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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Kidney Disease
Equitable Access, Prevention, and Research Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY
DISEASE
Sec. 101. Improving access to care through improvements in the initial
survey process for renal dialysis
facilities.
Sec. 102. Providing choice in primary insurer.
Sec. 103. Protecting individuals with kidney failure from unfair
practices.
TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH QUALITY KIDNEY
CARE
Sec. 201. Understanding the progression of kidney disease in minority
populations.
Sec. 202. Recommendations on dialysis quality and care management
research gaps.
Sec. 203. GAO study on transportation barriers to access kidney care.
TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH
KIDNEY DISEASE
Sec. 301. Improving access to medicare kidney disease education.
TITLE I--PROVIDING EQUITABLE ACCESS TO CARE FOR INDIVIDUALS WITH KIDNEY
DISEASE
SEC. 101. IMPROVING ACCESS TO CARE THROUGH IMPROVEMENTS IN THE INITIAL
SURVEY PROCESS FOR RENAL DIALYSIS FACILITIES.
Section 1864 of the Social Security Act (42 U.S.C. 1395aa) is
amended--
(1) by redesignating subsection (e) as subsection (f);
(2) by inserting after subsection (d) the following new
subsection:
``(e)(1) If the Secretary has entered into an agreement with any
State under this section under which the appropriate State or local
agency that performs any survey related to determining the compliance
of a renal dialysis facility subject to the requirements of section
1881(b) and the State licensure survey requirements are consistent with
or exceed such Federal requirements, the Secretary must accept the
results of the State licensure survey for purposes of determining
Federal certification of compliance. In the case of such an initial
survey of a renal dialysis facility, the Secretary may allow any State
to waive the reimbursement for conducting the survey under this section
if it requests such a waiver.
``(2) In the case of a renal dialysis facility that has waited for
more than 6 months to receive the results of an initial survey under
this section, the Secretary shall establish a specific timetable for
completing and reporting the results of the survey.''; and
(3) in subsection (f), as so redesignated--
(A) by striking ``Notwithstanding any other
provision of law,'' and inserting ``(1) Notwithstanding
any other provision of law and except as provided in
paragraph (2)''; and
(B) by adding at the end the following:
``(2) The Secretary may assess and collect fees for the initial
Medicare survey from a renal dialysis facility subject to the
requirements of section 1881(b) in an amount not to exceed a reasonable
fee necessary to cover the costs of initial surveys conducted for
purposes of determining the compliance of a renal dialysis facility
with the requirements of section 1881(b). Fees may be assessed and
collected under this paragraph only in such manner as would result in
an aggregate amount of fees collected during any fiscal year being
equal to the aggregate amount of costs for such fiscal year for initial
surveys of such facilities under this section. A renal dialysis
facility's liability for such fees shall be reasonably based on the
proportion of the survey costs which relate to such facility. Any funds
collected under this paragraph shall be used only to conduct the
initial survey of the facilities providing the fees.
``(3) Fees authorized under paragraph (2) shall be collected by the
Secretary and available only to the extent and in the amount provided
in advance in appropriations Acts and upon request of the Secretary,
subject to the amount and usage limitations of such paragraph. Such
fees so collected are authorized to remain available until expended.''.
SEC. 102. PROVIDING CHOICE IN PRIMARY INSURER.
(a) Providing for Patient Choice.--
(1) In general.--Section 1862(b)(1)(C) of the Social
Security Act (42 U.S.C. 1395y(b)(1)(C)) is amended--
(A) in the last sentence, by inserting ``and before
January 1, 2013,'' after ``prior to such date)''; and
(B) by adding at the end the following new
sentence: ``Effective for items and services furnished
on or after January 1, 2013 (with respect to periods
beginning on or after the date that is 42 months prior
to such date), clauses (i) and (ii) shall be applied by
substituting `42-month' for `12-month' each place it
appears in the first sentence.''.
(2) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act. For
purposes of determining an individual's status under section
1862(b)(1)(C) of the Social Security Act (42 U.S.C.
1395y(b)(1)(C)), as amended by paragraph (1), an individual who
is within the coordinating period as of the date of enactment
of this Act shall have that period extended to the full 42
months described in the last sentence of such section, as added
by the amendment made by paragraph (1)(B).
(b) Providing Equitable Access to Insurance for Individuals With
Kidney Failure.--The Secretary of Health and Human Services shall
clarify upon enactment of this Act that the Medicare Secondary Payer
rules set forth in section 1862(b)(1)(C) of the Social Security Act (42
U.S.C. 1395y(b)(1)(C)), as amended by this Act, apply to qualified
health plans established under section 1311(b)(1)(B) of Public Law 111-
148 (42 U.S.C. 13031(b)(1)(B)).
SEC. 103. PROTECTING INDIVIDUALS WITH KIDNEY FAILURE FROM UNFAIR
PRACTICES.
(a) In General.--Section 1862(b)(1)(C)(ii) of the Social Security
Act (42 U.S.C. 1395y(b)(1)(C)(ii)) is amended to read as follows:
``(ii) may not differentiate in the
benefits it provides between individuals having
end stage renal disease and other individuals
covered by such plan or issuer on the basis of
the existence of end stage renal disease, the
need for renal dialysis, or in any other
manner, and such plan--
``(I) shall provide adequate,
advanced, written notification to
patients regarding changes to dialysis
service benefits, new restrictions on
out-of-network access, or reductions in
rates paid for out-of-network benefits
for such services;
``(II) shall allow patients to
continue using their existing provider
or facility of such services for at
least 24 months following the date of
notice of any change by the plan or
issuer in the dialysis services network
of the plan or issuer;
``(III) shall hold patients
harmless from provider network changes
with respect to such services if such
changes require unreasonable drive time
or disrupt the physician-patient
relationship;
``(IV) may not restrict the
duration or number of dialysis sessions
for patients, such as based on a fixed
number of treatments per week, to less
than the number for which payment may
be made pursuant to section 1881(b)(1);
``(V) may not require assignment of
benefits for such services;
``(VI) shall ensure that out-of-
pocket payments for such services apply
to the medicare part C out-of-pocket
maximums and not treated as routine for
purposes of calculating beneficiary
copayments;
``(VII) may not deny or limit
coverage for patients for such services
if premiums, copayments, or other
payments are made by third parties on
their behalf; and
``(VIII) shall meet minimum network
adequacy standards specified by the
Secretary with respect to such
services;''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to group health plans as of January 1, 2014.
TITLE II--SUPPORTING RESEARCH TO IMPROVE ACCESS TO HIGH QUALITY KIDNEY
CARE
SEC. 201. UNDERSTANDING THE PROGRESSION OF KIDNEY DISEASE IN MINORITY
POPULATIONS.
Not later than one year after the date of the enactment of this
Act, the Secretary of Health and Human Services shall complete a study
(and submit a report to Congress) on--
(1) the social, behavioral, and biological factors leading
to kidney disease; and
(2) efforts to slow the progression of kidney disease in
minority populations that are disproportionately affected by
such disease.
SEC. 202. RECOMMENDATIONS ON DIALYSIS QUALITY AND CARE MANAGEMENT
RESEARCH GAPS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to Congress a
report regarding the research gaps with respect to the development of
quality metrics and care management metrics for patients with end-stage
renal disease, including pediatric and home dialysis patients. Such
report shall include recommendations about undertaking research to fill
such gaps and prioritizing such research.
SEC. 203. GAO STUDY ON TRANSPORTATION BARRIERS TO ACCESS KIDNEY CARE.
(a) In General.--The Comptroller General of the United States shall
conduct an evaluation of the transportation barriers facing dialysis
patients that result in less than 100 percent compliance with their
plan of care under the Medicare program.
(b) Specific Matters Evaluated.--In conducting the evaluation under
subsection (a), the Comptroller General shall examine--
(1) the costs associated with providing dialysis services;
(2) the number and characteristics of patients who miss at
least 2 dialysis treatments during a month or have shortened
treatments because of barriers to transportation; and
(3) the potential sources of providing dialysis patients
with such transportation services.
(c) Report.--Not later than the date that is 6 months after the
date of the enactment of this Act, the Comptroller General shall submit
to Congress a report on the study conducted under subsection (a)
together with recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
TITLE III--IMPROVING ACCESS TO PREVENTIVE CARE FOR INDIVIDUALS WITH
KIDNEY DISEASE
SEC. 301. IMPROVING ACCESS TO MEDICARE KIDNEY DISEASE EDUCATION.
(a) In General.--Section 1861(ggg)(2) of the Social Security Act
(42 U.S.C. 1395x(ggg)(2)) is amended--
(1) by striking subparagraph (B); and
(2) in subparagraph (A)--
(A) by striking ``(A)'' after ``(2)'';
(B) by striking ``and'' at the end of clause (i);
(C) by striking the period at the end of clause
(ii) and inserting ``; and'';
(D) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively; and
(E) by adding at the end the following:
``(C) a renal dialysis facility subject to the
requirements of section 1881(b)(1) with personnel--
``(i) who provide the services described in
paragraph (1); and
``(ii) that include a physician (as defined
in subsection (r)(1)) or a physician assistant,
nurse practitioner, or clinical nurse
specialist (as defined in subsection
(aa)(5)).''.
(b) Payment to Renal Dialysis Facilities.--Section 1881(b) of such
Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following
new paragraph:
``(15) For purposes of paragraph (14), the single payment for renal
dialysis services under such paragraph shall not take into account the
amount of payment for kidney disease education services (as defined in
section 1861(ggg)). Instead, payment for such services shall be made to
the renal dialysis facility on an assignment-related basis under
section 1848.''.
(c) Providing Education Services to Individuals With Kidney
Failure.--Section 1861(ggg)(1)(A) of the Social Security Act (42 U.S.C.
1395x(ggg)(1)(A)) is amended--
(1) by inserting ``or stage V'' after ``stage IV''; and
(2) by inserting ``and who is not receiving dialysis
services'' after ``chronic kidney disease''.
(d) Effective Date.--The amendments made by this section apply to
kidney disease education services furnished on or after January 1,
2013. | Kidney Disease Equitable Access, Prevention, and Research Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS), in specified circumstances, to accept the results of a state licensure survey for purposes of determining federal certification of the compliance of a renal dialysis facility (RDF) with the conditions of Medicare participation.
Allows the Secretary to assess and collect reasonable fees for the initial Medicare survey from an RDF.
Revises Medicare requirements for group health plans to extend from 12 to 42 months after an individual becomes eligible for Medicare part A (Hospital Insurance Benefits for the Aged and Disabled) benefits the period during which a group health plan is a primary payer (and Medicare the secondary payer) for ESRD patients. Requires such a plan to: (1) provide adequate, advanced, written notice to patients regarding changes to dialysis service benefits, new restrictions on out-of-network access, or reductions in rates paid for out-of-network benefits; (2) allow patients to continue using their existing provider or facility for dialysis services for at least 24 months after a plan or issuer notice of any change; (3) hold patients harmless from a provider network change if the change requires unreasonable drive time or disrupts the physician-patient relationship; (4) ensure that out-of-pocket payments for such services apply to the Medicare part C (Medicare+Choice Program) out-of-pocket maximums and are treated as non-routine for copayment purposes; and (5) meet minimum network adequacy standards. Prohibits such a plan from: (1) restricting the duration or number of dialysis sessions for patients to less than the number for which payment may be made; (2) requiring assignment of benefits for such services; or (3) denying or limiting coverage for patients for such services if premiums, copayments, or other payments are made by third parties on their behalf. Directs the Secretary to study: (1) the social, behavioral, and biological factors leading to kidney disease; and (2) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by it. Directs the Secretary to report to Congress on the research gaps with respect to the development of quality metrics and care management metrics for ESRD patients. Directs the Comptroller General to evaluate the transportation barriers facing dialysis patients that result in less than 100% compliance with their plan of care under the Medicare program. Includes as a person qualified to furnish kidney disease education services an RDF with a physician or a physician assistant, nurse practitioner, or clinical nurse specialist. Declares that the mandatory single payment to an RDF or other provider of renal dialysis services shall not take into account the amount of payment for kidney disease education services. Revises the definition of “kidney disease education services” to specify education services furnished to individuals: (1) with stage V (as well as those with stage IV) chronic kidney disease, and (2) who are not receiving dialysis services. | A bill to amend title XVIII of the Social Security Act to improve Medicare benefits for individuals with kidney disease, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalizing Cities Through Parks
Enhancement Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) open spaces and community parks are a critically
important portion of urban infrastructure;
(2) many inner-city areas suffer from a lack of public open
space for community residents to use for recreation, social
interaction, and relief from dense urban conditions;
(3) vacant lots, many in public ownership as a result of
tax foreclosures, are common in inner-city areas;
(4) the recent economic recession substantially increased
the number of such vacant lots;
(5) such lots often become drug trafficking areas, thereby
decreasing the value of surrounding property and leading to
higher crime rates in inner-city areas; and
(6) the refurbishment of such lots, by removing garbage and
rubble and creating well-lighted and maintained open spaces and
community parks, would establish positive assets for
surrounding communities, provide positive outlets for community
youth, increase property values, make other types of investment
in the communities more attractive, and generally improve the
quality of life for residents of the affected communities.
SEC. 3. AUTHORITY TO MAKE GRANTS.
(a) In General.--The Secretary of Housing and Urban Development
shall, to the extent amounts are provided in appropriation Acts
pursuant to section 13, make grants under this Act to qualified
community organizations for establishment of community open space in
urban areas.
(b) Amount.--The aggregate amount of any grants made under this Act
to any single qualified community organization in any single fiscal
year may not exceed $250,000.
SEC. 4. QUALIFIED COMMUNITY ORGANIZATIONS.
A grant under this Act may be made only to a nonprofit
organization that--
(1) has among its purposes significant activities related
to the improvement of the neighborhood, community, or city in
which any property that is to be assisted with the grant under
this Act is located;
(2) has a history of serving such neighborhood, community,
or city;
(3) maintains, through significant representation on the
organization's governing board and otherwise, accountability to
residents of such neighborhood, community, or city; and
(4) complies with such standards of financial
accountability as the Secretary may require.
SEC. 5. USE OF GRANT AMOUNTS.
(a) Eligible Activities.--Amounts from a grant made under this Act
may be used by the recipient of the grant only for costs relating to
the establishment of community open space, as follows:
(1) To develop eligible municipal real property for use as
community open space, which shall include design, clearance,
demolition, removal, beautification, site improvements, and
construction or installation of facilities and improvements for
such property.
(2) To lease or otherwise obtain the use of eligible
municipal real property for establishment of community open
space.
(3) To maintain community open space.
(4) To cover other administrative costs related to the
establishment, development, maintenance, administration, or
management of the community open space, except that not more
than 10 percent of any single grant made under this Act may be
used for costs under this paragraph.
(b) Development Plan Requirement.--Amounts from a grant made under
this Act may be used by the recipient of a grant only to carry out
activities under subsection (a) that are described in the development
plan of the recipient approved by the Secretary under section 7 or that
are described in an amendment to the development plan approved by the
Secretary under section 9.
(c) Community Involvement Requirements.--A qualified community
organization that applies for a grant under this Act shall provide for
involvement by interested residents and organizations of the
neighborhood, community, or city in which the property to be assisted
under the plan is located in--
(1) establishing the development plan under section 7(b),
which shall include--
(A) making the proposed development plan available
in a manner that, in the determination of the
Secretary, provides interested parties a reasonable
opportunity to examine its content and to submit
comments on the proposed plan; and
(B) holding one or more public hearings to obtain
the views of interested parties regarding the proposed
plan; and
(2) carrying out activities under the development plan, if
the qualified community organization is a recipient.
SEC. 6. ELIGIBLE MUNICIPAL REAL PROPERTY.
Amounts from a grant under this Act may be used for costs under
section 5(a) relating to the establishment of community open space only
on real property that--
(1) is owned in fee simple by the unit of general local
government in which the property is located;
(2) is located in an urban area;
(3) is free of structures; and
(4) is subject to a binding commitment, entered into by the
unit of general local government that owns the property and the
eligible community organization receiving the grant, that makes
the property available for use and improvement under this Act
as community open space for a period of not less than 7 years.
SEC. 7. APPLICATION AND DEVELOPMENT PLAN.
(a) In General.--The Secretary shall provide for nonprofit
organizations to submit applications to the Secretary for grants under
this Act in such form and manner as the Secretary may require to carry
out the purposes of this Act.
(b) Development Plan.--The Secretary shall require each application
to include a detailed plan for the use of any amounts received from a
grant under this Act, which shall include--
(1) a description of any eligible municipal property that
is to be established as community open space using such grant
amounts;
(2) evidence of the ownership of the eligible municipal
property and the binding commitment required under section 6(4)
for the property;
(3) a description of the nonprofit organization applying
for the grant that is sufficient to allow the Secretary to
determine whether such organization is a qualified community
organization;
(4) a description of the activities under section 5(a) to
be conducted with amounts from the grant;
(5) evidence of any commitments to make assistance (other
than assistance under this Act) available for use in developing
or maintaining the community open space;
(6) a description of the need for community open space in
the neighborhood or community in which the eligible municipal
property is located;
(7) a description of how the nonprofit organization will
provide for the maintenance of the community open space;
(8) a description of the community participation involved
(pursuant to section 5(c)) in establishing the plan, and the
provisions made (pursuant to such section) for community
participation in developing, maintaining, administering, and
managing the community open space;
(9) a budget specifying all of the estimated costs relating
to the project to establish and maintain the community open
space; and
(10) any other information the Secretary considers
appropriate to carry out this Act.
SEC. 8. SELECTION AND GRANT AGREEMENTS.
(a) Selection.--From among the applications submitted under section
7, the Secretary shall select qualified community organizations to
receive grants under this Act pursuant to a competitive selection
process. The Secretary shall review all applications received and may
select only applications containing development plans that the
Secretary approves as feasible and cost-effective pursuant to the
competitive selection process.
(b) Selection Criteria.--The competitive selection process referred
to in subsection (a) shall be based upon selection criteria, which
shall include--
(1) the extent of community involvement in the
establishment, development, maintenance, administration, or
management of the community open space;
(2) the extent of need for community open space in the
neighborhood or community in which the eligible municipal
property is located;
(3) the extent to which the development plan for the
community open space limits administrative and management costs
relating to the community open space; and
(4) the extent to which commitments have been made
providing assistance (other than assistance under this Act) for
use in establishing, developing, maintaining, administering, or
managing the community open space.
(c) Grant Agreements.--The Secretary shall enter into agreements
with each qualified community organization selected to receive a grant
under this section as the Secretary considers necessary to ensure that
amounts provided under the grant are used in accordance with the
requirements of this Act to carry out the development plan approved
under section 7 and any amendments to such plan approved under section
9.
SEC. 9. AMENDMENTS TO DEVELOPMENT PLANS.
The Secretary shall provide for recipients to submit amendments to
development plans to the Secretary and for the Secretary to review, and
approve or disapprove, such amendments.
SEC. 10. REPORTS.
(a) Recipients.--The Secretary may require each recipient to submit
to the Secretary such reports as the Secretary considers appropriate to
determine whether the recipient is carrying out the development plan
for any community open space for which the grant was made and is
complying with the provisions of this Act and any agreements entered
into under section 8(c).
(b) Secretary.--The Secretary shall submit a report to the Congress
not less than annually describing the grants made under this Act, the
recipients of the grants, and the community open space provided with
such grant amounts.
SEC. 11. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Community open space.--The term ``community open
space'' means a parcel of real property that is used for open
space, park, playground, garden, or other recreational or other
similar purposes and is generally open to and available for use
by the public.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means a private organization that--
(A) is organized under State or local laws; and
(B) has no part of its net earnings inuring to the
benefit of any member, shareholder, founder,
contributor, or individual.
(3) Qualified community organization.--The term ``qualified
community organization'' means a nonprofit organization that
complies with the requirements under section 4 to be eligible
to receive a grant under this Act.
(4) Recipient.--The term ``recipient'' means a qualified
community organization that receives a grant under this Act.
(5) Urban area.--The term ``urban area'' means--
(A) a city within a standard metropolitan
statistical area (as established by the Office of
Management and Budget) which is the central city of
such area (as defined and used by such Office); or
(B) a city within such a standard metropolitan
statistical area which has a population of 50,000 or
more.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(7) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
county, parish, village, or other general purpose political
subdivision of a State.
(8) State.--The term ``State'' means the States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, and any other
territory or possession of the United States.
SEC. 12. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this Act.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for grants under this Act
$10,000,000 for each of fiscal years 2006 and 2007. | Revitalizing Cities Through Parks Enhancement Act - Directs the Secretary of Housing and Urban Development (HUD) to make grants to qualified community organizations to develop as open space municipally owned vacant lots in urban areas. | To authorize the Secretary of Housing and Urban Development to make grants to nonprofit community organizations for the development of open space on municipally owned vacant lots in urban areas. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay Improvement Act of
2010''.
SEC. 2. SAN FRANCISCO BAY.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. SAN FRANCISCO BAY.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Committee.--The term `Committee' means the San
Francisco Bay Program Advisory Committee established under
subsection (d).
``(2) Comprehensive plan.--The term `comprehensive plan'
means the comprehensive conservation and management plan for
the San Francisco Bay established under section 320, including
any amendments thereto.
``(3) Director.--The term `Director' means the Director of
the Office, except with respect to subsections (d)(2) and (e).
``(4) Office.--The term `Office' means the San Francisco
Bay Program Office established under subsection (b).
``(5) Regional monitoring program.--The term `Regional
Monitoring Program' means the program of the San Francisco
Estuary Institute established in 1993 by the San Francisco Bay
Regional Water Quality Control Board to monitor contamination
in the San Francisco Bay and to provide data to water quality
regulators for effective management of such Bay.
``(6) San francisco bay.--The term `San Francisco Bay'
means the areas comprising the San Francisco Bay as determined
by the Director.
``(7) San francisco estuary partnership.--The term `San
Francisco Estuary Partnership' means the agency established in
1987 under section 320 to develop and implement a comprehensive
conservation and management plan to restore and maintain the
chemical, physical, and biological integrity of the San
Francisco Bay.
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a San Francisco Bay Program
Office. The Office shall be located at the headquarters of
region 9 of the Environmental Protection Agency.
``(2) Appointment of director.--The Administrator shall
appoint a Director of the Office, who, by reason of management
experience and technical expertise relating to the San
Francisco Bay, shall be highly qualified to support the
development and implementation of projects, programs, and
studies necessary to implement the comprehensive plan.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(c) Duties.--
``(1) In general.--In carrying out this section, the
Administrator, acting through the Director, shall--
``(A) assist and support the implementation of the
comprehensive plan;
``(B) provide funding and make grants for
implementation of the comprehensive plan and projects,
programs, and studies consistent with the priorities of
the comprehensive plan;
``(C) promote innovative methodologies and
technologies that are cost-effective and consistent
with the identified goals and objectives of the
comprehensive plan and Environmental Protection Agency
permitting processes;
``(D) coordinate the major functions of the Federal
Government related to the implementation of the
comprehensive plan, including projects, programs, and
studies with respect to--
``(i) water quality improvement;
``(ii) wetland, riverine, and estuary
restoration and protection;
``(iii) nearshore and endangered species
recovery; and
``(iv) adaptation to climate change;
``(E) coordinate research and planning projects
authorized under this section with the San Francisco
Estuary Partnership, Federal departments and agencies,
State agencies, local governments, federally recognized
Indian tribes, universities, and other public or
nonprofit private organizations to advance
implementation of the comprehensive plan;
``(F) track progress with respect to meeting the
identified goals and objectives of the comprehensive
plan by--
``(i) implementing and supporting a
project, program, and study monitoring system
consistent with the systems used by the San
Francisco Estuary Partnership; and
``(ii) coordinating, managing, and
reporting environmental data relating to San
Francisco Bay in a manner consistent with
methodologies utilized by the Regional
Monitoring Program, including, to the extent
practicable, making such data and reports on
such data available to the public, including on
the Internet, in a timely fashion; and
``(G) collect and make available to the public,
including on the Internet, publications and other forms
of information relating to the environmental quality of
the San Francisco Bay.
``(2) Implementation methods.--The Administrator, acting
through the Director, may enter into interagency agreements,
make intergovernmental personnel appointments, provide funding,
and make grants in carrying out the duties under this
subsection.
``(d) San Francisco Bay Program Advisory Committee.--
``(1) In general.--The Administrator shall establish a San
Francisco Bay Program Advisory Committee to provide advice to
the Administrator on the implementation of the identified goals
and objectives of the comprehensive plan.
``(2) Composition.--The Committee shall consist of the
Director and Steering Committee of the San Francisco Estuary
Partnership, and representatives of appropriate Federal and
State departments and agencies that may affect or implement
projects or programs identified in the comprehensive plan.
Participation on the Committee shall be voluntary for any
individual that is not an employee of the Federal Government.
``(3) Chairperson.--The Director shall serve as the
chairperson of the Committee.
``(4) Meetings.--The Committee shall meet at least twice
per year--
``(A) to assess the progress of the Office in
meeting the identified goals and objectives of the
comprehensive plan;
``(B) to identify improvements necessary for
meeting the identified goals and objectives of the
comprehensive plan; and
``(C) to assess Federal department and agency
budget needs with respect to implementing the
comprehensive plan.
``(5) Compensation of members.--A member of the Committee
shall serve without compensation.
``(6) Travel expenses.--Subject to the availability of
appropriations, the Administrator shall reimburse a member of
the Committee for travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of a
Federal agency under subchapter I of chapter 57 of title 5,
United States Code, while away from home or the regular place
of business of the member in performance of services for the
Committee.
``(e) Report.--Not later than one year after the date of enactment
of this section, and biennially thereafter, the Administrator, in
consultation with the Director of the San Francisco Estuary
Partnership, shall submit to Congress a report that--
``(1) summarizes progress with respect to implementing the
comprehensive plan and achieving the identified goals and
objectives described in the comprehensive plan;
``(2) summarizes any modifications to the comprehensive
plan made in the 2-year period preceding such report;
``(3) includes specific recommendations for implementation
of the comprehensive plan; and
``(4) summarizes the roles and progress of each Federal
department or agency that has jurisdiction in the San Francisco
Bay with respect to meeting the identified goals and objectives
of the comprehensive plan.
``(f) Implementation of Comprehensive Plan.--
``(1) In general.--The Administrator, acting through the
Director and in consultation with the San Francisco Estuary
Partnership, shall carry out projects, programs, and studies to
implement the comprehensive plan.
``(2) Priority projects, programs, and studies.--In
carrying out paragraph (1), the Administrator shall give
priority to projects, programs, and studies that are identified
as priorities by the San Francisco Estuary Partnership in the
comprehensive plan.
``(3) Grants.--
``(A) In general.--The Administrator, acting
through the Director, is authorized to make grants for
projects, programs, and studies to implement the
comprehensive plan.
``(B) Allocations.--In making grants under this
paragraph, the Administrator shall use--
``(i) 2.5 percent of the funds appropriated
for making grants under this paragraph for a
fiscal year to make a comprehensive grant to
the San Francisco Estuary Partnership to manage
implementation of the comprehensive plan; and
``(ii) 97.5 percent of funds appropriated
for making grants under this paragraph for a
fiscal year to make grants to State and
regional water pollution control agencies and
entities, including the San Francisco Estuary
Partnership, federally recognized Indian
tribes, State coastal zone management agencies,
local governments, and public or nonprofit
private agencies, institutions, or
organizations to implement projects, programs,
and studies that advance implementation of the
comprehensive plan.
``(C) Grant eligibility.--An entity shall be
eligible for grants under this paragraph only if grant
funds shall be used for projects, programs, and studies
that are pursuant to the comprehensive plan.
``(4) Federal share.--
``(A) Management grants.--The Federal share of the
cost of management activities carried out using funds
from a grant under paragraph (3)(B)(i) shall not exceed
75 percent.
``(B) Project, program, and study grants.--The
Federal share of the cost of a project, program, or
study carried out using funds from a grant under
paragraph (3)(B)(ii) shall not exceed 50 percent.
``(g) Annual Budget Plan.--The President, as part of the annual
budget submission of the President under section 1105 of title 31,
United States Code, shall submit information regarding each Federal
department and agency involved in San Francisco Bay protection and
restoration, including--
``(1) a report that displays for each Federal agency--
``(A) the amounts obligated in the preceding fiscal
year for protection and restoration projects, programs,
and studies relating to the San Francisco Bay; and
``(B) the proposed budget for protection and
restoration projects, programs, and studies relating to
the San Francisco Bay; and
``(2) a description and assessment of the Federal role in
the implementation of the comprehensive plan and the specific
role of each Federal department and agency involved in San
Francisco Bay protection and restoration, including specific
projects, programs, and studies conducted or planned to achieve
the identified goals and objectives of the comprehensive plan.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section
$100,000,000 for each of fiscal years 2011 through 2021. Such sums
shall remain available until expended.''. | San Francisco Bay Improvement Act of 2010 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a San Francisco Bay Program Office, to be located at EPA's region nine headquarters; and (2) appoint a Director of the Office.
Requires the Administrator, acting through the Director, to: (1) assist and support the implementation of the comprehensive conservation and management plan for the San Francisco Bay; (2) provide funding and make grants for implementation of the comprehensive plan and related projects; (3) promote methodologies and technologies that are cost-effective and consistent with the goals and objectives of the comprehensive plan and the EPA permitting processes; (4) coordinate the major functions of the federal government relating to the implementation of the comprehensive plan; (5) coordinate the research and planning projects authorized under this Act with the San Francisco Estuary Partnership, federal agencies, state agencies, local governments, federally recognized Indian tribes, universities, and other public or nonprofit private organizations; (6) track progress with respect to meeting the identified goals and objectives of the comprehensive plan; and (7) collect and make available to the public publications and information relating to the environmental quality of the San Francisco Bay.
Requires the Administrator to establish a San Francisco Bay Program Advisory Committee to provide advice on the implementation of the comprehensive plan's goals and objectives.
Requires the Administrator, in consultation with the Director of the Partnership, to a report, biennially, to Congress on implementation of the comprehensive plan.
Requires the Administrator, acting through the Director and in consultation with the Partnership, to make grants for projects, programs, and studies to implement the comprehensive plan. Authorizes the Director to make: (1) a comprehensive grant to the Partnership to manage such implementation; and (2) grants to state and regional water pollution control agencies and entities for projects, programs, and studies that advance implementation of the comprehensive plan.
Requires the President, as part of the annual budget, to submit information regarding expenditures and roles of each federal agency involved in San Francisco Bay protection and restoration. | To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of the San Francisco Bay, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Loan Enhancement
Act''.
SEC. 2. LOANS FOR PLANT ACQUISITION, CONSTRUCTION, CONVERSION, AND
EXPANSION.
(a) Public Policy Goals.--Section 501(d)(3)(C) of the Small
Business Investment Act of 1958 (15 U.S.C. 695(d)(3)(C)) is amended by
inserting ``or women-owned business development'' before the comma.
(b) Real Estate Appraisals.--Section 502(3) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(3)) is amended by adding at the
end the following:
``(F) Real estate appraisals.--
``(i) Loans exceeding $250,000.--
Notwithstanding any other provision of law, if
a loan under this section involves the use of
more than $250,000 of the loan proceeds for a
real estate transaction, prior to disbursement
of the loan, the Administrator shall require an
appraisal of the real estate by a State
licensed or certified appraiser.
``(ii) Loans of $250,000 or less.--
Notwithstanding any other provision of law, if
a loan under this subsection involves the use
of $250,000 or less of the loan proceeds for a
real estate transaction, prior to disbursement
of the loan, the participating lender may, in
accordance with the policy of the participating
lender with respect to loans made without a
government guarantee, require an appraisal of
the real estate by a State licensed or
certified appraiser.
``(iii) Definition.--In this subparagraph,
the term `real estate transaction' includes the
acquisition or construction of land or a
building and any improvement to land or to a
building.''.
SEC. 3. SECTION 7(A) LOAN PROGRAM.
(a) Year 2000 Technology Requirements.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended, in the matter preceding
paragraph (1), by inserting ``and to assist small business concerns in
meeting technology requirements for the Year 2000,'' after ``and
working capital,''.
(b) Real Estate Appraisals.--Section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) is amended by adding at the end the following:
``(27) Real estate appraisals.--
``(A) Loans exceeding $250,000.--Notwithstanding
any other provision of law, if a loan guaranteed under
this subsection involves the use of more than $250,000
of the loan proceeds for a real estate transaction,
prior to disbursement of the loan, the Administrator
shall require an appraisal of the real estate by a
State licensed or certified appraiser.
``(B) Loans of $250,000 or less.--Notwithstanding
any other provision of law, if a loan guaranteed under
this subsection involves the use of $250,000 or less of
the loan proceeds for a real estate transaction, prior
to disbursement of the loan, the participating lender
may, in accordance with the policy of the participating
lender with respect to loans made without a government
guarantee, require an appraisal of the real estate by a
State licensed or certified appraiser.
``(C) Definition.--In this paragraph, the term
`real estate transaction' includes the acquisition or
construction of land or a building and any improvement
to land or to a building.''.
(c) Interest Rates.--Section 7(a)(4) of the Small Business Act (15
U.S.C. 636(a)(4)) is amended--
(1) by striking ``(4)'' and all that follows through
``Notwithstanding'' and inserting the following:
``(4) Interest rates.--Notwithstanding''; and
(2) by striking subparagraph (B).
SEC. 4. MICROLOAN PROGRAM.
Section 7(m)(3)(D) of the Small Business Act (15 U.S.C.
636(m)(3)(D)) is amended--
(1) in the first sentence, by striking ``The
Administrator'' and inserting the following:
``(i) In general.--The Administrator''; and
(2) by striking the second sentence and inserting the
following:
``(ii) Level of loan loss reserve fund.--
``(I) In general.--Subject to
subclause (II), the Administration
shall require the loan loss reserve
fund to be maintained at a level equal
to not more than 15 percent of the
outstanding balance of the microloans
owed to the intermediary.
``(II) Reduction of loan loss
reserve requirement.--After the initial
5 years of an intermediary's
participation in the program under this
subsection, upon the initial request of
the intermediary made at any time after
that period, the Administrator shall
annually conduct a review of the
average annual loss rate of the
intermediary and, if the intermediary
demonstrates to the satisfaction of the
Administrator that the average annual
loss rate for the intermediary during
the preceding 5-year period is less
than 15 percent, and the Administrator
determines that no other factor exists
that is likely to impair the ability of
the intermediary to repay all
obligations owed to the Administration
under this subsection, the
Administrator shall reduce that annual
loan loss reserve requirement to
reflect the actual average annual loss
rate for that intermediary during that
period, except that in no case shall
the loan loss reserve requirement for
an intermediary be reduced to less than
10 percent of the outstanding balance
of the microloans owed to the
intermediary.''. | Small Business Loan Enhancement Act - Amends the Small Business Investment Act (SBIA): (1) to include women-owned business development among the public policy goals for projects eligible for small business development company loans; and (2) to direct the Administrator of the Small Business Adminstration to require an appraisal of real estate if a loan made for plant acquisition, construction, conversion or expansion includes more than $250,000 for a real estate transaction, or to authorize the lender to require such an appraisal if the loan involves the use of $250,000 or less for such a transaction.
Amends the Small Business Act to: (1) authorize loans to small businesses for assistance in meeting Year 2000 technology requirements; and (2) set forth the same real estate appraisal requirements for loans under such Act as prescribed for SBIA loans above.
Repeals provisions concerning the payment of accrued interest with respect to SBA-guaranteed small business loans.
Amends the SBA's Microloan Program to: (1) require its loan loss reserve fund to be maintained at a level equal to not more than 15 percent of the outstanding balance of the microloans owed to the intermediary; and (2) allow such fund to be reduced below such level if the intermediary can demonstrate to the Administrator, after a five-year participation period, that the average loan loss rate during such period is less than 15 percent, and the Administrator determines that no other factors are likely to impair the intermediary's ability to repay all obligations owed to the SBA. Directs the Administrator to then reduce such rate accordingly, except that such rate cannot be reduced to less than ten percent of the outstanding balance of the microloans owed to such intermediary. | Small Business Loan Enhancement Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Terrorist Access to
Destructive Weapons Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The criminal use of man-portable air defense systems
(MANPADS) presents a serious threat to civil aviation
worldwide, especially in the hands of terrorists or foreign
states that harbor them.
(2) Atomic weapons or weapons designed to release radiation
(``dirty bombs'') could be used by terrorists to inflict
enormous loss of life and damage to property and the
environment.
(3) Variola virus is the causative agent of smallpox, an
extremely serious, contagious, and sometimes fatal disease.
Variola virus is classified as a Category A agent by the
Centers for Disease Control and Prevention, meaning that it is
believed to pose the greatest potential threat for adverse
public health impact and has a moderate to high potential for
large-scale dissemination. The last case of smallpox in the
United States was in 1949. The last naturally occurring case in
the world was in Somalia in 1977. Although smallpox has been
officially eradicated after a successful worldwide vaccination
program, there remain two official repositories of the variola
virus for research purposes. Because it is so dangerous, the
variola virus may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS, atomic
or radiological weapons, or the variola virus, against the
United States, its allies, or its people, poses a grave risk to
the security, foreign policy, economy, and environment of the
United States. Accordingly, the United States has a compelling
national security interest in preventing unlawful activities
that lead to the proliferation or spread of such items,
including their unauthorized production, construction,
acquisition, transfer, possession, import, or export. All of
these activities markedly increase the chances that such items
will be obtained by terrorist organizations or rogue states,
which could use them to attack the United States, its allies,
or United States nationals or corporations.
(5) There is no legitimate reason for a private individual
or company, absent explicit government authorization, to
produce, construct, otherwise acquire, transfer, receive,
possess, import, export, or use MANPADS, atomic or radiological
weapons, or the variola virus.
(b) Purpose.--The purpose of this Act is to combat the potential
use of weapons that have the ability to cause widespread harm to United
States persons and the United States economy (and that have no
legitimate private use) and to threaten or harm the national security
or foreign relations of the United States.
SEC. 3. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2332f the following:
``Sec. 2332g. Missile systems designed to destroy aircraft
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (3), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use--
``(A) an explosive or incendiary rocket or missile
that is guided by any system designed to enable the
rocket or missile to--
``(i) seek or proceed toward energy
radiated or reflected from an aircraft or
toward an image locating an aircraft; or
``(ii) otherwise direct or guide the rocket
or missile to an aircraft;
``(B) any device designed or intended to launch or
guide a rocket or missile described in subparagraph
(A); or
``(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a
rocket, missile, or device described in subparagraph
(A) or (B).
``(2) Nonweapon.--Paragraph (1)(A) does not apply to any
device that is neither designed nor redesigned for use as a
weapon.
``(3) Excluded conduct.--This subsection does not apply
with respect to--
``(A) conduct by or under the authority of the
United States or any department or agency thereof or of
a State or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract
with the United States or any department or agency
thereof or with a State or any department or agency
thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of
imprisonment not less than 30 years or to imprisonment for
life.
``(2) Life imprisonment.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from
a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by death or
imprisoned for life.
``(d) Definition.--As used in this section, the term `aircraft' has
the definition set forth in section 40102(a)(6) of title 49, United
States Code.''.
SEC. 4. ATOMIC WEAPONS.
(a) Prohibitions.--Section 92 of the Atomic Energy Act of 1954 (42
U.S.C. 2122) is amended by--
(1) inserting at the beginning ``a.'' before ``It'';
(2) inserting ``knowingly'' after ``for any person to'';
(3) striking ``or'' before ``export'';
(4) striking ``transfer or receive in interstate or foreign
commerce,'' before ``manufacture'';
(5) inserting ``receive,'' after ``acquire,'';
(6) inserting ``, or use, or possess and threaten to use,''
before ``any atomic weapon'';
(7) inserting at the end the following:
``b. Conduct prohibited by subsection a. is within the jurisdiction
of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce; the offense occurs outside of the United
States and is committed by a national of the United States;
``(2) the offense is committed against a national of the
United States while the national is outside the United States;
``(3) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(4) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.''.
(b) Violations.--Section 222 of the Atomic Energy Act of 1954 (42
U.S.C. 2272) is amended by--
(1) inserting at the beginning ``a.'' before ``Whoever'';
(2) striking ``, 92,''; and
(3) inserting at the end the following:
``b. Any person who violates, or attempts or conspires to violate,
section 92 shall be fined not more than $2,000,000 and sentenced to a
term of imprisonment not less than 30 years or to imprisonment for
life. Any person who, in the course of a violation of section 92, uses,
attempts or conspires to use, or possesses and threatens to use, any
atomic weapon shall be fined not more than $2,000,000 and imprisoned
for life. If the death of another results from a person's violation of
section 92, the person shall be fined not more than $2,000,000 and
punished by death or imprisoned for life.''.
SEC. 5. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by adding
after section 2332g the following:
``Sec. 2332h. Radiological dispersal devices
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce,
construct, otherwise acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use--
``(A) any weapon that is designed or intended to
release radiation or radioactivity at a level dangerous
to human life; or
``(B) or any device or other object that is capable
of and designed or intended to endanger human life
through the release of radiation or radioactivity.
``(2) Exception.--This subsection does not apply with
respect to--
``(A) conduct by or under the authority of the
United States or any department or agency thereof; or
``(B) conduct pursuant to the terms of a contract
with the United States or any department or agency
thereof.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of
imprisonment not less than 30 years or to imprisonment for
life.
``(2) Life imprisonment.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from
a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by death or
imprisoned for life.''.
SEC. 6. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by inserting
after section 175b the following:
``Sec. 175c. Variola virus
``(a) Unlawful Conduct.--
``(1) In general.--Except as provided in paragraph (2), it
shall be unlawful for any person to knowingly produce,
engineer, synthesize, acquire, transfer directly or indirectly,
receive, possess, import, export, or use, or possess and
threaten to use, variola virus.
``(2) Exception.--This subsection does not apply to conduct
by, or under the authority of, the Secretary of Health and
Human Services.
``(b) Jurisdiction.--Conduct prohibited by subsection (a) is within
the jurisdiction of the United States if--
``(1) the offense occurs in or affects interstate or
foreign commerce;
``(2) the offense occurs outside of the United States and
is committed by a national of the United States;
``(3) the offense is committed against a national of the
United States while the national is outside the United States;
``(4) the offense is committed against any property that is
owned, leased, or used by the United States or by any
department or agency of the United States, whether the property
is within or outside the United States; or
``(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an
offense under this section or conspires with any person over
whom jurisdiction exists under this subsection to commit an
offense under this section.
``(c) Criminal Penalties.--
``(1) In general.--Any person who violates, or attempts or
conspires to violate, subsection (a) shall be fined not more
than $2,000,000 and shall be sentenced to a term of
imprisonment not less than 30 years or to imprisonment for
life.
``(2) Life imprisonment.--Any person who, in the course of
a violation of subsection (a), uses, attempts or conspires to
use, or possesses and threatens to use, any item or items
described in subsection (a), shall be fined not more than
$2,000,000 and imprisoned for life.
``(3) Death penalty.--If the death of another results from
a person's violation of subsection (a), the person shall be
fined not more than $2,000,000 and punished by death or
imprisoned for life.
``(d) Definition.--As used in this section, the term `variola
virus' means a virus that can cause human smallpox or any derivative of
the variola major virus that contains more than 85 percent of the gene
sequence of the variola major virus or the variola minor virus.''.
SEC. 7. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting ``2122 and'' after
``sections'';
(2) in paragraph (c), by inserting ``section 175c (relating
to variola virus),'' after ``section 175 (relating to
biological weapons),''; and
(3) in paragraph (q), by inserting ``2332g, 2332h,'' after
``2332f,''.
SEC. 8. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED STATES
CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is
amended--
(1) in clause (i)--
(A) by inserting before ``2339 (relating to
harboring terrorists)'' the following: ``2332g
(relating to missile systems designed to destroy
aircraft), 2332h (relating to radiological dispersal
devices),''; and
(B) by inserting ``175c (relating to variola
virus),'' after ``175 or 175b (relating to biological
weapons),''; and
(2) in clause (ii)--
(A) by striking ``section'' and inserting
``sections 92 (relating to prohibitions governing
atomic weapons) or''; and
(B) by inserting ``2122 or'' before ``2284''.
SEC. 9. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED STATES
CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after ``section 152 (relating to
concealment of assets; false oaths and claims; bribery),'' the
following: ``section 175c (relating to the variola virus),'';
(2) by inserting after ``section 2332(b) (relating to
international terrorist acts transcending national
boundaries),'' the following: ``section 2332g (relating to
missile systems designed to destroy aircraft), section 2332h
(relating to radiological dispersal devices),''; and
(3) striking ``or'' after ``any felony violation of the
Foreign Agents Registration Act of 1938,'' and after ``any
felony violation of the Foreign Corrupt Practices Act'',
striking ``;'' and inserting ``, or section 92 of the Atomic
Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions
governing atomic weapons)''.
SEC. 10. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778)
is amended--
(1) by striking ``or'' before ``(xi)''; and
(2) by inserting after clause (xi) the following: ``or
(xii) section 3, 4, 5, and 6 of the Prevention of Terrorist
Access to Destructive Weapons Act of 2004, relating to missile
systems designed to destroy aircraft (18 U.S.C. 2332g),
prohibitions governing atomic weapons (42 U.S.C. 2122),
radiological dispersal devices (18 U.S.C. 2332h), and variola
virus (18 U.S.C. 175b);''.
SEC. 11. CLERICAL AMENDMENTS.
(a) Chapter 113B.--The table of sections for chapter 113B of title
18, United States Code, is amended by inserting the following after the
item for section 2332f:
``2332g. Missile systems designed to destroy aircraft.
``2332h. Radiological dispersal devices.''.
(b) Chapter 10.--The table of sections for chapter 10 of title 18,
United States Code, is amended by inserting the following item after
the item for section 175b:
``175c. Variola virus.''. | Prevention of Terrorist Access to Destructive Weapons Act of 2004 - Amends the Federal criminal code to prohibit knowingly producing, acquiring, transferring, possessing, using, or threatening to use: (1) an explosive or incendiary rocket designed as a weapon to seek an aircraft; (2) any device to launch or guide such rocket; (3) parts designed for use in assembling or fabricating such a rocket or device; (4) any weapon designed or intended to release radiation or radioactivity at a level dangerous to human life; (5) any object capable of and designed or intended to endanger human life; or (6) the variola virus. (Makes exceptions for specified governmental conduct.)
Amends the Atomic Energy Act to expand the scope of provisions governing atomic weapons to prohibit transferring or receiving in interstate or foreign commerce, using, or possessing and threatening to use an atomic weapon.
Sets forth provisions regarding: (1) when such prohibited conduct shall be considered to have occurred within the jurisdiction of the United States; and (2) applicable criminal penalties, including the death penalty.
Expands the scope of Arms Export Control Act licensing provisions and Federal criminal code provisions regarding interception of communications, acts of terrorism transcending national boundaries, and money laundering to cover offenses under this Act. | To combat terrorism, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Restoration and Irrigation
Mitigation Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Pacific ocean drainage area.--The term ``Pacific Ocean
drainage area'' means the area comprised of portions of the States
of Oregon, Washington, Montana, and Idaho from which water drains
into the Pacific Ocean.
(2) Program.--The term ``Program'' means the Fisheries
Restoration and Irrigation Mitigation Program established by
section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the United States Fish
and Wildlife Service.
SEC. 3. ESTABLISHMENT OF THE PROGRAM.
(a) Establishment.--There is established the Fisheries Restoration
and Irrigation Mitigation Program within the Department of the
Interior.
(b) Goals.--The goals of the Program are--
(1) to decrease fish mortality associated with the withdrawal
of water for irrigation and other purposes without impairing the
continued withdrawal of water for those purposes; and
(2) to decrease the incidence of juvenile and adult fish
entering water supply systems.
(c) Impacts on Fisheries.--
(1) In general.--Under the Program, the Secretary, in
consultation with the heads of other appropriate agencies, shall
develop and implement projects to mitigate impacts to fisheries
resulting from the construction and operation of water diversions
by local governmental entities (including soil and water
conservation districts) in the Pacific Ocean drainage area.
(2) Types of projects.--Projects eligible under the Program may
include--
(A) the development, improvement, or installation of--
(i) fish screens;
(ii) fish passage devices; and
(iii) other related features agreed to by non-Federal
interests, relevant Federal and tribal agencies, and
affected States; and
(B) inventories by the States on the need and priority for
projects described in clauses (i) through (iii).
(3) Priority.--The Secretary shall give priority to any project
that has a total cost of less than $5,000,000.
SEC. 4. PARTICIPATION IN THE PROGRAM.
(a) Non-Federal.--
(1) In general.--Non-Federal participation in the Program shall
be voluntary.
(2) Federal action.--The Secretary shall take no action that
would result in any non-Federal entity being held financially
responsible for any action under the Program, unless the entity
applies to participate in the Program.
(b) Federal.--Development and implementation of projects under the
Program on land or facilities owned by the United States shall be
nonreimbursable Federal expenditures.
SEC. 5. EVALUATION AND PRIORITIZATION OF PROJECTS.
Evaluation and prioritization of projects for development under the
Program shall be conducted on the basis of--
(1) benefits to fish species native to the project area,
particularly to species that are listed as being, or considered by
Federal or State authorities to be, endangered, threatened, or
sensitive;
(2) the size and type of water diversion;
(3) the availability of other funding sources;
(4) cost effectiveness; and
(5) additional opportunities for biological or water delivery
system benefits.
SEC. 6. ELIGIBILITY REQUIREMENTS.
(a) In General.--A project carried out under the Program shall not
be eligible for funding unless--
(1) the project meets the requirements of the Secretary, as
applicable, and any applicable State requirements; and
(2) the project is agreed to by all Federal and non-Federal
entities with authority and responsibility for the project.
(b) Determination of Eligibility.--In determining the eligibility
of a project under this Act, the Secretary shall--
(1) consult with other Federal, State, tribal, and local
agencies; and
(2) make maximum use of all available data.
SEC. 7. COST SHARING.
(a) Non-Federal Share.--The non-Federal share of the cost of
development and implementation of any project under the Program on land
or at a facility that is not owned by the United States shall be 35
percent.
(b) Non-Federal Contributions.--The non-Federal participants in any
project under the Program on land or at a facility that is not owned by
the United States shall provide all land, easements, rights-of-way,
dredged material disposal areas, and relocations necessary for the
project.
(c) Credit for Contributions.--The value of land, easements,
rights-of-way, dredged material disposal areas, and relocations
provided under subsection (b) for a project shall be credited toward
the non-Federal share of the costs of the project.
