negotiations with appropriate persons concerning terms
and conditions under which the club would continue to play home
games in such community or elsewhere within the club's home
territory;
``(3) the degree to which the ownership or management of
the club has contributed to any circumstances that might
demonstrate the need for the relocation;
``(4) the extent to which the club, directly or indirectly,
received public financial support by means of any publicly
financed playing facility, special tax treatment, or any other
form of public financial support;
``(5) the adequacy of the stadium in which the club played
its home games in the previous season, and the willingness of
the stadium, arena authority, or local government to remedy any
deficiencies in the facility;
``(6) whether the club has incurred net operating losses,
exclusive of depreciation and amortization, sufficient to
threaten the continued financial viability of the club;
``(7) whether any other club in the league is located in
the same home community;
``(8) whether the club proposes to relocate to a community
that is the home community of another member club of the
league;
``(9) whether the stadium authority, if public, is opposed
to the proposed relocation; and
``(10) whether there is a bona fide investor offering fair
market value for the club and seeking to retain the club in
such community.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendment made by this Act shall take effect on
the first day of the first month beginning more than 180 days after the
date of the enactment of this Act. | Give Fans a Chance Act of 1997 - Limits the antitrust exemption applicable to broadcasting agreements made by professional sports leagues. Makes such exemption inapplicable to a league for any period during which any member club is: (1) subject to such league's requirement, or to an agreement made by two or more member clubs, that forbids any of such clubs to transfer an ownership interest in such club to any governmental entity or to members of the general public; or (2) not in compliance with the following requirements.
Requires a member club or a league to furnish notice of a proposed relocation of a club out of a community in the club's home territory not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location, subject to specified requirements. Specifies that, during the 180-day notice period: (1) a local government, stadium, arena authority, person, or any combination thereof may prepare and present a proposal to purchase the club to retain the club in the home community (prohibits the league, if such bid is successful, from barring the club's membership in the league because it is owned by several persons or entities or by one or more local governments); and (2) the club and the league shall give a local government, stadium authority, person, or any combination thereof the opportunity to prepare and present a proposal to induce the club to remain in its home community (requires the response of the club owner to meet specified requirements).
Directs the league to make a determination, before the expiration of the 180-day notice period, with respect to the relocation. Sets forth provisions regarding hearings and consideration of proposals.
Sets forth criteria for relocation decisions, including the extent to which fan loyalty to and support for the club has been demonstrated during the club's operation in such community. | Give Fans a Chance Act of 1997 |