(d) Additional Costs.--
(1) Non-federal responsibilities.--The non-Federal participants
in any project carried out under the Program on land or at a
facility that is not owned by the United States shall be
responsible for all costs associated with operating, maintaining,
repairing, rehabilitating, and replacing the project.
(2) Federal responsibility.--The Federal Government shall be
responsible for costs referred to in paragraph (1) for projects
carried out on Federal land or at a Federal facility.
SEC. 8. LIMITATION ON ELIGIBILITY FOR FUNDING.
A project that receives funds under this Act shall be ineligible to
receive Federal funds from any other source for the same purpose.
SEC. 9. REPORT.
On the expiration of the third fiscal year for which amounts are
made available to carry out this Act, the Secretary shall submit to
Congress a report describing--
(1) the projects that have been completed under this Act;
(2) the projects that will be completed with amounts made
available under this Act during the remaining fiscal years for
which amounts are authorized to be appropriated under section 10;
and
(3) recommended changes to the Program as a result of projects
that have been carried out under this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $25,000,000 for each of fiscal years 2001 through 2005.
(b) Limitations.--
(1) Single state.--
(A) In general.--Except as provided in subparagraph (B),
not more than 25 percent of the total amount of funds made
available under this section may be used for one or more
projects in any single State.
(B) Waiver.--On notification to Congress, the Secretary may
waive the limitation under subparagraph (A) if a State is
unable to use the entire amount of funding made available to
the State under this Act.
(2) Administrative expenses.--Not more than 6 percent of the
funds authorized under this section for any fiscal year may be used
for Federal administrative expenses of carrying out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes projects that receive funds under this Act ineligible to receive Federal funds from any other source for the same purpose.
Authorizes appropriations. | Fisheries Restoration and Irrigation Mitigation Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Space Transportation
Competitiveness Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a robust United States space transportation industry is
vital to the Nation's economic well-being and national security;
(2) enactment of a 5-year extension of the excess third party
claims payment provision of chapter 701 of title 49, United States
Code (Commercial Space Launch Activities), will have a beneficial
impact on the international competitiveness of the United States
space transportation industry;
(3) space transportation may evolve into airplane-style
operations;
(4) during the next 3 years the Federal Government and the
private sector should analyze the liability risk-sharing regime to
determine its appropriateness and effectiveness, and, if needed,
develop and propose a new regime to Congress at least 2 years prior
to the expiration of the extension contained in this Act;
(5) the areas of responsibility of the Office of the Associate
Administrator for Commercial Space Transportation have
significantly increased as a result of--
(A) the rapidly expanding commercial space transportation
industry and associated government licensing requirements;
(B) regulatory activity as a result of the emerging
commercial reusable launch vehicle industry; and
(C) the increased regulatory activity associated with
commercial operation of launch and reentry sites; and
(6) the Office of the Associate Administrator for Commercial
Space Transportation should continue to limit its promotional
activities to those which support its regulatory mission.
SEC. 3. OFFICE OF COMMERCIAL SPACE TRANSPORTATION.
(a) Amendment.--Section 70119 of title 49, United States Code, is
amended to read as follows:
``Sec. 70119. Office of Commercial Space Transportation
``There are authorized to be appropriated to the Secretary of
Transportation for the activities of the Office of the Associate
Administrator for Commercial Space Transportation--
``(1) $12,607,000 for fiscal year 2001; and
``(2) $16,478,000 for fiscal year 2002.''.
(b) Table of Sections Amendment.--The item relating to section
70119 in the table of sections of chapter 701 of title 49, United
States Code, is amended to read as follows:
``70119. Office of Commercial Space Transportation.''.
SEC. 4. OFFICE OF SPACE COMMERCIALIZATION.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce for the activities of the
Office of Space Commercialization--
(1) $590,000 for fiscal year 2001;
(2) $608,000 for fiscal year 2002; and
(3) $626,000 for fiscal year 2003.
(b) Report to Congress.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Commerce shall transmit to
the Congress a report on the Office of Space Commercialization
detailing the activities of the Office, the materials produced by the
Office, the extent to which the Office has fulfilled the functions
established for it by the Congress, and the extent to which the Office
has participated in interagency efforts.
SEC. 5. COMMERCIAL SPACE TRANSPORTATION INDEMNIFICATION EXTENSION.
(a) In General.--If, on the date of the enactment of this Act,
section 70113(f) of title 49, United States Code, has not been amended
by the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2001, then
that section is amended by striking ``December 31, 2000'' and inserting
``December 31, 2004''.
(b) Amendment of Modified Section.--If, on the date of the
enactment of this Act, section 70113(f) of title 49, United States
Code, has been amended by the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2001, then that section is amended by striking ``December 31,
2001'' and inserting ``December 31, 2004''.
SEC. 6. TECHNICAL AMENDMENT TO SECTION 70113 OF TITLE 49.
(a) Section 70113 of title 49, United States Code, is amended by
striking ``------, 19----.','' in subsection (e)(1)(A) and inserting
``------, 20----.',''.
(b) The amendment made by subsection (a) takes effect on January 1,
2000.
SEC. 7. LIABILITY REGIME FOR COMMERCIAL SPACE TRANSPORTATION.
(a) Report Requirement.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation shall
transmit to the Congress a report on the liability risk-sharing regime
in the United States for commercial space transportation.
(b) Contents.--The report required by this section shall--
(1) analyze the adequacy, propriety, and effectiveness of, and
the need for, the current liability risk-sharing regime in the
United States for commercial space transportation;
(2) examine the current liability and liability risk-sharing
regimes in other countries with space transportation capabilities;
(3) examine the appropriateness of deeming all space
transportation activities to be ``ultrahazardous activities'' for
which a strict liability standard may be applied and which
liability regime should attach to space transportation activities,
whether ultrahazardous activities or not;
(4) examine the effect of relevant international treaties on
the Federal Government's liability for commercial space launches
and how the current domestic liability risk-sharing regime meets or
exceeds the requirements of those treaties;
(5) examine the appropriateness, as commercial reusable launch
vehicles enter service and demonstrate improved safety and
reliability, of evolving the commercial space transportation
liability regime towards the approach of the airline liability
regime;
(6) examine the need for changes to the Federal Government's
indemnification policy to accommodate the risks associated with
commercial spaceport operations; and
(7) recommend appropriate modifications to the commercial space
transportation liability regime and the actions required to
accomplish those modifications.
(c) Sections.--The report required by this section shall contain
sections expressing the views and recommendations of--
(1) interested Federal agencies, including--
(A) the Office of the Associate Administrator for
Commercial Space Transportation;
(B) the National Aeronautics and Space Administration;
(C) the Department of Defense; and
(D) the Office of Space Commercialization; and
(2) the public, received as a result of notice in Commerce
Business Daily, the Federal Register, and appropriate Federal
agency Internet websites.
SEC. 8. AUTHORIZATION OF INTERAGENCY SUPPORT FOR GLOBAL POSITIONING
SYSTEM.
The use of interagency funding and other forms of support is hereby
authorized by Congress for the functions and activities of the
Interagency Global Positioning System Executive Board, including an
Executive Secretariat to be housed at the Department of Commerce.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes appropriations for FY 2001 through 2003 for activities of the Office of Space Commercialization. Directs the Secretary of Commerce to report to Congress on such Office.
Extends, through December 31, 2004, the Act's commercial space launch industry damage indemnification provisions.
Directs the Secretary to report to Congress on the liability risk-sharing regime in the United States for commercial space transportation.
Authorizes the use of interagency funding and other forms of support for the functions and activities of the Interagency Global Positioning System Executive Board, including an Executive Secretariat to be housed at the Department of Commerce. | Commercial Space Transportation Competitiveness Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Education Enhancement Act
of 2016''.
SEC. 2. CHARGE TO ENTITLEMENT FOR CERTAIN LICENSURE AND CERTIFICATION
TESTS AND NATIONAL TESTS UNDER DEPARTMENT OF VETERANS
AFFAIRS POST-9/11 EDUCATIONAL ASSISTANCE PROGRAM.
(a) Licensure and Certification Tests.--Section 3315(c) of title
38, United States Code, is amended by striking ``shall be determined''
and all that follows and inserting ``shall be pro-rated based on the
actual amount of the fee charged for the test''.
(b) National Tests.--Section 3315A of such title is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(3) A national test that evaluates prior learning and
knowledge and provides an opportunity for course credit at an
institution of higher learning as so described.''; and
(2) in subsection (c), by striking ``shall be determined''
and all that follows and inserting ``shall be pro-rated based
on the actual amount of the fee charged for the test''.
(c) Effective Date.--The amendments made by this Act shall apply to
a test taken after the date that is 90 days after the date of the
enactment of this Act.
SEC. 3. MODIFICATION OF PERCENTAGE INCREASE IN RATES PAYABLE UNDER
DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE
PROGRAMS.
(a) All-Volunteer Force.--Section 3015(h)(2) of title 38, United
States Code, is amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2025''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2024''.
(b) Survivors and Dependents.--Section 3564(b) of such title is
amended--
(1) by striking ``fiscal year 2014'' and inserting ``fiscal
year 2025''; and
(2) by striking ``fiscal year 2013'' and inserting ``fiscal
year 2024''.
SEC. 4. EXTENSION OF AUTHORITY FOR VETERANS' ADVISORY COMMITTEE ON
EDUCATION.
Section 3692(c) of such title is amended by striking ``December 31,
2016'' and inserting ``December 31, 2021''.
SEC. 5. TRAINING FOR SCHOOL CERTIFYING OFFICIALS.
(a) Training Requirement.--The Secretary of Veterans Affairs shall,
in consultation with the State approving agencies, set forth
requirements relating to training for school certifying officials
employed by covered educational institutions offering courses of
education approved under chapter 36 of title 38, United States Code. If
a covered educational institution does not ensure that a school
certifying official employed by the educational institution meets such
requirements, the Secretary may disapprove any course of education
offered by such educational institution.
(b) Definitions.--In this section:
(1) The term ``covered educational institution'' means an
educational institution that has enrolled 20 or more
individuals using educational assistance under title 38, United
States Code.
(2) The term ``school certifying official'' means an
employee of an educational institution with primary
responsibility for certifying veteran enrollment at the
educational institution.
(3) The term ``State approving agency'' means a department
or agency of a State designated under section 3671 of title 38,
United States Code.
SEC. 6. REDUCTION OF AMOUNT OF HOUSING STIPEND PAYMENTS FOR REDUCTION
OF COURSE HOURS.
(a) In General.--Subsection (i) of section 3313 of title 38, United
States Code, is amended to read as follows:
``(i) Determination of Housing Stipend Payments.--
``(1) In general.--Any monthly housing stipend payable
under this section during the academic year beginning on August
1 of a calendar year shall be determined utilizing rates for
basic allowances for housing payable under section 403 of title
37 in effect as of January 1 of such calendar year.
``(2) Reduction in cases of dropped classes.--In the case
of any individual who receives a monthly housing stipend
payable under this section who reduces the number of course
hours borne by the individual after the beginning of an
academic period, the Secretary shall reduce the amount of the
monthly housing stipend payable to the individual accordingly
on a pro rata basis. If the Secretary determines that an
individual received a monthly housing stipend at the beginning
of a month and that the individual reduced the number of course
hours borne by the individual such that the individual was not
entitled to the full amount of the payment received for that
month, the Secretary may reduce the amount payable to the
individual for the subsequent month by an amount equal to the
amount of the overpayment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to a month that begins on or after August 1, 2017.
SEC. 7. LIMITATION ON USE OF REPORTING FEES PAYABLE TO EDUCATIONAL
INSTITUTIONS AND JOINT APPRENTICESHIP TRAINING
COMMITTEES.
Section 3684(c) of title 38, United States Code, is amended to read
as follows:
``(c)(1) The Secretary may pay to any educational institution, or
to the sponsor of a program of apprenticeship, furnishing education or
training under either this chapter or chapter 31, 34, or 35 of this
title, a reporting fee which will be in lieu of any other compensation
or reimbursement for reports or certifications which such educational
institution or joint apprenticeship training committee is required to
submit to the Secretary by law or regulation.
``(2) Such reporting fee shall be computed for each calendar year
by multiplying $12 by the number of eligible veterans or eligible
persons enrolled under this chapter or chapter 31, 34, or 35 of this
title, or $15 in the case of those eligible veterans and eligible
persons whose educational assistance checks are directed in care of
each institution for temporary custody and delivery and are delivered
at the time of registration as provided under section 3680(d)(4) of
this title, during the calendar year. The reporting fee shall be paid
to such educational institution or joint apprenticeship training
committee as soon as feasible after the end of the calendar year for
which it is applicable.
``(3) No reporting fee payable to an educational institution under
this subsection shall be subject to offset by the Secretary against any
liability of such institution for any overpayment for which such
institution may be administratively determined to be liable under
section 3685 of this title unless such liability is not contested by
such institution or has been upheld by a final decree of a court of
appropriate jurisdiction.
``(4) Any reporting fee paid to an educational institution or joint
apprenticeship training committee after the date of the enactment of
the Post-9/11 Veterans Educational Assistance Improvements Act of 2011
(Public Law 111-377)--
``(A) shall be utilized by such institution or committee
solely for the making of certifications required under this
chapter or chapter 31, 34, or 35 of this title or for otherwise
supporting programs for veterans; and
``(B) with respect to an institution that has 75 or more
enrollees described in paragraph (2), may not be used for or
merged with amounts available for the general fund of the
educational institution or joint apprenticeship training
committee.
``(5) The reporting fee payable under this subsection shall be paid
from amounts appropriated for readjustment benefits.''. | Veterans Education Enhancement Act of 2016 This bill revises the fee that is deducted from a veteran's education entitlement under the Department of Veterans Affairs (VA) Post-9/11 educational assistance program from a monthly to a prorated fee for: (1) certain license and certification tests, and (2) national tests. The Veterans' Advisory Committee on Education is extended through December 31, 2021. The VA shall, in consultation with state approving agencies, prescribe training requirements for a school certifying official (SCO) employed by a covered educational institution offering approved veterans education courses. The VA may disapprove any course of education offered by a covered educational institution that does not ensure that an SCO meets such requirements. (A covered educational institution is an institution that has enrolled 20 or more individuals using veterans educational assistance.) The bill extends the applicability of provisions requiring rounding down, and delays the applicability of provisions requiring rounding up, of veterans educational assistance increases for: (1) the All-Volunteer Force, and (2) survivors and dependents. The VA shall reduce the monthly housing stipend on a pro rata basis for a student who reduces his or her course load, effective for a month that begins on or after August 1, 2017. A reporting fee paid by the VA to an educational institution or joint apprenticeship training committee with respect to an institution that has 75 or more enrollees may not be used for or merged with amounts available for the general fund of the educational institution or joint apprenticeship training committee. | Veterans Education Enhancement Act of 2016 |
SECTION 1. READING RESEARCH DISSEMINATION AND IMPLEMENTATION PLAN.
(a) Short Title.--This section may be cited as the ``Reading
Research Dissemination and Implementation Act''.
(b) Findings.--Congress makes the following findings:
(1) The National Reading Panel was convened to assess the
status of research-based knowledge in the area of reading
development and instruction and to evaluate the effectiveness
of various approaches to teaching children to learn to read.
(2) On April 13, 2000, the National Reading Panel issued
its report, ``Teaching Children to Read: An Evidence-Based
Assessment of the Scientific Research Literature on Reading and
its Implications for Reading Instruction''.
(3) The National Reading Panel was to assess the extent to
which instructional approaches found to be effective are ready
for application in the classroom, and to develop a strategy for
rapidly disseminating the information on those approaches to
schools to facilitate effective reading instruction in the
schools.
(4) The National Reading Panel has completed its assessment
of the objective research-based knowledge in the area of
reading development and reading instruction and has identified
several instructional strategies that have been clearly
documented by research to be effective for teaching the range
of reading skills to children of varying reading abilities.
(5) The National Institute of Child Health and Human
Development has developed an initial dissemination strategy to
provide all Members of Congress, all colleges of education, all
State departments of education, and all public libraries in the
Nation with copies of the National Reading Panel's report.
(6) A dissemination of findings, although helpful, does not
typically lead to systematic and genuine implementation of the
critical research findings that inform teacher preparation
practices, classroom instructional practices, and educational
policies.
(7) To ensure that research findings on effective reading
instructional approaches are fully implemented for the
improvement of the education of our Nation's children, a
strategic plan for the dissemination and implementation of the
findings is necessary.
(c) Establishment of Strategic Planning Team.--The Assistant
Secretary of Education for Educational Research and Improvement and the
Director of the National Institute of Child Health and Human
Development of the Department of Health and Human Services shall
jointly convene a strategic planning team to develop the plan required
under subsection (d). The team shall be composed of the following:
(1) The Chairman of the National Reading Panel.
(2) Persons jointly appointed by the convening officials
from among persons who are representative of each of the
following:
(A) The National Institute of Child Health and
Human Development.
(B) The Department of Education.
(C) Teacher professional organizations.
(D) Parents.
(E) Presidents of institutions of higher education.
(F) The teacher education colleges or departments
within institutions of higher education.
(G) Private businesses.
(H) Public libraries.
(I) State boards of education.
(J) State directors of special education.
(K) The Governors of States.
(L) Publishers of reading textbooks.
(d) Plan.--The Strategic Planning Team shall develop and, not later
than December 31, 2000, submit to the Secretary of Education a plan--
(1) to determine--
(A) the extent to which current teacher preparation
for both preservice and inservice training incorporates
the findings of the National Reading Panel; and
(B) how any barriers to the incorporation of those
findings can be changed in order to integrate the
findings into programs to educate and certify teachers;
(2) to identify the deficiencies in instructional
materials, including textbooks and supplementary materials, and
to determine how materials might be designed to correct the
deficiencies in ways that reflect the findings of the National
Reading Panel;
(3) to determine whether there are any barriers in Federal
and State policies that would preclude appropriate adoption of
the National Reading Panel findings; and
(4) to identify specific strategies for collaboration among
businesses, public schools, teacher education programs,
university and college administrators, and teacher-parent
collaborations to guide and ensure that evidence-based
instructional practices are implemented in teacher preparation,
classroom instruction, and Federal and State policies.
(e) Implementation of Plan.--Upon receiving the plan under
subsection (d), the Secretary of Education shall immediately take the
actions necessary to implement the plan. | Directs the SPT to submit to the Secretary of Education a plan that determines and identifies: (1) the extent to which current teacher preparation for both preservice and inservice training incorporates NRP findings, and how barriers to such incorporation can be changed to integrate such findings into programs to educate and certify teachers; (2) deficiencies in instructional materials, and how materials might be designed to correct deficiencies in ways that reflect NRP findings; (3) whether there are barriers in Federal and State policies that would preclude appropriate adoption of NRP findings; and (4) specific strategies for collaboration among businesses, public schools, teacher education programs, university and college administrators, and teacher-parent collaborations to guide and ensure that evidence-based instructional practices are implemented in teacher preparation, classroom instruction, and Federal and State policies.
Directs the Secretary of Education to implement such plan. | Reading Research Dissemination and Implementation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Spoofing Act of 2016''.
SEC. 2. SPOOFING PREVENTION.
(a) Expanding and Clarifying Prohibition on Misleading or
Inaccurate Caller Identification Information.--
(1) Communications from outside the united states.--Section
227(e)(1) of the Communications Act of 1934 (47 U.S.C.
227(e)(1)) is amended by striking ``in connection with any
telecommunications service or IP-enabled voice service'' and
inserting ``or any person outside the United States if the
recipient is within the United States, in connection with any
voice service or text messaging service''.
(2) Coverage of text messages and voice services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is amended--
(A) in subparagraph (A), by striking
``telecommunications service or IP-enabled voice
service'' and inserting ``voice service or a text
message sent using a text messaging service'';
(B) in the first sentence of subparagraph (B), by
striking ``telecommunications service or IP-enabled
voice service'' and inserting ``voice service or a text
message sent using a text messaging service''; and
(C) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text,
images, sounds, or other information that is
transmitted to or from a device that is
identified as the receiving or transmitting
device by means of a 10-digit telephone number
or N11 service code;
``(ii) includes a short message service
(commonly referred to as `SMS') message and a
multimedia message service (commonly referred
to as `MMS') message; and
``(iii) does not include--
``(I) a real-time, two-way voice or
video communication; or
``(II) a message sent over an IP-
enabled messaging service to another
user of the same messaging service,
except a message described in clause
(ii).
``(D) Text messaging service.--The term `text
messaging service' means a service that enables the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'--
``(i) means any service that is
interconnected with the public switched
telephone network and that furnishes voice
communications to an end user using resources
from the North American Numbering Plan or any
successor to the North American Numbering Plan
adopted by the Commission under section
251(e)(1); and
``(ii) includes transmissions from a
telephone facsimile machine, computer, or other
device to a telephone facsimile machine.''.
(3) Technical amendment.--Section 227(e) of the
Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the
heading by inserting ``Misleading or'' before ``Inaccurate''.
(4) Regulations.--
(A) In general.--Section 227(e)(3)(A) of the
Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is
amended by striking ``Not later than 6 months after the
date of enactment of the Truth in Caller ID Act of
2009, the Commission'' and inserting ``The
Commission''.
(B) Deadline.--The Commission shall prescribe
regulations to implement the amendments made by this
subsection not later than 18 months after the date of
enactment of this Act.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date that is 6 months after the date
on which the Commission prescribes regulations under paragraph
(4).
(b) Consumer Education Materials on How To Avoid Scams That Rely
Upon Misleading or Inaccurate Caller Identification Information.--
(1) Development of materials.--Not later than 1 year after
the date of enactment of this Act, the Commission, in
coordination with the Federal Trade Commission, shall develop
consumer education materials that provide information about--
(A) ways for consumers to identify scams and other
fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information; and
(B) existing technologies, if any, that a consumer
can use to protect against such scams and other
fraudulent activity.
(2) Contents.--In developing the consumer education
materials under paragraph (1), the Commission shall--
(A) identify existing technologies, if any, that
can help consumers guard themselves against scams and
other fraudulent activity that rely upon the use of
misleading or inaccurate caller identification
information, including--
(i) descriptions of how a consumer can use
the technologies to protect against such scams
and other fraudulent activity; and
(ii) details on how consumers can access
and use the technologies; and
(B) provide other information that may help
consumers identify and avoid scams and other fraudulent
activity that rely upon the use of misleading or
inaccurate caller identification information.
(3) Updates.--The Commission shall ensure that the consumer
education materials required under paragraph (1) are updated on
a regular basis.
(4) Website.--The Commission shall include the consumer
education materials developed under paragraph (1) on its
website.
(c) GAO Report on Combating the Fraudulent Provision of Misleading
or Inaccurate Caller Identification Information.--
(1) In general.--The Comptroller General of the United
States shall conduct a study of the actions the Commission and
the Federal Trade Commission have taken to combat the
fraudulent provision of misleading or inaccurate caller
identification information, and the additional measures that
could be taken to combat such activity.
(2) Required considerations.--In conducting the study under
paragraph (1), the Comptroller General shall examine--
(A) trends in the types of scams that rely on
misleading or inaccurate caller identification
information;
(B) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat
the practices prohibited by section 227(e)(1) of the
Communications Act of 1934 (47 U.S.C. 227(e)(1));
(C) current efforts by industry groups and other
entities to develop technical standards to deter or
prevent the fraudulent provision of misleading or
inaccurate caller identification information, and how
such standards may help combat the current and future
provision of misleading or inaccurate caller
identification information; and
(D) whether there are additional actions the
Commission, the Federal Trade Commission, and Congress
should take to combat the fraudulent provision of
misleading or inaccurate caller identification
information.
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under paragraph (1), including any recommendations
regarding combating the fraudulent provision of misleading or
inaccurate caller identification information.
(d) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to modify, limit,
or otherwise affect any rule or order adopted by the Commission in
connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102-243; 105 Stat. 2394) or the amendments made by that
Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
(e) Commission Defined.--In this section, the term ``Commission''
means the Federal Communications Commission.
Passed the House of Representatives November 14, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Anti-Spoofing Act of 2016 (Sec. 2) This bill amends the Communications Act of 1934 to expand the prohibition against knowingly transmitting misleading or inaccurate caller identification information to apply to: (1) persons outside the United States if the recipient is within the United States, and (2) text messages. Existing caller identification requirements that apply to calls made using a telecommunications service or IP-enabled voice service are revised to apply to: (1) services interconnected with the public switched telephone network and that furnish voice communications using resources from the North American Numbering Plan; and (2) transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile machine. The Federal Communications Commission (FCC) must coordinate with the Federal Trade Commission (FTC) to regularly update education materials that help consumers identify: (1) scams and fraudulent activity that rely upon misleading or inaccurate caller identification information, and (2) existing technologies that consumers can use to protect against such fraud. The Government Accountability Office must report on: (1) actions taken, or actions that could be taken, by the FCC or the FTC to combat the fraudulent provision of misleading or inaccurate caller identification information; and (2) any recommendations to combat the fraudulent provision of such information. | Anti-Spoofing Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dairy Promotion Program Improvement
Act of 1995''.
SEC. 2. FUNDING OF DAIRY PROMOTION AND RESEARCH PROGRAM.
(a) Declaration of Policy.--The first sentence of section 110(b) of
the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501(b)) is
amended--
(1) by inserting after ``commercial use'' the following:
``and on imported dairy products''; and
(2) by striking ``products produced in'' and inserting
``products produced in or imported into''.
(b) Definitions.--Section 111 of the Act (7 U.S.C. 4502) is
amended--
(1) in subsection (k), by striking ``and'' at the end;
(2) in subsection (l), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new subsections:
``(m) the term `imported dairy product' means--
``(1) any dairy product, including milk and cream
and fresh and dried dairy products;
``(2) butter and butterfat mixtures;
``(3) cheese;
``(4) casein and mixtures; and
``(5) other dairy products;
that are imported into the United States; and
``(n) the term `importer' means a person that imports an
imported dairy product into the United States.''.
(c) Funding.--
(1) Representation on board.--Section 113(b) of the Act (7
U.S.C. 4504(b)) is amended--
(A) by designating the first through ninth
sentences as paragraphs (1) through (5) and paragraphs
(7) through (10), respectively;
(B) in paragraph (1) (as so designated), by
striking ``thirty-six'' and inserting ``38'';
(C) in paragraph (2) (as so designated), by
striking ``Members'' and inserting ``Of the members of
the Board, 36 members''; and
(D) by inserting after paragraph (5) (as so
designated) the following new paragraph:
``(6) Of the members of the Board, 2 members shall be
representatives of importers of imported dairy products. The importer
representatives shall be appointed by the Secretary from nominations
submitted by importers under such procedures as the Secretary
determines to be appropriate.''.
(2) Assessment.--Section 113(g) of the Act is amended--
(A) by designating the first through fifth
sentences as paragraphs (1) through (5), respectively;
and
(B) by adding at the end the following new
paragraph:
``(6)(A) The order shall provide that each importer of imported
dairy products shall pay an assessment to the Board in the manner
prescribed by the order.
``(B) The rate of assessment on imported dairy products shall be
determined in the same manner as the rate of assessment per
hundredweight or the equivalent of milk.
``(C) For the purpose of determining the assessment on imports
under subparagraph (B), the value to be placed on imported dairy
products shall be established by the Secretary in a fair and equitable
manner.''.
(3) Records.--The first sentence of section 113(k) of the
Act is amended by striking ``person receiving'' and inserting
``importer of imported dairy products, each person receiving''.
(4) Referendum.--Section 116 of the Act (7 U.S.C. 4507) is
amended by adding at the end the following new subsection:
``(d)(1) On the request of a representative group comprising 10
percent or more of the number of producers subject to the order, the
Secretary shall--
``(A) conduct a referendum to determine whether the
producers favor suspension of the application of the amendments
made by section 2 of the Dairy Promotion Program Improvement
Act of 1995; and
``(B) suspend the application of the amendments until the
results of the referendum are known.
``(2) The Secretary shall continue the suspension of the
application of the amendments made by section 2 only if the Secretary
determines that suspension of the application of the amendments is
favored by a majority of the producers voting in the referendum who,
during a representative period (as determined by the Secretary), have
been engaged in the production of milk for commercial use.''.
SEC. 3. PERIODIC REFERENDA.
Section 115(a) of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4506(a)) is amended--
(1) in the first sentence, by striking ``Within the sixty-
day period immediately preceding September 30, 1985'' and
inserting ``Every 5 years''; and
(2) in the second sentence, by striking ``six months'' and
inserting ``3 months''.
SEC. 4. PROHIBITION ON BLOC VOTING.
Section 117 of the Dairy Production Stabilization Act of 1983 (7
U.S.C. 4508) is amended--
(1) in the first sentence, by striking ``Secretary shall''
and inserting ``Secretary shall not''; and
(2) by striking the second through fifth sentences. | Dairy Promotion Program Improvement Act of 1995 - Amends the Dairy Production Stabilization Act of 1983 to increase the minimum membership of, and include dairy products importers on, the National Dairy Promotion and Research Board.
Requires importer assessments to the Board.
Establishes periodic producer referenda on continuation of the Dairy Promotion Board.
Prohibits cooperative association bloc voting. | Dairy Promotion Program Improvement Act of 1995 |
OFFICERS.
``The State Administrator shall establish a Problem Resolution
Office. Problem Resolution Officers shall have the authority to
investigate taxpayer complaints and enjoin collection activity if, in
the opinion of the Problem Resolution Officer, said collection activity
is reasonably likely to not be in compliance with law. Said
administrative injunction may only be reversed by the highest official
in the relevant State or Federal taxing authority or by its General
Counsel upon a finding that the collection activity is justified by
clear and convincing evidence. The authority to reverse this
administrative injunction may not be delegated. Problem Resolution
Officers shall not be disciplined or adversely affected for the
issuance of administrative injunctions unless a pattern or issuing
injunctions that are manifestly unreasonable is proven in an
administrative hearing. Nothing in this section shall limit the
authority of the State Administrators or the taxpayer to pursue any
legal remedy in any court with jurisdiction over the dispute at issue.
``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION.
``(a) Allocation Rules.--For purposes of allocating revenue between
or among administering states from taxes imposed by this subtitle, the
revenue shall be allocated to those states that are the destination of
the taxable property or services. The destination of the purchase of
taxable property and services shall be determined in accordance with
this section.
``(b) Federal Office of Revenue Allocation.--The Secretary shall
establish an Office of Revenue Allocation to arbitrate any claims or
disputes among administering states as to the destination of taxable
property and services for purposes of allocating revenue between or
among the states from taxes imposed by this subtitle. The determination
of the Administrator of the Office of Revenue Allocation shall be
subject to judicial review in any federal court with competent
jurisdiction provided, however, that the standard of review shall be
abuse of discretion.
``(c) Tangible Personal Property.--The destination of tangible
personal property shall be the state or territory in which the property
was first delivered to the purchaser. Tangible personal property
shipped by means of the mail or common carrier shall be deemed
delivered to the location of the purchaser for purposes of this
subsection upon shipment by mail or common carrier.
``(d) Real Property.--The destination of real property or rents or
leaseholds on real property shall be state or territory in which the
real property is located.
``(e) Other Property.--The destination of other property shall be
residence of the purchaser.
``(f) Services.--
``(1) General rule.--The destination of services shall be
state or territory in which the use, consumption or enjoyment
of the services occurred. Allocation of service invoices
relating to more than one jurisdiction shall be on the basis of
time.
``(2) Telecommunications services.--The destination of
telecommunications services shall be the residence of the
purchaser. Telecommunications services shall include telephone,
telegraph, cable television, satellite and computer on-line or
network services.
``(3) Domestic transportation services.--For transportation
services where all of the final destinations are within the
United States, the destination of transportation services shall
be the final destination of the trip (in the case of round or multiple
trip fares, the services amount shall be equally allocated among the
final destinations).
``(4) International transportation services.--For
transportation services where the final destination or origin
of the trip is without the United States, the service amount
shall be deemed 50 percent attributable to the United States
destination or origin.
``(g) Financial Intermediation Services.--The destination of
financial intermediation services shall be the residence of the
purchase.
``(h) A State Tax Administrator shall have jurisdiction over any
gross payments made which have a destination (as determined in
accordance with this section) within the state of said State Tax
Administrator. This grant of jurisdiction is not exclusive of other
jurisdiction that said State Tax Administrator may have.
``(i) Rents and Royalties Paid for the Lease of Tangible
Property.--
``(1) General rule.--The destination of rents and royalties
paid for the lease of tangible property shall be where the
property is located.
``(2) Vehicles.--The destination of rent and lease payments
on vehicles shall be--
``(A) in the case of rentals and leases of a term
one month or less, the location where the vehicle was
originally delivered to the lessee; and
``(B) in the case of rentals and leases of a term
greater than one month, the residence of the lessee.
``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY.
``(a) In General.--For each purchase of taxable property or
services for which a tax is imposed pursuant to section 1, the sales
tax shall be charged separately from the purchase price by the vendor
or seller. For purchase of taxable property or services for which a tax
is imposed pursuant to section 1, the vendor shall provide to the
purchaser a receipt that sets forth at least the following information:
``(1) The property or services price exclusive of tax.
``(2) The amount of tax paid.
``(3) The property or service price inclusive of tax.
``(4) The tax rate (the amount of tax paid (per
subparagraph 2) divided by the property or service price
inclusive of tax (per subparagraph 3)).
``(5) The date that the good or service was sold.
``(6) The name of the vendor.
``(7) The vendor registration number.
``(b) Vending Machine Exception.--The requirements of subsection
(a) shall be inapplicable in the case of sales by vending machines.
Vending machines for purposes of this subsection shall mean machines--
``(1) that dispense taxable property in exchange for coins,
one, five, ten or twenty dollar bills, and
``(2) that sell no single item exceeding ten dollars per
unit in price.
``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES.
``The State Administrator or the Secretary, as the case may be, is
authorized to enter into written agreements with any person under which
the person is allowed to satisfy liability for payment of any tax in
installment payments if he determines that such agreement will
facilitate the collection of such liability. The agreement shall remain
in effect for the term of the agreement unless the information that the
person provided to the Secretary or the State Administrator was
materially inaccurate or incomplete. The Secretary and the State
Administrator may compromise any amounts alleged to be due.
``SEC. 56. ACCOUNTING.
``(a) Cash Method To Be Used Generally.--Vendors and other persons
shall remit taxes and report transactions with respect to the month for
which payment was received or the tax imposed by this chapter otherwise
becomes due.
``(b) Election To Use Accrual Method.--A person may elect with
respect to a calendar year, in a form prescribed by the Secretary, to
remit taxes and report transactions with respect to the month where a
sale was invoiced and accrued.
``(c) Cross Reference.--
``For rules relating to bad debts for
vendors electing the accrual method, see section 11(g).
``SEC. 57. HOBBY ACTIVITIES.
``(a) The exemption afforded by section 2(a)(1) shall not be
available for any taxable property or service used by a trade or
business if that trade or business is not engaged in for profit.
``(b) If the trade or business has received gross payments for the
sale of taxable property or services that exceed the sum of--
``(1) taxable property and services purchased,
``(2) wages paid, and
``(3) taxes paid,
in 2 or more of the most recent 4 calendar years during which it
operated, then the business activity shall be conclusively deemed to be
engaged in for profit.''
SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE.
(a) Appropriations for any expenses of the Internal Revenue Service
including processing income tax returns for years prior to the repeal
of the income tax, revenue accounting, management, transfer of payroll
tax data to the Social Security Administration and otherwise for years
after fiscal year 2001 are not authorized.
(b) Section 7801 is amended by adding the following new
subsections:
``(d) Excise Tax Bureau.--There shall be in the Department of
Treasury an Excise Tax Bureau to administer those excise taxes not
repealed by this Act.
``(e) Sales Tax Bureau.--There shall be in the Department of
Treasury a Sales Tax Bureau to administer the national sales tax in
those States where it is required pursuant to section 31(g), and to
discharge other Federal duties and powers relating to the national
sales tax (including those required by sections 32, 33, and 53(b)). The
Office of Revenue Allocation shall be within the Sales Tax Bureau.''.
(c) Section 7801(b)(2) is amended to read as follows:
``(2) Assistant general counsels.--The Secretary of the
Treasury may appoint, without regard to the provisions of the
civil service laws, and fix the duties of not more than 5
Assistant General Counsel.''.
(d) Short Year.--
(1) For purposes of the Federal income tax, the tax imposed
by section 1 and section 11 for taxable years ending June 30,
1999, shall be modified as set forth in this subsection.
(2) For calendar year taxpayers, the dollar figures in
section 1 and section 11 shall be reduced by dividing by 2 all
dollar figures that would be applicable but for this
subsection.
(3) For fiscal year taxpayers, the dollar figures in
section 1 and section 11 shall be equal to the product of--
(A) the dollar amount that would be applicable but
for this subsection, and
(B) the ratio that has as its numerator the number
of months in the taxpayer's taxable year ending June
30, 1999, and as its denominator 12.
(4) The Secretary shall publish tax rate schedules in
accordance with this subsection.
SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES.
(a) Commencing January 1, 1999, the Social Security Administration
shall collect and administer the taxes imposed pursuant to chapter 2 of
subtitle A (relating to self employment income taxes) and subtitle C
(relating to employment taxes) of the Internal Revenue Code of 1986.
(b) Cross References.--
For revised rules relating to the self-
employment tax, see section 7 of this Act.
For rules relating to revised
withholding tax schedules and family consumption refund, see section
13.
SEC. 7. SELF-EMPLOYMENT TAX.
(a) Subsection 1402(a) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(a) In General.--`Self employment income' shall mean gross
payments received in a calendar year from the sale of taxable property
or services (without regard to exemption) less the sum in a calendar
year of--
``(1) purchases of taxable property or services (without
regard to exemption) in furtherance of a business purpose,
``(2) any wages paid (whether to the self-employed person
or others) in furtherance of a business purpose,
``(3) unused transition amounts, and
``(4) undeducted negative self employment income amounts
from prior periods.
``(b) Transition Amounts.--
``(1) General rule.--The transition amount for the ten
calendar years commencing in 1999 shall be the unrecovered
basis amount as of the end of December 31, 1998 divided by ten.
``(2) Unrecovered basis amount.--The unrecovered basis
amount shall be remaining income tax basis relating to--
``(A) prior law section 167 property placed in
service prior to January 1, 1999, and
``(B) inventory held as of the end of 1998
(including any amounts capitalized in accordance with
prior law section 263A).''
(b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are
hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as
subsections 1402(b) et seq.
SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS.
Subparagraph (D) of paragraph (1) of subsection (i) of section 215
of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living
increases in Social Security benefits) is amended to read as follows:
``(D)(i) the term `CPI increase percentage', with respect
to a base quarter or cost-of-living quarter in any calendar
year, means the percentage (rounded to the nearest one-tenth of
1 percent) by which the Consumer Price Index for that quarter
(as prepared by the Department of Labor) exceeds such index for
the most recent prior calendar quarter which was a base quarter
under subparagraph (A)(ii) or, if later, the most recent cost-
of-living computation quarter under subparagraph (B);
``(ii) if the Consumer Price Index (as prepared by the
Department of Labor) does not include the national sales tax
paid, then the term `CPI increase percentage' with respect to a
base quarter or cost-of-living quarter in any calendar year,
means the percentage (rounded to the nearest one-tenth of 1
percent) by which the product of--
``(I) the Consumer Price Index for that quarter (as
prepared by the Department of Labor); and
``(II) the national sales tax factor,
exceeds such index for the most recent prior calendar quarter
which was a base quarter under subparagraph (A)(ii) or, if
later, the most recent cost-of-living computation quarter under
subparagraph (B); and
``(iii) for purposes of clause (ii), the `national sales
tax factor' is equal to one plus the quotient that is--
``(I) the sales tax rate (as defined in section 1
of title 26), divided by
``(II) the quantity that is one minus the sales tax
rate.''
SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME.
(a) Compensating Payment.--Eligible persons (as defined in
subsection (c)) shall receive a compensating payment (as defined in
subsection (b)) provided that they comply with subsection (g) (relating
to applications).
(b) Compensating Payment Defined.--The term ``compensating
payment'' means the product of the qualified fixed income payment
amount (as defined in subsection (e)) and the excess inflation rate (as
defined in subsection (f)).
(c) Eligible Person Defined.--An eligible person is any person with
respect to any calendar year who is entitled to--
(1) Social Security benefits; and
(2) qualified fixed income payments (as defined in
subsection (d)).
(d) Qualified Fixed Income Payment Defined.--A qualified fixed
income payment is a payment received by--
(1) a beneficiary under a defined benefit plan (within the
meaning of section 414(j) of the Internal Revenue Code as in
effect prior to the enactment of this Act) whether sponsored by
a private or Government employer; or
(2) by an annuitant pursuant to an annuity contract between
the annuitant and a bona fide insurance company.
A payment pursuant to a plan or annuity contract is not a qualified
fixed income payment if the payment varies with investment performance,
interest rates, or inflation. Payments pursuant to an annuity contract
entered into after June 30, 1999, shall not be qualified fixed income
payments. Payments pursuant to a defined benefit plan to a beneficiary
that had been a participant in said defined benefit plan (within the
meaning of section 410 of the Internal Revenue Code as in effect prior
to the enactment of this Act) for less than 5 years shall not be
qualified fixed income payments.
(e) Qualified Fixed Income Payment Amount.--The qualified fixed
income payment amount is \1/12\ of qualified fixed income payments that
an eligible person is entitled to receive during the calendar year
subsequent to the year for which the compensating payment is
calculated, provided, however, that the qualified fixed income payment
amount shall not exceed $5,000.
(f) Excess Inflation Rate Defined.--The term ``excess inflation
rate'' shall mean the excess, if any, of the consumer price index (all
urban) during the 18-month period ending December 31, 2000, over the
increase projected for the consumer price index (all urban) in the
Office of Management and Budget baseline reported in the Budget of the
United States for Fiscal Year 1999 for said 18-month period. The
baseline assumption for the 6 months in 1999 shall be \1/2\ of the
assumed increase for the entire calendar year 1999.
(g) Application Required.--In order to receive compensating
payments, each eligible person must apply in a form prescribed by the
Secretary of Health and Human Services and provide such documentation
as the Secretary may reasonably require.
(h) Means of Payment.--Each person entitled to a compensating
payment shall receive the compensating payment with their Social
Security benefit payment. The compensating payment shall be separately
indicated but may be included in one check. The funds to make
compensating payments shall come from the general fund.
(i) The Secretary of Health and Human Services may require insurers
that are parties to annuity contracts and defined benefit plan sponsors
to issue a statement to annuitants or plan participants including such
information as the Secretary may require to determine the qualified
fixed income payment amount.
SEC. 10. INTEREST.
Section 6621 of the Internal Revenue Code of 1986 is amended by
striking the last sentence in section 6621(a)(1) and by striking ``3''
in section 6621(a)(2)(B) and substituting in its stead ``2''.
SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
(1) increases any federal sales tax rate, and
(2) provides any exemption, deduction, credit or other
benefit which results in a reduction in federal revenues.
(b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn. | National Retail Sales Tax Act of 1997 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code.
(Sec. 4) Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the U.S. for use or consumption outside of the U.S., provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Defines "purchased for a business purpose in an active trade or business" as property or services: (1) purchased for resale; (2) purchased to produce property or services; or (3) purchased in furtherance of other bona fide business purposes. Sets forth rules relating to the obligation of governmental units and not-for-profit organizations to collect, remit, and pay taxes. Sets forth provisions concerning credits and refunds.
Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit. Defines such credits.
Provides for installment payments of the tax on the purchase of a principal residence.
Allows an eligible family unit to receive a sales tax rebate. Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a lawful U.S. resident. Conditions that no individual shall be considered part of more than one family unit.
Sets forth definitions and special rules concerning such things as: (1) foreign financial intermediation services; (2) financing leases; and (3) installment sales. Impose
s a 15
percent tax on gaming services.
Directs an administering State to administer, collect, and remit to the U.S. treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State. Defines an administering State as one which maintains a specified conforming sales tax and enters into a specified cooperative agreement with the Secretary. Provides for administrative support for States.
Sets forth provisions concerning, among other things: (1) monthly reports and payments; (2) records; (3) penalties; (4) appeals; (5) accounting; and (6) hobby activities.
Authorizes the Secretary of the Treasury to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States.
(Sec. 5) Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2001. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax.
(Sec. 6) Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes beginning in 1999.
(Sec. 7) Sets forth provisions concerning: (1) the self- employment tax; (2) the indexing of social security benefits; (3) compensating payments to individuals on fixed incomes; and (4) the interest rate on tax underpayments and overpayments.
(Sec. 11) Requires a supermajority in the House of Representatives or the Senate to raise rates. | National Retail Sales Tax Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Internet Preservation Act''.
SEC. 2. INTERNET OPENNESS.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. INTERNET OPENNESS.
``(a) Obligations of Broadband Internet Access Service Providers.--
A person engaged in the provision of broadband Internet access service,
insofar as such person is so engaged--
``(1) may not block lawful content, applications, services,
or non-harmful devices, subject to reasonable network
management; and
``(2) may not impair or degrade lawful Internet traffic on
the basis of Internet content, application, or service, or use
of a non-harmful device, subject to reasonable network
management.
``(b) Commission Authority.--
``(1) In general.--The Commission shall enforce the
obligations established in subsection (a) and the obligations
established in subsection (e)(2) through adjudication of
complaints alleging violations of such respective subsection
but may not, under any provision of law, whether by rulemaking
or otherwise--
``(A) expand the Internet openness obligations for
provision of broadband Internet access service beyond
the obligations established in subsection (a); or
``(B) expand the Internet openness obligations for
the offering or provision of specialized services
beyond the obligations established in subsection
(e)(2).
``(2) Formal complaint procedures.--Not later than 60 days
after the date of the enactment of this section, the Commission
shall adopt formal complaint procedures to address alleged
violations of subsection (a) and alleged violations of
subsection (e)(2). Such procedures shall include a deadline
(relative to the date of filing of a complaint under such
procedures) for the disposition of such complaint.
``(c) Preemption of State Law.--No State or political subdivision
of a State shall adopt, maintain, enforce, or impose or continue in
effect any law, rule, regulation, duty, requirement, standard, or other
provision having the force and effect of law relating to or with
respect to Internet openness obligations for provision of broadband
Internet access service.
``(d) Other Laws and Considerations.--Nothing in this section--
``(1) supersedes any obligation or authorization a provider
of broadband Internet access service may have to address the
needs of emergency communications or law enforcement, public
safety, or national security authorities, consistent with or as
permitted by applicable law, or limits the provider's ability
to do so; or
``(2) prohibits reasonable efforts by a provider of
broadband Internet access service to address copyright
infringement or other unlawful activity.
``(e) Specialized Services.--
``(1) In general.--Except as provided in paragraph (2),
nothing in this section shall be construed to limit the ability
of broadband Internet access service providers to offer
specialized services.
``(2) Prohibition on certain practices.--Specialized
services may not be offered or provided in ways that threaten
the meaningful availability of broadband Internet access
service or that have been devised or promoted in a manner
designed to evade the purposes of this section.
``(f) Broadband To Be Considered Information Service.--
Notwithstanding any other provision of law, the provision of broadband
Internet access service or any other mass-market retail service
providing advanced telecommunications capability (as defined in section
706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)) shall be
considered to be an information service.
``(g) Reasonable Network Management.--For purposes of subsection
(a), a network management practice is reasonable if it is primarily
used for and tailored to achieving a legitimate network management
purpose, taking into account the particular network architecture and
technology of the broadband Internet access service.
``(h) Definitions.--In this section:
``(1) Broadband internet access service.--
``(A) In general.--The term `broadband Internet
access service' means a mass-market retail service by
wire or radio that provides the capability to transmit
data to and receive data from all or substantially all
Internet endpoints, including any capabilities that are
incidental to and enable the operation of the
communications service, but excluding dial-up Internet
access service.
``(B) Functional equivalent; evasion.--Such term
includes any service that--
``(i) the Commission finds to be providing
a functional equivalent of the service
described in subparagraph (A); or
``(ii) is used to evade the obligations set
forth in subsection (a).
``(2) Network management practice.--The term `network
management practice' means a practice that has a primarily
technical network management justification. Such term does not
include other business practices.
``(3) Specialized services.--The term `specialized
services' means services other than broadband Internet access
service that are offered over the same network as, and that may
share network capacity with, broadband Internet access
service.''. | Open Internet Preservation Act This bill amends the Communications Act of 1934 by prohibiting broadband internet access service providers from: (1) blocking lawful content, applications, services, or non-harmful devices; and (2) impairing or degrading lawful internet traffic on the basis of internet content, application, or service, or use of a non-harmful device. These prohibitions do not prevent providers from offering specialized services that are offered over the same network and may share network capacity with the broadband internet access service. | Open Internet Preservation Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sportfishing and Boating Improvement
Act of 1997''.
SEC. 2. AMENDMENT OF 1950 ACT.
Whenever in this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provision of the
1950 Act, the reference shall be considered to be made to a section or
other provision of the Act entitled ``An Act to provide that the United
States shall aid the States in fish restoration and management
projects, and for other purposes,'' approved August 9, 1950 (16 U.S.C.
777 et seq.), popularly known as the Federal Aid in Fish Restoration
Act.
SEC. 3. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is
amended--
(1) by indenting the left margin of so much of the text as
precedes ``(a)'' by 2 ems;
(2) by inserting ``For purposes of this Act--'' after the
section caption;
(3) by striking ``For the purpose of this Act the'' in the
first paragraph and inserting ``(1) the'';
(4) by indenting the left margin of so much of the text as
follows ``include--'' by 4 ems;
(5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
(6) by striking ``department.'' and inserting
``department;''; and
(7) by adding at the end thereof the following:
``(2) the term `outreach and communications program' means
a program to improve communications with anglers, boaters, and
the general public regarding angling and boating opportunities,
to reduce barriers to participation in these activities, to
advance adoption of sound fishing and boating practices, to
promote conservation and the responsible use of the nation's
aquatic resources, and to further safety in fishing and
boating; and
``(3) the term `aquatic resource education program' means a
program designed to enhance the public's understanding of
aquatic resources and sport-fishing, and to promote the
development of responsible attitudes and ethics toward the
aquatic environment.''.
(b) Increase in State Allocation.--Section 8 of the 1950 Act (16
U.S.C. 777g) is amended--
(1) in subsection (b) by striking ``12\1/2\ per centum''
each place it appears and inserting ``15 percent'';
(2) in subsection (c) by striking ``10 per centum'' and
inserting ``15 percent'';
(3) in subsection (c) by inserting ``and communications''
after ``outreach''; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
``(d) National Outreach and Communications Program.--
``(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Improvement Act of
1997, the Secretary of the Interior shall develop and
implement, in cooperation and consultation with the Sport
Fishing and Boating Partnership Council, a national plan for
outreach and communications.
``(2) Content.--The plan shall provide--
``(A) guidance, including guidance on the
development of an administrative process and funding
priorities, for outreach and communications programs;
and
``(B) for the establishment of a national program.
``(3) Secretary may match or fund programs.--Under the
plan, the Secretary may--
``(A) make grants to any State or private entity to
pay all or any portion of the cost of carrying out any
outreach or communications program under the plan; or
``(B) contract with States or private entities to
carry out such a program.
``(4) Review.--The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
``(e) State Outreach and Communications Program.--Within 12 months
after the completion of the national plan under subsection (d)(1), a
State shall develop a plan for an outreach and communications program
and submit it to the Secretary. In developing the plan, a State shall--
``(1) review the national plan developed under subsection
(d);
``(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
``(3) establish priorities for the State outreach and
communications program proposed for implementation.''.
SEC. 4. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read
as follows:
``(b) Use of Balance After Distribution.--
``(1) In general.--Of the balance of each annual
appropriation remaining after making the distribution under
subsection (a), an amount equal to $42,500,000 for each of
fiscal years 1998 through 2003 shall be used as follows:
``(A) $15,000,000 shall be transferred to the
Secretary of Transportation and shall be expended for
State recreational boating safety programs under
section 13106(a)(1) of title 46, United States Code.
``(B) $10,000,000 shall be available to the
Secretary of the Interior for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act
of 1992 (33 U.S.C. 1322 note).
``(C) $10,000,000 shall be available to the
Secretary of the Interior for obligation for qualified
projects under section (5)(d) of the Sportfishing and
Boating Improvement Act of 1997.
``(D) $7,500,000 shall be available to the
Secretary of the Interior for obligation for the
national outreach and communications program under
section 8(d).
The Secretary of the Interior shall publish a detailed
accounting of the projects, programs, and activities funded
under subparagraph (D) annually in the Federal Register. No
funds available to the Secretary under this subsection may be
used to replace funding traditionally provided through general
appropriations, nor for any purposes except those purposes
authorized by this Act.
``(2) Amount remaining unobligated after 3 years.--Amounts
available under subparagraphs (B) and (C) of paragraph (1) that
are unobligated by the Secretary of the Interior after 3 years
shall be transferred to the Secretary of Transportation and be
expended for State recreational boating safety programs under
section 13106(a)(1) of title 46, United States Code.
``(3) Carryforward.--Amounts available for the national
outreach and education program under paragraph (1)(D) shall
remain available for 2 fiscal years after the fiscal year in
which the amounts are first available. Amounts available to the
program under that paragraph that are unobligated by the
Secretary of the Interior more than 2 years after the first
fiscal year in which the amounts are available shall be
available to the Secretary, in addition to amounts otherwise
available, for apportionment under section 4(d).''.
SEC. 5. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide funds to
States for the development and maintenance of public facilities for
transient nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended
by section 3, is amended by adding at the end thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after the date
of enactment of the Sportfishing and Boating Improvement Act of
1997, the Secretary, in consultation with the States, shall
adopt a national framework for a public boat access needs
assessment which may be used by States to conduct surveys to
determine the adequacy, number, location, and quality of
facilities providing access to recreational waters for all
sizes of recreational boats.
``(2) State surveys.--Within 18 months after such date of
enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national
framework shall report its findings to the Secretary for use in
the development of a comprehensive national recreational boat
access needs assessment.
``(3) Exception.--Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the
Secretary certifies that the State has developed and is
implementing a plan that ensures there are and will be public
boat access adequate to meet the needs of recreational boaters
on its waters.
``(4) Funding.--A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to provide
that the United States shall aid the States in fish restoration and
management projects, and for other purposes,'' approved August 9, 1950
(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a
State may develop and submit to the Secretary a plan for the
construction, renovation, and maintenance of public facilities, and
access to those facilities, for transient nontrailerable recreational
vessels to meet the needs of nontrailerable recreational vessels
operating on navigable waters in the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior shall
obligate amounts made available under section 4(b)(1)(C) of the
Act entitled ``An Act to provide that the United States shall
aid the States in fish restoration and management projects, and
for other purposes,'' approved August 9, 1950 (16 U.S.C.
777c(b)(1)(C)) to make grants to any State to pay not more than
75 percent of the cost to a State of constructing, renovating,
or maintaining public facilities for transient nontrailerable
recreational vessels.
(2) Priorities.--In awarding grants under paragraph (1),
the Secretary shall give priority to projects that--
(A) consist of the construction, renovation, or
maintenance of public facilities for transient
nontrailerable recreational vessels in accordance with
a plan submitted by a State under subsection (c);
(B) provide for public/private partnership efforts
to develop, maintain, and operate facilities for
transient nontrailerable recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient nontrailerable
recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure;
(2) ``public facilities for transient nontrailerable
recreational vessels'' includes mooring buoys, day-docks,
navigational aids, seasonal slips, or similar structures
located on navigable waters, that are available to the general
public and designed for temporary use by nontrailerable
recreational vessels; and
(4) ``State'' means each of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(f) Effective Date.--This section shall take effect on October 1,
1997.
SEC. 6. AQUATIC RESOURCES TRUST FUND.
(a) Excise Tax Amendments.--Sections 4041(a)(2) and 4081(d)(1) of
the Internal Revenue Code of 1986 are each amended by striking ``1999''
and inserting ``2005''.
(b) Trust Fund Amendments.--
(1) Section 9503 of such Code is amended--
(A) by striking ``1997'' in subsection (c)(4)(A)(i)
and inserting ``2005'';
(B) by striking subsection (c)(4)(A)(ii) and
inserting the following:
``(ii) Limit on transfers during any fiscal
year.--The aggregate amount transferred under
this subparagraph during any fiscal year shall
not exceed $60,000,000 for fiscal year 1998 and
for each fiscal year thereafter.''; and
(C) by striking ``1997'' in subsection (c)(5) and
inserting ``2005''.
(2) Section 9504 of such Code is amended--
(A) by striking ``(as in effect on October 1,
1988)'' in subsection (b)(2)(A) and in subsection (c);
and
(B) by striking ``April 1, 1998'' in subsection (c)
and inserting ``October 1, 2005''.
(c) Conforming Amendment.--Section 13106 of title 46, United States
Code, is amended--
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ``Subject to paragraph (2) and
subsection (c), the Secretary shall expend in each fiscal year
for State recreational boating safety programs, under contracts
with States under this chapter, an amount equal to the sum of
(A) the amount appropriated from the Boat Safety Account for
that fiscal year and (B) the amount transferred to the
Secretary under section 4(b) of the Act of August 9, 1950 (16
U.S.C. 777c(b)).''; and
(2) by striking subsection (c) and inserting the following:
``(c) Of the amount transferred for each fiscal year to the Boat
Safety Account under section 9503(c)(4)(A) of the Internal Revenue Code
of 1986, $5,000,000 is available to the Secretary for payment of
expenses of the Coast Guard for personnel and activities directly
related to carrying out the national recreational boating safety
program under this title. No funds available to the Secretary under
this subsection may be used to replace funding traditionally provided
through general appropriations, nor for any purposes except those
purposes authorized by the Act of August 9, 1950 (16 U.S.C. 777 et
seq.). Amounts made available by this subsection shall remain available
until expended. The Secretary shall publish annually in the Federal
Register a detailed accounting of the projects, programs, and
activities funded under this subsection.''. | Sportfishing and Boating Improvement Act of 1997 - Amends the Act popularly known as the Federal Aid in Fish Restoration Act to increase: (1) the regional average that States must allocate from specified appropriations for certain recreational boating purposes; and (2) the limit on State funding for aquatic resource education, outreach, and communications (currently, for aquatic resource education and outreach) programs.
Directs the Secretary of the Interior to develop and implement a national plan for outreach and communications. Authorizes grants and contracts to carry out the plan. Requires States to develop an outreach and communications plan.
(Sec. 4) Requires that, of the balance remaining after the annual initial distribution of funds from appropriations to carry out the Act, certain amounts be used for programs and projects under specified provisions of: (1) Federal law relating to State recreational boating safety programs; (2) the Clean Vessel Act of 1992; and (3) this Act.
(Sec. 5) Directs the Secretary to adopt a national framework for a public boat access needs assessment. Requires States to conduct the assessments unless the Secretary certifies that a State is implementing a plan that ensures adequate access. Allows States to fund the assessments from amounts dedicated to access to recreational waters under existing provisions.
Mandates matching grants to States for up to 75 percent of the cost of facilities for transient nontrailerable recreational vessels.
(Sec. 6) Amends the Internal Revenue Code to extend the date on which the tax rate on diesel fuel and nonaviation gasoline decreases and the date until which amounts attributable to motorboat fuel taxes must be transferred from the Highway Trust Fund to the Boat Safety Account in the Aquatic Resources Trust Fund. Decreases the aggregate limit on transfers during any fiscal year and removes the limit on the amount in the Account. Extends the date until which amounts attributable to small-engine fuel taxes must be transferred from the Highway Trust Fund into the Sport Fish Restoration Account in the Aquatic Resources Trust Fund and the date until which Boat Safety Account funds are available for expenditures to carry out recreational boat safety provisions. | Sportfishing and Boating Improvement Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Broadcasting Protection
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Since the creation of low-power television licenses by
the Federal Communications Commission, a small number of
license holders have operated their stations in a manner most
beneficial to the public good. Many of these stations have
provided broadcasting to their communities that would not
otherwise have been available.
(2) These low-power broadcasters have operated their
stations in a manner consistent with the programming objectives
and hours of operation of full-power broadcasters. These small
stations have provided these worthwhile services to their
respective communities while under severe license limitations
compared to their full-power counterparts.
(3) These license limitations, particularly the temporary
nature of the license, have blocked many of these broadcasters
from having access to capital, and have severely hampered their
ability to continue to provide quality broadcasting,
programming, or improvements.
(4) The passage of the Telecommunications Act of 1996 has
added to the uncertainty of the future status of these stations
by the lack of specific provisions regarding the permanency of
their licenses, or their treatment during the transition to
high definition, digital television.
SEC. 3. PRESERVATION OF LOW-POWER COMMUNITY TELEVISION BROADCASTING.
(a) Amendment.--Section 336 of the Communications Act of 1934 (47
U.S.C. 334) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Preservation of Low-Power Community Television
Broadcasting.--
``(1) Creation of class a licenses.--Within 30 days after
the date of enactment of the Community Broadcasting Protection
Act of 1997, the Commission shall prescribe regulations to
establish a class A license for qualifying low-power television
stations. Such license shall be subject to the same license
term and renewal standards as the licenses for full-power
television stations, and shall be accorded primary status as
television broadcasters under the Commission's regulations.
Within 30 days after such date, the Commission shall send a
notice to the licensees of all low-power television licenses of
the terms of this section. The Commission shall, within 30 days
after receipt of an application that is acceptable for filing,
award such a class A television station license to any licensee
of a qualifying low-power television station who submits such
application within 90 days after receipt of such notice.
``(2) Qualifying low-power television stations.--For
purposes of this subsection, a station is a qualifying low-
power television station if--
``(A) during the 90 days preceding the date of
enactment of the Community Broadcasting Protection Act
of 1997--
``(i) such station broadcast a minimum of
18 hours per day;
``(ii) such station broadcast an average of
at least 3 hours per week of programming that
was produced within the community of license of
such station; and
``(iii) such station was in compliance with
the requirements applicable to low-power
television stations; or
``(B) the Commission determines that the public
interest, convenience, and necessity would be served by
treating the station as a qualifying low-power
television station for purposes of this section.
``(3) Issuance of licenses for advanced television services
to qualifying low-power television stations not required.--The
Commission is not required to issue any additional licenses for
advanced television services to the licensees of the class A
television stations. Such a licensee may, at the option of
licensee, elect to convert to the provision of advanced
television services, but shall not be required to provide such
services until the Commission requires the use of digital or
other advanced technologies by full-power television stations.
``(4) Preservation of class a stations.--Except as
expressly permitted by this paragraph, no licensee of a class A
television station shall be required to cease operations, nor
shall the license of such a licensee be rescinded or otherwise
terminated, for the purposes of implementing any amendments to
the table of allotments adopted before the date of enactment of
the Community Broadcasting Protection Act of 1997 to provide
additional licenses for advanced television services. The
Commission may order such a cessation, rescission, or
termination only after compliance with the following
requirements:
``(A) The Commission shall revise such table of
allotments to preserve each class A station unless the
preservation of such station (i) would render
impossible the assignment of an additional license for
advanced television services to a full-power station,
or (ii) would require the Commission to revoke or
rescind a construction permit issued to such full-power
station.
``(B) If the Commission cannot revise the table of
allotments to preserve a class A station as required by
subparagraph (A), the Commission shall, to the maximum
extent possible, revise the table of allotments to
preserve the class A station in the same community of
license, using the same facilities, by assigning to
such station a different frequency.
``(C) If the Commission cannot revise the table of
allotments to preserve a class A station as required by
subparagraph (A) or (B), the Commission shall seek to
provide such licensee with a class A license in a
community of license that is adjacent to the station's
previous community of license.
``(D) If the Commission cannot preserve a class A
station as required by subparagraph (A), (B), or (C),
the Commission shall award such licensee the license
for another station in another community of license
acceptable to the licensee, to the extent that the
license for such other station is available. Such a
licensee shall be preferred in the award of such other
station license over any other applicant (other than
another licensee of a class A television station that
is required to relinquish its existing license).''. | Community Broadcasting Protection Act of 1997 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe regulations to establish a class A license for qualifying low-power television (LPT) stations. Requires notification of LPT licensees of the availability of such license. Defines as a qualifying LPT station one which in the 90 days preceding enactment of this Act: (1) broadcast for at least 18 hours per day; (2) broadcast for at least three hours weekly programming that was produced within the community of license of such station; and (3) complied with other requirements applicable to LPT stations. Allows the FCC to treat non-qualifying stations as LPT stations under this Act if public interest, convenience, and necessity would be so served.
Provides that: (1) the FCC is not required to issue any additional licenses for advanced television services to the licensees of class A television stations; and (2) no licensee of a class A television station shall be required to cease operations, or have a license rescinded or terminated, due to the implementation of amendments to the table of allotments adopted before the enactment of this Act. Allows the FCC to order such a cessation, rescission, or termination only after compliance with specified requirements. | Community Broadcasting Protection Act of 1997 |
That this Act may be
cited as the ``Small Business Prepayment Penalty Relief Act of 1994''.
SEC. 2. MODIFICATION OF DEVELOPMENT COMPANY DEBENTURE INTEREST RATES.
(a) In General.--Upon the request of the issuer and the concurrence
of the borrower, the Small Business Administration is authorized to
transfer to the Federal Financing Bank such sums as may be necessary to
carry out the provisions of this section in order to reduce the
interest rate on a debenture issued by a certified development company.
The reduction shall be effective January 2, 1995 and shall apply for
the remainder of the term of the debenture.
(b) Interest Rate Modification.--Upon receipt of such payment, the
Federal Financing Bank shall modify the interest rate of each debenture
for which the payment is made. No other change shall be made in the
terms and conditions of the debenture, and the modification in the
interest rate shall not be construed as new budget authority nor
require any additional appropriation for credit subsidy on account of
the modification.
(c) Definitions.--For the purposes of this section--
(1) the term ``issuer'' means the issuer of a debenture
pursuant to section 503 of the Small Business Investment Act of
1958 which has been purchased by the Federal Financing Bank if
the debenture is outstanding on the date of enactment of this
Act, and neither the loan that secures the debenture nor the
debenture is in default on such date; and
(2) the term ``borrower'' means the small business concern
whose loan secures a debenture issued pursuant to such section.
(d) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any rights or
options of the issuer or borrower which are otherwise authorized by
contract or by law.
(e) Refinancing.--Debentures authorized by sections 504 and 505 of
the Small Business Investment Act of 1958 may be used to refinance
debentures issued under section 503 of such Act if the amount of the
new financing is limited to such amounts as are needed to repay the
existing debenture, including any prepayment penalty imposed by the
Federal Financing Bank. Any such refinancing shall be subject to all of
the other provisions of sections 504 and 505 of such Act and the rules
and regulations of the Administration promulgated thereunder,
including, but not limited to, rules and regulations governing payment
of authorized expenses and commissions, fees and discounts to brokers
and dealers in trust certificates issued pursuant to section 505:
Provided, however, That no applicant for refinancing under section 504
of this Act need demonstrate that the requisite number of jobs will be
created or preserved with the proceeds of such refinancing: And
provided further, That a development company which provides refinancing
under this subsection shall be limited to a loan processing fee not to
exceed one-half of one percent to cover the cost of packaging,
processing and other nonlegal staff functions.
SEC. 3. MODIFICATION OF SMALL BUSINESS INVESTMENT COMPANY DEBENTURE
INTEREST RATES.
(a) In General.--Upon the request of the issuer, the Small Business
Administration is authorized to transfer to the Federal Financing Bank
such sums as may be necessary to carry out the provisions of this
section in order to reduce the interest rate on a debenture issued by a
Small Business Investment Company under the provisions of title III of
the Small Business Investment Act of 1958. The reduction shall be
effective January 2, 1995 and shall apply for the remainder of the term
of the debenture.
(b) Interest Rate Modification.--Upon receipt of such payment, the
Federal Financing Bank shall modify the interest rate of each debenture
for which the payment is made. No other change shall be made in the
terms and conditions of the debenture, and the modification in the
interest rate shall not be construed as new budget authority nor
require any additional appropriation for credit subsidy on account of
the modification.
(c) Definitions.--For the purposes of this section, the term
``issuer'' means the issuer of a debenture pursuant to section 303 of
the Small Business Investment Act of 1958 which has been purchased by
the Federal Financing Bank if the debenture is outstanding on the date
of enactment of this Act, and is not in default on such date.
(d) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any rights or
options of the issuer which are otherwise authorized by contract or by
law.
SEC. 4. MODIFICATION OF SPECIALIZED SMALL BUSINESS INVESTMENT COMPANY
DEBENTURE INTEREST RATES.
(a) Interest Rate Modification.--Upon the request of the issuer,
the Small Business Administration is authorized to modify the interest
rate on a debenture issued by a Small Business Investment Company
licensed under the provisions of section 301(d) of the Small Business
Investment Act of 1958. The reduction shall be effective January 2,
1995 and shall apply for the remainder of the term of the debenture. No
other change shall be made in the terms and conditions of the
debenture, and the modification in the interest rate shall not be
construed as new budget authority nor require any additional
appropriation for credit subsidy on account of the modification.
(b) Definitions.--For the purposes of this section, the term
``issuer'' means a Specialized Small Business Investment Company
licensed under the provisions of section 301(d) of the Small Business
Investment Act of 1958 which has issued a debenture which has been
funded by the Small Business Administration providing the debenture is
outstanding on the date of enactment of this Act and is not in default
on such date.
(c) Other Rights.--A modification of the interest rate on a
debenture as authorized in this section shall not affect any rights or
options of the issuer which are otherwise authorized by contract or by
law.
SEC. 5. INTEREST RATE REDUCTIONS.
(a) In General.--Upon enactment of an Appropriations Act providing
funds to carry out the provisions of this Act and limited to amounts
specifically provided in advance in Appropriations Acts, the Small
Business Administration shall evaluate the outstanding portfolio of
debentures which are eligible for interest rate relief under this Act.
The Administration shall apply the funds appropriated to carry out this
Act in order to reduce the highest interest rate on all eligible
debentures to a uniform rate.
(b) Authorization.--There are authorized to be appropriated
$30,000,000 to carry out the provisions of this Act in fiscal year
1995. | Small Business Prepayment Penalty Relief Act of 1994 - Authorizes the Small Business Administration (SBA), upon the request of the issuer and the concurrence of the borrower, to transfer to the Federal Financing Bank such sums as necessary to reduce the interest rate on a debenture issued by a certified development company. Requires the Bank, upon receipt of such payment, to modify the interest rate for such debentures.
Permits debentures authorized under provisions of the Small Business Investment Act of 1958 (the Act) regarding private debenture sales and pooling to be used to refinance debentures issued by State or local development companies if the amount of the new financing is limited to amounts necessary to repay the existing debentures, including any prepayment penalty imposed by the Bank.
Authorizes the SBA, upon the request of the issuer, to transfer to the Bank such sums as necessary to reduce the interest rate on a debenture issued by a small business investment company under title III of the Act. Requires the Bank, upon receipt of such payment, to modify the interest rate for such debentures.
Authorizes the SBA, upon the request of the issuer, to modify the interest rate on a debenture issued by a small business investment company financing disadvantaged small business concerns.
Requires the SBA, upon enactment of an appropriations Act providing funds to carry out this Act, to evaluate the outstanding portfolio of debentures which are eligible for interest rate relief under this Act.
Authorizes appropriations. | Small Business Prepayment Penalty Relief Act of 1994 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT TO 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Employee Welfare
Benefit Equity Act of 2001''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents; amendment to 1986 Code.
TITLE I--CERTAIN WELFARE BENEFIT PLANS
Sec. 101. Modification of definition of ten-or-more employer plans.
Sec. 102. Clarification of deduction limits for certain collectively
bargained plans.
Sec. 103. Clarification of standards for section 501(c)(9) approval.
Sec. 104. Tax shelter provisions not to apply.
Sec. 105. Effective dates.
TITLE II--ENFORCEMENT PROVISIONS
Sec. 201. Clarification of section 4976.
Sec. 202. Effective date.
(c) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
TITLE I--CERTAIN WELFARE BENEFIT PLANS
SEC. 101. MODIFICATION OF DEFINITION OF TEN-OR-MORE EMPLOYER PLANS.
(a) Additional Requirements.--Paragraph (6)(B) of section 419A(f)
(relating to the exception for 10 or more employer plans) is amended by
striking ``and'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting a comma, and by adding at the end
the following new clauses:
``(iii) which meets the requirements of
section 505(b)(1) with respect to all benefits
provided by the plan,
``(iv) which has obtained a favorable
determination from the Secretary that such plan
(or a predecessor plan) is an organization
described in section 501(c)(9), and
``(v) under which no severance pay benefit
is provided.''
(b) Clarification of Experience Rating.--
(1) In general.--Paragraph (6)(A) of section 419A(f)
(relating to the exception for 10 or more employer plans) is
amended by striking the second sentence and inserting the
following: ``The preceding sentence shall not apply to any plan
which is an experience-rated plan.''
(2) Experience-rated plan.--Section 419A(f)(6) is amended
by adding at the end the following new subparagraph:
``(C) Experience-rated plan.--For purposes of this
paragraph--
``(i) In general.--The term `experience-
rated plan' means a plan which determines
contributions by individual employers on the
basis of actual gain or loss experience.
``(ii) Exception for guaranteed benefit
plan.--
``(I) In general.--The term
`experience-rated plan' shall not
include a guaranteed benefit plan.
``(II) Guaranteed benefit plan.--
The term `guaranteed benefit plan'
means a plan the benefits of which are
funded with insurance contracts or are
otherwise determinable and payable to a
participant without reference to, or
limitation by, the amount of
contributions to the plan attributable
to any contributing employer. A plan
shall not fail to be treated as a
guaranteed benefit plan solely because
benefits may be limited or denied in
the event a contributing employer fails
to pay premiums or assessments required
by the plan as a condition of continued
participation.''
(c) Single Plan Requirement.--Section 419A(f)(6), as amended by
subsections (a) and (b), is amended--
(1) by striking ``means a plan'' in subparagraph (B) and
inserting ``means a single plan'', and
(2) by adding at the end the following:
``(D) Single plan.--For purposes of this paragraph,
the term `single plan' means a written plan or series
of related written plans the terms of which provide
that--
``(i) all assets of the plan or plans,
whether maintained under 1 or more trusts,
accounts, or other arrangements and without
regard to the method of accounting of the plan
or plans, are available to pay benefits of all
participants without regard to the
participant's contributing employer, and
``(ii) the method of accounting of the plan
or plans may not operate to limit or reduce the
benefits payable to a participant at any time
before the withdrawal of the participant's
employer from the plan or the termination of
any benefit arrangement under the plan.''
SEC. 102. CLARIFICATION OF DEDUCTION LIMITS FOR CERTAIN COLLECTIVELY
BARGAINED PLANS.
Paragraph (5) of section 419A(f) (relating to the deductions limits
for certain collectively bargained plans) is amended by adding at the
end the following flush sentences:
``Subparagraph (B) shall not apply to any plan maintained
pursuant to an agreement between employee representatives and 1
or more employers unless the taxpayer applies for, and the
Secretary issues, a determination that such agreement is a bona
fide collective bargaining agreement and that the welfare
benefits provided under the agreement were the subject of good
faith bargaining between employee representatives and such
employer or employers. The Secretary may issue regulations to
carry out the purposes of the preceding sentence.''
SEC. 103. CLARIFICATION OF STANDARDS FOR SECTION 501(C)(9) APPROVAL.
Section 505 is amended by adding at the end the following new
subsection:
``(d) Clarification of Standards for Exemption.--
``(1) Membership.--An organization shall not fail to be
treated as an organization described in paragraph (9) of
section 501(c) solely because its membership includes employees
or other allowable participants who--
``(A) reside or work in different geographic
locales, or
``(B) do not work in the same industrial or
employment classification.
``(2) Funding.--An organization described in paragraph (9)
or (20) of section 501(c) shall not be treated as
discriminatory solely because life insurance or other benefits
provided by the organization are funded with different types of
products, contracts, investments, or other funding methods of
varying costs, but only if the plan under which such benefits
are provided meets the requirements of subsection (b).''
SEC. 104. TAX SHELTER PROVISIONS NOT TO APPLY.
Section 419 (relating to treatment of funded welfare benefit plans)
is amended by adding at the end the following:
``(h) Tax Shelter Rules Not To Apply.--For purposes of this title,
a welfare benefit fund meeting all applicable requirements of this
title shall not be treated as a tax shelter or corporate tax shelter.''
SEC. 105. EFFECTIVE DATES.
(a) In General.--The amendments made by this title shall apply to
contributions to a welfare benefit fund made after the date of the
enactment of this Act.
(b) Tax Shelter Rules.--The amendment made by section 104 shall
take effect as if included in the amendments made by section 1028 of
the Taxpayer Relief Act of 1997.
TITLE II--ENFORCEMENT PROVISIONS
SEC. 201. CLARIFICATION OF SECTION 4976.
Section 4976 (relating to excise taxes with respect to funded
welfare benefit plans) is amended to read as follows:
``SEC. 4976. TAXES WITH RESPECT TO FUNDED WELFARE BENEFIT PLANS.
``(a) Imposition of Tax.--
``(1) General rule.--If--
``(A) an employer maintains a welfare benefit fund,
and
``(B) there is--
``(i) a disqualified benefit provided or
funded during any taxable year, or
``(ii) a premature termination of such
plan,
there is hereby imposed on such employer a tax in the amount
determined under paragraph (2).
``(2) Amount of tax.--The amount of the tax imposed by
paragraph (1) shall be equal to--
``(A) in the case of a taxable event under
paragraph (1)(B)(i), 100 percent of--
``(i) the amount of the disqualified
benefit provided, or
``(ii) the amount of the funding of the
disqualified benefit, and
``(B) in the case of a taxable event under
paragraph (1)(B)(ii), 100 percent of all contributions
to the fund before the termination.
``(b) Disqualified Benefit.--For purposes of subsection (a)--
``(1) In general.--The term `disqualified benefit' means--
``(A) any post-retirement medical benefit or life
insurance benefit provided with respect to a key
employee if a separate account is required to be
established for such employee under section 419A(d) and
such payment is not from such account,
``(B) any post-retirement medical benefit or life
insurance benefit provided or funded with respect to an
individual in whose favor discrimination is prohibited
unless the plan meets the requirements of section
505(b) with respect to such benefit (whether or not
such requirements apply to such plan), and
``(C) any portion of a welfare benefit fund
reverting to the benefit of the employer.
``(2) Exception for collective bargaining plans.--Paragraph
(1)(B) shall not apply to any plan maintained pursuant to an
agreement between employee representatives and 1 or more
employers if the Secretary finds that such agreement is a
collective bargaining agreement and that the benefits referred
to in paragraph (1)(B) were the subject of good faith
bargaining between such employee representatives and such
employer or employers.
``(3) Exception for nondeductible contributions.--Paragraph
(1)(C) shall not apply to any amount attributable to a
contribution to the fund which is not allowable as a deduction
under section 419 for the taxable year or any prior taxable
year (and such contribution shall not be included in any
carryover under section 419(d)).
``(4) Exception for certain amounts charged against
existing reserve.--Subparagraphs (A) and (B) of paragraph (1)
shall not apply to post-retirement benefits charged against an
existing reserve for post-retirement medical or life insurance
benefits (as defined in section 512(a)(3)(E)) or charged
against the income on such reserve.
``(c) Premature Termination.--For purposes of subsection (a)--
``(1) In general.--The term `premature termination' means a
termination event which occurs on or before the date which is 6
years after the first contribution to a welfare benefit fund
which benefits any highly compensated employee.
``(2) Exception for insolvency, etc.--Paragraph (1) shall
not apply to any termination event which occurs by reason of
the insolvency of the employer or for such other reasons as the
Secretary may by regulation determine are not likely to result
in abuse.
``(3) Termination event.--For purposes of this subsection--
``(A) In general.--The term `termination event'
means--
``(i) the termination of a welfare benefit
fund,
``(ii) the withdrawal of an employer from a
welfare benefit fund to which more than 1
employer contributes, or
``(iii) any other action which is designed
to cause, directly or indirectly, a
distribution of any asset from a welfare
benefit fund to a highly compensated employee.
``(B) Exception for bona fide benefits.--
Subparagraph (A) shall not apply to any bona fide
benefit (other than a severance benefit) paid from a
welfare benefit fund which is available to all
employees on a nondiscriminatory basis and payable
pursuant to the terms of a written plan.
``(d) Definitions.--For purposes of this section--
``(1) In general.--Except as otherwise provided, the terms
used in this section shall have the same respective meanings as
when used in subpart D of part I of subchapter D of chapter 1.
``(2) Post-retirement benefit.--
``(A) In general.--The term `post-retirement
benefit' means any benefit or distribution which is
reasonably determined to be paid, provided, or made
available to a participant on or after normal
retirement age.
``(B) Normal retirement age.--The term `normal
retirement age' shall have the same meaning given the
term in section 3(24) of the Employee Retirement Income
Security Act of 1974, but in no event shall such date
be later than the latest normal retirement age defined
in any qualified retirement plan of the employer
maintaining the welfare benefit fund which benefits
such individual.
``(C) Presumption in the case of permanent life
insurance.--In the case of a welfare benefit fund which
provides a life insurance benefit for an employee, any
contributions to the fund for life insurance benefits
in excess of the cumulative projected cost of providing
the employee permanent whole life insurance, calculated
on the basis level premiums for each for each year
before a normal retirement age, shall be treated as
funding a post-retirement benefit.''
SEC. 202. EFFECTIVE DATE.
The amendments made by this title shall apply to benefits provided,
and terminations occurring, after the date of the enactment of this
Act. | Employee Welfare Benefit Equity Act of 2001 - Amends the Internal Revenue Code, with respect to the limited deductibility of employer contributions to welfare benefit funds, to revise the exception from such treatment for a single plan with ten or more employers. Adds to current requirements for a ten-or-more employer plan that the plan must: (1) meet specified nondiscrimination requirements with respect to all benefits the plan provides; (2) receive a favorable determination from the Secretary of the Treasury that the plan (or a predecessor plan) is a voluntary employees' beneficiary association meeting certain criteria; and (3) provide no severance pay benefit.Defines an experience-related plan, to which such exception does not apply (thus qualifying it for limited deductibility of employer contributions), as a plan which determines contributions by individual employers on the basis of actual gain or loss experience. Excludes from experience-related plans (and so excepts from limited deductibility of employer contributions) guaranteed benefit plans funded with insurance contracts or otherwise determinable and payable to a participant without reference to, or limitation by, the amount of contributions to the plan attributable to any contributing employer.Requires the taxpayer to apply for and receive a determination by the Secretary of the Treasury that a collective bargaining agreement is bona fide and the welfare benefits provided under it were the subject of good faith bargaining before a qualified asset account may be unlimited under an employee pay-all plan.Declares that a welfare benefit fund meeting all applicable requirements shall not be treated as a tax shelter or corporate tax shelter.Prescribes an excise tax equal to 100 percent of all contributions to a funded welfare benefit plan that is terminated prematurely, that is, within six years after the first contribution to the fund which benefits any highly compensated employee. | A bill to amen the Internal Revenue Code of 1986 to provide for the equitable operation of welfare benefit plans for employees, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Can Spam Act''.
SEC. 2. PROHIBITION REGARDING SPAMMING.
(a) In General.--No person may use the equipment of an electronic
mail service provider, or cause such equipment to be used, for
transmission of unsolicited commercial electronic mail in violation of
a posted policy of such provider.
(b) Rule of Construction.--This section may not be construed--
(1) to require any electronic mail service provider to
establish, create, or have in effect any policy regarding the
use of the provider's equipment; or
(2) to alter, limit, or restrict--
(A) the rights of an electronic mail service
provider under section 230(c)(1) of the Communications
Act of 1934 (47 U.S.C. 230(c)(1));
(B) any decision of an electronic mail service
provider to permit or restrict access to or use of its
equipment; or
(C) any exercise of the editorial function of an
electronic mail service provider.
(c) Civil Action.--
(1) In general.--In addition to any other remedy available
under law, an electronic mail service provider who suffers
damage or loss by reason of a violation of subsection (a) may
bring a civil action for relief under paragraph (2) in an
appropriate district court of the United States or State court.
(2) Relief.--If the court determines that a violation of
subsection (a) has occurred, the court shall award damages in
an amount equal to the greater of--
(A) the actual monetary loss suffered by the
provider as a result of the violation; and
(B) the amount that is equal to $50 for each use of
the equipment of the provider that constitutes such a
violation, except that--
(i) the aggregate amount of damages under
this subparagraph for any single day may not
exceed $25,000; and
(ii) for purposes of this subparagraph,
each electronic mail message that uses the
equipment of an electronic mail service
provider shall be considered to be a separate
use of such equipment.
The court may also award injunctive relief or such other
equitable relief as the court considers appropriate, and shall
award to the prevailing party reasonable attorney's fees and
costs.
(d) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Commercial electronic mail.--The term ``commercial
electronic mail'' means any electronic mail message, the
principal purpose of which is to promote, directly or
indirectly, the sale or other distribution of goods or services
to the recipient.
(2) Internet.--The term ``Internet'' has the meaning given
such term in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)).
(3) Internet domain name.--The term ``Internet domain
name'' has the meaning given such term in section 1030(e) of
title 18, United States Code.
(4) Posted policy.--The term ``posted policy'' means a rule
or set of rules established by an electronic mail service
provider that--
(A) governs the use of the equipment of the
provider for transmission of commercial electronic
mail;
(B) explicitly provides that compliance with such
rule or set of rules is a condition of use of such
equipment of the provider by a registered user
(including any guest of a registered user); and
(C)(i) is clearly and conspicuously posted on a
World Wide Web site of an interactive computer service
whose Internet domain name is identical to the Internet domain name of
the electronic mail address to which the rule or set of rules applies;
(ii) prohibits such use and provides a sender of
electronic mail notice of such prohibition through the
inclusion, in the initial banner message that is
automatically transmitted upon the establishment of a
connection to any standard port for accepting
electronic mail of any mail host designated to receive
mail for the provider (which connection results from an
attempt to send any electronic mail), of a textual
message reading ``NO UCE'';
(iii) provides a sender of electronic mail notice
of such rule or set of rules through the inclusion, in
the initial banner message described in clause (ii), of
a textual message identifying a publicly available
location or means (which may include a telephone
number, World Wide Web site, or electronic mail
address) at or by which to access the entire rule or
set of rules, and that is in the following form: ``UCE
POLICY AT ____'' (the blank being filled in with
information identifying such location or means of
access); or
(iv) is otherwise publicly posted or otherwise made
publicly available by the electronic mail service
provider in a manner reasonably designed to facilitate
access to such rule or set of rules by persons using
the equipment of the provider to transmit unsolicited
commercial electronic mail, at the time of such use.
(5) Registered user.--The term ``registered user'' means
any person that maintains an electronic mail address with an
electronic mail service provider.
(6) Unsolicited commercial electronic mail.--The term
``unsolicited commercial electronic mail'' means any commercial
electronic mail that is--
(A) addressed to a recipient with whom the
initiator of the mail does not have an existing
business or personal relationship; and
(B) not sent at the request of, or with the express
consent of, the recipient.
(e) Preemption.--No State or political subdivision thereof may
establish, continue in effect, or enforce any provision of law or
regulation regarding the transmission of unsolicited commercial
electronic mail.
SEC. 3. CRIMINAL PENALTY FOR UNAUTHORIZED USE OF INTERNET DOMAIN NAMES.
(a) Prohibition.--Section 1030(a) of title 18, United States Code,
is amended--
(1) in paragraph (7), by inserting ``or'' after the
semicolon at the end; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) knowingly and without authorization uses the Internet
domain name of another person in connection with the sending of
one or more electronic mail messages and, as a result of such
conduct, causes damage to a computer, computer system, or
computer network;''.
(b) Penalties.--Section 1030(c) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) a fine under this title, in the case of an offense
under subsection (a)(8) of this section, which does not occur
after a conviction for another offense under such subsection or
an attempt to commit an offense punishable under this
subparagraph; and
``(B) a fine under this title or imprisonment for not more
than one year, or both, in the case of an offense under
subsection (a)(8) which occurs after a conviction for another
offense under such subsection, or an attempt to commit an
offense punishable under this subparagraph.''.
(c) Definitions.--Section 1030(e) of title 18, United States Code,
is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8)--
(A) in subparagraph (A)--
(i) by inserting ``(i) except as provided
in clause (ii),'' after ``(A)'';
(ii) by inserting ``or'' after the
semicolon at the end; and
(iii) by adding at the end the following
new clause:
``(ii) in the case of an offense under subsection
(a)(8), causes any loss in value;''; and
(B) by striking ``and'' at the end;
(3) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(10) the term `computer network' means any system that
provides communications or transfer of data between one or more
computers or computer systems and input or output devices,
including display terminals and printers connected by
telecommunication facilities;
``(11) the term `Internet' has the meaning given the term
in section 230(f) of the Communications Act of 1934 (47 U.S.C.
230(f)); and
``(12) the term `Internet domain name' means a globally
unique, hierarchical reference to an Internet host or service
that is attached to or able to be referenced from the Internet,
which--
``(A) consists of a series of character strings
separated by periods, with the rightmost character
string specifying the top of the hierarchy; and
``(B) is assigned and registered through a
centralized naming authority recognized as a registrant
of such references.''.
(d) Preemption.--Section 1030 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(i) Preemption.--No State or political subdivision thereof may
establish, continue in effect, or enforce any provision of law or
regulation regarding the use of the Internet domain name of another
person in connection with the sending of one or more electronic mail
messages.''. | Amends the Federal criminal code to impose criminal penalties upon any individual who knowingly and without authorization uses the Internet domain name of another person in connection with the sending of e-mail messages and, as a result of such conduct, causes damage to a computer or a computer system or network. | Can Spam Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HMO Solvency Act of 2000''.
SEC. 2. ASSURING THE SOLVENCY OF MEDICAID MANAGED CARE ORGANIZATIONS.
(a) Medicaid Program.--Section 1932(b) of the Social Security Act
(42 U.S.C. 1396u-2(b)) is amended by adding at the end the following
new paragraph:
``(9) Solvency-related requirements.--
``(A) Periodic reporting.--Each medicaid managed
care organization shall submit to the State not less
often than each quarter (or such more frequent basis as
a State may specify) such financial reports as may be
necessary to monitor the financial stability of the
organization and provide an early warning of any risk
of insolvency. The State shall review the reports so
submitted and shall determine the appropriate course of
action based upon such review.
``(B) Audits.--
``(i) Preapproval independent audit of
operations.--Before a State enters into a
contract under section 1903(m) (on and after
the effective date of this subparagraph) with a
medicaid managed care organization, the
organization shall provide for such on-site
audit as the Secretary shall require to
evaluate its internal structure upon which the
organization's financial projections are based.
Such audit shall be undertaken by an
independent entity (which may be an appropriate
State agency) with such qualifications as the
Secretary shall specify. The audit shall
include at least a review of the organization's
claims processing capability and utilization
management and accounting functions and shall
focus on the key business risks the
organization is facing, including regulatory
risks, competition, provider network, pricing,
claims processing environment, reserves, and
information system integrity.
``(ii) Periodic audits under a state audit
plan.--Each medicaid managed care organization
shall provide for such periodic audits as the
State shall require under an audit plan
designed by the State and approved by the
Secretary. The frequency of such audits shall
take into account changes in subcontracting by,
and ownership of, the organization.
``(C) Minimum net worth in cash or cash
equivalents.--Each medicaid managed care organization
shall maintain, on an ongoing basis, such minimum net
worth (in cash or cash equivalents) in such amount,
form, and manner as the State shall specify, consistent
with guidelines established by the Secretary. The State
may permit the minimum net worth requirement to be met
through a written guarantee by a guarantor that meets
such requirements as the State shall specify consistent
with such guidelines.
``(D) Approval of certain subcontractors.--In the
case of a medicaid managed care organization that
proposes to enter into (on and after the effective date
of this subparagraph) a subcontract with another entity
to provide health care services to enrollees under this
title, to perform health care provider reimbursement
under this title, or to carry out other functions of
the organization under this title that have a direct
impact on enrollees--
``(i) the organization shall provide notice
(and a copy of the contract) to the State at
least 90 days before the date it is entered
into; and
``(ii) before the subcontract takes effect,
the organization shall provide for an
independent audit of the proposed subcontractor
to establish that the subcontractor will be
able to provide the services under the
subcontract and to guarantee its performance
financially in a manner satisfactory to the
State.
``(E) Reporting of significant changes in ownership
or scope of operations.--Each medicaid managed care
organization shall provide for such timely reports to
the State of such significant changes in the ownership
of the organization, or of the scope of operations of
the organization, including by takeover or merger, as
the State shall require in order to appropriately
assure the continuing solvency of the organization
after the date such changes take effect.
``(F) Federal solvency standards.--Each medicaid
managed care organization shall comply with, and each
State shall apply, such additional solvency standards
as the Secretary may establish to carry out this
paragraph.
``(G) Application of certain requirements to
controlling organizations and entities.--In the case of
a medicaid managed care organization that is
substantially owned or controlled by another
organization or entity, subparagraphs (A), (C), (E),
and (as appropriate) (F) shall apply to such other
organization or entity as well as to the medicaid
managed care organization.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendment
made by subsection (a) applies as of such date (not later than
6 months after the date of the enactment of this Act) as the
Secretary of Health and Human Services shall specify.
(2) Transition.--The Secretary--
(A) may delay the effective date of such amendment
in the case of a State that requires the enactment of
legislation (other than legislation appropriating
funds) in order for the State medicaid plan under title
XIX of the Social Security Act to meet the additional
requirements imposed by such amendment; and
(B) may permit medicaid managed care organizations
that are operating as of the effective date of such
amendment such additional time as might be appropriate
to meet the additional requirement of section
1932(b)(9)(C) of the Social Security Act (relating to
minimum net worth), as added by such amendment.
SEC. 3. ASSURING THE SOLVENCY OF MEDICARE+CHOICE ORGANIZATIONS.
(a) Application to Medicare+Choice Organizations.--Section 1855 of
the Social Security Act (42 U.S.C. 1395w-25) is amended by adding at
the end the following new subsection:
``(e) Solvency-Related Requirements.--
``(1) In general.--Except as provided in this subsection,
the requirements of section 1932(b)(9) shall apply to
Medicare+Choice organizations in the same manner as they apply
to medicaid managed care organizations except that, for
purposes of this subsection, any reference in such section to a
State, title XIX, or a contract under section 1903(m) is deemed
a reference to the Secretary, this title, and a contract under
section 1857, respectively.
``(2) Recognition of state enforcement.--Insofar as the
Secretary finds that a State under section 1932(b)(9) is
applying to a Medicare+Choice organization the requirements of
such section and the organization meets such requirements, the
Secretary shall deem the organization as meeting the comparable
requirements that would otherwise be imposed under paragraph
(1).
``(3) Relation to other requirements.--The Secretary shall
waive the application of a requirement of paragraph (1) to an
organization insofar as the Secretary finds that the
application of the requirement would be duplicative of other,
similar requirements of this part and would not provide greater
protection to Medicare+Choice enrollees.''.
(b) Application to Other Organizations Providing Medicare Benefits
on a Capitated Basis.--The Secretary of Health and Human Services shall
provide for the application of the requirement of section 1855(e) of
the Social Security Act (as added by subsection (a)) to organizations
(other than Medicare+Choice organizations) that receive payment on a
capitated basis for provision of services under title XVIII of the
Social Security Act.
(c) Effective Date.--The Secretary of Health and Human Services
shall implement the amendment made by subsection (a) and shall
implement subsection (b) in a manner similar to the manner in which the
amendment made by section 2(a) becomes effective under paragraphs (1)
and (2)(B) of section 2(b).
SEC. 4. REPORT ON PROTECTION OF HEALTH CARE PROVIDERS IN CASE OF PLAN
INSOLVENCY.
The Secretary of Health and Human Services shall report to
Congress, not later than 1 year after the date of the enactment of this
Act, on--
(1) the steps States are taking to guaranty that, in the
event of insolvency of a medicaid managed care organization
that offers coverage under the medicaid program or a
Medicare+Choice organization that offers a Medicare+Choice
plan, health care providers will be protected from financial
losses; and
(2) what additional steps the Secretary deems appropriate
for States or the Federal Government to take to protect health
care providers in the event of such an insolvency. | Amends part C (Medicare+Choice) of SSA title XVIII (Medicare) to establish solvency-related requirements for application to Medicare+Choice organizations.
Directs the Secretary of Health and Human Services to: (1) provide for the application of such requirements to organizations other than Medicare+Choice organizations that receive payment on a capitated basis for provision of Medicare services; and (2) report to Congress on protection of health care providers in the event of insolvency. | HMO Solvency Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heavy Truck Tax Fairness Act of
2010''.
SEC. 2. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS.
(a) In General.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by striking subchapter C
(relating to heavy trucks and trailers).
(b) Conforming Amendments.--
(1) Section 4002(d)(2) of such Code is amended by inserting
``(as in effect be the date of the enactment of the Heavy Truck
Tax Fairness Act of 2010)'' after ``section 4052(b)''.
(2) Section 4072(c) of such Code is amended by inserting
``(as in effect be the date of the enactment of the Heavy Truck
Tax Fairness Act of 2010)'' after ``section 4053(8)''.
(3) Section 4221 of such Code is amended--
(A) in subsection (a) by striking ``4051, or'', and
(B) in subsection (c) by striking ``, 4001(d) or
4053(6)'' and inserting ``or 4001(d)''.
(4) Section 4222(d) of such Code is amended by striking
``4053(6),''.
(5) Section 4293 of such Code is amended by striking
``section 4051,''.
(6) Section 6416(b)(6) of such Code is amended--
(A) in subparagraph (A) by inserting ``on or before
the date of the enactment of Heavy Truck Tax Fairness
Act of 2010'' after ``section 4051'', and
(B) in subparagraph (B) by inserting ``on or before
such date'' after ``section 4051''.
(7) Section 9503(b)(1) of such Code is amended by striking
subparagraph (B) and redesignating subparagraphs (C), (D), and
(E) as subparagraphs (B), (C), and (D), respectively.
(8) The table of subchapters for chapter 31 of such Code is
amended by striking the item relating to subchapter C.
(c) Effective Date.--The amendments made by this section shall
apply to articles sold by the manufacturer, producer, or importer after
the date of the enactment of this Act.
SEC. 3. INCREASE IN TAX ON DIESEL FUEL OR KEROSENE.
(a) In General.--
(1) Clause (iii) of section 4081(a)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``24.3 cents'' and
inserting ``31.6 cents''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to fuel removed, entered, or sold after the date of
the enactment of this Act.
(b) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any taxable liquid
which is held on the floor stocks tax date by any person, there
is hereby imposed a floor stocks tax equal to the excess of the
tax which would be imposed on such liquid under section 4041 or
4081 of the Internal Revenue Code of 1986 had the taxable event
occurred on the floor stocks tax date over the tax paid under
any such section on such liquid.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding a liquid
on the floor stocks tax date 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 in such manner as the
Secretary shall prescribe.
(C) Time of payment.--The tax imposed by paragraph
(1) shall be paid on or before the date which is 6
months after the floor stocks tax date.
(3) Definitions.--For purposes of this subsection--
(A) Held by a person.--A liquid shall be considered
as held by a person if title thereto has passed to such
person (whether or not delivery to the person has been
made).
(B) Taxable liquid.--The term ``taxable liquid''
means diesel fuel and kerosene (other than aviation-
grade kerosene).
(C) Floor stocks date.--The term ``floor stocks tax
date'' means the date of the enactment of this Act.
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to taxable liquid held by any
person exclusively for any use to the extent a credit or refund
of the tax imposed by a section of such Code is allowable for
such use.
(5) Exception for fuel held in vehicle tank.--No tax shall
be imposed by paragraph (1) on taxable liquid held in the tank
of a motor vehicle or motorboat.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any liquid held on the floor stocks
tax date by any person if the aggregate amount of
liquid 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 (1),
there shall not be taken into account fuel held by any
person which is exempt from the tax imposed by
paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--For purposes of this
section--
(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 clause (i) shall apply to a group of persons
under common control where 1 or more of such
persons is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by chapter 31 or 32 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
section, apply with respect to the floor stock taxes imposed by
paragraph (1) to the same extent as if such taxes were imposed
by such chapter. | Heavy Truck Tax Fairness Act of 2010 - Amends the Internal Revenue Code to: (1) repeal the excise tax on heavy trucks and trailers sold at retail; (2) increase the rate of tax on diesel fuel or kerosene to 31.6 cents per gallon; and (3) impose a floor stocks tax with respect to certain taxable fuels.. | To amend the Internal Revenue Code of 1986 to repeal the excise tax on heavy trucks and trailers, and for other purposes. |
SECTION 1. OFFSET OF PAST-DUE, LEGALLY ENFORCEABLE STATE TAX
OBLIGATIONS AGAINST OVERPAYMENTS.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
is amended by redesignating subsections (e) through (i) as subsections
(f) through (j), respectively, and by inserting after subsection (d)
the following new subsection:
``(e) Collection of Past-Due, Legally Enforceable State Tax
Obligations.--
``(1) In general.--Upon receiving notice from any State
that a named person owes a past-due, legally enforceable State
tax obligation to such State, the Secretary shall, under such
conditions as may be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such State tax
obligation;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such State and notify
such State of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
State tax obligation.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment,
``(ii) subsection (c) with respect to past-
due support, and
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency, and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person pursuant to subsection (b).
If the Secretary receives notice from 1 or more State agencies
of more than 1 debt subject to paragraph (1) that is owed by
such person to such an agency, any overpayment by such person
shall be applied against such debts in the order in which such
debts accrued.
``(3) Notice; consideration of evidence.--No State may take
action under this subsection until such State--
``(A) notifies the person owing the past-due State
tax liability that the State proposes to take action
pursuant to this section,
``(B) gives such person at least 60 days to present
evidence that all or part of such liability is not
past-due or not legally enforceable,
``(C) considers any evidence presented by such
person and determines that an amount of such debt is
past-due and legally enforceable, and
``(D) satisfies such other conditions as the
Secretary may prescribe to ensure that the
determination made under subparagraph (C) is valid and
that the State has made reasonable efforts to obtain
payment of such State tax obligation.
``(4) Past-due, legally enforceable state tax obligation.--
For purposes of this subsection, the term `past-due, legally
enforceable State tax obligation' means a debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of
competent jurisdiction which has determined an
amount of State tax to be due, or
``(II) a determination after an
administrative hearing which has determined an
amount of State tax to be due, and
``(ii) which is no longer subject to judicial
review, or
``(B) which resulted from a State tax which has
been assessed but not collected, the time for
redetermination of which has expired, and which has not
been delinquent for more than 10 years.
For purposes of this paragraph, the term `State tax' includes
any local tax administered by the chief tax administration
agency of the State.
``(5) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States must submit
notices of past-due, legally enforceable State tax obligations
and the necessary information that must be contained in or
accompany such notices. The regulations shall specify the types
of State taxes and the minimum amount of debt to which the
reduction procedure established by paragraph (1) may be
applied. The regulations may require States to pay a fee to
reimburse the Secretary for the cost of applying such
procedure. Any fee paid to the Secretary pursuant to the
preceding sentence shall be used to reimburse appropriations
which bore all or part of the cost of applying such procedure.
``(6) Erroneous payment to state.--Any State receiving
notice from the Secretary that an erroneous payment has been
made to such State under paragraph (1) shall pay promptly to
the Secretary, in accordance with such regulations as the
Secretary may prescribe, an amount equal to the amount of such
erroneous payment (without regard to whether any other amounts
payable to such State under such paragraph have been paid to
such State).''
(b) Disclosure of Certain Information to States Requesting Refund
Offsets for Past-Due, Legally Enforceable State Tax Obligations.--
(1) Paragraph (10) of section 6103(l) of such Code is
amended by striking ``(c) or (d)'' each place it appears and
inserting ``(c), (d), or (e)''.
(2) The paragraph heading for such paragraph (10) is
amended by striking ``section 6402(c) or 6402(d)'' and
inserting ``subsection (c), (d), or (e) of section 6402''.
(c) Conforming Amendments.--
(1) Subsection (a) of section 6402 of such Code is amended
by striking ``(c) and (d)'' and inserting ``(c), (d), and
(e)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and before such overpayment'' and
inserting ``and before such overpayment is reduced pursuant to
subsection (e) and before such overpayment''.
(3) Subsection (f) of section 6402 of such Code, as
redesignated by subsection (a), is amended--
(A) by striking ``(c) or (d)'' and inserting ``(c),
(d), or (e)'', and
(B) by striking ``Federal agency'' and inserting
``Federal agency or State''.
(4) Subsection (h) of section 6402 of such Code, as
redesignated by subsection (a), is amended by striking
``subsection (c)'' and inserting ``subsection (c) or (e)''.
(d) Amendments Applied After Technical Corrections to Personal
Responsibility and Work Opportunity Reconciliation Act of 1996.--
(1) Section 110(l) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 is amended by striking
paragraphs (4), (5), and (7) (and the amendments made by such
paragraphs), and the Internal Revenue Code of 1986 shall be
applied as if such paragraphs (and amendments) had never been
enacted.
(2) For purposes of applying the amendments made by this
section other than this subsection, the provisions of this
subsection shall be treated as having been enacted immediately
before the other provisions of this section.
(e) Effective Date.--The amendments made by this section (other
than subsection (d)) shall apply to refunds payable under section 6402
of the Internal Revenue Code of 1986 after December 31, 1998. | Amends the Internal Revenue Code to allow the reduction of any tax credit or refund due a taxpayer in order to collect past-due, legally enforceable State tax obligations. Provides for the disclosure of information to States requesting such a reduction.
Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to treat as though they had never been enacted specified amendments of that Act requiring tax overpayment offsets against overpayments to the taxpayer under State plans relating to title IV (Temporary Assistance for Needy Families) of the Social Security Act (and related disclosures of information to States). | To amend the Internal Revenue Code of 1986 to provide that the amount of an overpayment otherwise payable to any person shall be reduced by the amount of pastdue, legally enforceable State tax obligations of such person. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Blue Collar Computing and Business
Assistance Act of 2007''.
SEC. 2. ADVANCED MULTIDISCIPLINARY COMPUTING SOFTWARE CENTERS.
(a) Definitions.--In this section:
(1) Advanced multidisciplinary computing software center;
center.--The terms ``Advanced Multidisciplinary Computing
Software Center'' and ``Center'' mean a center created by an
eligible entity with a grant awarded under subsection (b).
(2) Eligible entity.--The term ``eligible entity'' means
any--
(A) nonprofit organization;
(B) consortium of nonprofit organizations; or
(C) partnership between a for-profit and a
nonprofit organization.
(3) Nonprofit organization.--The term ``nonprofit
organization'' means any organization that--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(B) is exempt from taxation under section 501(a) of
such Code.
(4) Small business or manufacturer.--The terms ``small
business or manufacturer'' and ``small business and
manufacturer'' have the meaning given the term ``small business
concern'' in section 3(a) of the Small Business Act (15 U.S.C.
632(a)), including a small manufacturing concern.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Technology of the Department of
Commerce.
(b) Grants.--
(1) In general.--The Under Secretary shall award grants to
eligible entities to establish up to 5 Advanced
Multidisciplinary Computing Software Centers throughout the
United States.
(2) Purposes.--Each Center established with grant funds
awarded under paragraph (1) shall--
(A) conduct general outreach to small businesses
and manufacturers in all industry sectors within the
geographic region assigned to the Center by the Under
Secretary; and
(B) conduct technology transfer, development, and
utilization programs for businesses throughout the
United States in the specific industry sector assigned
to the Center by the Under Secretary.
(3) Application.--
(A) In general.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Under Secretary at such time, in such manner,
and accompanied by such additional information as the
Under Secretary may reasonably require.
(B) Publication in federal register.--Not later
than 6 months after the date of enactment of this Act,
the Under Secretary shall publish the application
requirements referred to in subparagraph (A) in the
Federal Register.
(C) Contents.--Each application submitted under
subparagraph (A) shall--
(i) conform to the requirements prescribed
by the Under Secretary under this paragraph;
and
(ii) contain a proposal for the allocation
of the legal rights associated with any
invention that may result from the activities
of the proposed Center.
(D) Selection criteria.--In evaluating each
application submitted under subparagraph (A) on the
basis of merit, the Under Secretary shall consider--
(i) the extent to which the eligible
entity--
(I) has a partnership with
nonprofit organizations, businesses,
software vendors, and academia
recognized for relevant expertise in
its selected industry sector;
(II) uses State-funded academic
supercomputing centers and universities
or colleges with expertise in the
computational needs of the industry
assigned to the eligible entity under
paragraph (2)(B);
(III) has a history of working with
small businesses and manufacturers;
(IV) has experience providing
educational programs aimed at helping
organizations adopt the use of high-
performance computing and computational
science;
(V) has partnerships with education
or training organizations that can help
educate future workers on the
application of computational science to
industry needs;
(VI) is accessible to businesses,
academia, incubators, or other economic
development organizations via high-
speed networks; and
(VII) is capable of partnering with
small businesses and manufacturers to
enhance the ability of such entities to
compete in the global marketplace;
(ii) the ability of the eligible entity to
enter successfully into collaborative
agreements with small businesses and
manufacturers to experiment with new high
performance computing and computational science
technologies; and
(iii) such other factors as the Under
Secretary considers relevant.
(4) Maximum amount.--The Under Secretary may not award a
grant under this subsection in an amount which exceeds
$5,000,000 for any year of the grant period.
(5) Duration.--
(A) In general.--Except as provided under
subparagraph (B), a grant may not be awarded under this
subsection for a period exceeding 5 years.
(B) Renewal.--The Under Secretary may renew any
grant awarded under this subsection.
(6) Matching requirement.--
(A) In general.--The Under Secretary may not award
a grant under this subsection unless the eligible
entity receiving such grant agrees to provide not less
than 50 percent of the capital and annual operating and
maintenance funds required to create and maintain the
Center established with such grant funds.
(B) Funding from other federal, state, or local
government agencies.--The funds provided by the
eligible entity under subparagraph (A) may include
amounts received by the eligible entity from the
Federal Government (other than the Department of
Commerce), a State, or a unit of local government.
(7) Limitation on administrative expenses.--The Under
Secretary may establish a reasonable limitation on the portion
of each grant awarded under this subsection that may be used
for administrative expenses or other overhead costs.
(8) Fees and alternative funding sources authorized.--
(A) In general.--A Center established with a grant
awarded under this subsection may, in accordance with
regulations established by the Under Secretary--
(i) collect a nominal fee from a small
business or manufacturer for a service provided
under this section, if such fee is utilized for
the budget and operation of the Center; and
(ii) accept financial assistance from the
Federal Government (other than the Department
of Commerce) for capital costs and operating
budget expenses.
(B) Condition.--Any Center receiving financial
assistance from the Federal Government (other than the
Department of Commerce) may be selected, and if
selected shall be operated, in accordance with this
section.
(c) Use of Funds.--Grant funds received under subsection (b) shall
be used for the benefit of businesses in the industry sector designated
by the Under Secretary under subsection (b)(2)(B) to--
(1) create a repository of nonclassified, nonproprietary
new and existing federally funded software and algorithms;
(2) test and validate software in the repository;
(3) determine when and how the industry sector it serves
could benefit from resources in the repository;
(4) work with software vendors to commercialize repository
software and algorithms from the repository;
(5) make software available to small businesses and
manufacturers where it has not been commercialized by a
software vendor;
(6) help software vendors, small businesses, and
manufacturers test or utilize the software on high-performance
computing systems; and
(7) maintain a research and outreach team that will work
with small businesses and manufacturers to aid in the
identification of software or computational science techniques
which can be used to solve challenging problems, or meet
contemporary business needs of such organizations.
(d) Reports and Evaluations.--
(1) Annual report.--Each eligible entity that receives a
grant under subsection (b) shall submit an annual report to the
Under Secretary that describes--
(A) the goals of the Center established by the
eligible entity; and
(B) the progress made by the eligible entity in
achieving the purposes described in subsection (b)(2).
(2) Evaluation.--The Under Secretary shall establish a peer
review committee, composed of representatives from industry and
academia, to review the goals and progress made by each Center
during the grant period.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$25,000,000 for each of the fiscal years 2008 through 2012 to
carry out this section.
(2) Availability.--Funds appropriated pursuant to paragraph
(1) shall remain available until expended. | Blue Collar Computing and Business Assistance Act of 2007 - Directs the Under Secretary of Technology of the Department of Commerce to award grants to eligible entities (any nonprofit, consortium of nonprofits, or partnership between a for-profit and a nonprofit) to establish up to five Advanced Multidisciplinary Computing Software Centers throughout the United States.
Requires each Center to conduct: (1) general outreach to small businesses and manufacturers in all industry sectors within the geographic region assigned to the Center by the Under Secretary; and (2) technology transfer, development, and utilization programs for businesses throughout the United States in the specific industry sector assigned to the Center by the Under Secretary. | To award grants to establish Advanced Multidisciplinary Computing Software Centers, which shall conduct outreach, technology transfer, development, and utilization programs in specific industries and geographic regions for the benefit of small and medium-sized manufacturers and businesses. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forage Improvement
Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Rules of construction.
Sec. 3. Coordinated administration.
TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LANDS
Sec. 101. Application of title.
Sec. 102. Definitions.
Sec. 103. Monitoring.
Sec. 104. Subleasing.
Sec. 105. Cooperative allotment management plans.
Sec. 106. Fees and charges.
TITLE II--MISCELLANEOUS
Sec. 201. Effective date.
Sec. 202. Issuance of new regulations.
SEC. 2. RULES OF CONSTRUCTION.
(a) Limitation on Application.--Nothing in this Act shall be
construed to affect grazing in any unit of the National Park System, in
any unit of the National Wildlife Refuge System, in any unit of the
National Forest System managed as a National Grassland by the Secretary
of Agriculture under the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010
et seq.), on any lands that are not Federal lands (as defined in
section 102), or on any lands that are held by the United States in
trust for the benefit of Indians.
(b) Multiple Use Activities Not Affected.--Nothing in this Act
shall be construed to limit or preclude the use of Federal lands (as
defined in section 102) for hunting, fishing, recreation, or other
multiple use activities in accordance with applicable Federal and State
laws and the principles of multiple use.
(c) Valid Existing Rights.--Nothing in this Act shall be construed
to affect valid existing rights, reservations, agreements, or
authorizations under Federal or State law.
(d) Access to Nonfederally Owned Lands.--Section 1323 of Public Law
96-487 (16 U.S.C. 3210) shall continue to apply with regard to access
to nonfederally owned lands.
SEC. 3. COORDINATED ADMINISTRATION.
To the maximum extent practicable, the Secretary of Agriculture and
the Secretary of the Interior shall provide for consistent and
coordinated administration of livestock grazing and management of
Federal lands (as defined in section 102) consistent with the laws
governing such lands.
TITLE I--MANAGEMENT OF GRAZING ON FEDERAL LANDS
SEC. 101. APPLICATION OF TITLE.
(a) Forest Service Lands.--This title applies to the management of
grazing on National Forest System lands, by the Secretary of
Agriculture under the following laws:
(1) The 11th undesignated paragraph under the heading
``surveying the public lands'' under the heading ``UNDER THE
DEPARTMENT OF THE INTERIOR'' in the Act of June 4, 1897
(commonly known as the Organic Administration Act of 1897) (30
Stat. 35, second full paragraph on that page; 16 U.S.C. 551).
(2) Sections 11, 12, and 19 of the Act of April 24, 1950
(commonly known as the Granger-Thye Act of 1950) (64 Stat. 85,
88, chapter 97; 16 U.S.C. 580g, 580h, 580l).
(3) The Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C.
528 et seq.).
(4) The Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.).
(5) The National Forest Management Act of 1976 (16 U.S.C.
472a et seq.).
(6) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(7) The Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901 et seq.).
(b) Bureau of Land Management Lands.--This title applies to the
management of grazing on Federal lands administered by the Secretary of
the Interior under the following laws:
(1) The Act of June 28, 1934 (commonly known as the Taylor
Grazing Act) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et
seq.).
(2) The Act of August 28, 1937 (commonly known as the
Oregon and California Railroad and Coos Bay Wagon Road Grant
Lands Act of 1937) (50 Stat. 874, chapter 876; 43 U.S.C. 1181a
et seq.).
(3) The Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).
(4) The Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901 et seq.).
(5) The Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et
seq.).
(c) Certain Other United States Lands.--This title also applies to
the management of grazing by the Secretary concerned on behalf of the
head of another department or agency of the Federal Government under a
memorandum of understanding.
SEC. 102. DEFINITIONS.
In this title:
(1) Authorized officer.--The term ``authorized officer''
means a person authorized by the Secretary concerned to
administer this title, the laws specified in section 101, and
regulations issued under this title and such laws.
(2) Federal lands.--The term ``Federal lands'' means lands
outside the State of Alaska that are owned by the United States
and are--
(A) included in the National Forest System; or
(B) administered by the Secretary of the Interior
under the laws specified in section 101(b).
(3) Grazing permit or lease.--The term ``grazing permit or
lease'' means a document authorizing use of Federal lands for
the purpose of grazing livestock--
(A) within a grazing district under section 3 of
the Act of June 28, 1934 (commonly known as the Taylor
Grazing Act) (48 Stat. 1270, chapter 865; 43 U.S.C.
315b);
(B) outside grazing districts under section 15 of
the Act of June 28, 1934 (commonly known as the Taylor
Grazing Act) (48 Stat. 1275, chapter 865; 43 U.S.C.
315m); or
(C) on National Forest System lands under section
19 of the Act of April 24, 1950 (commonly known as the
Granger-Thye Act of 1950) (64 Stat. 88, chapter 97; 16
U.S.C. 580l).
(4) Land use plan.--The term ``land use plan'' means--
(A) a land and resource management plan prepared by
the Forest Service pursuant to section 6 of the Forest
and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604) for a unit of the National Forest
System; or
(B) a resource management plan (or a management
framework plan that is in effect pending completion of
a resource management plan) developed in accordance
with the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.) for Federal lands administered
by the Bureau of Land Management.
(5) National forest system.--The term ``National Forest
System'' has the meaning given such term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)), except that the term does not include
any lands managed as a National Grassland under the Bankhead-
Jones Farm Tenant Act (7 U.S.C. 1010 et seq.).
(6) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
the National Forest System; and
(B) the Secretary of the Interior, with respect to
Federal lands administered by the Secretary of the
Interior under the laws specified in section 101(b).
(7) Sixteen contiguous western states.--The term ``sixteen
contiguous Western States'' means the States of Arizona,
California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada,
New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah,
Washington, and Wyoming.
SEC. 103. MONITORING.
(a) Monitoring.--The monitoring of resource conditions and trends
on Federal lands within allotments shall be performed only by qualified
persons from the following groups:
(1) Federal, State, and local government personnel.
(2) Grazing permittees and lessees.
(3) Professional consultants retained by the United States
or a permittee or lessee.
(b) Monitoring Criteria and Protocols.--Such monitoring shall be
conducted according to regional or state criteria and protocols
selected by the Secretary concerned. The monitoring protocols shall be
site specific, scientifically valid, and subject to peer review.
Monitoring data shall be periodically verified.
(c) Types and Use of Data Collected.--
(1) Use of previously collected data and information.--In
addition to using data collected from monitoring conducted
under the authority of this section, the Secretary concerned
shall consider data and information collected before the date
of the enactment of this Act, if available, so long as the
historical data and information is objective and reliable.
(2) Application of criteria and protocols.--The Secretary
concerned shall not accept monitoring data that does not meet
the requirements of subsection (a) or (b).
(3) Use of data.--The data and information collected from
such monitoring shall be used to evaluate--
(A) the effects of ecological changes and
management actions on resources over time;
(B) the effectiveness of actions in meeting
management objectives contained in applicable land use
plans; and
(C) the appropriateness of resource management
objectives.
(d) Notice.--In conducting such monitoring, the Secretary concerned
shall provide reasonable notice of the monitoring to affected
permittees or lessees, including prior notice to the extent practicable
of not less than 48 hours.
SEC. 104. SUBLEASING.
A person issued a grazing permit or lease may not enter into an
agreement with another person to allow grazing on the Federal lands
covered by the grazing permit or lease by livestock that are neither
owned nor controlled by the person issued the grazing permit or lease.
SEC. 105. COOPERATIVE ALLOTMENT MANAGEMENT PLANS.
(a) Written Agreements for Outcome-Based Standards.--An allotment
management plan or a grazing permit or lease under section 402(d) of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752(d))
may include a written agreement with a qualified grazing permittee or
lessee described in subsection (b) (or a group of qualified grazing
permittees or lessees) that provides for outcome-based standards,
rather than prescriptive terms and conditions, for managing grazing
activities in a specified geographic area. At the request of a
qualified grazing permittee or lessee, the Secretary concerned shall
consider including such a written agreement in an allotment management
plan or a grazing permit or lease.
(b) Qualified Grazing Permittee or Lessee Described.--A qualified
grazing permittee or lessee referred to in subsection (a) is a person
issued a grazing permit or lease who has demonstrated sound stewardship
by meeting or exceeding the forage and rangeland goals contained in
applicable land use plans and in that person's grazing permit or lease
for the previous five-year period.
(c) Inclusion of Performance Goals.--A written agreement authorized
under subsection (a) shall contain performance goals that--
(1) are expressed in objective, quantifiable, and
measurable terms;
(2) establish performance indicators to be used in
measuring or assessing the relevant outcomes;
(3) provide a basis for comparing management results with
the established performance goals; and
(4) describe the means to be used to verify and validate
measured values.
(d) Application of Other Laws.--All requirements of law applicable
to an allotment management plan and a grazing permit or lease under
section 402(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1752(d)), including the prohibition against extending the
term of an existing grazing permit or lease, shall apply to a written
agreement entered into under subsection (a).
(e) Federal Advisory Committee Act.--Activities under this section
shall be exempt from the Federal Advisory Committee Act (5 U.S.C.
App.).
SEC. 106. FEES AND CHARGES.
(a) Grazing Fees.--
(1) Calculation.--The fee for each animal unit month in a
grazing fee year for livestock grazing on Federal lands in the
sixteen contiguous western States shall be equal to the 12-year
average of the total gross value of production for beef cattle
for the 12 years preceding the grazing fee year, multiplied by
the 12-year average of the United States Treasury Securities
six-month bill ``new issue'' rate, and divided by 12. The gross
value of production for beef cattle shall be determined by the
Economic Research Service of the Department of Agriculture in
accordance with subsection (d)(1).
(2) Fee for foreign-owned or controlled grazing permits or
leases.--In the case of a grazing permit or lease held or
otherwise controlled in whole or in part by a foreign
corporation or a foreign individual, the fee shall be equal to
the higher of the following:
(A) The average grazing fee (weighted by animal
unit months) charged by the State during the previous
grazing year for grazing on State lands in the State in
which the lands covered by the grazing permit or lease
are located.
(B) The average grazing fee (weighted by animal
unit months) charged for grazing on private lands in
the State in which the lands covered by the grazing
permit or lease are located.
(b) Definition of Animal Unit Month.--For the purposes of billing
only, the term ``animal unit month'' means one month's use and
occupancy of range by--
(1) one cow, bull, steer, heifer, horse, burro, or mule,
seven sheep, or seven goats, each of which is six months of age
or older on the date on which the animal begins grazing on
Federal lands;
(2) any such animal regardless of age if the animal is
weaned on the date on which the animal begins grazing on
Federal lands; and
(3) any such animal that will become 12 months of age
during the period of use authorized under a grazing permit.
(c) Livestock Not Counted.--There shall not be counted as an animal
unit month the use of Federal lands for grazing by an animal that is
less than six months of age on the date on which the animal begins
grazing on such lands and is the progeny of an animal on which a
grazing fee is paid if the animal is removed from such lands before
becoming 12 months of age.
(d) Criteria for Economic Research Service.--
(1) Gross value of production of beef cattle.--The Economic
Research Service of the Department of Agriculture shall
continue to compile and report the gross value of production of
beef cattle, on a dollars-per-bred-cow basis for the United
States, as is currently published by the Service in: ``Economic
Indicators of the Farm Sector: Cost of Production--Major Field
Crops and Livestock and Dairy'' (Cow-calf production cash costs
and returns).
(2) Availability.--For the purposes of determining the
grazing fee for a given grazing fee year, the gross value of
production (as described above) for the previous calendar year
shall be made available to the Secretary concerned, and
published in the Federal Register, on or before February 15 of
each year.
(e) Treatment of Other Fees and Charges.--
(1) Amount of flpma fees and charges.--The fees and charges
under section 304(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1734(a)) shall reflect processing costs
and shall be adjusted periodically as such costs change, but in
no case shall such fees and charges exceed the actual
administrative and processing costs incurred by the Secretary
concerned.
(2) Notice of changes.--Notice of a change in a service
charge shall be published in the Federal Register.
TITLE II--MISCELLANEOUS
SEC. 201. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the first day of the first grazing season beginning after the date of
the enactment of this Act.
SEC. 202. ISSUANCE OF NEW REGULATIONS.
The Secretary of Agriculture and the Secretary of the Interior
shall--
(1) coordinate the promulgation of new regulations to carry
out this Act; and
(2) publish such regulations simultaneously not later than
180 days after the date of the enactment of this Act.
Passed the House of Representatives October 30, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | TABLE OF CONTENTS: Title I: Management of Grazing on Federal Lands Title II: Miscellaneous Forage Improvement Act of 1997 - Title I: Management of Grazing on Federal Lands - Sets forth the application of this title under specified laws to grazing management on Federal lands administered by the Secretary of the Interior (Bureau of Land Management lands), the Secretary of Agriculture (Forest Service lands), and certain other U.S. lands. (Sec. 102) Defines specified terms, including "sixteen contiguous Western States" (Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming). (Sec. 103) States that monitoring of conditions on Federal lands within grazing allotments shall be: (1) performed by Federal, State, or local personnel, grazing permittees and lessees, or professional consultants; and (2) site specific, scientific, and conducted according to regional or State criteria. (Sec. 104) Prohibits grazing permit subleasing for livestock not owned or controlled by the permittee or lessee. (Sec. 105) Permits an allotment plan or grazing permit to include a written agreement with a qualified permittee or lessee for outcome-based standards. (Sec. 106) States that the fee for each animal unit month (as defined in this Act) in a grazing fee year shall equal the 12-year average of the total gross beef cattle production value (as determined by the Department of Agriculture's Economic Research Service) for the 12 preceding years multiplied by the 12-year average six-month Treasury bill new issue rate, divided by 12. Establishes a separate fee for foreign-owned or -controlled grazing permits or leases. Exempts an animal from being counted that is less than six months old on the date it begins grazing and is the progeny of a fee-paid animal if it is removed from such grazing land before reaching 12 months old. Directs the Economic Research Service to continue to compile and report the gross value of beef cattle production as currently published. Title II: Miscellaneous - States that this Act shall become effective on the first day of the first grazing season after the date of enactment of this Act. (Sec. 202) Directs the Secretaries to publish implementing regulations within 180 days after enactment of this Act. | Forage Improvement Act of 1997 |
.
``(a) Additional Restrictions on Marketing, Advertising, and
Access.--Not later than 18 months after the date of the enactment of
this subchapter, the Secretary shall revise the regulations related to
tobacco products promulgated by the Secretary on August 28, 1996 (61
Fed. Reg. 44396) to include the additional restrictions on marketing,
advertising, and access described in Title IA and Title IC of the
Proposed Resolution entered into by the tobacco manufacturers and the
State attorneys general on June 20, 1997, except that the Secretary
shall not include an additional restriction on marketing or advertising
in such regulations if its inclusion would violate the First Amendment
to the Constitution.
``(b) Warnings.--
``(1) Cigarettes and smokeless tobacco.--Not later than 18
months after the date of the enactment of this subchapter, the
Secretary shall promulgate regulations to require warnings on
cigarette and smokeless tobacco labeling and advertisements.
The content, format, and rotation of warnings shall conform to
the specifications described in Title IB of the Proposed
Resolution entered into by the tobacco manufacturers and the
State attorneys general on June 20, 1997.
``(2) Prohibition.--It shall be unlawful to advertise
tobacco products on any medium of electronic communication
subject to the jurisdiction of the Federal Communications
Commission.
``(c) Ingredients.--
``(1) In general.--Not later than 18 months after the date
of enactment of this subchapter, the Secretary shall promulgate
regulations relating to ingredients in tobacco products. Except
as provided in paragraph (2), such regulations shall conform to the
specifications described in Title IF of the Proposed Resolution entered
into by the tobacco manufacturers and the State attorneys general on
June 20, 1997.
``(2) Failure to act.--If the Secretary fails to approve or
disapprove an ingredient's safety within the review period
prescribed under the regulations under paragraph (1), such
failure shall not be considered an approval of such ingredient.
``(d) Reduced-Risk Products.--No manufacturer of a tobacco product
may state or imply in the labeling or advertisements of the tobacco
product that the tobacco product presents a reduced risk to health
unless the Secretary has determined that the tobacco product does
present a significantly reduced risk to health.
``(e) Other Authority.--This section does not limit the authority
the Secretary has under other provisions of this Act with respect to
tobacco products.
``SEC. 567. STATE TOBACCO CONTROL PROGRAMS.
``(a) In General.--Effective 2 years after the date of the
enactment of this subchapter, a State may not receive funds under this
Act for tobacco control activities unless the State has put into law a
State tobacco control program that conforms to the model State program
established by the Secretary under subsection (b).
``(b) Model State Program.--
``(1) General rule.--Within one year of the date of the
enactment of this subchapter, the Secretary shall establish a
model State tobacco control program.
``(2) Program content.--The model State tobacco control
program established under paragraph (1) shall--
``(A) require persons who sell tobacco products to
individuals for personal consumption to obtain a
license from the State;
``(B) require licensed retailers to comply with the
requirements under this Act that are applicable to
tobacco product retailers;
``(C) prohibit any individual from purchasing
tobacco products for resale or distribution to
individuals under the age of 18;
``(D) include minimum requirements for the conduct
and frequency of compliance inspections of licensed
retailers;
``(E) include State performance objectives,
including objectives for reducing the level of
violations observed during compliance inspections;
``(F) include provisions for appropriate penalties
for violations of the program requirements, including
provisions for license suspension and revocation; and
``(G) include such other provisions as the
Secretary determines are appropriate to protect public
health.
``(c) Failure To Implement.--If a State fails to effectively
implement a State tobacco control program which conforms to the Model
State program established under subsection (b) or if a State fails to
achieve the performance objectives applicable to the State under the
Model State program, the Secretary shall withhold up to 20 percent of
the funds made available under this Act to the State for tobacco
control activities.
``(d) Federal Licensing Program.--Within one year of the date of
the enactment of this subchapter, the Secretary shall establish Federal
licensing requirements for--
``(1) tobacco product retailers operating on Federal
property;
``(2) tobacco product retailers operating in a State which
does not put into law or effectively implement a State tobacco
control program which conforms to the Model State Program; and
``(3) such other tobacco product retailers as the Secretary
may specify.
The Federal tobacco control requirements shall conform to the licensing
requirements of the Model State Program.
``(e) Federal Authority.--The Secretary may order a retailer
licensed by a State to suspend or cease selling tobacco products if the
tobacco product retailer is in violation of a requirement under this
Act related to tobacco products.
``(f) Indian Tribes.--In the case of tobacco product retailers
operating on Indian reservations, the governing Indian tribe or tribal
organization shall be treated as a State.''.
SEC. 7. GENERAL PROVISIONS.
(a) Enforcement.--Section 301 (21 U.S.C. 331) is amended by adding
at the end the following:
``(bb) The violation of any requirement under this Act relating to
tobacco products.''.
(b) Access to Information.--Section 701 (21 U.S.C 371) is amended
by adding at the end the following:
``(h) To acquire information related to tobacco products, the
Secretary may administer oaths and require the testimony of witnesses
and the production of documents and other materials. The Secretary may
disclose to the public information acquired under this subsection if
the Secretary determines that disclosure is appropriate to protect
public health.''.
SEC. 8. REPEAL.
The Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331
et seq.) and the Comprehensive Smokeless Tobacco Health Education Act
of 1986 (15 U.S.C. 4401 et seq.) are repealed on the date the
regulations described in section 566(b) of the Federal Food, Drug, and
Cosmetic Act take effect. | FDA Tobacco Jurisdiction Act of 2001 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to give the Food and Drug Administration (FDA) jurisdiction over tobacco products as drugs or devices. Declares lawful a specified Federal regulation regarding tobacco. Deems, for tobacco, an action providing appropriate protection of public health to provide a reasonable assurance of safety and effectiveness. Mandates additional restrictions on marketing, advertising, and access. Provides for model State tobacco control programs. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. | To amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration jurisdiction over tobacco. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Center and
Clearinghouse Act of 2008''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are 26.8 million small business concerns in the
United States, and they are the backbone of the American
economy. However, small business concerns face overwhelming
obstacles in addressing climate change issues, such as reducing
their carbon footprint while balancing business needs to remain
economically competitive.
(2) The United States Government is the largest purchaser
of goods and services in the world and plays a large role in
influencing the overall business marketplace. In 2006, the
United States Government spent over $417 billion on goods and
services in 8.3 million separate contract actions. Small
business concerns won approximately $80 billion in contracts
which is about 21.5 percent of the remaining prime contracts.
(3) The Small Business Act of 1953 specified that small
business concerns should be given every opportunity to compete
fairly for the award of Federal contracts. Congress has long
recognized the value of small business concerns because they
are important sources of job creation and economic growth;
however, small business concerns are typically disadvantaged in
competing against large firms.
(4) The United States Environmental Protection Agency has
created a directory to help small business concerns access
financial services by State or service type (i.e. loans,
consulting, credit, etc.) to help small business concerns
achieve energy efficiency through their Energy Star Small
Business--Financial Resources Directory.
(5) The fusion of a powerful purchasing mechanism with
green business practices provides a small business concern with
significant incentives and opportunities for market penetration
of environmentally preferable products, for the development of
green services, and for the adoption of green practices in
their own facilities.
(6) Many small business concerns have taken the first step
in incorporating sustainable practices into their own business,
however small business concerns face obstacles in comparing the
cost, performance, and life cycle environmental impacts of
alternatives. Most small business concerns do not have the
scientific and technical capability to fully assess the issues
and choices to address the impact of climate change. In
addition, small business concerns offering green products and
services often face barriers to market acceptance of
environmentally preferable products and services when competing
with products or service practices that have long-standing
market penetration.
(7) It is vital for the competitiveness of the United
States that small business concerns, including small, minority-
owned, women-owned, historically underutilized businesses
(HUBZones), and veteran-owned small business concerns be
provided greater opportunity to become a procurement source for
goods and services to Federal agencies. It is also critical
that small business concerns be encouraged to develop and
supply environmentally sound products and services.
(8) By utilizing new energy efficient technologies and
whole building design practices, small business concerns can
save in long-term operating costs, become more competitive,
improve the productivity and health of employees, and reduce
their carbon footprint.
(9) In the National Small Business Association's 2006
energy survey, the majority of owners of small business
concerns said they have been affected by rising energy prices
and that reducing energy costs would increase profitability. At
the same time, over half of these entrepreneurs have not
invested in energy efficient programs for their small business
concerns.
(10) There are many ways to increase energy efficiency. For
example, an owner of a small business concern who replaces
twenty 100-watt incandescent bulbs with 27-watt compact
fluorescent bulbs would pay $400 up-front, but save $980 over
one year.
(11) Today, buildings account for more than a third of the
carbon emissions in the United States. Whole building design
practices, also known as green buildings, have a positive
effect on the reduction of green house gases and the health of
the environment, increase production of workers, and improve
the water supply for communities. Studies have shown--
(A) a 2 to 16 percent increase in productivity in
buildings that incorporate whole building design
practices; and
(B) that an up-front investment of 2 percent in
whole building design practices, on average, results in
life cycle savings of 20 percent of the total
construction costs.
(12) Some of the tools that a small business concern could
use to design are--
(A) green roofs, vegetated roof systems that
passively perform no less than eight highly beneficial
and cost-saving functions;
(B) daylighting, because people respond,
concentrate, and think better with diffuse, full-
spectrum light provided by the sun;
(C) on-site renewable energy, produced from fuels
that have a stable, predictable supply such as solar,
wind, biomass, and ground sources;
(D) natural ventilation, which can replace all or
part of mechanical ventilation systems, improving
indoor air quality and occupant comfort; and
(E) integrated design, the method by which the
design team identifies systems early in the process to
provide a coordinated implementation of efficiency and
building methods, realizing an exponential gain in
savings and comfort.
SEC. 3. OFFICE OF ENVIRONMENT, ENERGY, AND CLIMATE CHANGE.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
redesignating section 37 as section 38, and by inserting after section
36 the following:
``SEC. 38. OFFICE OF ENVIRONMENT, ENERGY, AND CLIMATE CHANGE.
``(a) Establishment.--There is established within the Small
Business Administration an office to be known as the Office of
Environment, Energy, and Climate Change headed by an Assistant
Administrator for Environment, Energy, and Climate Change, who shall be
appointed by, and report to, the Administrator of the Small Business
Administration.
``(b) Duties.--The Office of Environment, Energy, and Climate
Change shall--
``(1) oversee and administer the Climate Change Center and
Clearinghouse established under subsection (c);
``(2) promote energy efficiency efforts for small business
concerns;
``(3) promote efforts to reduce energy costs of small
business concerns; and
``(4) oversee efforts by small business concerns to develop
renewable energy technologies.
``(c) Climate Change Center and Clearinghouse.--
``(1) Establishment.--There is established within the
Office of Environment, Energy, and Climate Change an office to
be known as the Climate Change Center and Clearinghouse
(hereinafter in this section referred to as the `Center').
``(2) Duties of the center.--The Center shall--
``(A) provide scientific, economic, and technical
information to small business concerns on--
``(i) assessing and managing the technical,
economic, and business impacts of climate
change; and
``(ii) cost savings and revenue gains made
possible through carbon credit trading
opportunities and Federal and State renewable
energy and energy efficiency tax relief
programs, purchase incentives, and rebate
programs;
``(B) ensure that the information described in
subparagraph (A) is available to small business
concerns by--
``(i) placing the information on a website
accessible by small business concerns; and
``(ii) developing and carrying out
nationwide workshops for small business
concerns, with such workshops recorded and made
available to small business concerns on a
website and, if practicable, broadcast live on
the internet;
``(C) coordinate any efforts which are undertaken
by the Department of Energy's Ombudsman, the
Environmental Protection Agency's Small Business
Ombudsman, the National Institute of Standards and
Technology's Manufacturing Extension Partnership, the
Small Business and Agriculture Regulatory Enforcement
Ombudsman, the Office of Small and Disadvantaged
Business Utilization within each Federal agency having
procurement powers, and other appropriate Federal
departments and agencies to provide technical,
scientific, and engineering support to small business
concerns for the purpose of maintaining competitiveness
while--
``(i) developing green products or
services;
``(ii) implementing green business
practices; or
``(iii) reducing the amount of pollution
produced by the small business concern;
``(D) develop a baseline study--
``(i) that provides a broad analysis that
aggregates small business energy consumption
and emissions;
``(ii) that includes, but is not limited
to, an analysis of the energy consumption and
greenhouse gas emissions from processes,
practices, and product developments of small
business concerns;
``(iii) the development of which the Center
shall coordinate with similar efforts
undertaken by other Federal agencies; and
``(iv) which upon completion is made
available to the public on a website.
``(E) raise awareness among small business concerns
of the information, technical support, and network
opportunities made available through the Energy Star
Program to reduce energy waste and energy costs;
``(F) develop a carbon footprint website that
contains--
``(i) educational and technical information
on how small business concerns can reduce their
carbon footprint;
``(ii) links to tools and information
relating to carbon footprints available on
other websites; and
``(iii) a carbon footprint calculator which
can calculate a rough estimate of a small
business concern's carbon emissions based on,
but not limited to, the concern's electricity
usage, heating fuel usage, and fleet mileage;
and
``(G) develop a marketing plan and coordinate with
the Office of Small Business Development Centers to
raise awareness among small business concerns of the
Center's duties and available resources.
``(3) Duties of the heads of departments and agencies.--The
head of each Federal department or agency shall provide
information to the Center, upon request, unless otherwise
prohibited by law.
``(d) Interagency Working Group.--
``(1) In general.--The President shall establish an
interagency working group, which shall be co-chaired by the
Assistant Administrator for Environment, Energy, and Climate
Change and the Administrator of the Environmental Protection
Agency and shall include representatives from--
``(A) the National Institute of Standards and
Technology;
``(B) the Department of Energy;
``(C) the Department of Transportation;
``(D) the Office of Small Business Development
Centers;
``(E) small business concerns; and
``(F) any additional agency that the President may
designate.
``(2) Advisors.--The co-chairs of the interagency working
group may appoint representatives from environmental groups and
groups concerned with climate change to advise the working
group.
``(3) Duties.--The interagency working group shall--
``(A) establish goals and priorities for the
Center; and
``(B) provide for interagency coordination,
including budget coordination, of activities undertaken
by the Center.
``(e) Definitions.--
``(1) Green products or services and green business
practices.--The Administrator of the Small Business
Administration shall, in consultation with the Environmental
Protection Agency, the General Services Administration, and
other appropriate Federal departments and agencies, specify a
detailed definition for the terms `green products or services'
and `green business practices' for purposes of this section.
``(2) Greenhouse gas.--For purposes of this section, the
term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; or
``(F) sulfur hexafluoride.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''. | Climate Change Center and Clearinghouse Act of 2008 - Amends the Small Business Act to establish: (1) the Office of Environment, Energy, and Climate Change within the Small Business Administration (SBA); and (2) the Climate Change Center and Clearinghouse within such Office.
Requires the Office to: (1) oversee and administer the Center; (2) promote energy efficiency efforts for, and efforts to reduce energy costs of, small businesses; and (3) oversee efforts by small businesses to develop renewable energy technologies.
Requires the Center to: (1) provide information to small businesses on assessing and managing the impacts of climate change and on cost savings and revenue gains possible through carbon credit trading opportunities and federal and state renewable energy and energy efficiency tax relief programs, purchase incentives, and rebate programs; (2) ensure that such information is provided to small businesses on an accessible website and through nationwide workshops; (3) coordinate federal agency efforts to provide support to small businesses for the purpose of maintaining competitiveness while developing green products or services, implementing green business practices, or reducing pollution; (4) develop a baseline study that provides a broad analysis that aggregates small business energy consumption and emissions; (5) raise awareness among small businesses of the information, technical support, and network opportunities made available through the Energy Star Program to reduce energy waste and energy costs; (6) develop a carbon footprint website that contains information on how small business concerns can reduce their carbon footprint, links to other carbon footprint websites, and a calculator for obtaining an estimate of a small business's carbon emissions based on electricity usage, heating fuel usage, and fleet mileage; and (7) develop a marketing plan.
Directs: (1) the President to establish an interagency working group to establish goals and priorities for the Center and to provide for interagency coordination of Center activities; and (2) the Administrator of SBA to specify a detailed definition for the terms "green products or services" and "green business practices." | To amend the Small Business Act to establish the Office of Environment, Energy, and Climate Change and to establish the Climate Change Center and Clearinghouse to provide support and information on climate change to small business concerns. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Energy Technology
Manufacturing and Export Assistance Act of 2010''.
SEC. 2. CLEAN ENERGY TECHNOLOGY MANUFACTURING AND EXPORT ASSISTANCE
FUND.
(a) Definitions.--For purposes of this section--
(1) the term ``clean energy technology'' means a technology
related to the production, use, transmission, storage, control,
or conservation of energy that will contribute to a
stabilization of atmospheric greenhouse gas concentrations
through reduction, avoidance, or sequestration of energy-
related emissions and--
(A) reduce the need for additional energy supplies
by using existing energy supplies with greater
efficiency or by transmitting, distributing, or
transporting energy with greater effectiveness through
the infrastructure of the United States; or
(B) diversify the sources of energy supply of the
United States to strengthen energy security and to
increase supplies with a favorable balance of
environmental effects if the entire technology system
is considered; and
(2) the term ``Secretary'' means the Secretary of Commerce.
(b) Establishment.--The Secretary shall establish a Clean Energy
Technology Manufacturing and Export Assistance Fund, to be administered
through the International Trade Administration. The Secretary shall
administer the Fund to promote policies that will reduce production
costs and encourage innovation, investment, and productivity in the
clean energy technology sector, and implement a national clean energy
technology export strategy. The purpose of the Fund is to ensure that
United States clean energy technology firms, including clean energy
technology parts suppliers and engineering and design firms, have the
information and assistance they need to be competitive and create clean
energy technology sector jobs in the United States.
(c) Assistance.--The Secretary, consistent with the National Export
Initiative, shall provide information, tools, and other assistance to
United States businesses to promote clean energy technology
manufacturing and facilitate the export of clean energy technology
products and services. Such assistance shall include--
(1) developing critical analysis of policies to reduce
production costs and promote innovation, investment, and
productivity in the clean energy technology sector;
(2) helping educate companies about how to tailor their
activities to specific markets with respect to their product
slate, financing, marketing, assembly, and logistics;
(3) helping United States companies learn about the export
process and export opportunities in foreign markets;
(4) helping United States companies to navigate foreign
markets; and
(5) helping United States companies provide input regarding
clean energy technology manufacturing and trade policy
developments and trade promotion.
(d) Reports to Congress.--
(1) Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Congress a report
indicating how the funds provided under this section will be
used to--
(A) focus on small and medium-sized United States
businesses;
(B) encourage the creation and maintenance of the
greatest number of clean energy technology jobs in the
United States; and
(C) encourage the domestic production of clean
energy technology products and services, including
materials, components, equipment, parts, and supplies
related in any way to the product or service.
(2) Not later than January 1, 2015, the Secretary shall
transmit to the Congress a report assessing the extent to which
the program established under this section--
(A) has been successful in developing critical
analysis of policies to reduce production costs and
promote innovation, investment, and productivity in the
clean energy technology sector;
(B) has been successful in increasing the
competitiveness of United States clean energy
technology firms in emerging markets;
(C) has been successful in assisting United States
businesses, specifically small and medium-sized firms,
with exporting clean energy technology products and
services;
(D) has been successful in creating jobs directly
related to the clean energy technology sector in the
United States, including specific information as to the
nature, location, and duration of those jobs and the
methodology used by the Secretary to compile such
information;
(E) has been successful in helping United States
companies provide input regarding clean energy
technology manufacturing and trade policy developments
and trade promotion; and
(F) should be continued.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary for carrying out this section $15,000,000 for
each of the fiscal years 2011 through 2015.
(2) Limitation.--No assistance provided using funds
appropriated pursuant to this section shall be provided in the
form of a monetary grant.
Passed the House of Representatives July 28, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Clean Energy Technology Manufacturing and Export Assistance Act of 2010 - Requires the Secretary of Commerce to: (1) establish a Clean Energy Technology Manufacturing and Export Assistance Fund, to be administered through the International Trade Administration, to ensure that U.S. clean energy technology firms have the information and assistance they need to be competitive and to create clean energy technology sector jobs; and (2) administer the Fund to promote policies that will reduce production costs and encourage innovation, investment, and productivity in the clean energy technology sector, and implement a national clean energy technology export strategy.
Defines "clean energy technology" to mean a technology related to the production, use, transmission, storage, control, or conservation of energy that will contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related emissions and: (1) reduce the need for additional energy supplies by using existing supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through U.S. infrastructure; or (2) diversify the sources of the energy supply to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered.
Directs the Secretary, consistent with the National Export Initiative, to provide information, tools, and other assistance to U.S. businesses to promote clean energy technology manufacturing and facilitate the export of clean energy technology products and services. Requires such assistance to include: (1) developing critical analysis of policies to reduce production costs and promote innovation, investment, and productivity in the clean energy technology sector; (2) helping educate companies about how to tailor their activities to specific markets with respect to their product slate, financing, marketing, assembly, and logistics; and (3) helping U.S. companies learn about the export process and export opportunities in foreign markets, navigate foreign markets, and provide input regarding clean energy technology manufacturing and trade policy developments and trade promotion.
Requires the Secretary to report to Congress on how funds will be used to: (1) focus on small and medium-sized U.S. businesses; (2) encourage the creation and maintenance of the greatest number of clean energy technology jobs in the United States; and (3) encourage the domestic production of clean energy technology products and services.
Requires the Secretary to report to Congress by January 1, 2015, on whether the assistance program should be continued and an assessment of the extent to which it has been successful in: (1) developing critical analysis of policies to reduce production costs and promote innovation, investment, and productivity in the clean energy technology sector; (2) assisting U.S. businesses with exporting clean energy technology products and services; (3) creating jobs directly related to the clean energy technology sector in the United States; and (4) helping U.S. companies provide input regarding clean energy technology manufacturing and trade policy developments and trade promotion.
Authorizes appropriations for FY2011-FY2015. Prohibits funding appropriated pursuant to this Act from being provided in the form of a monetary grant. | To provide for the establishment of a Clean Energy Technology Manufacturing and Export Assistance Fund to assist United States businesses with exporting clean energy technology products and services. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Safety and Empowerment Act
of 1993''.
SEC. 2. FEDERAL COORDINATING COUNCIL.
(a) Establishment.--There is established in the executive office of
the President a Federal Coordinating Council on Community Safety and
Empowerment (hereinafter in this Act referred to as the ``Federal
Coordinating Council'') in the Executive Office of the President
composed of the following members:
(1) The Secretary of Health and Human Services.
(2) The Secretary of Education.
(3) The Secretary of Housing and Urban Development.
(4) The Secretary of Labor.
(5) The Attorney General of the United States.
The President shall appoint the chairman of the Federal Coordinating
Council.
(b) Duties.--The Council shall--
(1) promulgate rules establishing standards and procedures
for receiving grants under section 3;
(2) make grants under section 3; and
(3) conduct annual reviews under section 6.
(c) Staff.--The Council shall hire sufficient staff in accordance
with title 5, United States Code.
SEC. 3. AUTHORITY TO MAKE GRANTS.
(a) Purposes.--The Federal Coordinating Council shall make grants
to public and nonprofit private entities to carry out 1 or more of the
following projects to improve the health, education, and safety of the
residents of economically distressed communities:
(1) Projects to prevent gangs and to combat the influence
gangs have on the youth in the community.
(2) Projects to assist first-time juvenile offenders to
avoid future offenses.
(3) Projects to prevent other forms of juvenile
delinquency.
(4) Projects to prevent the abuse of alcohol and other
drugs.
(5) Projects to provide child care for the children of
parents who are attending school, or would like to attend
school.
(6) Physical fitness, exercise, sports, and preventative
health care projects for youth.
(7) Projects to promote community service, community
action, and problem solving, and a sense of civic
responsibility among youth.
(8) Projects to provide parents with information about the
social, psychological, and physical development of their
children and with non-financial support for their roles in
promoting the positive development of their children.
(9) Projects to help youth enjoy and appreciate learning,
particularly projects that emphasize writing, reading,
mathematics, science, and humanities.
(10) Projects that prepare at-risk youth for adulthood,
including continuing education, completing high school,
employment, parenthood, and civic participation.
(11) Projects to prevent or remedy neglect, abuse, or
exploitation of youth and adults unable to protect their own
interests.
(12) Projects to preserve, rehabilitate, or reunite
families, particularly projects that emphasize fatherhood and
reunite fathers with children.
(13) Projects to assist residents in achieving or
maintaining economic self-sufficiency, including
entrepreneurism.
(b) Distribution of Grant.--A grant made under this section shall
be distributed to a grantee in 1 or more annual installments of not
less than $25,000 each during a period not to exceed 3 years.
SEC. 4. NON-FEDERAL CONTRIBUTIONS.
(a) Agreement.--The Federal Coordinating Council may make a grant
under section 3 only if the applicant involved agrees to make available
(either directly or through donations from public or private entities)
non-Federal contributions toward the cost of the project for which the
grant is requested. The amount of the non-Federal contributions shall
be not less than--
(1) 25 percent of the cost of the project for the 1st year
in which all or part of the grant is distributed; and
(2) 50 percent of the cost of the project in any subsequent
year in which any part of the grant is distributed.
(b) Exception.--The Federal Coordinating Council may waive the
matching requirements for applicants who meet certain criteria
established by the Council.
(c) Types of Contributions.--The non-Federal contributions required
in paragraph (1) may be in cash or in kind, fairly evaluated, including
buildings, equipment, or services, except that services assisted or
subsidized to any significant extent by the Federal Government may not
be included in determining the amount of non-Federal contributions.
SEC. 5. APPLICATIONS.
To be eligible to receive a grant under section 3, a public entity
or a nonprofit private entity shall submit to the Federal Coordinating
Council an application that contains--
(1) information demonstrating that the applicant has used
the resources in the community in planning the project for
which the grant is requested;
(2) information demonstrating that the project is supported
by individuals or organizations in the community that are not
directly involved with the project, which may include
universities, medical facilities, and other private and public
entities;
(3) an assurance that the applicant will use other
resources in the community in carrying out the project, which
may include local businesses, universities, medical facilities,
and other private and public entities; and
(4) such other information and assurances as the Federal
Coordinating Council may require by rule.
SEC. 6. ANNUAL REVIEW.
(a) Content.--After each year in which any part of a grant made
under section 3 is distributed, the Federal Coordinating Council may
conduct a review of the project for which the grant is made. The review
shall include an assessment of whether the grantee is complying with
the assurances contained in the application for the grant.
(b) Consequences of Failure to Comply.--If the Federal Coordinating
Council finds that a grantee is not complying with the assurances
contained in the application for the grant, the Federal Coordinating
Council shall suspend distribution of the grant until the grantee
provides sufficient documentation to satisfy the Federal Coordinating
Council that it will comply with the assurances contained in the
application. The grant shall be terminated if the grantee does not
provide the documentation within 1 year after the grant is suspended.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Economically distressed community.--The term
``economically distressed community'' means a community--
(A) in which a high percentage of residents are
members of low-income families with children; and
(B) in which there is pervasive poverty,
unemployment, and general economic distress.
(2) Council.--The term the ``Council'' means the Federal
Coordinating Council on Community Safety and Empowerment.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $50,000,000 for each of 3
fiscal years beginning with fiscal year 1994 to carry out this Act. | Community Safety and Empowerment Act of 1993 - Establishes in the Executive Office of the President a Federal Coordinating Council on Community Safety and Empowerment.
Directs the Council to make grants to public and nonprofit private entities for projects to improve the health, education, and safety of residents of economically distressed communities. Sets forth requirements for non-Federal contributions, applications, and annual review.
Authorizes appropriations. | Community Safety and Empowerment Act of 1993 |
SECTION 1. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
Chapter 5 of subtitle B of the Agricultural Marketing Act of 1946
(7 U.S.C. 1636 et seq.) is amended by adding at the end the following:
``SEC. 260. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS.
``(a) Definitions.--In this section:
``(1) Cooperative association of producers.--The term
`cooperative association of producers' has the meaning given
the term in section 1a of the Commodity Exchange Act (7 U.S.C.
1a).
``(2) Covered packer.--
``(A) In general.--The term `covered packer' means
a packer that is required under this subtitle to report
to the Secretary each reporting day information on the
price and quantity of livestock purchased by the
packer.
``(B) Exclusion.--The term `covered packer' does
not include a packer that owns only 1 livestock
processing plant.
``(3) Nonaffiliated producer.--The term `nonaffiliated
producer' means a producer of livestock--
``(A) that sells livestock to a packer;
``(B) that has less than 1 percent equity interest
in the packer and the packer has less than 1 percent
equity interest in the producer;
``(C) that has no officers, directors, employees or
owners that are officers, directors, employees or
owners of the packer;
``(D) that has no fiduciary responsibility to the
packer; and
``(E) in which the packer has no equity interest.
``(4) Spot market sale.--The term `spot market sale' means
an agreement for the purchase and sale of livestock by a packer
from a producer in which--
``(A) the agreement specifies a firm base price
that may be equated with a fixed dollar amount on the
day the agreement is entered into;
``(B) the livestock are slaughtered not more than 7
days after the date of the agreement;
``(C) a reasonable competitive bidding opportunity
existed on the date the agreement was entered into;
``(5) Reasonable competitive bidding opportunity.--The term
`reasonable competitive bidding opportunity' means that--
``(A) no written or oral agreement precludes the
producer from soliciting or receiving bids from other
packers; and
``(B) no circumstances, custom or practice exist
that establishes the existence of an implied contract,
as defined by the Uniform Commercial Code, and
precludes the producer from soliciting or receiving
bids from other packers.
``(b) General Rule.--Of the quantity of livestock that is
slaughtered by a covered packer during each reporting day in each
plant, the covered packer shall slaughter not less than the applicable
percentage specified in subsection (c) of the quantity through spot
market sales from nonaffiliated producers.
``(c) Applicable Percentages.--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage shall be--
``(A) 25 percent for covered packers that are not
cooperative associations of producers; and
``(B) 12.5 percent for covered packers that are
cooperative associations of producers.
``(2) Exceptions.--
``(A) In the case of covered packers that reported
more than 75 percent captive supply cattle in their
2001 annual report to Grain Inspection, Packers and
Stockyards Administration of the United States
Department of Agriculture, the applicable percentage
shall be the greater of--
``(i) the difference between the percentage
of captive supply so reported and 100; and
``(ii) the following numbers (applicable
percentages)--
``(I) during each of the calendar
years of 2004 and 2005, 5 percent;
``(II) during each of the calendar
years of 2006 and 2007, 15 percent; and
``(III) during the calendar year
2008 and each calendar year thereafter,
25 percent.
``(B) In the case of covered packers that are
cooperative associations of producers and that reported
more than 87.5 percent captive supply cattle in their
2001 annual report to Grain Inspection, Packers, and
Stockyards Administration of the United States
Department of Agriculture, the applicable percentage
shall be the greater of--
``(i) the difference between the percentage
of captive supply so reported and 100; and
``(ii) the following numbers (applicable
percentages)--
``(I) during each of the calendar
years of 2004 and 2005, 5 percent;
``(II) during each of the calendar
years of 2006 and 2007, 7.5 percent;
and
``(III) during the calendar year
2008 and each calendar year thereafter,
12.5 percent.
``(d) Nonpreemption.--Notwithstanding section 259, this section
does not preempt any requirement of a State or political subdivision of
a State that requires a covered packer to purchase on the spot market a
greater percentage of the livestock purchased by the covered packer
than is required under this section.
``(e) Nothing in this section shall affect the interpretation of
any other provision of this Act, including but not limited to section
202 (7 U.S.C. 192).''. | Amends the Agricultural Marketing Act of 1946 to establish minimum per plant per reporting day purchase and slaughter requirements through spot purchases from nonaffiliated producers for a covered packer: (1) that is a cooperative; and (2) that is not a cooperative.Sets forth transitional requirements for a covered packer with a specified captive cattle supply.Defines "cooperative association of producers," "covered packer," "nonaffiliated producer," "spot market sale," and "reasonable competitive bidding opportunity." | A bill to amend the Agricultural Marketing Act of 1946 to increase competition and transparency among packers that purchase livestock from producers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Americans to Save Act''.
SEC. 2. MATCHING PAYMENTS FOR ELECTIVE DEFERRAL AND IRA CONTRIBUTIONS
BY CERTAIN INDIVIDUALS.
(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. 6433. MATCHING PAYMENTS FOR ELECTIVE DEFERRAL AND IRA
CONTRIBUTIONS BY CERTAIN INDIVIDUALS.
``(a) In General.--
``(1) Allowance of credit.--Any eligible individual who
makes qualified retirement savings contributions for the
taxable year shall be allowed a credit for such taxable year in
an amount equal to the applicable percentage of so much of the
qualified retirement savings contributions made by such
eligible individual for the taxable year as does not exceed
$1,000.
``(2) Payment of credit.--The credit under this section
shall be paid by the Secretary as a contribution (as soon as
practicable after the eligible individual has filed a tax
return for the taxable year) to the applicable retirement
vehicle of an eligible individual.
``(b) Applicable Percentage.--For purposes of this section--
``(1) In general.--Except as provided in paragraph (2), the
applicable percentage is 50 percent.
``(2) Phaseout.--The percentage under paragraph (1) shall
be reduced (but not below zero) by the number of percentage
points which bears the same ratio to 50 percentage points as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) the applicable dollar amount, bears
to
``(B) the phaseout range.
If any reduction determined under this paragraph is not a whole
percentage point, such reduction shall be rounded to the next
lowest whole percentage point.
``(3) Applicable dollar amount; phaseout range.--
``(A) Joint returns.--Except as provided in
subparagraph (B)--
``(i) the applicable dollar amount is
$65,000, and
``(ii) the phaseout range is $20,000.
``(B) Other returns.--In the case of--
``(i) a head of a household (as defined in
section 2(b)), the applicable dollar amount and
the phaseout range shall be \3/4\ of the
amounts applicable under subparagraph (A) (as
adjusted under subsection (g)), and
``(ii) any taxpayer who is not filing a
joint return and who is not a head of a
household (as so defined), the applicable
dollar amount and the phaseout range shall be
\1/2\ of the amounts applicable under
subparagraph (A) (as so adjusted).
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if such individual has attained the age of 18 as of
the close of the taxable year.
``(2) Dependents and full-time students not eligible.--The
term `eligible individual' shall not include--
``(A) any individual with respect to whom a
deduction under section 151 is allowed to another
taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins,
and
``(B) any individual who is a student (as defined
in section 152(f)(2)).
``(d) Qualified Retirement Savings Contributions.--For purposes of
this section--
``(1) In general.--The term `qualified retirement savings
contributions' means, with respect to any taxable year, the sum
of--
``(A) the amount of the qualified retirement
contributions (as defined in section 219(e)) made by
the eligible individual,
``(B) the amount of--
``(i) any elective deferrals (as defined in
section 402(g)(3)) of such individual, and
``(ii) any elective deferral of
compensation by such individual under an
eligible deferred compensation plan (as defined
in section 457(b)) of an eligible employer
described in section 457(e)(1)(A), and
``(C) the amount of voluntary employee
contributions by such individual to any qualified
retirement plan (as defined in section 4974(c)).
Such term shall not include any amount attributable to a
payment under subsection (a).
``(2) Reduction for certain distributions.--
``(A) In general.--The qualified retirement savings
contributions determined under paragraph (1) for a
taxable year shall be reduced (but not below zero) by
the aggregate distributions received by the individual
during the testing period from any entity of a type to
which contributions under paragraph (1) may be made.
``(B) Testing period.--For purposes of subparagraph
(A), the testing period, with respect to a taxable
year, is the period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year
and before the due date (including extensions)
for filing the return of tax for such taxable
year.
``(C) Excepted distributions.--There shall not be
taken into account under subparagraph (A)--
``(i) any distribution referred to in
section 72(p), 401(k)(8), 401(m)(6), 402(g)(2),
404(k), or 408(d)(4),
``(ii) any distribution to which section
408(d)(3) or 408A(d)(3) applies, and
``(iii) any portion of a distribution if
such portion is transferred or paid in a
rollover contribution (as defined in section
402(c), 403(a)(4), 403(b)(8), 408A(e), or
457(e)(16)) to an account or plan to which
qualified retirement contributions can be made.
``(D) Treatment of distributions received by spouse
of individual.--For purposes of determining
distributions received by an individual under
subparagraph (A) for any taxable year, any distribution
received by the spouse of such individual shall be
treated as received by such individual if such
individual and spouse file a joint return for such
taxable year and for the taxable year during which the
spouse receives the distribution.
``(e) Applicable Retirement Savings Vehicle.--
``(1) In general.--The term `applicable retirement savings
vehicle' means--
``(A) an account or plan elected by the eligible
individual under paragraph (2), or
``(B) if no such election is made, a myRA
established for the benefit of the eligible individual.
For purposes of subparagraph (B), if no myRA has previously
been established for the benefit of the individual, the
Secretary shall establish such an account for such individual
for purposes of contributions under this section.
``(2) Other retirement vehicles.--An eligible individual
may elect to have the amount determined under subsection (a)
contributed to an account or plan which--
``(A) is a Roth IRA or a designated Roth account
(within the meaning of section 402A) of an applicable
retirement plan (as defined in section 402A(e)(1)),
``(B) is for the benefit of the eligible
individual,
``(C) accepts contributions made under this
section, and
``(D) is designated by such individual (in such
form and manner as the Secretary may provide) on the
return of tax for the taxable year.
``(3) MyRA.--For purposes of paragraph (1), the term `MyRA'
means a Roth IRA which is established--
``(A) under the myRA program established under
regulations promulgated by the Secretary, and
``(B) by the individual for whose benefit the Roth
IRA was created or by the Secretary on behalf of such
individual.
``(f) Other Definitions and Special Rules.--
``(1) Modified adjusted gross income.--For purposes of this
section, the term `modified adjusted gross income' means
adjusted gross income--
``(A) determined without regard to sections 911,
931, and 933, and
``(B) determined without regard to any exclusion or
deduction allowed for any qualified retirement savings
contribution made during the taxable year.
``(2) Treatment of contributions.--In the case of any
contribution under subsection (a)(2)--
``(A) except as otherwise provided in this section
or by the Secretary under regulations, such
contribution shall be treated in the same manner as a
contribution made by the individual on whose behalf
such contribution was made,
``(B) such contribution shall not be treated as
income to the taxpayer, and
``(C) such contribution shall not be taken into
account with respect to any applicable limitation under
sections 402(g)(1), 403(b), 408(a)(1), 408(b)(2)(B),
408A(c)(2), 414(v)(2), 415(c), or 457(b)(2).
``(3) Treatment of qualified plans, etc.--A plan or
arrangement to which a contribution is made under this section
shall not be treated as violating any requirement under section
401, 403, 408, or 457 solely by reason of accepting such
contribution.
``(4) Erroneous credits.--If any contribution is
erroneously paid under subsection (a)(2), the amount of such
erroneous payment shall be treated as an underpayment of tax.
``(g) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2017, each of the dollar
amounts in subsections (a)(2) and (b)(3)(A)(i) 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, determined by substituting
`calendar year 2016' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under paragraph
(1) shall be rounded to the nearest multiple of--
``(A) $100 in the case of an adjustment of the
amount in subsection (a)(2), and
``(B) $1,000 in the case of an adjustment of the
amount in subsection (b)(3)(A)(i).''.
(b) Promotion and Guidance.--
(1) Promotion.--The Secretary of the Treasury (or the
Secretary's delegate) shall educate taxpayers on the benefits
provided under section 6433 of the Internal Revenue Code of
1986.
(2) Guidance.--Not later than December 31, 2017, the
Secretary of the Treasury (or the Secretary's delegate) shall
issue guidance on the implementation and administration of the
amendments made by this section.
(c) Payment Authority.--Section 1324(b)(2) of title 31, United
States Code, is amended by striking ``or 6431'' and inserting ``6431,
or 6433''.
(d) Deficiencies.--Section 6211(b)(4) is amended by striking ``and
6431'' and inserting ``6431, and 6433''.
(e) Conforming Amendments.--
(1) Section 25B of the Internal Revenue Code of 1986 is
amended by striking subsections (a) through (f) and inserting
the following:
``For payment of credit related to qualified retirement savings
contributions, see section 6433.''.
(2) The table of sections for subchapter B of chapter 65 of
such Code is amended by adding at the end the following new
item:
``Sec. 6433. Matching payments for elective deferral and IRA
contributions by certain individuals.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Encouraging Americans to Save Act This bill amends the Internal Revenue Code to expand the tax credit for retirement savings contributions to: (1) make such credit refundable; (2) allow individual taxpayers (excluding dependents and full-time students) who have attained age 18 as of the close of the taxable year a credit for 50% of their retirement savings contributions up to $1,000; (3) increase the maximum income threshold for determining eligibility for the credit; and (4) allow direct deposit of credit amounts into the taxpayer's retirement savings vehicle (e.g., MyRA or Roth IRA account). The Department of the Treasury shall educate taxpayers on the benefits of the credit for retirement savings contributions. | Encouraging Americans to Save Act |
SECTION 1. ESTABLISHMENT OF COMMISSION.
There is established an independent commission in the executive
branch to be known as the ``Commission on America and its Veterans''
(referred to in this Act as the ``Commission'').
SEC. 2. FINDINGS.
Congress finds the following:
(1) After more than a decade of war, and much work to help
members of the Armed Forces returning home from the
battlefield, the United States needs a wider and more thorough
process for welcoming members back, taking care of their needs,
and reintegrating them into society.
(2) Many initiatives exist that provide help for the men
and women who have fought, but there are gaps in our support
for veterans that need to be addressed.
(3) The United States has waged wars, but not all are
involved in fighting those wars, and the United States needs to
be more deeply and regularly connected with members and their
experiences in war and returning from war.
(4) Veterans contribute mightily to the society of the
United States but many veterans endure ongoing psychological
trauma, challenges with employment, crime and dislocation, and
veterans' families and communities are also faced with the
after-effects of war in ways that need to be publicly
addressed.
(5) The Nation needs a whole-of-society approach to
improving the veteran's position in society, and improving how
we welcome veterans when they return, and improving veterans'
experience when they come back, and do so in a way that helps
veterans, their families, and their communities.
SEC. 3. DUTIES OF COMMISSION.
(a) In General.--The Commission shall--
(1) not later than January 31, 2014, submit to the
President and Congress a report suggesting ceremonies and
events to be held throughout the United States to acknowledge
the wars recently fought and for the heroism displayed by
members of the Armed Forces and the costs in lives and injuries
paid by members, families, and communities;
(2) not later than December 31, 2014, submit to the
President and Congress a report on the findings, conclusions,
and legislative or other recommendations of the Commission with
respect to any deficiency in how the United States welcomes
back members of the Armed Forces returning home, including--
(A) by studying the entirety of the reintegration
experience on the member, the family of the member, and
the community of the member to identify any such
deficiencies that can be addressed to make such
reintegration a complete and positive experience; and
(B) with a particular emphasis on the effects of
post-traumatic stress and the other social and health
issues of members and veterans;
(3) not later than 120 days after the date of the enactment
of this Act, begin convening conversations throughout the
United States--
(A) on the effect of war on members, the families
of members, and the communities of members; and
(B) addressing the reintegration experience and the
gap between the military, veterans, and civilian life;
and
(4) beginning on the date that is 180 days after the date
of the enactment of this Act, and at regular intervals
thereafter during the life of the Commission, including a final
report at the end of such life, submit to the Secretary of
Veterans Affairs recommendations regarding the Office of Armed
Services and Veterans Public Outreach established under section
9, including how to best conduct an ongoing interaction between
members of the Armed Forces, veterans, and civilians,
particularly with young people, in which members and veterans
share their stories and the effect of their service and
reintegration experience directly with civilians and for
recorded history.
(b) Interim Reports.--The Commission may submit to the President
and Congress interim reports containing such findings, conclusions, and
recommendations as have been agreed to by a majority of Commission
members.
SEC. 4. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 18 members as
follows:
(1) One member, who shall serve as chairman of the
Commission, shall be appointed by the President.
(2) One member, who shall serve as vice chairman of the
Commission, shall be appointed by the Speaker of the House of
Representatives.
(3) Four members shall be appointed by the majority leader
of the Senate.
(4) Four members shall be appointed by the Speaker of the
House of Representatives (in addition to the one member
appointed under paragraph (2)).
(5) Four members shall be appointed by the minority leader
of the Senate.
(6) Four members shall be appointed by the minority leader
of the House of Representatives.
(b) Qualifications.--
(1) Expertise.--Members of the Commission shall be
appointed from among individuals who have personally and
professionally experienced the effects of war on the Armed
Forces, families, and society.
(2) Nongovernmental appointees.--Members of the Commission
may not be an officer or employee of the Federal Government.
(3) Veterans included.--Not less than one member of the
Commission appointed under each of paragraphs (3) through (6)
of subsection (a) shall be a veteran.
(4) Deadline for appointment.--Members of the Commission
shall be appointed not later than 30 days after the date of the
enactment of this Act.
(c) Vacancies.--Except as provided in subsection (e)(3) with
respect to a quorum, any vacancy in the Commission shall not affect its
powers. A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
(d) Compensation.--
(1) Pay.--Except as provided by paragraph (2), members of
the Commission shall serve without pay.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code, including section
5703.
(e) Initial Meeting; Rules of Procedure; Quorum.--
(1) Initial meeting.--The Commission shall hold the initial
meeting of the Commission not later than 60 days after the date
of the enactment of this Act.
(2) Meetings.--After the initial meeting under paragraph
(1), the Commission shall meet at the call of the chairman or a
majority of members.
(3) Quorum.--Ten members of the Commission shall constitute
a quorum but a lesser number may hold hearings.
(4) Rules of procedure.--The Commission may establish rules
for the conduct of the business of the Commission, if such
rules are not inconsistent with this Act or other applicable
law.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings.--For the purpose of carrying out this Act, the
Commission (or on the authority of the Commission, any subcommittee,
member, or designated staff thereof), may hold such hearings and sit
and act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission considers
appropriate. The Commission shall hold not less than one hearing in
each of the several States and the District of Columbia and may hold
hearings in any commonwealth, territory, or possession of the United
States as the Commission determines appropriate.
(b) Contracting.--To the extent or in the amounts provided in
advance in appropriation Acts, the Commission may enter into contracts
to enable the Commission to carry out the responsibilities of the
Commission under this Act.
(c) Information From Federal Agencies.--The Commission may secure
directly from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
chairman of the Commission, the chairman of any subcommittee created by
a majority of the Commission, or any member designated by a majority of
the Commission, the head of that department or agency shall furnish
that information to the Commission.
(d) Assistance From Federal Agencies.--
(1) General services administration.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services and other services necessary
for the Commission to carry out the responsibilities of the
Commission under this Act.
(2) Other departments and agencies.--In addition to the
assistance described in paragraph (1), the head of any
department or agency of the United States may provide to the
Commission such services, funds, facilities, staff, and other
support services as they may determine advisable and as may be
authorized by law.
(e) Gifts.--The Commission may accept, use, and dispose of gifts,
bequests, or devises of services or property, both real and personal,
for the purpose of aiding or facilitating the work of the Commission.
Gifts, bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be deposited in
the Treasury and shall be available for disbursement upon order of the
chairman, vice chairman, or designee.
(f) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 6. STAFF.
(a) In General.--
(1) Appointment and compensation.--The chairman, in
accordance with rules agreed upon by the Commission, shall
appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out the responsibilities of the Commission, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of such title relating to classification and General
Schedule pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a
position at level III of the Executive Schedule under section
5316 of title 5, United States Code.
(2) Personnel as federal employees.--The executive director
and any employee of the Commission (not including members
appointed under section 4(a)) shall be employees under section
2105 of title 5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(b) Detailees.--Any employee of the Federal Government may be
detailed by the head of the department or agency of the employee to the
Commission without reimbursement from the Commission, and such detailee
shall retain the rights, status, and privileges of the detailee's
regular employment without interruption.
(c) Expert and Consultant Services.--The Commission may procure the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code, but at rates not to exceed the daily rate
paid a person occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code.
(d) Volunteer Services.--Notwithstanding section 1342 of title 31,
United States Code, the Commission may accept and use voluntary and
uncompensated services as the Commission determines necessary.
SEC. 7. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the reports required under
section 3.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable law, regulation, or Executive order.
SEC. 8. TERMINATION.
(a) Termination.--
(1) In general.--The Commission shall terminate on May 31,
2016.
(2) Administrative activities before termination.--The
Commission may use the 60-day period preceding the date on
which it terminates under paragraph (1) for the purpose of
concluding its activities, including providing testimony to
committees of Congress concerning its reports and disseminating
the final report.
SEC. 9. ESTABLISHMENT OF OFFICE OF ARMED SERVICES AND VETERANS PUBLIC
OUTREACH.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish within the Department of Veterans Affairs an Office of Armed
Services and Veterans Public Outreach (in this section referred to as
the ``Office'').
(b) Duties.--The Office shall work with the Armed Forces, veterans
service organizations, the private and public sectors, nonprofit
organizations, local educational agencies, and other organizations to
help match veterans and members of the Armed Forces with civilian
audiences in order for private and nonprofit organizations to conduct
ongoing interactions between members, veterans, and civilians,
particularly with young people, in which members and veterans share
their stories and the effect of their service and reintegration
experience directly with civilians and for recorded history.
SEC. 10. FUNDING.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 11. VETERAN DEFINED.
In this section, the term ``veteran'' has the meaning given that
term in section 101(2) of title 38, United States Code. | Establishes as an independent commission the Commission on America and its Veterans to: (1) submit to the President and Congress suggestions for ceremonies and events to acknowledge the wars recently fought and the heroism displayed by members of the Armed Forces; (2) report to the President and Congress on Commission findings, conclusions, and recommendations with respect to any deficiency in how the United States welcomes back such members; (3) begin convening conversations on the effect of war on members, their families, and the local communities, as well as addressing the reintegration experience and the gap between the military, veterans, and civilian life; and (4) submit to the Secretary of Veterans Affairs (VA) recommendations regarding activities of the Office of Armed Services and Veterans Public Outreach (established under this Act). | To establish the Commission on America and its Veterans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value in Supporting International
Tourism in the United States Act of 1998'' or ``Visit USA Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the travel and tourism industry, as one of the Nation's
largest employers, has made a substantial contribution to the
health of the Nation's economy in that:
(A) the industry directly employs 7,000,000
Americans, throughout every region of the country,
heavily concentrated among small businesses, and
indirectly employs an additional 9,200,000 Americans,
for a total of 16,200,000 jobs;
(B) the industry ranks as the first, second, or
third largest employer in 32 States and the District of
Columbia, generating a total tourism-related annual
payroll of $127,900,000,000;
(C) the industry has become the Nation's third
largest retail sales industry, generating a total of
$489,000,000,000 each year in total expenditures; and
(D) in 1977 the industry generated $71,700,000,000
in tax revenues for Federal, State, and local
governments;
(2) through an effective public-private partnership,
Federal, State, and local governments and the travel and
tourism industry can successfully market the United States as
the premiere international tourist destination in the world;
(3) the private sector, States, and cities currently spend
more than $1,000,000,000 annually to promote particular
destinations within the United States to international
visitors;
(4) the more than $98,000,000,000 spent by more than
54,000,000 foreign visitors in the United States in 1997
generated a trade surplus in the service sector of more than
$26,000,000,000;
(5) 100 nations around the world spend hundreds of millions
of dollars annually to promote the visits of international
tourists to their countries, whereas the United States does not
expend Federal funds for this purpose;
(6) the United States will miss a major marketing
opportunity if it fails to aggressively compete for an
increased share of international tourism expenditures;
(7) in 1997, 17,900,000 more people visited France than the
United States;
(8) 92 percent of the tourism industry is composed of
small- and medium-sized businesses;
(9) a well-funded, well-coordinated international marketing
effort--developed and implemented by a joint public-private
sector effort--would help small and large businesses, as well
as State and local governments, share in the projected growth
of the international travel and tourism market in the 21st
century;
(10) Congress can increase the opportunities for attracting
international visitors and enhancing their stay in the United
States by--
(A) continuing the successful visa waiver pilot
program;
(B) improving international signage at airports,
seaports, land border crossings, highways, and bus,
train, and other public transit stations in the United
States;
(C) increasing the availability of multilingual
tourist information; and
(D) creating a toll-free, private sector operated,
emergency telephone number, staffed by multilingual
operators, to provide assistance to international
tourists;
(11) by establishing a satellite system of accounting for
travel and tourism, the Secretary of Commerce could provide
Congress and the President with objective, thorough data that
would help policymakers more accurately gauge the size and scope of the
domestic travel and tourism industry and its significant impact on the
health of the Nation's economy; and
(12) having established the United States National Tourism
Organization under the United States National Tourism
Organization Act of 1996 (22 U.S.C. 2141 et seq.) to increase
the United States share of the international tourism market by
developing a national travel and tourism strategy, Congress
should support a long-term marketing effort and other important
regulatory reform initiatives to promote increased
international travel to the United States.
(b) Purpose.--The purpose of this Act is to facilitate
international visitors' travel in the United States and promote an
international marketing program to make the United States the premiere
travel destination in the world.
TITLE I--INTERNATIONAL VISITOR INITIATIVES
SEC. 101. INTERNATIONAL VISITOR ASSISTANCE TASK FORCE.
(a) Establishment.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Commerce shall establish an
Intergovernmental Task Force for International Visitor Assistance
(hereafter in this section referred to as the ``Task Force'').
(b) Duties.--The Task Force shall examine--
(1) signage at facilities in the United States, including
airports, seaports, land border crossings, highways, and bus,
train, and other public transit stations, and shall identify
existing inadequacies and suggest solutions for such
inadequacies, such as the adoption of uniform standards on
international signage for use throughout the United States in
order to facilitate international visitors' travel in the
United States;
(2) the availability of multilingual travel and tourism
information and means of disseminating, at no or minimal cost
to the Government, such information; and
(3) the feasibility of establishing a toll-free, private
sector operated telephone number, staffed by multilingual
operators, to provide assistance to international tourists
coping with an emergency.
(c) Membership.--The Task Force shall be composed of the following
members:
(1) The Secretary of Commerce.
(2) The Secretary of State.
(3) The Secretary of Transportation.
(4) The Chair of the Board of Directors of the United
States National Tourism Organization.
(5) 1 representative from each of 4 organizations serving
on the United States National Tourism Organization Board of
Directors, chosen by consensus of the Board.
(6) Such other representatives of other Federal agencies
and private sector entities as may be determined to be
appropriate to the mission of the Task Force by the Chairman.
(d) Chairman.--The Secretary of Commerce shall be Chairman of the
Task Force. The Task Force shall meet at least twice each year. Each
member of the Task Force shall furnish necessary assistance to the Task
Force.
(e) Report.--Not later than 18 months after the date of the
enactment of this Act, the Chairman of the Task Force shall submit to
the President and to Congress a report on the results of the review
under subsection (b), including proposed amendments to existing laws or
regulations as may be appropriate to implement such recommendations.
SEC. 102. TRAVEL AND TOURISM INDUSTRY SATELLITE SYSTEM OF ACCOUNTING.
The Secretary of Commerce shall complete, as soon as may be
practicable, a satellite system of accounting for the travel and
tourism industry which will highlight the amounts spent for travel and
tourism.
TITLE II--INTERNATIONAL MARKETING PROGRAM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--Subject to subsection (b), there are authorized
to be appropriated such sums as may be necessary for the purpose of
funding international promotional activities by the United States
National Tourism Organization to help brand, position, and promote the
United States as the premiere travel and tourism destination in the
world.
(b) Restrictions on Use of Funds.--None of the funds appropriated
under subsection (a) may be--
(1) disbursed until matching funds are committed by the
private sector--for each dollar collected from the private
sector, $1 in appropriated funds may be disbursed;
(2) used for the general and administrative expenses of
operating the United States National Tourism Organization;
(3) used for purposes other than researching and marketing
designed to promote the United States as the premiere travel
and tourism destination in the world.
The general and administrative expenses of the Organization shall be
borne by the private sector through such means as the Board of
Directors of the Organization shall determine.
(c) Report to Congress.--Not later than March 30 of each year in
which funds are made available under subsection (a), the Secretary
shall submit to the Committee on Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed report setting forth--
(1) an analysis of the impact of international tourism on
the United States economy, including, as specifically as
practicable, changes in the United States market share of
international tourism in general and as measured against
specific countries and regions;
(2) an analysis of the impact of expenditures made pursuant
to this section on international tourism on the United States
trade balance;
(3) an analysis of other relevant economic impacts as a
result of expenditures made pursuant to this section; and
(4) the expenditure of appropriated funds. | TABLE OF CONTENTS:
Title I: International Visitor Initiatives
Title II: International Marketing Program
Value in Supporting International Tourism in the United States Act of 1998 (or the Visit USA Act) -
Title I: International Visitor Initiatives
- Directs the Secretary of Commerce to establish an Intergovernmental Task Force for International Visitor Assistance. Requires the Task Force to: (1) examine, and report to the President and the Congress its recommendation on, signage at U.S. facilities (including airports, seaports, land border crossings, highways, and bus, train, and other public transit stations); and (2) identify and suggest solutions to existing inadequacies, such as the adoption of uniform standards on international signage for use throughout the United States in order to facilitate international visitors' travel here.
Requires the Task Force also to examine and report on: (1) the availability of multilingual travel and tourism information and means of disseminating such information; and (2) establishment of a toll-free, private-sector operated telephone number, staffed by multilingual operators, to provide assistance to international tourists coping with an emergency.
Directs the Secretary to complete, as soon as practicable, a satellite system of accounting for the travel and tourism industry.
Title II: International Marketing Program
- Authorizes appropriations for U.S. National Tourism Organization international promotional activities. Prohibits the use of such funds for any purpose other than marketing, research, outreach, or any other activity designed to promote the United States as the premiere travel and tourism destination in the world. States that the Organization's general and administrative expenses shall be borne by the private sector. | Visit USA Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Small Businesses in
Federal Contracting Act of 2011''.
SEC. 2. NEW CLASSIFICATION SYSTEM FOR SMALL BUSINESS SIZE
DETERMINATIONS.
(a) In General.--Section 3(a)(2) of the Small Business Act (15
U.S.C. 632(a)(2)) is amended by adding at the end the following:
``(D) Revision of classification.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Fairness for
Small Businesses in Federal Contracting Act of
2011, and in consultation with the Federal
Acquisition Regulatory Council, the
Administrator shall establish a classification
system for industries for purposes of
determining whether business concerns meet the
size standards established under this paragraph
that replaces the North American Industrial
Classification System.
``(ii) Amendment of far.--The Federal
Acquisition Regulatory Council shall amend the
Federal Acquisition Regulation as appropriate
to integrate the classification system
established under clause (i).
``(iii) Integration of system.--The
Administrator of General Services shall
integrate the classification system established
under clause (i) into the Integrated
Acquisition Environment.
``(iv) Criteria.--The classification system
established under clause (i) shall--
``(I) consist of not more than 20
industries;
``(II) include as industries
manufacturing, construction,
professional services, wholesale, and
retail industries; and
``(III) be based on market
conditions as identified by the most
recent Economic Census of the United
States.
``(v) Reviews.--The Administrator shall
review the classification system established
under clause (i) as part of the review of size
standards under section 1344 of the Small
Business Jobs Act of 2010 (15 U.S.C. 632 note).
``(vi) Report.--Not later than 180 days
after the date on which the Administrator
establishes the classification system under
clause (i), the Administrator shall submit to
Congress a report on the establishment and use
of the classification system.''.
(b) Technical and Conforming Amendments.--The Small Business
Investment Act of 1958 (15 U.S.C. 661 et seq.) is amended--
(1) in section 501(e)(6)(A) (15 U.S.C. 695(e)(6)(A)), by
striking ``in sector 31, 32, or 33 of the North American
Industrial Classification System'' and inserting ``as
`manufacturing' under the classification system established
under section 3(a)(2)(D) of the Small Business Act (15 U.S.C.
632(a)(2)(D))''; and
(2) in section 502(2)(B)(i) (15 U.S.C. 696(2)(B)(i)), by
striking ``in sector 31, 32, or 33 of the North American
Industrial Classification System'' and inserting ``as
`manufacturing' under the classification system established
under section 3(a)(2)(D) of the Small Business Act (15 U.S.C.
632(a)(2)(D))''.
SEC. 3. ELIMINATING THE NONMANUFACTURER EXCEPTION TO SMALL BUSINESS
SIZE DETERMINATIONS.
(a) Definitions.--In this section--
(1) the term ``manufacturing''--
(A) means being engaged in the mechanical,
physical, or chemical transformation of materials,
substances, or components into new products; and
(B) does not include construction; and
(2) the term ``offeror'' means the bidder on a contract
solicitation.
(b) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall promulgate regulations that--
(1) eliminate the nonmanufacturer exception to small
business size determinations under section 121.402(b) of title
13 and section 19.102(f) of title 48, Code of Federal
Regulations;
(2) require contracting officers to use the size standards
established by the Administrator for retail and wholesale
industries in procurements for products and services by the
Federal Government that are not manufactured by the offeror;
and
(3) require contracting officers to only use size standards
established by the Administrator for manufacturing industries
if the Federal Government issues a contract for the purchase of
a product or good and the product or good is manufactured by
the offeror. | Fairness for Small Businesses in Federal Contracting Act of 2011 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish a new classification system for industries for purposes of determining whether businesses meet the small business size standards established herein that replaces the North American Industrial Classification System.
Requires: (1) the Federal Acquisition Regulation to be amended to integrate the new system, and (2) the Administrator of General Services to integrate the new system into the Integrated Acquisition Environment.
Directs the SBA Administrator to: (1) eliminate the nonmanufacturer exception to small business size determinations, (2) require contracting officers to use the size standard established for retail and wholesale industries in federal procurements for products and services that are not manufactured by the offeror, and (3) require such officers to use only SBA size standards for manufacturing industries if the federal government issues a contract for the purchase of a product or good that is manufactured by the offeror. | A bill to require the Administrator of the Small Business Administration to develop a new classification system for small business size determinations and to promulgate rules to eliminate the nonmanufacturer exception to small business size determinations, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Narcotics Control Trade Act of
1996''.
SEC. 2. AMENDMENT TO TRADE ACT OF 1974.
(a) In General.--Section 802 of the Trade Act of 1974 is amended to
read as follows:
``SEC. 802. TARIFF TREATMENT OF PRODUCTS OF NONCOOPERATIVE MAJOR
ILLICIT DRUG PRODUCING OR DRUG TRANSIT COUNTRIES.
``(a) Annual Reports on Trade.--
``(1) In general.--At the time that the report required by
section 489(a) of the Foreign Assistance Act of 1961 is
submitted each year, the United States Trade Representative, in
consultation with the Secretary of State, shall report to the
appropriate congressional committees on the bilateral trade
relationship between the United States and each major illicit
drug producing country and each major drug transit country as
determined under section 490(h) of that Act, including the
volume of imports entering the United States from that country
under any preferential trade program such as that under title V
of this Act (relating to the Generalized System of
Preferences), the Caribbean Basin Economic Recovery Act, or the
Andean Trade Preference Act. The report may be submitted in
classified form, as appropriate.
``(2) Review of impact of imposition of trade sanctions on
major illicit drug producing and major drug transit
countries.--The report required by paragraph (1) shall include
an assessment, for each of the countries referred to in
paragraph (1)--
``(A) by the United States Trade Representative of
the anticipated impact of taking any of the actions
described in subsection (b) on the economy of the
United States, and the economy of such country; and
``(B) by the Secretary of State of the anticipated
impact of taking any of the actions described in
subsection (b) on the country's cooperation with the
United States, or taking steps on its own, to achieve
full compliance with the goals and objectives of the
United Nations Convention Against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances.
``(3) Recommendation on trade sanctions.--At the time that
the report is submitted under paragraph (1), the Trade
Representative, in consultation with the Secretary of State,
shall recommend to the President, on the basis of available
information, which trade sanctions should be imposed by the
President under subsection (b)(2), and the products to which
the sanctions should be applied.
``(4) Information to be included.--Each report under this
subsection shall take into account information from sources
available to the United States Trade Representative and the
Secretary of State, and such information as may be submitted to
the Trade Representative or the Secretary by interested
persons.
``(b) Required Actions by President.--
``(1) In general.--Subject to subsection (c), for each
major illicit drug producing or major drug transit country, the
President shall, at the time of submission of the report
required by section 489(a) of the Foreign Assistance Act of
1961, or at any time after the submission of such report, to
the extent considered necessary to achieve the purpose of this
title--
``(A) deny to any or all of the products of that
country nondiscriminatory treatment (most favored
nation treatment) or tariff treatment under title V
(relating to the Generalized System of Preferences),
the Caribbean Basin Economic Recovery Act, the Andean
Trade Preference Act, or any other law providing
preferential tariff treatment;
``(B) apply to any or all of the dutiable products
of that country an additional duty at a rate not to
exceed 50 percent ad valorem or the specific rate
equivalent;
``(C) apply to one or more duty-free products of
that country a duty at a rate not to exceed 50 percent
ad valorem;
``(D) take the steps described in subsection (g)(1)
or (2), or both, to curtail air transportation between
the United States and that country;
``(E) withdraw the personnel and resources of the
United States from participation in any arrangement
with that country for the pre-clearance of customs by
visitors between the United States and that country;
``(F) deny trade benefits under any agreement
between that country and the United States establishing
a free trade area;
``(G) decline to negotiate with that country for
purposes of establishing a free trade area; or
``(H) take any combination of the actions described
in subparagraphs (A) through (G).
``(2) Requirement for imposition of sanctions.--The
President shall take at least one of the actions described in
paragraph (1) for any major illicit drug producing or major
drug transit country that has been denied certification under
subsection (c)(1)(A) for 2 or more consecutive years.
``(c) Certification Procedures.--
``(1) What must be certified.--Subject to paragraph (4),
subsection (b) shall not apply with respect to a country if the
President determines and certifies to the Congress at the time
of the submission of the report required by section 489(a) of
the Foreign Assistance Act of 1961, that--
``(A) during the previous year the country has
cooperated fully with the United States, or has taken
adequate steps on its own, to achieve full compliance
with the goals and objectives established by the United
Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances; or
``(B) for a country that would not otherwise
qualify for certification under subparagraph (A), the
vital national interests of the United States require
that subsection (b) not be applied with respect to that country.
``(2) Considerations regarding cooperation.--In making the
determination described in paragraph (1)(A), the President
shall consider the extent to which the country has--
``(A) met the goals and objectives of the United
Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, including action on
such issues as illicit cultivation, production,
distribution, sale, transport and financing, and money
laundering, asset seizure, extradition, mutual legal
assistance, law enforcement and transit cooperation,
precursor chemical control, and demand reduction;
``(B) accomplished the goals described in an
applicable bilateral narcotics agreement with the
United States or a multilateral agreement; and
``(C) taken legal and law enforcement measures to
prevent and punish public corruption, especially by
senior government officials, that facilitates the
production, processing, or shipment of narcotic and
psychotropic substances, or that discourages the
investigation or prosecution of such acts.
``(3) Information to be included in national interest
certification.--If the President makes a certification with
respect to a country pursuant to paragraph (1)(B), the
President shall include in such certification--
``(A) a full and complete description of the vital
national interests placed at risk if action is taken
pursuant to subsection (b) with respect to that
country; and
``(B) a statement weighing the risk described in
subparagraph (A) against the risks posed to the vital
national interest of the United States by the failure
of such country to cooperate fully with the United
States in combating narcotics or to take adequate steps
to combat narcotics on its own.
``(4) Congressional review.--Subsection (b) shall apply to
a country without regard to paragraph (1) if, within 30
calendar days after the receipt of a certification submitted
under this subsection, the Congress enacts a joint resolution
disapproving the determination of the President contained in
such certification.
``(d) Licit Opium Producing Countries.--The President may make a
certification under subsection (c)(1)(A) with respect to a major
illicit drug producing country, or major drug transit country, that is
a producer of licit opium only if the President determines that such
country has taken adequate steps to prevent significant diversion of
its licit cultivation and production into the illicit market, maintains
production and stockpiles at levels no higher than those consistent
with licit market demand, and prevents illicit cultivation and
production.
``(e) Duration of Action.--Any action taken by the President under
subparagraph (A), (B), (C), or (F) of subsection (b)(1) shall apply to
the products of a foreign country that are entered, or withdrawn from
warehouse for consumption, during the period that such action is in
effect.
``(f) Recertification.--Any action taken by the President under
subsection (b) against a country shall remain in effect until--
``(1) the President, at the time of submission of the
report required by section 489(a) of the Foreign Assistance Act
of 1961--
``(A) makes a certification under subsection
(c)(1)(A) with respect to that country, if the action
was taken under subsection (b)(2), or
``(B) makes a certification under subsection (c)(1)
with respect to that country, in any other case,
and the Congress does not enact a joint resolution under
subsection (c)(4) disapproving the determination of the
President contained in that certification; or
``(2) the President, at any other time, makes the
certification described in subsection (c)(1)(B) with respect to
that country, except that this paragraph applies only if
either--
``(A) the President also certifies that--
``(i) that country has undergone a
fundamental change in the government, or
``(ii) there has been a fundamental change
in the conditions that were the reason--
``(I) why the President had not
made a certification with respect to
that country under subsection
(c)(1)(A), or
``(II) if he had made such a
certification and the Congress enacted
a joint resolution disapproving the
determination contained in the
certification, why the Congress enacted
that joint resolution; or
``(B) the Congress does not enact a joint
resolution disapproving the determination contained in
the certification under subsection (c)(1)(B).
Any certification under subparagraph (A) of paragraph (2) shall
discuss the justification for the certification.
``(g) Presidential Action Regarding Aviation.--
``(1) Suspension of air service.--(A) The President is
authorized to notify the government of a country against which
is imposed the sanction described in subsection (b)(1)(D) of
the President's intention to suspend the authority of foreign
air carriers owned or controlled by the government or nationals
of that country to engage in foreign air transportation to or
from the United States.
``(B) Within 10 days after the date of notification of a
government under subparagraph (A), the Secretary of
Transportation shall take all steps necessary to suspend at the
earliest possible date the authority of any foreign air carrier
owned or controlled, directly or indirectly, by the government
or nationals of that country to engage in foreign air
transportation to or from the United States, notwithstanding
any agreement relating to air services.
``(C) The President may also direct the Secretary of
Transportation to take such steps as may be necessary to
suspend the authority of any air carrier to engage in foreign
air transportation between the United States and that country.
``(2) Termination of air service agreement.--(A) The
President may direct the Secretary of State to terminate any
air service agreement between the United States and a country
against which a sanction described in subsection (b)(1)(D) is
imposed in accordance with the provisions of that agreement.
``(B) Upon termination of an agreement under this
paragraph, the Secretary of Transportation shall take such
steps as may be necessary to revoke at the earliest possible
date the right of any foreign air carrier owned or controlled,
directly or indirectly, by the government or nationals of that
country to engage in foreign air transportation to or from the
United States.
``(C) Upon termination of an agreement under this
paragraph, the Secretary of Transportation may also revoke the
authority of any air carrier to engage in foreign air
transportation between the United States and that country.
``(3) Exceptions.--The Secretary of Transportation may
provide for such exceptions from paragraphs (1) and (2) as the
Secretary considers necessary to provide for emergencies in
which the safety of an aircraft or its crew or passengers is
threatened.
``(h) Congressional Review Procedures.--The procedures for
congressional review contained in section 490(g) of the Foreign
Assistance Act of 1961 shall apply to the consideration of any joint
resolution under this section.
``(i) Notification.--(1) The President shall notify the appropriate
congressional committees any time an action is taken under subsection
(b) with respect to a major illicit drug producing or major drug
transit country.
``(2) The President shall also notify the appropriate congressional
committees any time an action taken under subsection (b) with respect
to a major illicit drug producing or major drug transit country is
modified or suspended.
``(j) Definitions.--(1) For purposes of this section, the terms
`major illicit drug producing country' and `major drug transit country'
have the meanings such terms have under section 481(e) of the Foreign
Assistance Act of 1961.
``(2) For purposes of this section, the terms `air transportation',
`air carrier', `foreign air carrier', and `foreign air transportation'
have the meanings such terms have under section 101 of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1301).
``(3) For purposes of this section, the term `appropriate
congressional committees' means the Committee on Ways and Means and the
Committee on International Relations of the House of Representatives
and the Committee on Finance and the Committee on Foreign Relations of
the Senate.''.
(b) Repeal of Obsolete Provisions.--Sections 804 and 805 of the
Trade Act of 1974 (19 U.S.C. 2493 and 2494) are repealed.
SEC. 3. DEFENSES OF THE UNITED STATES UNDER EXISTING TRADE AGREEMENTS.
If proceedings are initiated by a country against the United States
in the World Trade Organization or under the North American Free Trade
Agreement with respect to actions taken pursuant to title VIII of the
Trade Act of 1974 (19 U.S.C. 2491 et seq.), the President shall invoke
all applicable defenses in such proceedings, including exceptions for
measures necessary to protect the national security of the United
States and to protect human, animal, or plant life, or health. | Narcotics Control Trade Act of 1996 - Amends the Trade Act of 1974 to revise requirements for the tariff treatment of products of uncooperative major drug producing or drug-transit countries. Requires the United States Trade Representative (USTR) to report annually to the appropriate congressional committees on: (1) the bilateral trade relationship between the United States and each major illicit drug producing country and each major drug-transit country, including the volume of imports entering the United States from that country; and (2) an assessment with the Secretary of State of the impact of imposing certain trade sanctions against such countries on the economy of the United States and that country, and on the country's cooperation with the United States in achieving the objectives of the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Requires the President to impose one or more existing trade sanctions recommended by the USTR against countries not certified as in compliance with the anti-drug producing and trafficking objectives of the Convention. Adds to existing sanctions: (1) denial of trade benefits under any agreement between the country in question and the United States establishing a free trade area; and (2) refusal to negotiate for purposes of establishing such a free trade area.
Requires the President to invoke all applicable defenses, including exceptions for measures necessary to protect U.S. national security and to protect human, animal, or plant life, or health, if proceedings are initiated by a country against the United States in the World Trade Organization (WTO) or under the North American Free Trade Agreement (NAFTA) with respect to such trade sanctions. | Narcotics Control Trade Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Intellectual Property
Protection and Enforcement Act of 2008''.
SEC. 2. SPECIAL RULES FOR COUNTRIES ON THE PRIORITY WATCH LIST OF THE
UNITED STATES TRADE REPRESENTATIVE.
(a) In General.--Section 182 of the Trade Act of 1974 (19 U.S.C.
2242) is amended by striking subsection (g) and inserting the
following:
``(g) Special Rules for Foreign Countries on the Priority Watch
List.--
``(1) Action plans.--
``(A) In general.--Not later than 90 days after the
date on which the Trade Representative submits the
National Trade Estimate under section 181(b), the Trade
Representative shall, in consultation with the officers
described in subsection (b)(2)(A), develop an action
plan described in subparagraph (C) with respect to each
foreign country described in subparagraph (B).
``(B) Foreign country described.--The Trade
Representative shall develop an action plan pursuant to
subparagraph (A) with respect to each foreign country
that--
``(i) the Trade Representative has
identified for placement on the priority watch
list; and
``(ii) has remained on such list for at
least 1 year.
``(C) Action plan described.--An action plan
developed pursuant to subparagraph (A) shall contain
the benchmarks described in subparagraph (D) and be
designed to assist the foreign country to--
``(i) achieve--
``(I) adequate and effective
protection of intellectual property
rights; and
``(II) fair and equitable market
access for United States persons that
rely upon intellectual property
protection; or
``(ii) make significant progress toward
achieving the goals described in clause (i).
``(D) Benchmarks described.--The benchmarks
contained in an action plan developed pursuant to
subparagraph (A) are such legislative, institutional,
enforcement, or other actions as the Trade
Representative determines to be necessary for the
foreign country to achieve the goals described in
clause (i) or (ii) of subparagraph (C).
``(2) Failure to meet action plan benchmarks.--
``(A) In general.--If, 1 year after the date on
which an action plan is developed under paragraph
(1)(A), the President, in consultation with the Trade
Representative, determines that the foreign country to
which the action plan applies has not substantially
complied with the benchmarks described in paragraph
(1)(D), the President may take one or more of the
actions described in subparagraph (B) with respect to
the foreign country.
``(B) Presidential action described.--The President
may take the following actions pursuant to subparagraph
(A):
``(i) Government procurement.--Suspend,
restrict, or prohibit new or renewed
procurement by the Federal Government of goods
or services from the foreign country, unless--
``(I) the foreign country is a
party to the Agreement on Government
Procurement referred to in section
101(d)(17) of the Uruguay Round
Agreements Act (19 U.S.C. 3511(d)(17))
or any other international agreement
relating to government procurement to
which the United States is also a
party; and
``(II) such suspension,
restriction, or prohibition would
violate any such agreement.
``(ii) Overseas private investment
corporation financing.--Suspend, restrict, or
prohibit the approval of new financing
(including loans, guarantees, other credits,
insurance, and reinsurance) by the Overseas
Private Investment Corporation with respect to
a project located in the foreign country or in
which an entity of the foreign country
participates.
``(iii) Export-import bank financing.--
Suspend, restrict, or prohibit the approval of
new financing (including loans, guarantees,
other credits, insurance, and reinsurance) by
the Export-Import Bank of the United States in
connection with the export of any good or
service to the foreign country or an entity of
the foreign country.
``(iv) Multilateral development bank
financing.--Instruct the United States
Executive Director of each multilateral
development bank (as defined in section 1307 of
the International Financial Institutions Act
(22 U.S.C. 262m-7)) to oppose the approval of
any new financing (including loans, guarantees,
other credits, insurance, and reinsurance) by
the multilateral development bank to the
government of the foreign country or with
respect to a project located in the foreign
country or in which an entity of the foreign
country participates.
``(v) Trade and development agency.--
Suspend, restrict, or prohibit the provision of
assistance by the United States Trade and
Development Agency in connection with a project
located in the foreign country or in which an
entity of the foreign country participates.
``(vi) Preferential trade programs.--
Suspend, limit, or withdraw any preferential
treatment for which the foreign country
qualifies under the Generalized System of
Preferences under title V of the Trade Act of
1974 (19 U.S.C. 2461 et seq.), the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2701 et
seq.), the Andean Trade Preference Act (19
U.S.C. 3201 et seq.), or the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.).
``(C) Restoration of benefits.--The President shall
revoke any actions taken with respect to a foreign
country under subparagraph (B) on the date on which the
President, in consultation with the Trade
Representative, determines and certifies to Congress
that the foreign country has substantially complied
with the benchmarks described in paragraph (1)(D).
``(3) Priority watch list defined.--For purposes of this
subsection, the term `priority watch list' means the priority
watch list established by the Trade Representative.
``(h) Annual Report.--Not later than 30 days after the date on
which the Trade Representative submits the National Trade Estimate
under section 181(b), the Trade Representative shall transmit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on actions taken under this
section during the 12 months preceding such report, and the reasons for
such actions, including--
``(1) any foreign countries identified under subsection
(a);
``(2) a description of progress made in achieving improved
intellectual property protection and market access for persons
relying on intellectual property rights; and
``(3) a description of the action plans developed under
subsection (g) and any actions taken by foreign countries under
such plans.''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Office of the United States Trade Representative such sums
as may be necessary to provide assistance to any developing
country to which an action plan applies under section 182(g) of
the Trade Act of 1974, as amended by subsection (a), to
facilitate the efforts of the developing country to comply with
the benchmarks contained in the action plan. Such assistance
may include capacity building, activities designed to increase
awareness of intellectual property rights, and training for
officials responsible for enforcing intellectual property
rights in the developing country.
(2) Developing country defined.--For purposes of this
subsection, the term ``developing country'' means a country
classified by the World Bank as having a low-income or lower-
middle-income economy.
(c) Savings.--Nothing in this section shall be construed as
limiting the authority of the President or the United States Trade
Representative to develop action plans other than action plans
described in section 182(g) of the Trade Act of 1974, as amended by
subsection (a), or to take any action otherwise authorized by law in
response to the failure of a foreign country to provide adequate and
effective protection and enforcement of intellectual property rights.
SEC. 3. ADDITIONAL PERSONNEL IN COUNTRIES WITH COMMERCIALLY SIGNIFICANT
RELATIONSHIPS WITH THE UNITED STATES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the President shall ensure that an intellectual
property attache with the title of Minister-Counselor is placed in the
United States embassy of each foreign country with which the President
determines the United States has a commercially significant
relationship.
(b) Functions of Attaches.--An intellectual property attache placed
in a United States embassy in a foreign country under subsection (a)
shall--
(1) serve as a liaison between the United States and the
foreign country on matters relating to the protection and
enforcement of intellectual property rights; and
(2) gather and provide any information requested by the
United States Trade Representative for purposes of developing
or determining compliance with an action plan described in
section 182(g) of the Trade Act of 1974, as amended by section
2(a).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | International Intellectual Property Protection and Enforcement Act of 2008 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), within 90 days after submitting the annual National Trade Estimate, to develop an action plan for foreign countries that have spent at least one year on the priority watch list that calls for such countries to meet benchmarks designed to assist them to achieve: (1) effective protection of intellectual property rights; and (2) equitable market access for U.S. persons that rely upon intellectual property protection.
Authorizes the President to impose certain economic sanctions on foreign countries that do not substantially comply with the benchmarks of an action plan.
Directs the President to ensure that an intellectual property attaché with the title of Minister-Counselor is placed in the U.S. embassy of each foreign country that has a commercially significant relationship with the United States. | A bill to amend the Trade Act of 1974 to improve the international protection and enforcement of intellectual property rights, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Conservation Investment Act of
2001''.
SEC. 2. INCREASE IN MAXIMUM NUMBER OF ACRES AUTHORIZED TO BE ENROLLED
IN THE CONSERVATION RESERVE PROGRAM.
Section 1231(d) of the Food Security Act of 1985 (16 U.S.C.
3831(d)) is amended--
(1) by striking ``36,400,000'' and inserting
``40,000,000''; and
(2) by striking ``2002'' and inserting ``2011''.
SEC. 3. GRASSLAND RESERVE PROGRAM.
(a) In General.--Chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3830 et seq.) is amended by adding at
the end the following new subchapter:
``Subchapter D--Grassland Reserve Program
``SEC. 1238. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Farm
Service Agency, shall establish a grassland reserve program (referred
to in this subchapter as the `program') to assist owners in restoring
and conserving eligible land described in subsection (c).
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 3,000,000 acres, not
more than 1,500,000 of which shall be restored grassland, and
not more than 1,500,000 of which shall be virgin (never
cultivated) grassland.
``(2) Methods of enrollment.--The Secretary shall enroll in
the program for a willing owner not less than 100 contiguous
acres of land west of the 90th meridian or not less than 50
contiguous acres of land east of the 90th meridian through 10-
year, 15-year, or 20-year easements.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that the land is--
``(1) natural grass or shrubland;
``(2) land that--
``(A) is located in an area that has been
historically dominated by natural grass or shrubland;
and
``(B) has potential to serve as habitat for animal
or plant populations of significant ecological value if
the land is restored to natural grass or shrubland; or
``(3) land that is incidental to land described in
paragraph (1) or (2), if that incidental land is determined by
the Secretary to be necessary for the efficient administration
of the easement.
``SEC. 1238A. EASEMENTS AND AGREEMENTS.
``(a) Requirements of Landowner.--To be eligible to enroll land in
the program, the owner of the land shall--
``(1) grant an easement that runs with the land to the
Secretary;
``(2) create and record an appropriate deed restriction in
accordance with applicable State law to reflect the easement;
``(3) provide a written statement of consent to the
easement signed by persons holding a security interest or any
vested interest in the land;
``(4) provide proof of unencumbered title to the underlying
fee interest in the land that is the subject of the easement;
``(5) agree to comply with the terms of the easement and
related restoration agreements;
``(6) subject to paragraph (7), agree to the permanent
retirement of any existing cropland base and allotment history
for the land under any program administered by the Secretary;
and
``(7) agree that the Secretary shall have the right to
suspend or terminate the easement during any time of war,
extreme drought, or famine, and, in the event of such a
suspension or termination, agree to accept such adjustment of
payments under section 1238B as the Secretary may make in
accordance with regulations.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) common grazing practices on the land in a
manner that is consistent with maintaining the
viability of natural grass and shrub species indigenous
to that locality;
``(B) haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting season for
birds in the local area which are in significant
decline or are conserved pursuant to State or Federal
law, as determined by the Natural Resources
Conservation Service State conservationist; and
``(C) construction of fire breaks and fences,
including placement of the posts necessary for fences;
``(2) prohibit--
``(A) the production of row-crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) the conduct of any other activities that
would disturb the surface of the land covered by the
easement, including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out or facilitate the
administration of this subchapter.
``(c) Ranking Easement Applications.--
``(1) Establishment of criteria.--The Secretary shall
establish criteria to evaluate and rank applications for
easements under this subchapter.
``(2) Emphasis.--In establishing the criteria, the
Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal
biodiversity.
``(d) Restoration Agreements.--The Secretary shall prescribe the
terms by which grassland that is subject to an easement under the
program shall be restored. The agreement shall include duties of the
land owner and the Secretary, including the Federal share of
restoration payments and technical assistance.
``(e) Violations.--
``(1) In general.--On the violation of the terms or
conditions of an easement or restoration agreement entered into
under this section--
``(A) the easement shall remain in force; and
``(B) the Secretary may require the owner to refund
all or part of any payments received by the owner under
this subchapter, with interest on the payments as
determined appropriate by the Secretary.
``(2) Periodic inspections.--The Secretary shall conduct
periodic inspections of land subject to easements under this
subchapter to ensure that the terms of the easements and
restoration agreements are being met, after providing the
landowner adequate notice of inspections. The Secretary may not
prohibit the landowner or a representative of the landowner
from being present during inspections.
``SEC. 1238B. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of an easement by an
owner under this subchapter, the Secretary shall make easement payments
and payments of the Federal share of restoration and provide technical
assistance to the owner in accordance with this section.
``(b) Easement Payments.--In return for the granting of an easement
by an owner under this subchapter, the Secretary shall make annual
easement payments to the owner in an amount equal to the grazing value
of the land for the period that the land is encumbered by the easement.
``(c) Federal Share of Restoration.--The Secretary shall make
payments to the owner of not more than--
``(1) in the case of virgin (never cultivated) grassland,
90 percent of the costs of carrying out measures and practices
necessary to restore grassland functions and values; or
``(2) in the case of restored grassland, 75 percent of such
costs.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide owners with
technical assistance to execute easement documents and restore
the grassland.
``(2) Reimbursement by commodity credit corporation.--The
Commodity Credit Corporation shall reimburse the Secretary,
acting through the Farm Service Agency, for not more than 10
percent of the cost of acquisition of easement and the Federal
share of the restoration payments obligated for that fiscal
year.
``(e) Payments to Others.--If an owner who is entitled to a payment
under this subchapter dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who renders or
completes the required performance, the Secretary shall make the
payment, in accordance with regulations promulgated by the Secretary
and without regard to any other provision of law, in such manner as the
Secretary determines is fair and reasonable in light of all the
circumstances.
``(f) Other Payments.--Easement payments received by an owner under
this subchapter shall be in addition to, and not affect, the total
amount of payments that the owner is otherwise eligible to receive
under other Federal laws.
``SEC. 1238C. ADMINISTRATION.
``(a) Delegation to Private Organizations or State Agencies.--
``(1) In general.--The Secretary shall permit a private
conservation or land trust organization or a State agency to
hold and enforce an easement under this subchapter, in lieu of
the Secretary, if--
``(A) the Secretary determines that granting such
permission is likely to promote grassland conservation;
and
``(B) the landowner agrees to allow the private
conservation or land trust organization or a State
agency to hold and enforce the easement.
``(2) Application.--An organization that desires to hold an
easement under this subchapter shall apply to the Secretary for
approval.
``(3) Approval by secretary.--The Secretary shall approve
an organization under this subchapter that is constituted for
conservation or ranching purposes and is competent to
administer grassland easements.
``(4) Reassignment.--If an organization holding an easement
on land under this subchapter terminates--
``(A) the owner of the land shall reassign the
easement to another organization described in paragraph
(1) or to the Secretary; and
``(B) the owner and the new organization shall
notify the Secretary in writing that a reassignment for
termination has been made.
``(b) Regulations.--Not later than 180 days after the date of
enactment of this subchapter, the Secretary shall issue such
regulations as are necessary to carry out this subchapter.''.
(b) Funding.--Section 1241(a)(2) of such Act (16 U.S.C. 3841(a)(2))
is amended by striking ``subchapter C'' and inserting ``subchapters C
and D''.
SEC. 4. INCREASE IN MAXIMUM NUMBER OF ACRES AUTHORIZED TO BE ENROLLED
IN THE WETLANDS RESERVE PROGRAM.
Section 1237(b)(1) of the Food Security Act of 1985 (16 U.S.C.
3837(b)(1)) is amended to read as follows:
``(1) Maximum enrollment.--The total number of acres
enrolled in the wetlands reserve program shall not exceed--
``(A) 1,225,000 acres during fiscal year 2002;
``(B) 1,375,000 acres during fiscal year 2003;
``(C) 1,525,000 acres during fiscal year 2004;
``(D) 1,675,000 acres during fiscal year 2005;
``(E) 1,825,000 acres during fiscal year 2006;
``(F) 1,975,000 acres during fiscal year 2007;
``(G) 2,125,000 acres during fiscal year 2008;
``(H) 2,275,000 acres during fiscal year 2009;
``(I) 2,425,000 acres during fiscal year 2010; or
``(J) 2,575,000 acres during fiscal year 2011.''.
SEC. 5. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
(a) Funding Increase.--Section 1241(b)(1) of the Food Security Act
of 1985 (16 U.S.C. 3841(b)(1)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by striking ``2002,'' and inserting ``2001,
$1,400,000,000 for fiscal year 2002, and $1,200,000,000 for
each of fiscal years 2003 through 2011,''.
(b) Term of Contracts.--Section 1240B(b)(2) of such Act (16 U.S.C.
3839aa-2(b)(2)) is amended by striking ``5, nor more than 10,'' and
inserting ``1 year nor more than 10''.
(c) Repeal of Payment Limitations.--Section 1240G of such Act (16
U.S.C. 3839aa-7) is repealed.
SEC. 6. FUNDING OF WILDLIFE HABITAT INCENTIVES PROGRAM.
Section 387(c) of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3836a(c)) is amended to read as follows:
``(c) Funding.--To carry out this section, there shall be made
available $70,000,000 for fiscal year 2002, and $50,000,000 for each of
fiscal years 2003 through 2011, from funds made available to carry out
subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3831 et seq.).''.
SEC. 7. FUNDING OF FARMLAND PROTECTION PROGRAM.
Section 388(c) of the Federal Agriculture Improvement and Reform
Act of 1996 (16 U.S.C. 3830 note) is amended to read as follows:
``(c) Funding.--In each of fiscal years 2002 through 2011, the
Secretary shall use not more than $50,000,000 of the funds of the
Commodity Credit Corporation to carry out this section.''.
SEC. 8. SMALL WATERSHED REHABILITATION AMENDMENTS OF 2000.
Section 14(h) of the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1010(h)) is amended--
(1) by adding ``and'' at the end of paragraph (1); and
(2) by striking paragraphs (2) through (5) and inserting
the following:
``(2) $60,000,000 for each of fiscal years 2002 through
2011.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2001. | Conservation Investment Act of 2001 - Amends the Food Security Act of 1985 to increase maximum acreage amounts for the conservation reserve program and the wetlands reserve program.Directs the Secretary of Agriculture to establish a grassland reserve program for land that is or has historically been natural grass or shrubland and has significant potential for animal or plant restoration. Sets forth provisions respecting landowner easement payments and permitted and prohibited practices. Extends funding (increases FY 2002 amounts) for the environmental quality incentives program. Revises contract term provisions. Repeals payment limitation provisions.Amends the Federal Agriculture Improvement and Reform Act of 1996 to: (1) extend funding (increases FY 2002 amounts) for the wildlife habitat incentives program; and (2) provide annual amounts through FY 2011 for the farmland protection program.Amends the Watershed Protection and Flood Prevention Act to increase and extend funding for rehabilitation of water resource structural measures near or past their expected life expectancy. | To reauthorize, improve, and expand conservation programs administered by the Department of Agriculture. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Localism, Program
Diversity, and Competition in Television Broadcast Service Act of
2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The principle of localism is embedded in the
Communications Act in section 307(b) of the Communications Act
of 1934 (47 U.S.C. 307(b)). It has been the pole star for
regulation of the broadcast industry by the Federal
Communications Commission for nearly 70 years.
(2) In the Telecommunications Act of 1996, Congress
directed the Federal Communications Commission to increase the
limitations on national multiple television ownership so that
one party could not own or control television stations whose
aggregate national audience reach exceeded 35 percent. Congress
did so because it recognized that--
(A) further national concentration could not be
undone;
(B) other regulatory changes, such as the repeal by
the Commission of its financial and syndication
regulations, would heighten the power of the national
television networks; and
(C) the independence of non-network-owned stations
would be threatened if network ownership exceeded 35
percent.
(3) If a limit to the national audience reach of television
stations that one party may own or control is not codified at
this time--
(A) further national concentration may occur whose
pernicious effects may be difficult to eradicate; and
(B) the independence of non-network-owned stations
will be threatened, placing local stations in danger of
becoming mere passive conduits for network
transmissions.
(4) A cap on national multiple television ownership will
help preserve localism by limiting the networks' ability to
dictate programming aired on local stations.
(5) The landscape of national ownership has changed
dramatically over the past two decades since the time when the
networks were limited to owning just seven television stations
nationwide:
(A) the Commission's financial and syndication
regulations have been repealed;
(B) the networks can own more than one television
station in many local markets;
(C) the networks have embraced programming ventures
from studios to syndication to foreign sales; and
(D) the networks own the most popular cable and
Internet content businesses.
Together these changes have strengthened the networks' hands
and given them strong incentives to override local interests.
(6) Unlike non-network-owned stations which are only
concerned with local viewers, network-owned stations have
multiple interests they must consider: national advertising
interests, syndicated programming interests, foreign sales
interests, cable programming interests, and, lastly, local
station interests.
(7) The possibility of further nationalization threatens
the current give-and-take between non-network-owned affiliates
and networks which can result in programming being edited,
scheduled, or promoted in ways that are more appropriate for
local audiences.
(8) As network power has grown in recent years, the
networks have forced affiliation agreements to tilt the balance
of power even more in their favor. Contract provisions encroach
on the ability of non-network-owned affiliates to reject
programming that local stations determine not to be in the best
interests of their local communities, and local stations are
penalized for unauthorized preemptions (as determined by the
network) and for exceeding preemption baskets.
(9) This Act will help to preserve localism in and to
prevent the further nationalization of the television broadcast
service.
(b) Purposes.--The purposes of this Act are--
(1) to promote the values of localism in the television
broadcast service;
(2) to promote diversity of television programming and
viewpoints;
(3) to promote competition; and
(4) to prevent excessive concentration of ownership by
establishing a limit to the national audience reach of the
television stations that any one party may own or control.
SEC. 3. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
(a) Establishment of National Television Multiple Ownership
Limitations.--Part I of title III of the Communications Act of 1934 is
amended by inserting after section 339 (47 U.S.C. 339) the following
new section:
``SEC. 340. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
``(a) National Audience Reach Limitation.--The Commission shall not
permit any license for a commercial television broadcast station to be
granted, transferred, or assigned to any party (including all parties
under common control) if the grant, transfer, or assignment of such
license would result in such party or any of its stockholders,
partners, or members, officers, or directors, directly or indirectly,
owning, operating or controlling, or having a cognizable interest in
television stations which have an aggregate national audience reach
exceeding 35 percent.
``(b) No Grandfathering.--The Commission shall require any party
(including all parties under common control) that holds licenses for
commercial television broadcast stations in excess of the limitation
contained in subsection (a) to divest itself of such licenses as may be
necessary to come into compliance with such limitation within one year
after the date of enactment of this section.
``(c) Section Not Subject to Forbearance.--Section 10 of this Act
shall not apply to the requirements of this section.
``(d) Definitions.--
``(1) National audience reach.--The term `national audience
reach' means--
``(A) the total number of television households in
the Nielsen Designated Market Area (DMA) markets in
which the relevant stations are located, or as
determined under a successor measure adopted by the
Commission to delineate television markets for purposes
of this section; divided by
``(B) the total national television households as
measured by such DMA data (or such successor measure)
at the time of a grant, transfer, or assignment of a
license.
No market shall be counted more than once in making this
calculation.
``(2) Cognizable interest.--Except as may otherwise be
provided by regulation by the Commission, the term `cognizable
interest' means any partnership or direct ownership interest
and any voting stock interest amounting to 5 percent or more of
the outstanding voting stock of a licensee.''.
(b) Conforming Amendment.--Section 202(c)(1) of the
Telecommunications Act of 1934 (Public Law 104-104; 110 Stat. 111) is
amended--
(1) by striking ``its regulations'' and all that follows
through ``by eliminating'' and inserting ``its regulations (47
C.F.R. 73.3555) by eliminating'';
(2) by striking ``; and'' at the end of subparagraph (A)
and inserting a period; and
(3) by striking subparagraph (B).
SEC. 4. NO GRANDFATHERING.
(a) In General.--Notwithstanding any provision that permits a party
to exceed the caps on local radio ownership established by the Federal
Communications Commission in its media ownership proceeding, no party
shall exceed those caps 1 year after the date of enactment of this Act.
(b) Definitions.--In this section:
(1) In general.--Any term used in this section that is
defined in section 3 of the Communications Act of 1934 (47
U.S.C. 153) has the meaning given that term in that section.
(2) Media ownership proceeding.--The term ``media ownership
proceeding'' means the Federal Communications Commission
proceeding on broadcast media ownership rules (MB Docket No.
02-277, MM Docket No. 01-235, MM Docket No. 01-317, and MM
Docket No. 00-244).
SEC. 5. CLARIFICATION OF CONGRESSIONAL INTENT WITH RESPECT TO OWNERSHIP
RULES REVIEW.
Section 202(h) of the Telecommunications Act of 1996 is amended to
read as follows:
``(h) Further Commission Review.--
``(1) In general.--The Commission shall review its rules
adopted pursuant to this section, and all of its ownership
rules biennially as part of its regulatory reform review under
section 11 of the Communications Act of 1934 and shall
determine whether--
``(A) any rule requires strengthening or
broadening;
``(B) any rule requires limiting or narrowing;
``(C) any rule should be repealed; or
``(D) any rule should be retained.
``(2) Change, repeal, or retain.--The Commission shall
change, repeal, or retain such rules pursuant to its review
under paragraph (1) as it determines to be in the public
interest.''.
SEC. 6. PUBLIC HEARING REQUIREMENT.
Section 202(h) of the Telecommunications Act of 1996 is amended by
adding at the end ``Before making any determination under this
subsection concerning an ownership rule or regulation, the Commission
shall hold no less than 5 public hearings in different areas of the
United States with respect to that rule or regulation.''.
SEC. 7. RESTORATION OF CROSS-OWNERSHIP RULES.
(a) In General.--The cross-media limits rule adopted by the Federal
Communications Commission on June 2, 2003 pursuant to its proceeding on
broadcast media ownership rules (MB Docket No. 02-277, MM Docket No.
01-235, MM Docket No. 01-317, and MM Docket No. 00-244) is hereby
declared null and void. The rules pertaining to broadcast-newspaper and
radio-television cross-ownership in effect on June 1, 2003 are hereby
reinstated as they were in effect on June 1, 2003, and shall be applied
by the Commission retroactively to June 2, 2003.
(b) Rural State Exemption.--Notwithstanding anything to the
contrary under the Commission's broadcast-newspaper cross-ownership
rules, in a small market with a Designated Market Area of 150 or
higher, the public utility commission of the State or States in which
such market is located may recommend, on a case-by-case basis, that the
Commission grant a waiver of such cross-ownership rules if the public
utility commission finds that the proposed transaction for which the
waiver is required will enhance local news and information, promote the
financial stability of a newspaper, radio station, or television
station, or otherwise promote the public interest. The Commission may
approve such recommendation within 60 days after the Commission
receives it unless there is compelling evidence that the transaction to
which the recommendation relates would be contrary to the public
interest. If the Commission grants the recommended waiver each
newspaper, radio station, and television station covered by the waiver
shall maintain a separate editorial board and the editorial views of
each of those boards shall be broadcast or printed, as the case may be,
whenever the editorial views of one of the other boards are broadcast
or printed. | Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003 - (Sec. 3) Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from permitting any license for a commercial television broadcast station to be granted, transferred, or assigned to any party if such action would result in that party owning, operating, controlling, or having a cognizable interest in stations which have an aggregate national audience reach exceeding 35 percent. Requires any party currently having licenses in excess of such limit to divest as necessary to comply with such limit within one year.
(Sec. 4) Prohibits any party, after one year after the enactment of this Act, from exceeding the caps on local radio ownership established by the FCC in its media ownership proceeding.
(Sec. 5) Amends the Telecommunications Act of 1996 to require the FCC: (1) to biennially review its broadcast media ownership rules (current law) and to change, repeal, or retain such rules, as appropriate; and (2) before changing, repealing, or retaining a rule, to hold at least five public hearings in different areas of the United States.
(Sec. 7) Declares null and void the cross-media limits rule adopted by the FCC on June 2, 2003. Reinstates the previous rules pertaining to broadcast-newspaper and radio-television cross-ownership, to be applied retroactively to such date.
Allows the public utility commission of a State of a small (rural) market with a Designated Market Area of 150 or higher to recommend, on a case-by-case basis, that the FCC grant a waiver of its cross-ownership rules if the public utility commission finds that the proposed transaction for which the waiver is required will enhance local news and information, promote the financial stability of a newspaper, radio station, or television station, or otherwise promote the public interest. Authorizes the FCC to approve such recommendation within 60 days unless there is compelling evidence that the related transaction would be contrary to the public interest. | A bill to amend the Communications Act of 1934 to preserve localism, to foster and promote the diversity of television programming, to foster and promote competition, and to prevent excessive concentration of ownership of the nation's television broadcast stations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corrosion Prevention Act of 2009''.
SEC. 2. CREDIT FOR CORROSION PREVENTION AND MITIGATION MEASURES FOR
ENERGY-RELATED PROPERTY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45R. CORROSION PREVENTION AND MITIGATION MEASURES FOR ENERGY-
RELATED PROPERTY.
``(a) In General.--For purposes of section 38, the corrosion
prevention and mitigation credit determined under this section for the
taxable year is an amount equal to 50 percent of the excess of--
``(1) qualified corrosion prevention and mitigation
expenditures with respect to qualified energy-related property,
over
``(2) the amount such expenditures would have been, taking
into account--
``(A) amounts paid or incurred to satisfy Federal,
State, or local requirements, and
``(B) amounts paid for corrosion prevention
practices, as certified by a person certified pursuant
to subsection (b)(2).
``(b) Qualified Corrosion Prevention and Mitigation Expenditures.--
For purposes of this section--
``(1) In general.--The term `qualified corrosion prevention
and mitigation expenditures' means amounts paid or incurred by
the taxpayer during the taxable year for engineering design,
materials, and application and installation of corrosion
prevention and mitigation technology.
``(2) Certification may be required.--The Secretary shall
require by regulation that no amount be taken into account
under paragraph (1) for any design, material, application, or
installation unless such design, material, application, or
installation meets such certification requirements. Such
requirements shall provide for accreditation of certifying
persons by an independent entity with expertise in corrosion
prevention and mitigation technology.
``(3) Corrosion prevention and mitigation technology.--
Corrosion prevention and mitigation technology includes a
system comprised of at least one of the following: a corrosion-
protective coating or paint; chemical treatment; corrosion-
resistant metals; and cathodic protection. The Secretary from
time to time by regulations or other guidance may modify the
list contained in the preceding sentence to reflect changes in
corrosion prevention and mitigation technology.
``(4) Qualified energy-related property.--The term
`qualified energy-related property' means property which is--
``(A) comprised primarily of a metal susceptible to
corrosion,
``(B) used in--
``(i) the exploration, production,
refining, or transportation of oil, natural
gas, coal, or any product thereof, or
``(ii) the generation, transmission, or
distribution of electricity or any other form
of energy,
``(C) of a character subject to the allowance for
depreciation,
``(D) originally placed in service or owned by the
taxpayer, and
``(E) located in the United States.
``(c) Recapture of Credit.--
``(1) In general.--If, as of the close of any taxable year,
there is a recapture event with respect to any qualified
energy-related property for which a credit was allowed under
subsection (a), the tax of the taxpayer under this chapter for
such taxable year shall be increased by an amount equal to the
product of--
``(A) the applicable recapture percentage, and
``(B) the aggregate decrease in the credits allowed
under section 38 for all prior taxable years which
would have resulted if the qualified corrosion
prevention and mitigation expenditures of the taxpayer
with respect to such property had been zero.
``(2) Applicable recapture percentage.--
``(A) In general.--For purposes of this subsection,
the applicable recapture percentage shall be determined
from the following table:
``If the property ceases to be The recapture
qualified energy-related property percentage is:
within:
(i) One full year after placed in service.............. 100
(ii) One full year after the close of the period 80
described in clause (i).
(iii) One full year after the close of the period 60
described in clause (ii).
(iv) One full year after the close of the period 40
described in clause (iii).
(v) One full year after the close of the period 20.
described in clause (iv).
``(B) Recapture event defined.--For purposes of
this subsection, the term `recapture event' means--
``(i) Cessation of use.--The cessation of
use of the qualified energy-related property.
``(ii) Change in ownership.--
``(I) In general.--Except as
provided in subclause (II), the
disposition of a taxpayer's interest in
the qualified energy-related property
with respect to which the credit
described in subsection (a) was
allowable.
``(II) Agreement to assume
recapture liability.--Subclause (I)
shall not apply if the person acquiring
the qualified energy-related property
agrees in writing to assume the
recapture liability of the person
disposing of the qualified energy-
related property. In the event of such
an assumption, the person acquiring the
qualified energy-related property shall
be treated as the taxpayer for purposes
of assessing any recapture liability
(computed as if there had been no
change in ownership).
``(III) Special rule for tax exempt
entities.--Subclause (II) shall not
apply to any tax exempt entity (as
defined in section 168(h)(2)).
``(iii) Special rules.--
``(I) Tax benefit rule.--The tax
for the taxable year shall be increased
under paragraph (1) only with respect
to credits allowed by reason of this
section which were used to reduce tax
liability. In the case of credits not
so used to reduce tax liability, the
carryforwards and carrybacks under
section 39 shall be appropriately
adjusted.
``(II) No credits against tax.--Any
increase in tax under this subsection
shall not be treated as a tax imposed
by this chapter for purposes of
determining the amount of any credit
under this chapter or for purposes of
section 55.
``(III) No recapture by reason of
casualty loss.--The increase in tax
under this subsection shall not apply
to a cessation of operation of the
property as qualified energy-related
property by reason of a casualty loss
to the extent such loss is restored by
reconstruction or replacement within a
reasonable period established by the
Secretary.
``(d) Denial of Double Benefit.--For purposes of this subtitle--
``(1) Basis adjustments.--
``(A) In general.--If a credit is determined under
this section for any expenditure with respect to any
property, the increase in the basis of such property
which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the
credit so allowed.
``(B) Certain dispositions.--If, during any taxable
year, there is a recapture amount determined with
respect to any property the basis of which was reduced
under subparagraph (A), the basis of such property
(immediately before the event resulting in such
recapture) shall be increased by an amount equal to
such recapture amount. For purposes of the preceding
sentence, the term `recapture amount' means any
increase in tax (or adjustment in carrybacks or
carryovers) determined under subsection (c).
``(2) Other deductions and credits.--No deduction or credit
shall be allowed under this chapter for any expense taken into
account under this section.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section.
``(f) Application of Section.--This section shall apply to taxable
years beginning during the 2-year period beginning on the date of the
enactment of this section.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by adding at the end thereof the following new paragraph:
``(36) the corrosion prevention and mitigation 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 such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. Corrosion prevention and mitigation measures for energy-
related property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Corrosion Prevention Act of 2009 - Amends the Internal Revenue Code to allow a two-year business-related tax credit for 50% of net expenditures for engineering design, materials, and application and installation of corrosion prevention and mitigation technology for energy-related property comprised primarily of metals susceptible to corrosion. | To amend the Internal Revenue Code of 1986 to encourage the use of corrosion prevention and mitigation measures in the construction and maintenance of business energy-related property. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children Health Insurance Act of
1996''.
SEC. 2. HEALTH INSURANCE AVAILABILITY FOR CHILDREN.
(a) In General.--The Internal Revenue Code of 1986 (as amended by
the Health Insurance Portability and Accountability Act of 1996) is
amended by adding at the end the following:
``Subtitle L--Health Insurance Availability for Children
``CHAPTER 101--HEALTH INSURANCE AVAILABILITY FOR CHILDREN
``Sec. 9901. Excise tax on failure to
meet requirement of access to
coverage.
``Sec. 9902. Requirement of access to
coverage.
``Sec. 9903. Definitions.
``SEC. 9901. EXCISE TAX ON FAILURE TO MEET REQUIREMENT OF ACCESS TO
COVERAGE.
``(a) Imposition of Tax.--There is hereby imposed a tax on the
failure of--
``(1) a group health plan to meet the coverage requirements
of section 9902(a); and
``(2) an insurer that offers health insurance coverage
(other than to a group health plan subject to paragraph (1)) to
meet the requirements of section 9902(b).
``(b) Amount of Tax.--
``(1) Group health plan.--
``(A) In general.--The amount of tax imposed by
subsection (a)(1) on any failure with respect to a
participant or beneficiary of a group health plan shall
be 25 percent of each premium received by the group
health plan for the plan year in which such failure
occurs.
``(B) Self-insured plans.--In the case that the
group health plan is self-insured, the cost to the plan
of the coverage of participants and beneficiaries shall
be treated as the premium received for the purposes of
subparagraph (A).
``(2) Insurer offering individual health insurance
coverage.--The amount of tax imposed by subsection (a)(2) on
any failure of an insurer with respect to an individual
described in paragraph (1) or (2) of section 9902(b) shall be
25 percent of the total amount of the premiums paid to the
insurer for such coverage for the plan year in which such
failure occurs.
``(c) Limitations on Amount of Tax.--
``(1) Tax not to apply where failure not discovered
exercising reasonable diligence.--No tax shall be imposed by
subsection (a) on any failure during any period for which it is
established to the satisfaction of the Secretary that none of
the persons referred to in subsection (e) knew, or exercising
reasonable diligence would have known, that such failure
existed.
``(2) Tax not to apply to failures corrected within 30
days.--No tax shall be imposed by subsection (a) on any failure
if--
``(A) such failure was due to reasonable cause and
not to willful neglect, and
``(B) such failure is corrected during the 30-day
period beginning on the 1st date any of the persons
referred to in subsection (e) knew, or exercising
reasonable diligence would have known, that such
failure existed.
``(3) Waiver.--In the case of a failure which is due to
reasonable cause and not to willful neglect, the Secretary may
waive part or all of the tax imposed by subsection (a) to the
extent that the payment of such tax would be excessive relative
to the failure involved.
``(d) Tax Not To Apply to Certain Plans.--This section shall not
apply to--
``(1) any governmental plan (within the meaning of section
414(d)), or
``(2) any church plan (within the meaning of section
414(e)).
``(e) Liability for Tax.--The following shall be responsible for
the tax imposed by subsection (a):
``(1) In the case of the tax imposed by subsection (a)(1)
on a group health plan, the plan.
``(2) In the case of the tax imposed by subsection (a)(2)
on an insurer offering health insurance coverage, the insurer.
``SEC. 9902. REQUIREMENT OF ACCESS TO COVERAGE.
``(a) Group Health Plans.--
``(1) In general.--Each group health plan that provides
coverage to any participant (or beneficiary) must offer
qualifying coverage for each qualifying young dependent of an
individual who is a participant or beneficiary under the plan.
``(2) Timing of offer.--The offer under paragraph (1) shall
be made at the time a person first becomes a qualifying young
dependent and at least annually thereafter.
``(b) Health Insurance Coverage.--Each insurer that offers health
insurance coverage in the individual market must offer qualifying
coverage for each individual who is under 21 years of age, residing in
the United States, and a citizen or national of the United States (or
alien permanently residing in the United States under color of law).
``(c) Qualifying Coverage.--For purposes of this section--
``(1) In general.--The term `qualifying coverage' means
coverage of health care benefits that provides for at least the
following benefits, without any limitation based on a pre-
existing condition with respect to such benefits and without
any waiting period for coverage with respect to such benefits:
``(A) Medicare benefits.--Benefits provided under
parts A and B of title XVIII of the Social Security
Act, or benefits determined to be actuarially
equivalent to (or greater than) such benefits; except
that in no case shall the coinsurance attributable to
benefits under part B of such title exceed (with
respect to provision of an item or service) the lesser
of $10 or 10 percent of the recognized payment amount
with respect to such item or service (determined
without regard to cost-sharing).
``(B) Well child care benefits.--
``(i) In general.--Payment for the
following items and services, without the
application of deductibles, coinsurance, and
copayments:
``(I) Newborn and well-baby care,
including normal newborn care and
pediatrician services for high-risk
deliveries.
``(II) Well-child care, including
routine office visits, routine
immunizations (including the vaccine
itself), routine laboratory tests, and
preventive dental care.
``(ii) Periodicity schedule.--The
Secretary, in consultation with the American
Academy of Pediatrics, shall establish a
schedule of periodicity for services described
in clause (i) which reflects the general,
appropriate frequency with which such services
should be provided to health children.
``(2) Managed care permitted.--Nothing in this section
shall be construed as limiting the providers through whom the
benefits described in paragraph (1) may be provided so long as
there is reasonable access to such benefits.
``(d) Qualifying Young Dependent.--For purposes of this section,
the term `qualifying young dependent' means an individual who is under
21 years of age, residing in the United States, is a citizen or
national of the United States (or alien permanently residing in the
United States under color of law), and a dependent (as defined in
section 152) of the individual.
``SEC. 9903. DEFINITIONS.
``In this chapter--
``(1) Group health plan.--The term `group health plan' has
the meaning given such term in section 5000(b)(1), but does not
include such a plan that has medical benefits that only consist
of coverage described in paragraph (2)(B).
``(2) Health insurance coverage.--
``(A) In general.--Except as provided in
subparagraph (B), the term `health insurance coverage'
means benefits consisting of medical care (provided
directly, through insurance or reimbursement, or
otherwise) under any hospital or medical service policy
or certificate, hospital or medical service plan
contract, or health maintenance organization group
contract offered by an insurer or a health maintenance
organization.
``(B) Exception.--Such term does not include
coverage under any separate policy, certificate, or
contract only for one or more of any of the following:
``(i) Coverage for accident, credit-only,
vision, disability income, long-term care,
nursing home care, community-based care dental,
on-site medical clinics, or employee assistance
programs, or any combination thereof.
``(ii) Medicare supplemental health
insurance (within the meaning of section
1882(g)(1) of the Social Security Act (42
U.S.C. 1395ss(g)(1))) and similar supplemental
coverage provided under a group health plan.
``(iii) Coverage issued as a supplement to
liability insurance.
``(iv) Liability insurance, including
general liability insurance and automobile
liability insurance.
``(v) Workers' compensation or similar
insurance.
``(vi) Automobile medical-payment
insurance.
``(vii) Coverage for a specified disease or
illness.
``(viii) Hospital or fixed indemnity
insurance.
``(ix) Short-term limited duration
insurance.
``(x) Such other coverage, comparable to
that described in previous clauses, as may be
specified in regulations prescribed under this
title.
``(3) Health maintenance organization.--The term `health
maintenance organization' means--
``(A) a federally qualified health maintenance
organization (as defined in section 1301(a) of the
Public Health Service Act (42 U.S.C. 300e(a))),
``(B) an organization recognized under State law as
a health maintenance organization, or
``(C) a similar organization regulated under State
law for solvency in the same manner and to the same
extent as such a health maintenance organization,
if it is subject to State law which regulates insurance (within
the meaning of section 514(b)(2) of the Employee Retirement
Income Security Act of 1974).
``(4) Insurer.--The term `insurer' means an insurance
company, insurance service, or insurance organization
(including a health maintenance organization) which is licensed
to engage in the business of insurance in a State and which is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2)(A) of the Employee Retirement
Income Security Act of 1974).
``(5) Individual market.--The term `individual market'
means the market for health insurance coverage offered to
individuals and not to employers or in connection with a group
health plan and does not include the market for such coverage
issued only by an insurer that makes such coverage available
only on the basis of affiliation with an association.
``(6) Incorporation of certain definitions.--The terms
`beneficiary' and `participant' have the meanings given such
terms in section 3 of the Employee Retirement Income Security
Act of 1974.''.
(b) Clerical Amendment.--The table of contents for the Internal
Revenue Code of 1986 is amended by adding after the item relating to
subtitle K the following new item:
``Subtitle L. Health Insurance
Availability for Children.''
(c) Effective Date.--The requirement of section 9902 of the
Internal Revenue Code of 1986 (as added by subsection (a) of this
section) shall take effect on January 1, 1998, and shall apply to
coverage offered on or after such date regardless of whether the plan
year began before such date.
SEC. 3. REFUNDABLE TAX CREDIT FOR PURCHASE OF HEALTH COVERAGE FOR
CHILDREN.
(a) General Rule.--Subpart C of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 is amended by redesignating
section 35 as section 36 and by inserting after section 34 the
following new section:
``SEC. 35. PURCHASE OF HEALTH COVERAGE FOR CHILDREN.
``(a) General Rule.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle for the
taxable year an amount equal to 80 percent of the qualified health
premiums paid in the taxable year by the taxpayer.
``(b) Application of Credit Against Tax Liability.--
``(1) In general.--The credit allowable under subsection
(a) shall be applied against tax liability at the rate of $0.50
of credit for each $1 of tax liability.
``(2) Tax liability.--For the purposes of paragraph (1),
the term `tax liability' means the excess (if any) of--
``(A) the sum of--
``(i) the tax imposed by this chapter for
the taxable year (reduced by the credits
allowable against such tax other than the
credits allowable under this subpart), and
``(ii) the taxpayer's social security taxes
for such taxable year, over
``(B) the credit allowed for the taxable year under
section 32.
``(3) Social security taxes.--For purposes of paragraph
(2)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
sections 3101 and 3201(a) on amounts received
by the taxpayer during the calendar year in
which the taxable year begins,
``(ii) one-half of the amount of the taxes
imposed by section 1401 on the self-employment
income of the taxpayer for the taxable year,
and
``(iii) one-half of the amount of the taxes
imposed by section 3211(a)(1) on amounts
received by the taxpayer during the calendar
year in which the taxable year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such subparagraph.
``(c) Definitions.--For the purposes of this section--
``(1) Qualified health premium.--The term `qualified health
premium' means the amount paid for health coverage of a
qualifying young dependent.
``(2) Health coverage.--The term `health coverage' means
health insurance coverage (as defined by section 9902(b)) that
includes qualifying coverage (as defined by section 9902(c)).
``(3) Qualifying young dependent.--The term `qualifying
young dependent' has the meaning given such term by section
9902(d).''.
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 is amended by striking the item
relating to section 35 and inserting the following new items:
``Sec. 35. Purchase of health coverage
for children.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1997. | Children Health Insurance Act of 1996 - Amends the Internal Revenue Code, as amended by the Health Insurance Portability and Accountability Act of 1996, to: (1) require group health plans and health insurers to provide access to coverage for a participant's or beneficiary's qualifying children; and (2) impose a noncompliance excise tax.
Amends the Code to provide a tax credit for an individual who purchases child health care coverage. | Children Health Insurance Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trust Fund Restoration Act of
1995''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Airport and airway trust fund.--The term ``Airport and
Airway Trust Fund'' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
(2) Harbor maintenance trust fund.--The term ``Harbor
Maintenance Trust Fund'' means the Harbor Maintenance Trust
Fund established by section 9505 of the Internal Revenue Code
of 1986.
(3) Highway trust fund.--The term ``Highway Trust Fund''
means the Highway Trust Fund established by section 9503 of the
Internal Revenue Code of 1986.
(4) Inland waterways trust fund.--The term ``Inland
Waterways Trust Fund'' means the Inland Waterways Trust Fund
established by section 9506 of the Internal Revenue Code of
1986.
SEC. 3. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT AND AIRWAY
TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR
MAINTENANCE TRUST FUND.
(a) In General.--The receipts and disbursements of the Highway
Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways
Trust Fund, and the Harbor Maintenance Trust Fund--
(1) shall not be included in the totals of--
(A) the budget of the United States Government as
submitted by the President under section 1105 of title
31, United States Code; or
(B) the congressional budget (including allocations
of budget authority and outlays provided in the
congressional budget);
(2) shall not be--
(A) considered to be part of any category (as
defined in section 250(c)(4) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(4))) of discretionary appropriations; or
(B) subject to the discretionary spending limits
established under section 251(b) of the Act (2 U.S.C.
901(b));
(3) shall not be subject to sequestration under section
251(a) of the Act (2 U.S.C. 901(a)); and
(4) shall be exempt from any general budget limitation
imposed by statute on expenditures and net lending (budget
outlays) of the United States Government.
(b) Disbursements Subject to Appropriations.--The disbursements
referred to in subsection (a) shall be subject to appropriations.
SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY
TRUST FUND.
(a) In General.--Chapter 471 of title 49, United States Code, is
amended by inserting after section 47129 the following:
``Sec. 47130. Safeguards against deficit spending
``(a) Estimates of Unfunded Aviation Authorizations and Net
Aviation Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the Treasury, shall
estimate--
``(1) the amount that would (but for this section)
constitute the unfunded aviation authorizations at the
termination of the first fiscal year that begins after that
March 31; and
``(2) the net aviation receipts at the termination of the
fiscal year referred to in paragraph (1).
``(b) Procedure if Excess Unfunded Aviation Authorizations.--If,
with respect to a fiscal year, the Secretary determines that the amount
described in subsection (a)(1) exceeds the amount described in
subsection (a)(2), the Secretary shall determine the amount of the
excess.
``(c) Adjustment of Authorizations if Unfunded Authorizations
Exceed Receipts.--
``(1) Determination of percentage.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, the Secretary
shall determine the percentage that the excess amount is of the
sum of--
``(A) the amounts authorized to be appropriated
from the Airport and Airway Trust Fund for the next
fiscal year; and
``(B) the amounts available for obligation from the
Airport and Airway Trust Fund for the next fiscal year.
``(2) Adjustment of authorizations.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, each amount
authorized to be appropriated or available for obligation from
the Airport and Airway Trust Fund for the next fiscal year
shall be reduced by the percentage determined in accordance
with paragraph (1).
``(d) Availability of Amounts Previously Withheld.--
``(1) Adjustment of authorizations.--Any amount authorized
to be appropriated or available for obligation from the Airport
and Airway Trust Fund that is reduced under subsection (c)(2)
shall be further adjusted in accordance with paragraph (2) if,
after an adjustment has been made under subsection (c)(2) for a
fiscal year, the Secretary determines that, with respect to the fiscal
year--
``(A) the amount described in subsection (a)(1)
does not exceed the amount described in subsection
(a)(2); or
``(B) an excess amount determined under subsection
(b) is less than an excess amount determined as a
result of a previous determination.
``(2) Adjustment.--Each amount that is subject to a further
adjustment under paragraph (1) shall be increased by an equal
percentage determined by the Secretary under paragraph (3).
``(3) Percentage.--
``(A) In general.--Subject to subparagraph (B), the
percentage referred to in paragraph (2) shall be the
maximum percentage that does not cause the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2).
``(B) Limitation.--The amount of any increase
determined under this subsection may not exceed the
amount of the corresponding reduction under subsection
(c)(2).
``(4) Apportionment.--The total amount of any increases
determined for a fiscal year under paragraph (3) shall be made
available to the Secretary for apportionment. The Secretary
shall apportion the amount in accordance with this subsection.
``(5) Period of availability.--Any funds apportioned under
paragraph (4) shall remain available for the period for which
the funds would be available if the apportionment were made
under appropriations and obligations for the fiscal year in
which the funds are apportioned under paragraph (4).
``(e) Reports.--The Secretary shall report to Congress--
``(1) any estimate made under subsection (a); and
``(2) any determination made under subsection (b), (c), or
(d).
``(f) Definitions.--In this section:
``(1) Airport and airway trust fund.--The term `Airport and
Airway Trust Fund' means the Airport and Airway Trust Fund
established by section 9502 of the Internal Revenue Code of
1986.
``(2) Net aviation receipts.--The term `net aviation
receipts' means, with respect to any period, the amount by
which--
``(A) the receipts (including interest) of the
Airport and Airway Trust Fund during the period;
exceeds
``(B) the amounts to be transferred during the
period from the Airport and Airway Trust Fund under
section 9502(d) of the Internal Revenue Code of 1986
(other than under section 9502(d)(1) of the Code).
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(4) Unfunded aviation authorizations.--The term `unfunded
aviation authorization' means, at any time, the amount by
which--
``(A) the total amount authorized to be
appropriated or available for obligation from the
Airport and Airway Trust Fund that has not been
appropriated or obligated; exceeds
``(B) the amount available in the Airport and
Airway Trust Fund at that time to make the
appropriation or to liquidate the obligation (after all
other unliquidated obligations at that time that are
payable from the Airport and Airway Trust Fund have
been liquidated).''.
(b) Conforming Amendment.--The analysis for chapter 471 of title
49, United States Code, is amended by adding at the end of subchapter I
the following:
``47130. Safeguards against deficit spending.''.
SEC. 5. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF INLAND WATERWAYS
TRUST FUND AND HARBOR MAINTENANCE TRUST FUND.
(a) Estimates of Unfunded Inland Waterways Authorizations and Net
Inland Waterways Receipts.--Not later than March 31 of each year, the
Secretary, in consultation with the Secretary of the Treasury, shall
estimate--
(1) the amount that would (but for this section) constitute
the unfunded inland waterways authorizations and unfunded
harbor maintenance authorizations at the termination of the
first fiscal year that begins after that March 31; and
(2) the net inland waterways receipts and net harbor
maintenance receipts at the termination of the fiscal year
referred to in paragraph (1).
(b) Procedure if Excess Unfunded Authorizations.--If, with respect
to a fiscal year, the Secretary determines with respect to a Trust Fund
that the amount described in subsection (a)(1) exceeds the amount
described in subsection (a)(2), the Secretary shall determine the
amount of the excess.
(c) Adjustment of Authorizations if Unfunded Authorizations Exceed
Receipts.--
(1) Determination of percentage.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, the Secretary
shall determine the percentage that the excess amount is of the
sum of--
(A) the amounts authorized to be appropriated from
the Trust Fund for the next fiscal year; and
(B) the amounts available for obligation from the
Trust Fund for the next fiscal year.
(2) Adjustment of authorizations.--If the Secretary
determines, in accordance with subsection (b), that there is an
excess amount with respect to a fiscal year, each amount
authorized to be appropriated or available for obligation from
the Trust Fund for the next fiscal year shall be reduced by the
percentage determined in accordance with paragraph (1).
(d) Availability of Amounts Previously Withheld.--
(1) Increase of authorizations.--Any amount authorized to
be appropriated or available for obligation from a Trust Fund
that is reduced under subsection (c)(2) shall be further
adjusted in accordance with paragraph (2) if, after an
adjustment has been made under subsection (c)(2) for a fiscal
year with respect to the Trust Fund, the Secretary determines
that, with respect to the Trust Fund and the fiscal year--
(A) the amount described in subsection (a)(1) does
not exceed the amount described in subsection (a)(2);
or
(B) an excess amount determined under subsection
(b) is less than an excess amount determined as a
result of a previous determination.
(2) Adjustment.--Each amount that is subject to a further
adjustment under paragraph (1) shall be increased by an equal
percentage determined by the Secretary under paragraph (3).
(3) Percentage.--
(A) In general.--Subject to subparagraph (B), the
percentage referred to in paragraph (2) shall be the
maximum percentage that does not cause the amount
described in subsection (a)(1) to exceed the amount
described in subsection (a)(2) with respect to the
Trust Fund.
(B) Limitation.--The amount of any increase
determined under this subsection may not exceed the
amount of the corresponding reduction under subsection
(c)(2).
(e) Reports.--The Secretary shall report to Congress--
(1) any estimate made under subsection (a); and
(2) any determination made under subsection (b), (c), or
(d).
(f) Definitions.--In this section:
(1) Net harbor maintenance receipts.--The term ``net harbor
maintenance receipts'' means, with respect to any period, the
receipts (including interest) of the Harbor Maintenance Trust
Fund during the period.
(2) Net inland waterways receipts.--The term ``net inland
waterways receipts'' means, with respect to any period, the
receipts (including interest) of the Inland Waterways Trust
Fund during the period.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(4) Trust fund.--The term ``Trust Fund'' means the Inland
Waterways Trust Fund or the Harbor Maintenance Trust Fund, as
the case may be.
(5) Unfunded harbor maintenance authorizations.--The term
``unfunded harbor maintenance authorizations'' means, at any
time, the amount by which--
(A) the total amount authorized to be appropriated
or available for obligation from the Harbor Maintenance
Trust Fund that has not been appropriated or obligated;
exceeds
(B) the amount available in the Harbor Maintenance
Trust Fund at that time to make the appropriation.
(6) Unfunded inland waterways authorizations.--The term
``unfunded inland waterways authorizations'' means, at any
time, the amount by which--
(A) the total amount authorized to be appropriated
or available for obligation from the Inland Waterways
Trust Fund that has not been appropriated or obligated;
exceeds
(B) the amount available in the Inland Waterways
Trust Fund at that time to make the appropriation.
SEC. 6. ENFORCEMENT.
An officer or employee of the United States Government who fails to
comply with this Act and the amendments made by this Act shall be
subject to the penalties specified in section 1350 of title 31, United
States Code.
SEC. 7. APPLICABILITY.
This Act and the amendments made by this Act shall apply to
authorizations and obligations made for fiscal years 1996 and
thereafter. | Trust Fund Restoration Act of 1995 - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being: (1) included in the totals of either the President's budget or in the congressional budget; (2) considered as any category of discretionary appropriations as defined under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) or subject to discretionary spending limits under such Act; (3) subject to sequestration under such Act; and (4) exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays). Makes any such disbursements subject to appropriations. Directs, with respect to the Airport and Airway Trust Fund, that estimates of unfunded aviation authorizations and net aviation receipts be made annually and that adjustments be made if unfunded authorizations exceed receipts. Sets forth similar provisions for both the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund. | Trust Fund Restoration Act of 1995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reaching English Learners Act''.
SEC. 2. TEACHING ENGLISH LEARNERS GRANT.
Part B of title II of the Higher Education Act of 1965 (20 U.S.C.
1031 et seq.) is amended by adding at the end the following:
``Subpart 6--Teaching English Learners Grant
``SEC. 259. TEACHING ENGLISH LEARNERS GRANT.
``(a) Authorization of Program.--The Secretary shall award grants,
on a competitive basis, to eligible partnerships to improve the
preparation of teacher candidates to ensure that such teacher
candidates possess the knowledge and skills necessary to effectively
instruct English learners.
``(b) Duration of Grants.--A grant under this section shall be
awarded for a period of not more than 5 years.
``(c) Non-Federal Share.--An eligible partnership that receives a
grant under this section shall provide not less than 25 percent of the
cost of the activities carried out with such grant from non-Federal
sources, which may be provided in cash or in kind.
``(d) Uses of Funds.--An eligible partnership that receives a grant
under this section shall use the grant to--
``(1) develop or strengthen an undergraduate,
postbaccalaureate, or master's teacher preparation program by
integrating strategies for teaching English learners into the
education curriculum and academic content;
``(2) provide teacher candidates participating in a program
under paragraph (1) with skills related to--
``(A) helping English learners--
``(i) achieve at high levels in
prekindergarten programs, and elementary
schools and secondary schools so such English
learners can meet the challenging State
academic standards adopted under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(1)) by
the State of the school attended by the English
learners, which all children in the State are
expected to meet; and
``(ii) attain English proficiency;
``(B) appropriately identifying and meeting the
specific learning needs of children with disabilities
who are English learners;
``(C) recognizing and addressing the social and
emotional needs of English learners; and
``(D) promoting parental, family, and community
engagement in educational programs that serve English
learners;
``(3) provide work-based learning opportunities for teacher
candidates participating in the program; and
``(4) provide teacher candidates with the required
coursework to qualify for an English-as-a-second-language
endorsement or initial teaching credential, as recognized by
the State of the eligible partnership.
``(e) Application.--An eligible partnership seeking 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. Such application shall include--
``(1) a self-assessment by the eligible partnership of the
existing teacher preparation program at the institution of
higher education and the needs related to preparing teacher
candidates to instruct English learners in the manner described
in subsection (d)(2); and
``(2) a self-assessment by the eligible partnership of the
personnel needs for teachers who instruct English learners at
local, public prekindergarten programs, and elementary schools
and secondary schools.
``(f) Evaluations.--
``(1) Report from eligible partnerships.--An eligible
partnership receiving a grant under this section shall submit
to the Secretary the results of an evaluation conducted by the
partnership at the end of the grant period to determine--
``(A) the effectiveness of teachers who completed a
program under subsection (d)(1) with respect to
instruction of English learners; and
``(B) the systemic impact of the activities carried
out by such grant on how such partnership prepares
teachers to provide instruction in prekindergarten
programs, and elementary schools and secondary schools.
``(2) Report from the secretary.--Not later than 180 days
after the last day of the grant period under this section, the
Secretary shall make available to the authorizing committees
and the public--
``(A) the findings of the evaluations submitted
under paragraph (1); and
``(B) information on best practices related to
effective instruction of English learners.
``(g) Definitions.--In this section:
``(1) Child with a disability.--The term `child with a
disability' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
``(2) Eligible institution of higher education.--The term
`eligible institution of higher education' means an institution
of higher education that has a program of study--
``(A) that leads to an undergraduate degree, a
master's degree, or completion of a postbaccalaureate
program required for teacher certification; and
``(B) the graduates of which meet the applicable
State certification and licensure requirements,
including any requirements for certification obtained
through alternative routes to certification.
``(3) Eligible partnership.--The term `eligible
partnership' means an eligible institution of higher education
in partnership with a high-need local educational agency.
``(4) English learner.--The term `English learner' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(5) Work-based learning.--The term `work-based learning'
means learning involving sustained interactions with teachers
and English learners at public prekindergarten programs, or
elementary schools or secondary schools, to the extent
practicable, or simulated environments at the eligible
institution of higher education involved, that foster in-depth,
first-hand engagement with tasks required of a teacher
providing instruction to English learners.''. | Reaching English Learners Act This bill amends the Higher Education Act of 1965 to establish a grant program for preparing teachers to effectively instruct English learners. Grants may be awarded for up to five years. | Reaching English Learners Act |
SECTION 1. PURPOSE.
It is the purpose of this Act--
(1) to assist in the effort to timely establish within the
District of Columbia a national memorial to Japanese American
patriotism in World War II; and
(2) to improve management of certain parcels of Federal
real property located within the District of Columbia,
by transferring jurisdiction over such parcels to the Architect of the
Capitol, the Secretary of the Interior, and the Government of the
District of Columbia.
SEC. 2. TRANSFERS OF JURISDICTION.
(a) In General.--Effective on the date of the enactment of this Act
and notwithstanding any other provision of law, jurisdiction over the
parcels of Federal real property described in subsection (b) is
transferred without additional consideration as provided by subsection
(b).
(b) Specific Transfers.--
(1) Transfers to secretary of the interior.--
(A) In general.--Jurisdiction over the following
parcels is transferred to the Secretary of the
Interior:
(i) That triangle of Federal land,
including any contiguous sidewalks and tree
space, that is part of the United States
Capitol Grounds under the jurisdiction of the
Architect of the Capitol bound by D Street,
N.W., New Jersey Avenue, N.W., and Louisiana
Avenue, N.W., in Square W632 in the District of
Columbia, as shown on the Map Showing
Properties Under Jurisdiction of the Architect
of the Capitol, dated November 8, 1994.
(ii) That triangle of Federal land,
including any contiguous sidewalks and tree
space, that is part of the United States
Capitol Grounds under the jurisdiction of the
Architect of the Capitol bound by C Street,
N.W., First Street, N.W., and Louisiana Avenue,
N.W., in the District of Columbia, as shown on
the Map Showing Properties Under Jurisdiction
of the Architect of the Capitol, dated November
8, 1994.
(B) Limitation.--The parcels transferred by
subparagraph (A) shall not include those contiguous
sidewalks abutting Louisiana Avenue, N.W., which shall
remain part of the United States Capitol Grounds under
the jurisdiction of the Architect of the Capitol.
(C) Consideration as memorial site.--The parcels
transferred by clause (i) of subparagraph (A) may be
considered as a site for a national memorial to
Japanese American patriotism in World War II.
(2) Transfers to architect of the capitol.--Jurisdiction
over the following parcels is transferred to the Architect of
the Capitol:
(A) That portion of the triangle of Federal land in
Reservation No. 204 in the District of Columbia under
the jurisdiction of the Secretary of the Interior,
including any contiguous sidewalks, bound by
Constitution Avenue, N.E., on the north, the branch of
Maryland Avenue, N.E., running in a northeast direction
on the west, the major portion of Maryland Avenue,
N.E., on the south, and 2nd Street, N.E., on the east,
including the contiguous sidewalks.
(B) That irregular area of Federal land in
Reservation No. 204 in the District of Columbia under
the jurisdiction of the Secretary of the Interior,
including any contiguous sidewalks, northeast of the
real property described in subparagraph (A) bound by
Constitution Avenue, N.E., on the north, the branch of
Maryland Avenue, N.E., running to the northeast on the
south, and the private property on the west known as
lot 7 in square 726.
(C) The two irregularly shaped medians lying north
and east of the property described in subparagraph (A),
located between the north and south curbs of
Constitution Avenue, N.E., west of its intersection
with Second Street, N.E., all as shown in Land Record
No. 268, dated November 22, 1957, in the Office of the
Surveyor, District of Columbia, in Book 138, Page 58.
(D) All sidewalks under the jurisdiction of the
District of Columbia abutting on and contiguous to the
land described in subparagraphs (A), (B), and (C).
(3) Transfers to district of columbia.--Jurisdiction over
the following parcels is transferred to the Government of the
District of Columbia:
(A) That portion of New Jersey Avenue, N.W.,
between the northernmost point of the intersection of
New Jersey Avenue, N.W., and D Street, N.W., and the
northernmost point of the intersection of New Jersey
Avenue, N.W., and Louisiana Avenue, N.W., between
squares 631 and W632, which remains Federal property.
(B) That portion of D Street, N.W., between its
intersection with New Jersey Avenue, N.W., and its
intersection with Louisiana Avenue, N.W., between
Squares 630 and W632, which remains Federal property.
SEC. 3. MISCELLANEOUS.
(a) Compliance With Other Laws.--Compliance with this Act shall be
deemed to satisfy the requirements of all laws otherwise applicable to
transfers of jurisdiction over parcels of Federal real property.
(b) Law Enforcement Responsibility.--Law enforcement responsibility
for the parcels of Federal real property for which jurisdiction is
transferred by section 2 shall be assumed by the person acquiring such
jurisdiction.
(c) United States Capitol Grounds.--
(1) Definition.--The first section of the Act entitled ``An
Act to define the United States Capitol Grounds, to regulate
the use thereof, and for other purposes'', approved July 31,
1946 (40 U.S.C. 193a), is amended to include within the
definition of the United States Capitol Grounds the parcels of
Federal real property described in section 2(b)(2).
(2) Jurisdiction of capitol police.--The United States
Capitol Police shall have jurisdiction over the parcels of
Federal real property described in section 2(b)(2) in
accordance with section 9 of such Act of July 31, 1946 (40
U.S.C. 212a).
(d) Effect of Transfers.--A person relinquishing jurisdiction over
a parcel of Federal real property transferred by section 2 shall not
retain any interest in the parcel except as specifically provided by
this Act. | Transfers jurisdiction over specified Federal real property located in the District of Columbia from: (1) the Architect of the Capitol to the Secretary of the Interior (provides for the consideration of certain of such parcels as a site for a national memorial to Japanese American patriotism in World War II); (2) the Secretary of the Interior and the District of Columbia to the Architect of the Capitol to be included within the definition of the United States Capitol Grounds; and (3) the Federal Government to the District of Columbia government. | A bill to transfer jurisdiction over certain parcels of Federal real property located in the District of Columbia, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Alzheimer's Project Act''.
SEC. 2. THE NATIONAL ALZHEIMER'S PROJECT.
(a) Definition of Alzheimer's.--In this Act, the term
``Alzheimer's'' means Alzheimer's disease and related dementias.
(b) Establishment.--There is established in the Office of the
Secretary of Health and Human Services the National Alzheimer's Project
(referred to in this Act as the ``Project'').
(c) Purpose of the Project.--The Secretary of Health and Human
Services, or the Secretary's designee, shall--
(1) be responsible for the creation and maintenance of an
integrated national plan to overcome Alzheimer's;
(2) provide information and coordination of Alzheimer's
research and services across all Federal agencies;
(3) accelerate the development of treatments that would
prevent, halt, or reverse the course of Alzheimer's;
(4) improve the--
(A) early diagnosis of Alzheimer's disease; and
(B) coordination of the care and treatment of citizens with
Alzheimer's;
(5) ensure the inclusion of ethnic and racial populations at
higher risk for Alzheimer's or least likely to receive care, in
clinical, research, and service efforts with the purpose of
decreasing health disparities in Alzheimer's; and
(6) coordinate with international bodies to integrate and
inform the fight against Alzheimer's globally.
(d) Duties of the Secretary.--
(1) In general.--The Secretary of Health and Human Services, or
the Secretary's designee, shall--
(A) oversee the creation and updating of the national plan
described in paragraph (2); and
(B) use discretionary authority to evaluate all Federal
programs around Alzheimer's, including budget requests and
approvals.
(2) National plan.--The Secretary of Health and Human Services,
or the Secretary's designee, shall carry out an annual assessment
of the Nation's progress in preparing for the escalating burden of
Alzheimer's, including both implementation steps and
recommendations for priority actions based on the assessment.
(e) Advisory Council.--
(1) In general.--There is established an Advisory Council on
Alzheimer's Research, Care, and Services (referred to in this Act
as the ``Advisory Council'').
(2) Membership.--
(A) Federal members.--The Advisory Council shall be
comprised of the following experts:
(i) A designee of the Centers for Disease Control and
Prevention.
(ii) A designee of the Administration on Aging.
(iii) A designee of the Centers for Medicare & Medicaid
Services.
(iv) A designee of the Indian Health Service.
(v) A designee of the Office of the Director of the
National Institutes of Health.
(vi) The Surgeon General.
(vii) A designee of the National Science Foundation.
(viii) A designee of the Department of Veterans
Affairs.
(ix) A designee of the Food and Drug Administration.
(x) A designee of the Agency for Healthcare Research
and Quality.
(B) Non-federal members.--In addition to the members
outlined in subparagraph (A), the Advisory Council shall
include 12 expert members from outside the Federal Government,
which shall include--
(i) 2 Alzheimer's patient advocates;
(ii) 2 Alzheimer's caregivers;
(iii) 2 health care providers;
(iv) 2 representatives of State health departments;
(v) 2 researchers with Alzheimer's-related expertise in
basic, translational, clinical, or drug development
science; and
(vi) 2 voluntary health association representatives,
including a national Alzheimer's disease organization that
has demonstrated experience in research, care, and patient
services, and a State-based advocacy organization that
provides services to families and professionals, including
information and referral, support groups, care
consultation, education, and safety services.
(3) Meetings.--The Advisory Council shall meet quarterly and
such meetings shall be open to the public.
(4) Advice.--The Advisory Council shall advise the Secretary of
Health and Human Services, or the Secretary's designee.
(5) Annual report.--The Advisory Council shall provide to the
Secretary of Health and Human Services, or the Secretary's designee
and Congress--
(A) an initial evaluation of all federally funded
efforts in Alzheimer's research, clinical care, and
institutional-, home-, and community-based programs and their
outcomes;
(B) initial recommendations for priority actions to expand,
eliminate, coordinate, or condense programs based on the
program's performance, mission, and purpose;
(C) initial recommendations to--
(i) reduce the financial impact of Alzheimer's on--
(I) Medicare and other federally funded programs;
and
(II) families living with Alzheimer's disease; and
(ii) improve health outcomes; and
(D) annually thereafter, an evaluation of the
implementation, including outcomes, of the recommendations,
including priorities if necessary, through an updated national
plan under subsection (d)(2).
(6) Termination.--The Advisory Council shall terminate on
December 31, 2025.
(f) Data Sharing.--Agencies both within the Department of Health
and Human Services and outside of the Department that have data
relating to Alzheimer's shall share such data with the Secretary of
Health and Human Services, or the Secretary's designee, to enable the
Secretary, or the Secretary's designee, to complete the report
described in subsection (g).
(g) Annual Report.--The Secretary of Health and Human Services, or
the Secretary's designee, shall submit to Congress--
(1) an annual report that includes an evaluation of all
federally funded efforts in Alzheimer's research, clinical care,
and institutional-, home-, and community-based programs and their
outcomes;
(2) an evaluation of all federally funded programs based on
program performance, mission, and purpose related to Alzheimer's
disease;
(3) recommendations for--
(A) priority actions based on the evaluation conducted by
the Secretary and the Advisory Council to--
(i) reduce the financial impact of Alzheimer's on--
(I) Medicare and other federally funded programs;
and
(II) families living with Alzheimer's disease; and
(ii) improve health outcomes;
(B) implementation steps; and
(C) priority actions to improve the prevention, diagnosis,
treatment, care, institutional-, home-, and community-based
programs of Alzheimer's disease for individuals with
Alzheimer's disease and their caregivers; and
(4) an annually updated national plan.
(h) Sunset.--The Project shall expire on December 31, 2025.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 8, 2010. The summary of that version is repeated here.) National Alzheimer's Project Act - (Sec. 2) Establishes in the Office of the Secretary of Health and Human Services (HHS) the National Alzheimer's Project. Requires the Secretary to: (1) be responsible for the creation and maintenance of an integrated national plan to overcome Alzheimer's; (2) provide information and coordination of Alzheimer's research and services across all federal agencies; (3) accelerate the development of treatments that would prevent, halt, or reverse the course of Alzheimer's; (4) improve the early diagnosis of Alzheimer's disease and coordination of the care and treatment of citizens with Alzheimer's; (5) ensure the inclusion of ethnic and racial populations at higher risk for Alzheimer's, or least likely to receive care for Alzheimer's, in clinical, research, and service efforts with the purpose of decreasing health disparities in Alzheimer's; and (6) coordinate with international bodies to integrate and inform the fight against Alzheimer's globally.
Directs the Secretary to:(1) use discretionary authority to evaluate all federal programs around Alzheimer's, including budget requests and approvals; and (2) annually assess the nation's progress in preparing for the escalating burden of Alzheimer's.
Establishes an Advisory Council on Alzheimer's Research, Care, and Services to advise the Secretary and provide the Secretary and Congress with: (1) an initial evaluation of all federally -funded efforts in Alzheimer's research, clinical care, and institutional-, home-, and community-based programs and their outcomes; (2) initial recommendations for priority actions to expand, eliminate, coordinate, or condense programs based on their performance, mission, and purpose; (3) initial recommendations to improve health outcomes and reduce the financial impact of Alzheimer's on Medicare and other federally-funded programs and on families living with Alzheimer's disease; and (4) an annual evaluation of the implementation and outcomes of the recommendations through an updated national plan. Terminates the Advisory Council on December 31, 2025.
Directs federal agencies to share Alzheimer's data with the Secretary.
Sets forth reporting requirements.
Terminates the Project on December 31, 2025. | A bill to establish the National Alzheimer's Project. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sugar Loaf Fire Protection District
Land Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Sugar Loaf
Fire Protection District of Boulder, Colorado.
(2) Federal land.--The term ``Federal land'' means--
(A) the parcel of approximately 1.52 acres of land
in the National Forest that is generally depicted on
the map numbered 1, entitled ``Sugarloaf Fire
Protection District Proposed Land Exchange'', and dated
November 12, 2009; and
(B) the parcel of approximately 3.56 acres of land
in the National Forest that is generally depicted on
the map numbered 2, entitled ``Sugarloaf Fire
Protection District Proposed Land Exchange'', and dated
November 12, 2009.
(3) National forest.--The term ``National Forest'' means
the Arapaho-Roosevelt National Forests located in the State of
Colorado.
(4) Non-federal land.--The term ``non-Federal land'' means
the parcel of approximately 5.17 acres of non-Federal land in
unincorporated Boulder County, Colorado, that is generally
depicted on the map numbered 3, entitled ``Sugarloaf Fire
Protection District Proposed Land Exchange'', and dated
November 12, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LAND EXCHANGE.
(a) In General.--Subject to the provisions of this Act, if the
District offers to convey to the Secretary all right, title, and
interest of the District in and to the non-Federal land, and the offer
is acceptable to the Secretary--
(1) the Secretary shall accept the offer; and
(2) on receipt of acceptable title to the non-Federal land,
the Secretary shall convey to the District all right, title,
and interest of the United States in and to the Federal land.
(b) Applicable Law.--Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange authorized under subsection (a), except that--
(1) the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of the Federal land; and
(2) as a condition of the land exchange under subsection
(a), the District shall--
(A) pay each cost relating to any land surveys and
appraisals of the Federal land and non-Federal land;
and
(B) enter into an agreement with the Secretary that
allocates any other administrative costs between the
Secretary and the District.
(c) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to--
(1) valid existing rights; and
(2) any terms and conditions that the Secretary may
require.
(d) Time for Completion of Land Exchange.--It is the intent of
Congress that the land exchange under subsection (a) shall be completed
not later than 1 year after the date of enactment of this Act.
(e) Authority of Secretary To Conduct Sale of Federal Land.--
(1) In general.--In accordance with paragraph (2), if the
land exchange under subsection (a) is not completed by the date
that is 1 year after the date of enactment of this Act, the
Secretary may offer to sell to the District the Federal land.
(2) Value of federal land.--The Secretary may offer to sell
to the District the Federal land for the fair market value of
the Federal land.
(f) Disposition of Proceeds.--
(1) In general.--The Secretary shall deposit in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a) any amount received by the
Secretary as the result of--
(A) any cash equalization payment made under
subsection (b); and
(B) any sale carried out under subsection (e).
(2) Use of proceeds.--Amounts deposited under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the National Forest.
(g) Management and Status of Acquired Land.--The non-Federal land
acquired by the Secretary under this section shall be--
(1) added to, and administered as part of, the National
Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest.
(h) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--Any public order withdrawing the
Federal land from entry, appropriation, or disposal under the
public land laws is revoked to the extent necessary to permit
the conveyance of the Federal land to the District.
(2) Withdrawal.--On the date of enactment of this Act, if
not already withdrawn or segregated from entry and
appropriation under the public land laws (including the mining
and mineral leasing laws) and the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.), the Federal land is withdrawn until
the date of the conveyance of the Federal land to the District.
Passed the House of Representatives July 13, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Sugar Loaf Fire Protection District Land Exchange Act - Requires the Secretary of Agriculture, if the Sugar Loaf Fire Protection District of Boulder, Colorado, offers to convey non-federal land that is located in unincorporated Boulder County and the offer is acceptable, to accept the offer and, on receipt of acceptable title to the non-federal land, to convey federal land in the Arapaho-Roosevelt National Forests in Colorado.
Applies provisions of the Federal Land Policy and Management Act of 1976 relating to the exchange of public lands and interests within the National Forest System to the land exchange authorized under this Act, except that: (1) the Secretary may accept a cash equalization payment in excess of 25% of the value of the federal land; and (2) the District shall pay costs relating to any land surveys and appraisals of the federal and non-federal lands and enter into an agreement that allocates any other administrative costs between the Secretary and the District.
Expresses the intent of Congress that such land exchange be completed within one year of enactment of this Act. Authorizes the Secretary to offer to sell the federal land to the District if the exchange is not completed by such deadline. Permits the Secretary to offer to sell such land to the District for its fair market value.
Sets forth requirements for the disposition and use of the proceeds received as the result of any cash equalization payment or any sale specified above.
Requires the acquired non-federal land to become part of the Arapaho-Roosevelt National Forests.
Revokes any public orders withdrawing the federal land from entry, appropriation, or disposal under the public land laws to the extent necessary to permit the conveyance of the federal land to the District.
Withdraws such land on the date of enactment, if it is not already withdrawn or segregated from entry and appropriation under the public land laws and the Geothermal Steam Act of 1970, until it is conveyed to the District. | To provide for the exchange of certain land located in the Arapaho-Roosevelt National Forests in the State of Colorado, and for other purposes. |
REQUIREMENTS.
(a) In General.--Except as provided in subsection (b), nothing in
this Act supersedes any requirement of the War Powers Resolution.
(b) Specific Statutory Authorization Not Required.--Section 5(b) of
the War Powers Resolution shall not apply to the deployment of units of
the Armed Forces designated under section 101.
TITLE II--EXPEDITED PROCEDURES
SEC. 201. CONGRESSIONAL PRIORITY PROCEDURES.
(a) Definitions.--For purposes of this section--
(1) the term ``resolution'' means any joint resolution
described in section 102(c); and
(2) the term ``session days'' means days on which the
respective House of Congress is in session.
(b) Referral of Resolutions.--A resolution introduced in the House
of Representatives shall be referred to the Committee on Foreign
Affairs of the House of Representatives. A resolution introduced in the
Senate shall be referred to the Committee on Foreign Relations of the
Senate.
(c) Discharge of Committee.--(1) If the committee to which is
referred a resolution has not reported such a resolution (or an
identical resolution) at the end of 7 calendar days after its
introduction, such committee shall be discharged from further
consideration of such resolution, and such resolution shall be placed
on the appropriate calendar of the House of Congress involved.
(2) After a committee reports or is discharged from a resolution,
no other resolution with respect to the same use of force may be
reported by or be discharged from such committee while the first
resolution is before the respective House of Congress (including
remaining on the calendar), a committee of conference, or the
President.
(d) Consideration of Resolutions.--(1)(A) Whenever the committee to
which a resolution is referred has reported, or has been discharged
under subsection (c) from further consideration of such resolution,
notwithstanding any rule or precedent of the Senate, including Rule 22,
it is at any time thereafter in order (even though a previous motion to
the same effect has been disagreed to) for any Member of the respective
House of Congress to move to proceed to the consideration of the
resolution and, except as provided in subparagraph (B) of this
paragraph or paragraph (2) of this subsection (insofar as it related to
germaneness and relevancy of amendments), all points of order against
the resolution and consideration of the resolution are waived. The
motion is highly privileged in the House of Representatives and is
privileged in the Senate and is not debatable. The motion is not
subject to a motion to postpone. A motion to reconsider the vote by
which the motion is agreed to or disagreed to shall be in order, except
that such motion may not be entered for future disposition. If a motion
to proceed to the consideration of the resolution is agreed to, the
resolution shall remain the unfinished business of the respective House
of Congress, to the exclusion of all other business, until disposed of,
except as otherwise provided in subsection (e)(1).
(B) Whenever a point of order is raised in the Senate against the
privileged status of a resolution that has been laid before the Senate
and been initially identified as privileged for consideration under
this section upon its introduction pursuant to section 102(c), such
point of order shall be submitted directly to the Senate. The point of
order, ``The resolution is not privileged under title ____ of the
____________________ Act'', shall be decided by the yeas and the nays
after four hours of debate, equally divided between, and controlled by,
the Member raising the point of order and the manager of the
resolution, except that in the event the manager is in favor of such
point of order, the time in opposition thereto shall be controlled by
the Minority Leader or his designee. Such point of order shall not be
considered to establish precedent for determination of future cases.
(2)(A)(i) Consideration in a House of Congress of the resolution,
and all amendments and debatable motions in connection therewith, shall
be limited to not more than 12 hours, which, except as otherwise
provided in this section, shall be equally divided between, and
controlled by, the Majority Leader and the Minority Leader, or by their
designees.
(ii) The Majority Leader or the Minority Leader or their designees
may, from the time under their control on the resolution, allot
additional time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(B) Only amendments which are germane and relevant to the
resolution are in order. Debate on any amendment to the resolution
shall be limited to 2 hours, except that debate on any amendment to an
amendment shall be limited to 1 hour. The time of debate for each
amendment shall be equally divided between, and controlled by, the
mover of the amendment and the manager of the resolution, except that
in the event the manager is in favor of any such amendment, the time in
opposition thereto shall be controlled by the Minority Leader or his
designee.
(C) One amendment by the Minority Leader is in order to be offered
under a one-hour time limitation immediately following the expiration
of the 12-hour time limitation if the Minority Leader has had no
opportunity to offer an amendment to the resolution thereto. One
amendment may be offered to the amendment by the Minority Leader under
the preceding sentence, and debate shall be limited on such amendment
to one-half hour which shall be equally divided between, and controlled
by, the mover of the amendment and the manager of the resolution,
except that in the event the manager is in favor of any such amendment,
the time in opposition thereto shall be controlled by the Minority
Leader or his designee.
(D) A motion to postpone or a motion to recommit the resolution is
not in order. A motion to reconsider the vote by which the resolution
is agreed to or disagreed to is in order, except that such motion may
not be entered for future disposition, and debate on such motion shall
be limited to 1 hour.
(3) Whenever all the time for debate on a resolution has been used
or yielded back, no further amendments may be proposed, except as
provided in paragraph (2)(C), and the vote on the adoption of the
resolution shall occur without any intervening motion or amendment,
except that a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the appropriate House of
Congress may occur immediately before such vote.
(4) Appeals from the decisions of the Chair relating to the
application of the Rules of the Senate or the House of Representatives,
as the case may be, to the procedure relating to a resolution shall be
limited to one-half hour of debate, equally divided between, and
controlled by, the Member making the appeal and the manager of the
resolution, except that in the event the manager is in favor of any
such appeal, the time in opposition thereto shall be controlled by the
Minority Leader or his designee.
(e) Treatment of Other House's Resolution.--(1) Except as provided
in paragraph (2), if, before the passage by one House of a resolution
of that House, that House receives from the other House a resolution,
then the following procedures shall apply:
(A) The resolution of the sending House shall not be
referred to a committee in the receiving House.
(B) With respect to a resolution of the House receiving the
resolution, the procedure in that House shall be the same as if
no resolution had been received from the sending House, except
that the resolution of the sending House shall be considered to
have been read for the third time.
(C) If the resolutions of the sending and receiving Houses
are identical, the vote on final passage shall be on the
resolution of the sending House.
(D) If such resolutions are not identical--
(i) the vote on final passage shall be on the
resolution of the sending House, with the text of the
resolution of the receiving House inserted in lieu of
the text of the resolution of the sending House;
(ii) such vote on final passage shall occur without
debate or any intervening action; and
(iii) the resolution shall be returned to the
sending House for proceedings under subsection (g).
(E) Upon disposition of the resolution received from the
other House, it shall no longer be in order to consider the
resolution originated in the receiving House.
(2) If one House receives from the other House a resolution before
any such resolution is introduced in the first House, then the
resolution received shall be referred, in the case of the House of
Representatives, to the Committee on Foreign Affairs and, in the case
of the Senate, to the Committee on Foreign Relations, and the
procedures in that House with respect to that resolution shall be the
same under this section as if the resolution received had been
introduced in that House.
(f) Treatment of Identical Resolutions.--If one House receives from
the other House a resolution after the first House has disposed of an
identical resolution, it shall be in order to proceed by nondebatable
motion to consideration of the resolution received by the first House,
and that received resolution shall be disposed of without debate and
without amendment.
(g) Procedures Applicable to Amendments Between the Houses of
Congress.--The following procedures shall apply to dispose of
amendments between the Houses of Congress:
(1) Upon receipt by a House of Congress of a message from
the other House with respect to a resolution, it is in order
for any Member of the House receiving the message to move to
proceed to the consideration of the respective resolution. Such
motion shall be disposed of in the same manner as a motion
under subsection (d)(1)(A). Such a motion is not in order after
conferees have been appointed.
(2)(A) The time for debate in a House of Congress on any
motion required for the disposition of an amendment by the
other House to the resolution shall not exceed 2 hours, equally
divided between, and controlled by, the mover of the motion and
manager of the resolution at each stage of the proceedings
between the two Houses, except that in the event the manager is
in favor of any such motion, the time in opposition thereto
shall be controlled by the Minority Leader or his designee.
(B) The time for debate for each amendment to a motion
shall be limited to one-half hour.
(C) Only motions proposing amendments which are germane and
relevant are in order.
(h) Procedures Applicable to Conference Reports and Presidential
Action.--(1) Either House of Congress may disagree to an amendment or
amendments made by the other House to a resolution or may insist upon
its amendment or amendments to a resolution, and request a conference
with the other House at any time. In the case of any disagreement
between the two Houses of Congress with respect to an amendment or
amendments to a resolution which is not resolved within 2 session days
after a House of Congress first amends the resolution originated by the
other House, each House shall be deemed to have requested and accepted
a conference with the other House. Upon the request or acceptance of a
conference, in the case of the Senate, the President pro tempore shall
appoint conferees and, in the case of the House of Representatives, the
Speaker of the House shall appoint conferees.
(2) In the event the conferees are unable to agree within 72 hours
after the second House is notified that the first House has agreed to
conference, or after each House is deemed to have agreed to conference,
they shall report back to their respective House in disagreement.
(3) Notwithstanding any rule in either House of Congress concerning
the printing of conference reports in the Congressional Record or
concerning any delay in the consideration of such reports, such report,
including a report filed or returned in disagreement, shall be acted on
in the House of Representatives or the Senate not later than 2 session
days after the first House files the report or, in the case of the
Senate acting first, the report is first made available on the desks of
the Senators.
(4) Debate in a House of Congress on a conference report or a
report filed or returned in disagreement in any such resolution shall
be limited to 3 hours, equally divided between the Majority Leader and
the Minority Leader, and their designees.
(5) In the case of a conference report returned to a House of
Congress in disagreement, an amendment to the amendment in disagreement
is only in order if it is germane and relevant. The time for debate for
such an amendment shall be limited to one-half hour, to be equally
divided between, and controlled by, the mover of the amendment and the
manager of the resolution, except that in the event the manager is in
favor of any such amendment, the time in opposition thereto shall be
controlled by the Minority Leader or his designee.
(6) If a resolution is vetoed by the President, the time for debate
in consideration of the veto message on such measure shall be limited
to 20 hours in each House of Congress, equally divided between, and
controlled by, the Majority Leader and the Minority Leader, and their
designees.
(i) Rules of the Senate and the House.--This section is enacted by
the Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a resolution, and it supersedes other
rules only to the extent that it is inconsistent with such
rules; and
(2) with full recognition of the constitutional right of
either House to change 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. 202. INAPPLICABILITY OF OBSOLETE EXPEDITED PROCEDURES.
Section 1013 of the Department of State Authorization Act, Fiscal
Years 1984 and 1985 (50 U.S.C. 1546a), shall not apply to joint
resolutions introduced under this Act.
S 1748 IS----2 | TABLE OF CONTENTS:
Title I: Contribution of Volunteer United States
Military Personnel to International Peacekeeping
Operations
Title II: Expedited Procedures
Peacekeeping Participation Act of 1993 -
Title I: Contribution of Volunteer United States Military Personnel to International Peacekeeping Operations
- Directs the President to report to the Congress on: (1) a plan for organizing a contingency force of armed forces personnel who volunteer to serve in international peacekeeping or peacemaking operations and for providing training to such personnel; and (2) proposed procedures to implement such plan.
Authorizes the President, after appropriate congressional consultation, to make such personnel available for peacekeeping or peacemaking operations if it is in the national interest.
Requires the President, within 48 hours of any deployment of the armed forces in connection with international peacekeeping or peacemaking operations, to report to the Speaker of the House and the president pro tempore of the Senate (as required by the War Powers Resolution) on: (1) the circumstances necessitating the the introduction of the armed forces; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the involvement.
Directs the President to remove such units from involvement within 90 days if the Congress has enacted a joint resolution disapproving the continued participation of such units in the operation.
Provides that a certain provision of the War Powers Resolution which terminates the use of the armed forces after a certain time period unless the Congress declares war or makes a specific authorization shall not apply to peacekeeping operations.
Title II: Expedited Procedures
- Establishes procedures for the consideration of joint resolutions to disapprove the continued participation of the armed forces in peacekeeping or peacemaking operations. | Peacekeeping Participation Act of 1993 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Trademark
Cyberpiracy Prevention Act''.
(b) References to the Trademark Act of 1946.--Any reference in this
Act to the Trademark Act of 1946 shall be a reference to the Act
entitled ``An Act to provide for the registration and protection of
trade-marks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
SEC. 2. CYBERPIRACY PREVENTION.
(a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C.
1125) is amended by inserting at the end the following:
``(d)(1)(A) A person shall be liable in a civil action by the owner
of a trademark or service mark if, without regard to the goods or
services of the parties, that person--
``(i) has a bad faith intent to profit from that trademark
or service mark; and
``(ii) registers, traffics in, or uses a domain name that--
``(I) in the case of a trademark or service mark
that is distinctive at the time of registration of the
domain name, is identical or confusingly similar to
such mark;
``(II) in the case of a famous trademark or service
mark that is famous at the time of registration of the
domain name, is dilutive of such mark; or
``(III) is a trademark, word, or name protected by
reason of section 706 of title 18, United States Code,
or section 220506 of title 36, United States Code.
``(B) In determining whether there is a bad-faith intent described
under subparagraph (A), a court may consider factors such as, but not
limited to--
``(i) the trademark or other intellectual property rights
of the person, if any, in the domain name;
``(ii) the extent to which the domain name consists of the
legal name of the person or a name that is otherwise commonly
used to identify that person;
``(iii) the person's prior lawful use, if any, of the
domain name in connection with the bona fide offering of any
goods or services;
``(iv) the person's lawful noncommercial or fair use of the
mark in a site accessible under the domain name;
``(v) the person's intent to divert consumers from the mark
owner's online location to a site accessible under the domain
name that could harm the goodwill represented by the mark,
either for commercial gain or with the intent to tarnish or
disparage the mark, by creating a likelihood of confusion as to
the source, sponsorship, affiliation, or endorsement of the site;
``(vi) the person's offer to transfer, sell, or otherwise
assign the domain name to the mark owner or any third party for
financial gain without having used, or having an intent to use,
the domain name in the bona fide offering of any goods or
services;
``(vii) the person's provision of material and misleading
false contact information when applying for the registration of
the domain name or the person's intentional failure to maintain
accurate contact information;
``(viii) the person's registration or acquisition of
multiple domain names which the person knows are identical or
confusingly similar to trademarks or service marks of others
that are distinctive at the time of registration of such domain
names, or dilutive of famous trademarks or service marks of
others that are famous at the time of registration of such
domain names, without regard to the goods or services of such
persons;
``(ix) the person's history of offering to transfer, sell,
or otherwise assign domain names incorporating marks of others
to the mark owners or any third party for consideration without
having used, or having an intent to use, the domain names in
the bona fide offering of any goods and services;
``(x) the person's history of providing material and
misleading false contact information when applying for the
registration of other domain names which incorporate marks, or
the person's history of using aliases in the registration of
domain names which incorporate marks of others; and
``(xi) the extent to which the trademark or service mark
incorporated in the person's domain name registration is
distinctive and famous within the meaning of subsection (c)(1)
of section 43 of the Trademark Act of 1946 (15 U.S.C. 1125).
``(C) In any civil action involving the registration, trafficking,
or use of a domain name under this paragraph, a court may order the
forfeiture or cancellation of the domain name or the transfer of the
domain name to the owner of the mark.
``(D) A person shall be liable for using a domain name under
subparagraph (A)(ii) only if that person is the domain name registrant
or that registrant's authorized licensee.
``(E) As used in this paragraph, the term `traffics in' refers to
transactions that include, but are not limited to, sales, purchases,
loans, pledges, licenses, exchanges of currency, and any other transfer
for consideration or receipt in exchange for consideration.
``(2)(A) The owner of a mark may file an in rem civil action
against a domain name in the judicial district in which suit may be
brought against the domain name registrar, domain name registry, or
other domain name authority that registered or assigned the domain name
if--
``(i) the domain name violates any right of the registrant
of a mark registered in the Patent and Trademark Office, or
subsection (a) or (c) of this section, or is a trademark, word,
or name protected by reason of section 706 of title 18, United
States Code, or section 220506 of title 36, United States Code;
and
``(ii) the court finds that--
``(I) the owner has demonstrated due diligence and
was not able to find or was not able to serve a person
who would have been a defendant in a civil action under
paragraph (1); or
``(II) personal jurisdiction cannot be established
over any person who would have been a defendant in a
civil action under paragraph (1).
``(B) The remedies in an in rem action under this paragraph shall
be limited to a court order for the forfeiture or cancellation of the
domain name or the transfer of the domain name to the owner of the
mark.
``(C) The in rem action established under this paragraph and any
remedy available under such action shall be in addition to any other
civil action or remedy otherwise applicable.
``(3) The civil action established under paragraph (1) and any
remedy available under such action shall be in addition to any other
civil action or remedy otherwise applicable.''.
SEC. 3. DAMAGES AND REMEDIES.
(a) Remedies in Cases of Domain Name Piracy.--
(1) Injunctions.--Section 34(a) of the Trademark Act of
1946 (15 U.S.C. 1116(a)) is amended in the first sentence by
striking ``(a) or (c)'' and inserting ``(a), (c), or (d)''.
(2) Damages.--Section 35(a) of the Trademark Act of 1946
(15 U.S.C. 1117(a)) is amended in the first sentence by
inserting ``, (c), or (d)'' after ``section 43(a)''.
(b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15
U.S.C. 1117) is amended by adding at the end the following:
``(d) In a case involving a violation of section 43(d)(1), the
plaintiff may elect, at any time before final judgment is rendered by
the trial court, to recover, instead of actual damages and profits, an
award of statutory damages in the amount of not less than $1,000 and
not more than $100,000 per domain name, as the court considers just.
The court may remit statutory damages in any case in which the court
finds that an infringer believed and had reasonable grounds to believe
that use of the domain name by the infringer was a fair or otherwise
lawful use.''.
SEC. 4. LIMITATION ON LIABILITY.
Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is
amended--
(1) in the matter preceding subparagraph (A) by striking
``under section 43(a)'' and inserting ``under section 43(a) or
(d)''; and
(2) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D)(i) A domain name registrar, a domain name registry,
or other domain name registration authority that takes any
action described under clause (ii) affecting a domain name
shall not be liable for monetary relief to any person for such
action, regardless of whether the domain name is finally
determined to infringe or dilute the mark.
``(ii) An action referred to under clause (i) is any action
of refusing to register, removing from registration,
transferring, temporarily disabling, or permanently canceling a
domain name--
``(I) in compliance with a court order under
section 43(d); or
``(II) in the implementation of a reasonable policy
by such registrar, registry, or authority prohibiting
the registration of a domain name that is identical to,
confusingly similar to, or dilutive of another's mark
registered on the Principal Register of the United
States Patent and Trademark Office, or of a trademark,
word, or name protected by reason of section 706 of
title 18, United States Code, or section 220506 of
title 36, United States Code.
``(iii) A domain name registrar, a domain name registry, or
other domain name registration authority shall not be liable
for damages under this section for the registration or
maintenance of a domain name for another absent a showing of
bad faith intent to profit from such registration or
maintenance of the domain name.
``(iv) If a registrar, registry, or other registration
authority takes an action described under clause (ii) based on
a knowing and material misrepresentation by any other person
that a domain name is identical to, confusingly similar to, or
dilutive of a mark registered on the Principal Register of the
United States Patent and Trademark Office, or a trademark,
word, or name protected by reason of section 706 of title 18,
United States Code, or section 220506 of title 36, United
States Code, the person making the knowing and material
misrepresentation shall be liable for any damages, including
costs and attorney's fees, incurred by the domain name
registrant as a result of such action. The court may also grant
injunctive relief to the domain name registrant, including the
reactivation of the domain name or the transfer of the domain
name to the domain name registrant.
``(v) A domain name registrant whose domain name has been
suspended, disabled, or transferred under a policy described
under clause (ii)(II) may, upon notice to the mark owner, file
a civil action to establish that the registration or use of the
domain name by such registrant is not unlawful under this Act.
The court may grant injunctive relief to the domain name
registrant, including the reactivation of the domain name or
transfer of the domain name to the domain name registrant.''.
SEC. 5. DEFINITIONS.
Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended
by inserting after the undesignated paragraph defining the term
``counterfeit'' the following:
``The term `domain name' means any alphanumeric designation which
is registered with or assigned by any domain name registrar, domain
name registry, or other domain name registration authority as part of
an electronic address on the Internet.
``The term `Internet' has the meaning given that term in section
230(f)(1) of the Communications Act of 1934 (47 U.S.C. 230(f)(1)).''.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall affect any defense available to a
defendant under the Trademark Act of 1946 (including any defense under
section 43(c)(4) of such Act or relating to fair use) or a person's
right of free speech or expression under the first amendment of the
United States Constitution.
SEC. 7. EFFECTIVE DATE.
Sections 2 through 6 of this Act shall apply to all domain names
registered before, on, or after the date of enactment of this Act,
except that damages under subsection (a) or (d) of section 35 of the
Trademark Act of 1946 (15 U.S.C. 1117), as amended by section 3 of this
Act, shall not be available with respect to the registration,
trafficking, or use of a domain name that occurs before the date of
enactment of this Act.
SEC. 8. ADJUSTMENT OF CERTAIN TRADEMARK AND PATENT FEES.
(a) Trademark Fees.--Notwithstanding the second sentence of section
31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)), the
Commissioner of Patents and Trademarks is authorized in fiscal year
2000 to adjust trademark fees without regard to fluctuations in the
Consumer Price Index during the preceding 12 months.
(b) Patent Fees.--
(1) Original filing fee.--Section 41(a)(1)(A) of title 35,
United States Code, relating to the fee for filing an original
patent application, is amended by striking ``$760'' and
inserting ``$690''.
(2) Reissue fee.--Section 41(a)(4)(A) of title 35, United
States Code, relating to the fee for filing for a reissue of a
patent, is amended by striking ``$760'' and inserting ``$690''.
(3) National fee for certain international applications.--
Section 41(a)(10) of title 35, United States Code, relating to
the national fee for certain international applications, is
amended by striking ``$760'' and inserting ``$690''.
(4) Maintenance fees.--Section 41(b)(1) of title 35, United
States Code, relating to certain maintenance fees, is amended
by striking ``$940'' and inserting ``$830''.
(c) Effective Date.--Subsection (a) shall take effect on the date
of the enactment of this Act. The amendments made by subsection (b)
shall take effect 30 days after the date of the enactment of this Act. | (Sec. 2) Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner.
Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner.
(Sec. 3) Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. Requires the court to remit statutory damages if an infringer believed with reasonable grounds that use of the domain name was fair or otherwise lawful.
(Sec. 4) Shields from liability for monetary relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Registry of the U.S. Patent and Trademark Office (USPTO Principal Registry) (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization).
Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name.
Makes liable to a domain name registrant for any damages, and at the court's discretion injunctive relief (including reactivation or transfer to the registrant of the domain name), any person who makes a knowing and material misrepresentation that a domain name is identical to, confusingly similar to, or dilutive of a mark registered on the USPTO Principal Registry (or protected marks, words, or names of the Red Cross, the U.S. Olympic Committee, the International Olympic Committee, International Paralympic Committee, and the Pan-American Sports Organization), and a registrar, registry, or other registration authority takes such an action based on such misrepresentation.
Authorizes a registrant whose domain name has been suspended, disabled, or transferred, upon notice to the mark owner, to file a civil action for injunctive relief (including reactivation or transfer to the registrant of the domain name) to establish that the registration or use of the domain name by such registrant is not unlawful under such Act.
(Sec. 8) Authorizes the Commissioner of Patents and Trademarks in FY 2000 to adjust trademark fees without regard to fluctuations in the Consumer Price Index during the preceding 12 months.
Amends Federal patent law to reduce: (1) from $760 to $690 original filing and reissue fees, as well as the national fee for certain international applications; and (2) from $940 to $830 the three-and-a-half year maintenance fee.
(Sec. 9) Directs the Secretary of Commerce to require the registry administrator for the .us top level domain to establish a second level domain name for the purpose of registering only domain names of the President, Members of Congress, U.S. Senators, and other current holders of, and official candidates and potential official candidates for, Federal, State, or local political office in the United States.
Directs the Secretary to establish guidelines and procedures under which individuals may register a domain name in such second level domain name.
Requires the Federal Election Commission to establish and maintain a list of individuals eligible, under such guidelines, to register a domain name in such second level domain name.
Authorizes the registry administrator and registrars for the .us top level domain to charge individuals reasonable fees for registering domain names under this Act.
(Sec. 10) Amends the National Historic Preservation Act to allow historic buildings and structures meeting the criteria for the National Register of Historic Places to retain the name by which they are listed on the Register, if that name is the historical name associated with the building or structure. | Trademark Cyberpiracy Prevention Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Veterans in STEM Careers
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Foundation.--The term ``Foundation'' means the National
Science Foundation.
(3) STEM.--The term ``STEM'' has the meaning given the term
in section 2 of the America COMPETES Reauthorization Act of
2010 (42 U.S.C. 6621 note).
(4) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
SEC. 3. SUPPORTING VETERANS IN STEM EDUCATION AND COMPUTER SCIENCE.
(a) Supporting Veteran Involvement in Scientific Research and STEM
Education.--The Director shall, through the research and education
activities of the Foundation, encourage veterans to study and pursue
careers in STEM and computer science, in coordination with other
Federal agencies that serve veterans.
(b) Veteran Outreach Plan.--Not later than 180 days after the date
of enactment of this Act, the Director shall submit to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a plan
for how the Foundation can enhance its outreach efforts to veterans.
Such plan shall--
(1) report on the Foundation's existing outreach
activities;
(2) identify the best method for the Foundation to leverage
existing authorities and programs to facilitate and support
veterans in STEM careers and studies, including teaching
programs; and
(3) include options for how the Foundation could track
veteran participation in research and education programs of the
Foundation, and describe any barriers to collecting such
information.
(c) National Science Board Indicators Report.--The National Science
Board shall provide in its annual report on indicators of the state of
science and engineering in the United States any available and relevant
data on veterans in science and engineering careers or education
programs.
(d) Robert Noyce Teacher Scholarship Program Update.--Section 10 of
the National Science Foundation Authorization Act of 2002 (42 U.S.C.
1862n-1) is amended--
(1) in subsection (a)(5)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) higher education programs that serve or
support veterans.''; and
(2) in subsection (b)(2)(F)--
(A) by striking ``and students'' and inserting ``,
students''; and
(B) by inserting ``, and veterans'' before the
period at the end.
(e) National Science Foundation Teaching Fellowships and Master
Teaching Fellowships Update.--Section 10A(d) of the National Science
Foundation Authorization Act of 2002 (42 U.S.C. 1862n-1a(d)) is
amended--
(1) in paragraph (3)(F)--
(A) by striking ``and individuals'' and inserting
``, individuals''; and
(B) by inserting ``, and veterans'' before the
period at the end; and
(2) in paragraph (4)(B), by inserting ``and veterans''
before the period at the end.
(f) National Science Foundation Computer and Network Security
Capacity Building Grants Update.--Section 5(a) of the Cyber Security
Research and Development Act (15 U.S.C. 7404(a)) is amended--
(1) in paragraph (1), by inserting ``and students who are
veterans'' after ``these fields''; and
(2) in paragraph (3)--
(A) in subparagraph (I), by striking ``and'' at the
end;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) by inserting after subparagraph (I) the
following:
``(J) creating opportunities for veterans to
transition to careers in computer and network security;
and''.
(g) Graduate Traineeships in Computer and Network Security Research
Update.--Section 5(c)(6)(C) of the Cyber Security Research and
Development Act (15 U.S.C. 7404(c)(6)(C)) is amended by inserting ``or
veterans'' after ``disciplines''.
(h) Veterans and Military Families STEM Education Interagency
Working Group.--
(1) In general.--The Director of the Office of Science and
Technology Policy shall establish or designate an interagency
working group to coordinate Federal programs and policies for
transitioning and training veterans and military spouses for
STEM careers.
(2) Duties of interagency working group.--The interagency
working group under paragraph (1) shall--
(A) coordinate any Federal agency STEM outreach
activities and programs for veterans and military
spouses; and
(B) develop and facilitate the implementation by
participating agencies of a strategic plan, which
shall--
(i) specify and prioritize short- and long-
term objectives;
(ii) specify the common metrics that will
be used by Federal agencies to assess progress
toward achieving such objectives;
(iii) identify barriers veterans face in
reentering the workforce, including a lack of
formal STEM education, career guidance, and the
process of transferring military credits and
skills to college credits;
(iv) identify barriers military spouses
face in establishing careers in STEM fields;
(v) describe the approaches that each
participating agency will take to address
administratively the barriers described in
clauses (iii) and (iv); and
(vi) identify any barriers that require
Federal or State legislative or regulatory
changes in order to be addressed.
(3) Duties of ostp.--The Director of the Office of Science
and Technology Policy shall encourage and monitor the efforts
of the Federal agencies participating in the interagency
working group to ensure that the strategic plan required under
paragraph (2)(B) is developed and executed effectively and that
the objectives of such strategic plan are met.
(4) Report.--The Director of the Office of Science and
Technology Policy shall--
(A) not later than 1 year after the date of
enactment of this Act, submit to Congress the strategic
plan required under paragraph (2)(B); and
(B) include in the annual report required by
section 101(d) of the America COMPETES Reauthorization
Act a description of any progress made in carrying out
the activities described in paragraph (2)(B) of this
subsection.
(5) Sunset.--The interagency working group under paragraph
(1) shall terminate on the date that is 5 years after the date
that it is established. | Supporting Veterans in STEM Careers Act This bill directs the National Science Foundation (NSF) to: (1) encourage veterans to study and pursue careers in STEM (science, technology, engineering, and mathematics) and computer science in coordination with other federal agencies that serve veterans, and (2) submit a plan to Congress for enhancing veterans outreach. The National Science Board shall provide in its annual report on the state of science and engineering in the United States relevant data on veterans in science and engineering careers or education programs. The bill provides for veterans' participation and outreach in: (1) the Robert Noyce Teacher Scholarship program to recruit and train mathematics and science teachers, (2) NSF fellowships and masters fellowships for mathematics and science teachers, (3) computer and network security capacity building grants, and (4) traineeship grants leading to a doctorate degree in computer and network security research. The Office of Science and Technology Policy shall establish an interagency working group to coordinate federal programs and policies for transitioning and training veterans and military spouses for STEM careers. | Supporting Veterans in STEM Careers Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empower Employees Act of 2014''.
SEC. 2. LABOR ORGANIZATION DUES NOT DEDUCTIBLE FROM PAY.
(a) Agencies Generally.--
(1) In general.--Chapter 71 of title 5, United States Code,
is amended by striking section 7115 and inserting the
following:
``Sec. 7115. Labor organization dues not deductible from pay
``(a) In General.--An agency may not deduct any amount from the pay
of an employee for the dues of a labor organization.
``(b) Restriction.--Appropriated funds may not be used to pay an
employee who makes deductions described in subsection (a).
``(c) Definition.--For purposes of this section, the term `agency'
means--
``(1) an Executive agency (as defined in section 105), the
United States Postal Service, and the Postal Regulatory
Commission;
``(2) an office, agency, or other establishment in the
legislative branch;
``(3) an office, agency, or other establishment in the
judicial branch; and
``(4) the government of the District of Columbia.''.
(2) Clerical amendment.--The table of sections for chapter
71 of title 5, United States Code, is amended by striking the
item relating to section 7115 and inserting the following:
``7115. Labor organization dues not deductible from pay.''.
(b) Postal Service Amendment.--
(1) In general.--Section 1205 of title 39, United States
Code, is repealed.
(2) Clerical amendment.--The table of sections for chapter
12 of title 39, United States Code, is amended by striking the
item relating to section 1205.
SEC. 3. EFFECTIVE DATES; TRANSITION PROVISIONS.
(a) Effective Date.--The amendments made by this Act shall take
effect on the date of enactment of this Act.
(b) Transition Provisions.--
(1) Current deductions for dues of an exclusive
representative.--Nothing in this Act shall, in the case of an
assignment received before the date of enactment of this Act
under subsection (a) of section 7115 of title 5, United States
Code (as then in effect), cause the termination of such
assignment before--
(A) the date on which such assignment is revoked,
in accordance with the last sentence of such subsection
(a) (as last in effect before such date of enactment);
or
(B) if earlier, the date determined under paragraph
(1) or (2) of subsection (b) of such section 7115 (as
last in effect before such date of enactment).
(2) Current deductions for dues of other labor
organizations.--Nothing in this Act shall, in the case of a
voluntary allotment made before the date of enactment of this
Act under subsection (c) of section 7115 of title 5, United
States Code (as then in effect), cause the termination of such
allotment before the date on which the underlying agreement
(under authority of which such allotment is being made) ceases
to have effect, whether by reason of section 7115(c)(2)(B) of
such title 5 (as last in effect before such date of enactment)
or otherwise.
(3) Current deductions for dues of a labor organization
from postal service employees.--Nothing in this Act shall, in
the case of a written assignment received before the date of
enactment of this Act under section 1205 of title 39, United
States Code (as then in effect), cause the termination of such
assignment before the date on which such assignment--
(A) is revoked in accordance with such section (as
last in effect before such date of enactment); or
(B) otherwise expires.
(c) Nonrenewability.--
(1) In general.--An agreement between an agency and a labor
organization, entered into before the date of enactment of this
Act under subsection (a) or (c) of section 7115 of such title 5
(as then in effect), shall not, to the extent that it relates
to deductions for the payment of dues of such labor
organization, be subject to renewal or extension.
(2) Postal service.--A written assignment received by the
United States Postal Service under section 1205 of title 39,
United States Code (as then in effect) or an agreement between
the United States Postal Service and any organization of
employees in effect pursuant to 1205(b) of such title (as then
in effect), shall not, to the extent that it relates to
deductions for the payment of dues of such organization, be
subject to renewal or extension.
(d) Definitions.--For purposes of this section, the terms
``agency'', ``exclusive representative'', and ``labor organization''
have the meanings given such terms in section 7103 of title 5, United
States Code. | Empower Employees Act of 2014 - Prohibits federal agencies, including executive, legislative, and judicial agencies, the United States Postal Service (USPO), the Postal Regulatory Commission (PRC), and the government of the District of Columbia, from deducting labor organization fees from the salaries of their employees. | Empower Employees Act of 2014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2003''.
SEC. 2. EXTENSION OF TIME PROVIDED FOR STATES TO REQUEST PAYMENTS UNDER
TITLE I.
(a) Payments For Activities To Improve Administration of
Elections.--Section 101(a) of the Help America Vote Act of 2002 (42
U.S.C. 15301(a)) is amended by striking ``not later than 6 months after
the date of the enactment of this Act'' and inserting ``not later than
the Tuesday next after the first Monday in November 2003''.
(b) Payments For Replacement of Punch Card or Lever Voting
Machines.--Section 102(b)(1) of such Act (42 U.S.C. 15301(b)(1)) is
amended by striking ``not later than the date that is 6 months after
the date of the enactment of this Act'' and inserting ``not later than
the Tuesday next after the first Monday in November 2003''.
(c) Extension of Period of Authorization of Appropriations.--
(1) In general.--Section 104(a) of such Act (42 U.S.C.
15304(a)) is amended by striking ``$650,000,000'' and inserting
``an aggregate amount of $650,000,000 for fiscal years 2003 and
2004''.
(2) Date for transfer to election assistance commission of
unobligated funds.--Section 104(c)(2)(B) of such Act (42 U.S.C.
15304(c)(2)(B)) is amended by striking ``September 1, 2003''
and inserting ``January 1, 2004''.
(d) Requirement To Deploy Interim Measure if Waiver Requested.--
Section 102(a)(3)(B) of such Act (42 U.S.C. 15301(a)(3)(B)) is amended
by striking the period at the end and inserting the following: ``,
except that any State requesting any such waiver shall accept and
implement a paper system for use on an interim basis as provided in
section 5(b) of the Voter Confidence and Increased Accessibility Act of
2003 in time for use in the November 2004 general election.''.
SEC. 3. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(42 U.S.C. 15325) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
SEC. 4. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT RECORD OR HARD COPY.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows:
``(2) Voter-verification and audit capacity.--
``(A) Voter-verification in general.--The voting
system shall produce a voter-verified paper record
suitable for a manual audit equivalent or superior to
that of a paper ballot box system, as further specified
in subparagraph (B).
``(B) Manual audit capacity.--
``(i) The voting system shall produce a
permanent paper record, each individual paper
record of which shall be made available for
inspection and verification by the voter at the
time the vote is cast, and preserved within the
polling place in the manner in which all other
paper ballots are preserved within the polling
place on Election Day for later use in any
manual audit.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
made by the system before the permanent record
is preserved for use in any manual audit.
``(iii) The voter verified paper record
produced under subparagraph (A) and this
subparagraph shall be available as an official
record and shall be the official record used
for any recount conducted with respect to any
election in which the system is used.
``(C) Software and modems.--
``(i) No voting system shall at any time
contain or use undisclosed software. Any voting
system containing or using software shall
disclose the source code of that software to
the Commission, and the Commission shall make
that source code available for inspection upon
request to any citizen.
``(ii) No voting system shall contain any
wireless communication device at all.
``(iii) All software and hardware used in
any electronic voting system shall be certified
by laboratories accredited by the Commission as
meeting the requirements of clauses (i) and (ii).''.
(b) Voter Verification of Results for Individuals With
Disabilities.--Section 301(a)(3) of such Act (42 U.S.C. 15481(a)(3) is
amended--
(1) in the heading, by inserting ``and voter-verification
of results'' after ``accessibility'';
(2) in subparagraph (B), by striking ``; and'' and
inserting the following: ``, and such voting system shall
provide a mechanism for voter-verification of results which
separates the function of vote generation from the function of
vote casting in a manner analogous to that described in section
4 with respect to the separation of paper ballot generation and
paper ballot verification and preservation, but does not
require the use of paper.'';
(3) by amending subparagraph (C) to read as follows:
``(C) The equipment deployed in accordance with
subparagraph (B) shall meet the voting system standards
for disability access and voter-verification of results
as outlined in this paragraph in accordance with the
deadline set forth in section 5(a), provided that if it
does not and an interim paper system is deployed in
accordance with section 5(b), disabled voters shall
have the option of using the interim paper system with
the assistance of an aide of the voter's personal
selection or using the voting system otherwise put in
place for use by disabled voters at the time in
question in accordance with the Help America Vote Act
of 2002, as in effect prior to the enactment of this
Act, except that the deadline set forth in section
301(a)(3)(C) of such Act (42 U.S.C. 15481(a)(3)(C)) is
moved forward from January 1, 2007, to January 1,
2006.''; and
(4) by adding at the end the following new subparagraph:
``(D) Election officials shall be instructed in the
rights of the disabled to vote with the assistance of
an aide of their selection under the Voting Rights Act
of 1965.''.
(c) Specific, Delineated Requirement of Study, Testing, and
Development of Best Practices.--In addition to any other requirements
under the Help America Vote Act of 2002, the Election Assistance
Commission shall study, test, and develop best practices to enhance
accessibility and voter-verification mechanisms for disabled voters.
SEC. 5. CHANGE IN DEADLINE FOR COMPLIANCE WITH STANDARDS.
(a) In General.--Section 301(d) of the Help America Vote Act of
2002 (42 U.S.C. 15481(d)) is amended by striking ``on and after January
1, 2006'' and inserting ``in time for elections for Federal office
beginning with the regularly scheduled general election to be held in
November 2004''.
(b) Interim Paper System.--Each State and jurisdiction that
certifies in the manner described in section 102(a)(3)(B) that it shall
be unable to comply with the requirements of section 301 in time for
the regularly scheduled general election for Federal office to be held
in November 2004 shall receive a paper voting system, based on paper
systems in use in the jurisdiction, if any, at the expense of the
Commission that shall be deemed compliant with section 301 by the
Commission for use in the November 2004 general elections.
SEC. 6. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL SECURITY
OF VOTER REGISTRATION LISTS.
Section 303(a)(3) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)(3)) is amended by striking the period at the end and inserting
the following: ``, as certified by the Commission.''.
SEC. 7. REQUIREMENT FOR MANDATORY RECOUNTS.
The Election Assistance Commission shall conduct manual mandatory
surprise recounts of the voter-verified records of each election for
Federal office (and, at the option of the State or jurisdiction
involved, of elections for State and local office) in .5 percent of the
jurisdictions in each State and .5 percent of the overseas
jurisdictions in which voter-verified records are preserved in
accordance with this section immediately following each general
election for Federal office, and shall promptly publish the results of
those recounts. The treatment of the results of the recount shall be
governed by applicable Federal, State, or local law, except that any
individual who is a citizen of the jurisdiction involved may file an
appeal with the Commission if the individual believes that such law
does not provide a fair remedy.
SEC. 8. EFFECTIVE DATE.
Except as provided in section 3(b), the amendments made by this Act
shall take effect as if included in the enactment of the Help America
Vote Act of 2002. | Voter Confidence and Increased Accessibility Act of 2003 - Amends the Help America Vote Act of 2002 to provide for an extension of time for States to request payments for activities to improve administration of elections and for replacement of punch card or lever voting machines.Repeals the exemption of the Election Assistance Commission from certain Government contracting requirements (thus requiring the Commission to advertise for proposals for purchases and contracts for supplies or services).Revises audit capacity requirements to require the voting system to produce a voter-verified paper record suitable for a manual audit equivalent or superior to that of a paper ballot box system.Requires the voting system to provide a mechanism for voter-verification of results with respect to individuals with disabilities which separates the function of vote generation from the function of vote casting, but does not require the use of paper. Requires instruction of election officials in the rights of the disabled to vote with the assistance of an aide of their selection under the Voting Rights Act of 1965. Requires the Commission to study and develop best practices to enhance accessibility and voter-verification mechanisms for disabled voters.Accelerates the deadline for compliance with voting systems standards from January 1, 2006, to the regularly scheduled November 2004 general Federal election.Requires each State and jurisdiction unable to meet such deadline to receive a paper voting system at Commission expense that shall be deemed compliant with such standards for use in the November 2004 general election.Requires Federal certification of technological security of voter registration lists.Directs the Commission to: (1) conduct manual mandatory surprise recounts of the voter-verified records of each election for Federal office (and, at State or local option, of elections for State and local office) in .5 percent of the jurisdictions in each State and .5 percent of the overseas jurisdictions in which voter-verified records are preserved in accordance with this Act immediately following each general election for Federal office; and (2) promptly publish the results of those recounts. | To amend the Help America Vote Act of 2002 to require a voter-verified permanent record or hardcopy under title III of such Act, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dam Rehabilitation and Repair Act of
2015''.
SEC. 2. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
(a) Definitions.--Section 2 of the National Dam Safety Program Act
(33 U.S.C. 467) is amended--
(1) by redesignating paragraphs (4), (5), (6), (7), (8),
(9), (10), (11), (12), and (13) as paragraphs (5), (6), (7),
(8), (9), (11), (13), (14), (15), and (16), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Deficient dam.--The term `deficient dam' means a dam
that the State within the boundaries of which the dam is
located determines--
``(A) fails to meet minimum dam safety standards of
the State or an Indian tribe; and
``(B) poses an unacceptable risk to the public.'';
and
(3) by inserting after paragraph (9) (as redesignated by
paragraph (1) of this subsection) the following:
``(10) Publicly-owned dam.--
``(A) In general.--The term `publicly-owned dam'
means a dam that is owned by 1 or more State agencies
or governments, local governments, municipal
governments, or tribal governments.
``(B) Inclusions.--The term `publicly-owned dam'
includes a dam owned by a nonprofit organization that--
``(i) is established by 1 or more State,
local, municipal, or tribal governments; and
``(ii) provides public benefits, such as--
``(I) local flood control
districts;
``(II) regional public water
utilities; and
``(III) local irrigation
districts.''; and
(4) by inserting after paragraph (11) (as redesignated by
paragraph (1) of this subsection) the following:
``(12) Rehabilitation.--The term `rehabilitation' means the
repair, replacement, reconstruction, or removal of a dam that
is carried out to meet applicable State or tribal dam safety
standards.''.
(b) Program for Rehabilitation and Repair of Deficient Dams.--The
National Dam Safety Program Act is amended by inserting after section 8
(33 U.S.C. 467f) the following:
``SEC. 8A. REHABILITATION AND REPAIR OF DEFICIENT DAMS.
``(a) Establishment of Program.--The Administrator shall establish,
within FEMA, a program to provide grant assistance to States for use in
rehabilitation of deficient dams that are publicly-owned dams.
``(b) Award of Grants.--
``(1) Application.--
``(A) In general.--A State interested in receiving
a grant under this section may submit to the
Administrator an application for the grant.
``(B) Requirements.--An application submitted to
the Administrator under this section shall be submitted
at such time, be in such form, and contain such
information as the Administrator may prescribe by
regulation.
``(2) Grant.--
``(A) In general.--The Administrator may make a
grant in accordance with this section for
rehabilitation of a deficient dam to a State that
submits an application for the grant in accordance with
the regulations prescribed by the Administrator.
``(B) Project grant agreement.--The Administrator
shall enter into a project grant agreement with the
State to establish the terms of the grant and the
project, including the amount of the grant.
``(C) Grant assurance.--As part of a project
agreement entered into under subparagraph (B), the
Administrator shall require a State to provide an
assurance, with respect to the dam to be rehabilitated
under the project, that the owner of the dam has
developed and will carry out a plan for maintenance of
the dam during the expected life of the dam.
``(3) Agreements between states and indian tribes.--A State
that receives a grant under this section may enter into an
agreement with an Indian tribe--
``(A) to transfer grant funds to the tribe for
rehabilitation of a tribally-owned deficient dam
consistent with this section; or
``(B) to authorize the State to use grant funds to
rehabilitate a tribally-owned deficient dam consistent
with this section.
``(4) Applicability of requirements.--The Administrator
shall require recipients of grants under this section to assure
compliance with the standards set forth in section 611(j)(9) of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5196(j)(9)), as in effect on the date of
enactment of this section, in the same manner that recipients
of financial contributions under section 611(j) of such Act are
required to assure compliance with such standards.
``(c) Priority System.--The Administrator, in consultation with the
Board, shall develop a risk-based priority system for use in
identifying deficient dams for which grants may be made under this
section.
``(d) Allocation of Funds.--The total amount of funds appropriated
pursuant to subsection (h)(1) for a fiscal year shall be allocated for
making grants under this section to States applying for the grants for
that fiscal year as follows:
``(1) \1/3\ divided equally among applying States.
``(2) \2/3\ divided among applying States based on the
proportion that--
``(A) the number of non-Federal publicly-owned dams
that the Secretary of the Army identifies in the
national inventory of dams maintained under section 6
as constituting a danger to human health and that are
located within the boundaries of the State; bears to
``(B) the number of non-Federal publicly-owned dams
that are so identified and that are located within the
boundaries of all applying States.
``(e) Use of Funds.--None of the funds provided in the form of a
grant or otherwise made available under this section shall be used--
``(1) to rehabilitate a Federal dam;
``(2) to perform routine operation or maintenance of a dam;
``(3) to modify a dam to produce hydroelectric power;
``(4) to increase water supply storage capacity; or
``(5) to make any other modification to a dam that does not
also improve the safety of the dam.
``(f) Cost Sharing.--The Federal share of the cost of
rehabilitation of a deficient dam for which a grant is made under this
section may not exceed 75 percent of the cost of the rehabilitation.
``(g) Contractual Requirements.--
``(1) In general.--Subject to paragraph (2), as a condition
on the receipt of a grant under this section, a State that
receives the grant shall require that each contract and
subcontract for program management, construction management,
planning studies, feasibility studies, architectural services,
preliminary engineering, design, engineering, surveying,
mapping, and related services entered into using funds from the
grant be awarded in the same manner as a contract for
architectural and engineering services is awarded under--
``(A) chapter 11 of title 40, United States Code;
or
``(B) an equivalent qualifications-based
requirement prescribed by the State.
``(2) No proprietary interest.--A contract awarded in
accordance with paragraph (1) shall not be considered to confer
a proprietary interest upon the United States.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $50,000,000 for fiscal year 2016;
``(B) $100,000,000 for fiscal year 2017;
``(C) $150,000,000 for fiscal year 2018;
``(D) $250,000,000 for fiscal year 2019; and
``(E) $250,000,000 for fiscal year 2020.
``(2) Staff.--There is authorized to be appropriated to
provide for the employment of such additional staff of FEMA as
are necessary to carry out this section $400,000 for each of
fiscal years 2016 through 2020.
``(3) Period of availability.--Amounts made available under
this section shall remain available until expended.''.
(c) Rulemaking.--
(1) Proposed rulemaking.--Not later than 90 days after the
date of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall issue a notice of proposed
rulemaking regarding the amendments made by this section to the
National Dam Safety Program Act (33 U.S.C. 467 et seq.).
(2) Final rule.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall promulgate a final rule
regarding the amendments described in paragraph (1).
SEC. 3. BUY AMERICA.
The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is
amended by adding at the end the following:
``SEC. 15. BUY AMERICA.
``(a) Domestic Source Requirement for Steel, Iron, and Manufactured
Goods.--
``(1) In general.--Notwithstanding any other provision of
law, funds made available to carry out this Act may not be
obligated for a project unless the steel, iron, and
manufactured goods used for the project are produced in the
United States.
``(2) Scope.--The requirements of this section apply to all
contracts for a project carried out within the scope of the
applicable finding, determination, or decision under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) regardless of the funding source of such contracts, if at
least one contract for the project is funded with amounts made
available to carry out this Act.
``(b) Exceptions.--
``(1) Issuance of waivers.--The Administrator may waive the
requirements of subsection (a) only if the Administrator finds
that--
``(A) applying subsection (a) would be inconsistent
with the public interest, as determined in accordance
with the regulations required under paragraph (2);
``(B) the steel, iron, or manufactured goods
required for a project are not produced in the United
States--
``(i) in sufficient and reasonably
available quantities; or
``(ii) to a satisfactory quality; or
``(C) the use of steel, iron, and manufactured
goods produced in the United States for a project will
increase the total cost of the project by more than 25
percent.
``(2) Regulations.--Not later than 1 year after the date of
enactment of this section, the Administrator shall issue
regulations establishing the criteria that the Administrator
shall use to determine whether the application of subsection
(a) is inconsistent with the public interest for purposes of
paragraph (1)(A).
``(3) Requests for waivers.--A recipient of assistance
under this Act seeking a waiver under paragraph (1) shall
submit to the Administrator a request for the waiver in such
form and containing such information as the Administrator may
require.
``(c) Waiver Requirements.--
``(1) Public notification of and opportunity for comment on
request for a waiver.--
``(A) In general.--If the Administrator receives a
request for a waiver under subsection (b), the
Administrator shall provide notice of and an
opportunity for public comment on the request at least
30 days before making a finding based on the request.
``(B) Notice requirements.--A notice provided under
subparagraph (A) shall--
``(i) include the information available to
the Administrator concerning the request,
including whether the request is being made
under subsection (b)(1)(A), (b)(1)(B), or
(b)(1)(C); and
``(ii) be provided by electronic means,
including on the official public Internet Web
site of FEMA.
``(2) Detailed justification in federal register.--If the
Administrator issues a waiver under subsection (b), the
Administrator shall publish in the Federal Register a detailed
justification for the waiver that--
``(A) addresses the public comments received under
paragraph (1)(A); and
``(B) is published before the waiver takes effect.
``(3) Annual report.--Not later than February 1 of each
year beginning after the date of enactment of this section, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report that--
``(A) specifies each project with respect to which
the Administrator issued a waiver under subsection (b)
during the preceding calendar year;
``(B) identifies the country of origin and product
specifications for steel, iron, or manufactured goods
acquired pursuant to each waiver under subsection (b)
issued by the Administrator during the preceding
calendar year;
``(C) summarizes the monetary value of contracts
awarded pursuant to each such waiver;
``(D) provides the justification for each such
waiver, including the specific law, treaty, or
international agreement under which the waiver was
granted;
``(E) summarizes the funds expended on--
``(i) steel, iron, and manufactured goods
produced in the United States for projects with
respect to which the Buy America requirement
under this section applied during the preceding
calendar year; and
``(ii) steel, iron, and manufactured goods
produced outside the United States for projects
with respect to which the Administrator issued
a waiver under subsection (b) during the
preceding calendar year; and
``(F) provides an employment impact analysis of the
cumulative effect of all waivers under subsection (b)
issued by the Administrator during the preceding
calendar year on manufacturing employment in the United
States.
``(d) State Requirements.--The Administrator may not impose a
limitation or condition on assistance provided under this Act that
restricts--
``(1) a State from imposing requirements that are more
stringent than those imposed under this section with respect to
limiting the use of articles, materials, or supplies mined,
produced, or manufactured in foreign countries for projects
carried out with such assistance; or
``(2) any recipient of such assistance from complying with
such State requirements.
``(e) Intentional Violations.--Pursuant to procedures established
under subpart 9.4 of chapter 1 of title 48, Code of Federal
Regulations, a person shall be ineligible to receive a contract or
subcontract funded with amounts made available to carry out this Act if
the Administrator, the head of any department, agency, or
instrumentality of the United States, or a court determines that such
person intentionally--
``(1) affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any
steel, iron, or manufactured goods that--
``(A) were used in a project to which this section
applies; and
``(B) were not produced in the United States; or
``(2) represented that any steel, iron, or manufactured
goods were produced in the United States that--
``(A) were used in a project to which this section
applies; and
``(B) were not produced in the United States.
``(f) Consistency With International Agreements.--
``(1) In general.--This section shall be applied in a
manner that is consistent with United States obligations under
international agreements.
``(2) Treatment of foreign countries in violation of
international agreements.--The Administrator shall prohibit the
use of steel, iron, and manufactured goods produced in a
foreign country in a project funded with amounts made available
to carry out this Act, including any project for which the
Administrator has issued a waiver under subsection (b), if the
Administrator, in consultation with the United States Trade
Representative, determines that the foreign country is in
violation of the terms of an agreement with the United States
by discriminating against steel, iron, or manufactured goods
that are produced in the United States and covered by the
agreement.
``(g) Emergency Waiver.--Notwithstanding any other provision of
this section, the Administrator may waive the applicability of this
section, in whole or in part, in an emergency.''. | Dam Rehabilitation and Repair Act of 2015 Amends the National Dam Safety Program Act to require the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to states for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards of the state or an Indian tribe and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires FEMA to: (1) require a state to provide an assurance that the owner of the dam to be rehabilitated has developed and will carry out a maintenance plan during the expected life of the dam, (2) require a recipient of a grant under this Act to comply with requirements applicable to contributions of federal funds under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (3) develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the federal share of rehabilitation costs to 75%. Prohibits grant funds from being used to: (1) rehabilitate a federal dam, (2) perform routine operation or maintenance, (3) modify a dam to produce hydroelectric power, (4) increase water supply storage capacity, or (5) make any other modification that does not also improve dam safety. Conditions the receipt of grants by a state upon the state following specified requirements applicable to contracts for architectural and engineering services when entering into contracts for services relating to dam rehabilitation. Provides that such contracts shall not be considered to confer a proprietary interest upon the United States. Prohibits funds from being obligated for a project under this Act unless the steel, iron, and manufactured goods used for the project are produced in the United States. Authorizes waivers. | Dam Rehabilitation and Repair Act of 2015 |
SECTION 1. PRESERVATION AND RESTORATION OF HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
Title V of the Omnibus Parks and Public Lands Management Act of
1996 (Public Law 104-333; 1110 Stat. 4153) is amended by striking
section 507 and inserting the following:
``SEC. 507. PRESERVATION AND RESTORATION OF HISTORIC BUILDINGS AND
STRUCTURES AT HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES.
``(a) Purposes.--The purposes of this section are--
``(1) to identify historic buildings and structures at
historically black colleges and universities that are in need
of preservation and restoration; and
``(2) to provide grants to historically black colleges and
universities to preserve and restore those buildings and
structures.
``(b) Definitions.--In this section:
``(1) Historically black college or university.--The term
`historically black college or university' has the meaning
given the term `part B institution' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
``(2) Historic building or structure.--The term `historic
building or structure' means a building or structure listed, or
eligible to be listed, on the National Register of Historic
Places.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the National
Park Service.
``(c) Establishment.--The Secretary shall establish a program to
provide for the preservation and restoration of historic buildings and
structures at historically black colleges and universities.
``(d) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary, through the National Trust for
Historic Preservation, shall--
``(1) assess all historic buildings and structures located
at historically black colleges and universities;
``(2) obtain an independent estimate of the complete cost
of restoring, renovating, or rehabilitating the historic
buildings or structures (including the cost of compliance with
applicable laws (including regulations) relating to handicapped
access to the buildings or structures); and
``(3) determine the fiscal capacity of each historically
black college or university to complete the restoration,
renovation, or rehabilitation of the historic buildings and
structures, including the ability of the historically black
college or university to provide the non-Federal share under
subsection (f)(1).
``(e) Grants.--
``(1) In general.--Not less often than once each fiscal
year, the Secretary shall award not less than 15 grants to
historically black colleges and universities to pay the Federal
share of the cost of restoring, renovating, or rehabilitating
historic buildings and structures located on the campuses of
historically black colleges and universities.
``(2) Amount.--
``(A) In general.--The amount of a grant under
paragraph (1) shall be equal to the difference
between--
``(i) the amount required to restore,
renovate, or rehabilitate the historic building
or structure; and
``(ii) unless the non-Federal share is
waived under subsection (f)(2), the amount of
the non-Federal share required under subsection
(f)(1).
``(B) Limitation.--The amount of a grant determined
under subparagraph (A) shall not exceed the cost of
completing the restoration, renovation, or
rehabilitation of a historic building or structure.
``(3) Considerations.--In awarding grants under paragraph
(1), the Secretary shall consider, based on the assessment
under subsection (d), the relative severity of the threat to
the historic value and status of the historic building or
structure, including--
``(A) the extent of the physical deterioration of
the historic building or structure because of lack of
use or inadequate maintenance;
``(B) the demand for use of the historic building
or structure, or the land on which the historic
building or structure is located, because of--
``(i) encroachment from the surrounding
community; or
``(ii) the need to expand the campus of the
historically black college or university; and
``(C) the extent of the lack of resources necessary
to assess the need for, and to pay the cost of,
restoration, renovation, or rehabilitation of historic
buildings or structures located on the campus of the
historically black college or university.
``(4) Conditions.--As a condition of the receipt of a grant
for a historic building or structure under paragraph (1), a
grant recipient shall agree--
``(A) that, for a period of time specified by the
Secretary--
``(i) no alteration shall be made to the
historic building or structure without the
approval of the Secretary;
``(ii) reasonable public access to the
historic building or structure restored,
renovated, or rehabilitated using grant funds
shall be permitted by the grant recipient for
interpretive and educational purposes; and
``(iii) the grant recipient shall not
receive any other funds under the National
Historic Preservation Act (16 U.S.C. 470 et
seq.); and
``(B) to provide the non-Federal share required
under subsection (f)(1) unless the requirement is
waived under subsection (f)(2).
``(f) Cost Sharing.--
``(1) Non-federal share.--The non-Federal share of the cost
of a project to restore, renovate, or rehabilitate a historic
building or structure under this section shall be 30 percent.
``(2) Waiver.--
``(A) In general.--In a case in which the
historically black college or university does not have
an endowment or has an endowment of less than
$50,000,000, the Secretary shall waive the non-Federal
share required under paragraph (1).
``(B) Applicability.--Subparagraph (A) shall apply
to any grant provided to a historically black college
or university under this section after November 12,
1996.
``(g) Funding.--
``(1) In general.--Of funds of the Historic Preservation
Fund established by section 108 of the National Historic
Preservation Act (16 U.S.C. 470h), $60,000,000 shall be made
available to the Secretary to carry out this section for fiscal
year 2003 and each fiscal year thereafter.
``(2) Allocation.--Of amounts made available under
paragraph (1) for a fiscal year, the Secretary shall make a
grant to each historically black college or university, in
order of priority based on the assessment under subsection (d),
in an amount determined under subsection (e)(2).''. | Amends the Omnibus Parks and Public Lands Management Act of 1996 to direct the Secretary of the Interior, acting through the Director of the National Park Service, to establish a program to preserve and restore historic buildings and structures at historically black colleges and universities (institutions).Requires the Secretary, through the National Trust for Historic Preservation, to: (1) assess all such buildings and structures; (2) obtain an independent estimate of the complete cost of restoring them; and (3) determine the fiscal capacity of each institution to complete the restoration.Instructs the Secretary: (1) to award up to 15 grants each fiscal year to pay the Federal share of the cost of restoring such buildings and structures; and (2) in awarding such grants, to consider the relative severity of the threat to such a building's or structure's historic value and status.Requires grant recipients to agree to provide the non-Federal share and, for a period specified by the Secretary, to: (1) make no alteration to the building or structure without the Secretary's approval; (2) allow public access to the restored building or structure for interpretive and educational purposes; and (3) not receive other funds under the National Historic Preservation Act.Requires the non-Federal share of a project's cost to be 30 percent. Waives such non-Federal share for an institution that does not have an endowment or that has an endowment of under $50 million. Applies such waiver to any grant provided to an institution after November 12, 1996. | A bill to provide for the preservation and restoration of historic buildings and structures at historically black colleges and universities. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Driver's License
Security and Modernization Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Minimum document requirements and issuance standards for
Federal recognition.
Sec. 4. Linking of databases.
Sec. 5. Trafficking in authentication features for use in false
identification documents.
Sec. 6. Grants to States.
Sec. 7. Authority.
Sec. 8. Repeal.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section 30301
of title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
SEC. 3. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR
FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of the
enactment of this Act, a Federal agency may not accept, for any
official purpose, a driver's license or identification card
issued by a State to any person unless the State is meeting the
requirements of this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary of
Transportation, may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the requirements of
this section, a State shall include, at a minimum, the following
information and features on each driver's license and identification
card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver license or identification card
number.
(5) A digital photograph of the person.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a
driver's license or identification card to a person:
(A) A photo identity document, except that a non-
photo identity document is acceptable if it includes
both the person's full legal name and date of birth.
(B) Documentation showing the person's date of
birth.
(C) Proof of the person's social security account
number or verification that the person is not eligible
for a social security account number.
(D) Documentation showing the person's name and
address of principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this
section, a State shall comply with the minimum
standards of this paragraph.
(B) Evidence of legal status.--A State shall
require, before issuing a driver's license or
identification card to a person, valid documentary
evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for
permanent or temporary residence in the United
States;
(iii) has conditional permanent resident
status in the United States;
(iv) has a valid, unexpired nonimmigrant
visa or nonimmigrant visa status for entry into
the United States;
(v) has a pending or approved application
for asylum in the United States;
(vi) has entered into the United States in
refugee status;
(vii) has a pending or approved application
for temporary protected status in the United
States;
(viii) has approved deferred action status;
or
(ix) has a pending application for
adjustment of status to that of an alien
lawfully admitted for permanent residence in
the United States or conditional permanent
resident status in the United States.
(C) Temporary drivers' licenses and identification
cards.--
(i) In general.--If a person presents
evidence under any of clauses (iv) through (ix)
of subparagraph (B), the State may only issue a
temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's
license or temporary identification card issued
pursuant to this subparagraph shall be valid
only during the period of time of the
applicant's authorized stay in the United
States or if there is no definite end to the
period of authorized stay a period of one year.
(iii) Display of expiration date.--A
temporary driver's license or temporary
identification card issued pursuant to this
subparagraph shall clearly indicate that it is
temporary and shall state the date on which it
expires.
(iv) Renewal.--A temporary driver's license
or temporary identification card issued
pursuant to this subparagraph may be renewed
only upon presentation of valid documentary
evidence that the status by which the applicant
qualified for the temporary driver's license or
temporary identification card has been extended
by the Secretary of Homeland Security.
(3) Applications for renewal, duplication, or reissuance.--
(A) Presumption.--For purposes of paragraphs (1)
and (2), a State shall presume that any driver's
license or identification card for which an application
has been made for renewal, duplication, or reissuance
has been issued in accordance with the provisions of
such paragraphs if, at the time the application is
made, the driver's license or identification card has
not expired or been canceled, suspended, or revoked.
(B) Limitation.--Subparagraph (A) shall not apply
to a renewal, duplication, or reissuance if the State
is notified by a local, State, or Federal government
agency that the person seeking such renewal,
duplication, or reissuance is neither a citizen of the
United States nor legally in the United States.
(4) Verification of documents.--To meet the requirements of
this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall
verify, with the issuing agency, the issuance,
validity, and completeness of each document required to
be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign
document, other than an official passport, to satisfy a
requirement of paragraph (1) or (2).
(C) Not later than September 11, 2005, the State
shall enter into a memorandum of understanding with the
Secretary of Homeland Security to routinely utilize the
automated system known as Systematic Alien Verification
for Entitlements, as provided for by section 404 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (110 Stat. 3009-664), to verify the legal
presence status of a person, other than a United States
citizen, applying for a driver's license or
identification card.
(d) Other Requirements.--To meet the requirements of this section,
a State shall adopt the following practices in the issuance of drivers'
licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person using the
full social security account number. In the event that a social
security account number is already registered to or associated
with another person to which any State has issued a driver's
license or identification card, the State shall resolve the
discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and the
security of document materials and papers from which drivers'
licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
SEC. 4. LINKING OF DATABASES.
(a) In General.--To be eligible to receive any grant or other type
of financial assistance made available under this Act, a State shall
participate in the interstate compact regarding sharing of driver
license data, known as the ``Driver License Agreement'', in order to
provide electronic access by a State to information contained in the
motor vehicle databases of all other States.
(b) Requirements for Information.--A State motor vehicle database
shall contain, at a minimum, the following information:
(1) All data fields printed on drivers' licenses and
identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 5. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE
IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is amended by
striking ``false authentication features'' and inserting ``false or
actual authentication features''.
SEC. 6. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State to assist
the State in conforming to the minimum standards set forth in this Act.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this Act.
SEC. 7. AUTHORITY.
(a) Participation of Secretary of Transportation and States.--All
authority to issue regulations, certify standards, and issue grants
under this Act shall be carried out by the Secretary, in consultation
with the Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a State an
extension of time to meet the requirements of section 3(a)(1) if the
State provides adequate justification for noncompliance.
SEC. 8. REPEAL.
Section 7212 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458) is repealed. | Driver's License Security and Modernization Act - Prohibits a Federal agency from accepting a State-issued driver's license or identification card unless it includes certain information, including a digital photograph, a common machine-readable technology, and certain anti-fraud physical security features. Prescribes minimum license or identification card issuance standards and other special requirements (including requirements with respect to the issuance of temporary drivers' licenses and identification cards) States must meet.
Requires a State, among other things, to require, before issuing a driver's license or other identification card, valid documentary evidence that a person has: (1) U.S. citizenship; (2) lawful permanent residence in the United States; or (3) another specified lawful immigrant or nonimmigrant status.
Requires a State, to be eligible for a grant to assist it in conforming to such minimum standards, to participate in the interstate compact, "Driver License Agreement," in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States.
Repeals similar requirements contained in the Intelligence Reform and Terrorism Prevention Act of 2004. | To establish and rapidly implement regulations for State driver's license and identification document security standards. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Colorectal Cancer Screening Act of
1997''.
SEC. 2. MEDICARE COVERAGE OF COLORECTAL SCREENING SERVICES.
(a) Coverage.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)--
(i) by striking ``and'' at the end of
subparagraphs (N) and (O); and
(ii) by inserting after subparagraph (O)
the following:
``(P) colorectal cancer screening tests (as defined in
subsection (oo)); and''; and
(B) by adding at the end the following:
``Colorectal Cancer Screening Tests
``(oo)(1) The term `colorectal cancer screening test' means, unless
determined otherwise pursuant to section 2(a)(2) of the Colorectal
Cancer Screening Act of 1997, any of the following procedures furnished
to an individual for the purpose of early detection of colorectal
cancer:
``(A) Screening fecal-occult blood test.
``(B) Screening flexible sigmoidoscopy.
``(C) Screening barium enema.
``(D) In the case of an individual at high risk for
colorectal cancer, screening colonoscopy or screening barium
enema.
``(E) For years beginning after 2002, such other procedures
as the Secretary finds appropriate for the purpose of early
detection of colorectal cancer, taking into account changes in
technology and standards of medical practice, availability,
effectiveness, costs, the particular screening needs of racial
and ethnic minorities in the United States and such other
factors as the Secretary considers appropriate.
``(2) In paragraph (1)(D), an `individual at high risk for
colorectal cancer' is an individual who, because of family history,
prior experience of cancer or precursor neoplastic polyps, a history of
chronic digestive disease condition (including inflammatory bowel
disease, Crohn's Disease, or ulcerative colitis), the presence of any
appropriate recognized gene markers for colorectal cancer, or other
predisposing factors, faces a high risk for colorectal cancer.''.
(2) Review of coverage of colorectal cancer screening
tests.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act (and periodically
thereafter), the Secretary of Health and Human Services
(in this paragraph referred to as the ``Secretary'')
shall review--
(i) the standards of medical practice with
regard to colorectal cancer screening tests (as
defined in section 1861(oo) of the Social
Security Act (42 U.S.C. 1395x(oo))) (as added
by paragraph (1) of this section);
(ii) the availability, effectiveness,
costs, and cost-effectiveness of colorectal
cancer screening tests covered under the
medicare program under title XVIII of the
Social Security Act (42 U.S.C. 1395 et seq.) at
the time of such review;
(iii) the particular screening needs of
racial and ethnic minorities in the United
States; and
(iv) such other factors as the Secretary
considers appropriate with regard to the
coverage of colorectal cancer screening tests
under the medicare program.
(B) Determination.--If the Secretary determines it
appropriate based on the review conducted pursuant to
subparagraph (A), the Secretary shall issue and publish
a determination that one or more colorectal cancer
screening tests described in section 1861(oo) of the
Social Security Act (42 U.S.C. 1395x(oo)) (as added by
paragraph (1) of this section) shall no longer be
covered under that section.
(b) Frequency and Payment Limits.--
(1) In general.--Section 1834 of the Social Security Act
(42 U.S.C. 1395m) is amended by inserting after subsection (c)
the following:
``(d) Frequency and Payment Limits for Colorectal Cancer Screening
Tests.--
``(1) Screening fecal-occult blood tests.--
``(A) Payment limit.--In establishing fee schedules
under section 1833(h) with respect to colorectal cancer
screening tests consisting of screening fecal-occult
blood tests, except as provided by the Secretary under
paragraph (5)(A), the payment amount established for
tests performed--
``(i) in 1998 shall not exceed $5; and
``(ii) in a subsequent year, shall not
exceed the limit on the payment amount
established under this subsection for such
tests for the preceding year, adjusted by the
applicable adjustment under section 1833(h) for
tests performed in such year.
``(B) Frequency limit.--Subject to revision by the
Secretary under paragraph (5)(B), no payment may be
made under this part for colorectal cancer screening
test consisting of a screening fecal-occult blood
test--
``(i) if the individual is under 50 years
of age; or
``(ii) if the test is performed within the
11 months after a previous screening fecal-
occult blood test.
``(2) Screening for individuals not at high risk.--Subject
to revision by the Secretary under paragraph (5)(B), no payment
may be made under this part for a colorectal cancer screening
test consisting of a screening flexible sigmoidoscopy or
screening barium enema--
``(i) if the individual is under 50 years
of age; or
``(ii) if the procedure is performed within
the 47 months after a previous screening
flexible sigmoidoscopy or screening barium
enema.
``(3) Screening for individuals at high risk for colorectal
cancer.--Subject to revision by the Secretary under paragraph
(5)(B), no payment may be made under this part for a colorectal
cancer screening test consisting of a screening colonoscopy or
screening barium enema for individuals at high risk for
colorectal cancer if the procedure is performed within the 23
months after a previous screening colonoscopy or screening
barium enema.
``(4) Payment amounts for certain colorectal cancer
screening tests.--The Secretary shall establish payment amounts
under section 1848 with respect each colorectal cancer
screening tests described in subparagraphs (B), (C), and (D) of
section 1861(oo)(1) that are consistent with payment amounts
under such section for similar or related services, except that
such payment amount shall be established without regard to
section 1848(a)(2)(A).
``(5) Reductions in payment limit and revision of
frequency.--
``(A) Reductions in payment limit for screening
fecal-occult blood tests.--The Secretary shall review
from time to time the appropriateness of the amount of
the payment limit established for screening fecal-
occult blood tests under paragraph (1)(A). The
Secretary may, with respect to tests performed in a
year after 2000, reduce the amount of such limit as it
applies nationally or in any area to the amount that
the Secretary estimates is required to assure that such tests of an
appropriate quality are readily and conveniently available during the
year.
``(B) Revision of frequency.--
``(i) Review.--The Secretary shall review
periodically the appropriate frequency for
performing colorectal cancer screening tests
based on age and such other factors as the
Secretary believes to be pertinent.
``(ii) Revision of frequency.--The
Secretary, taking into consideration the review
made under clause (i), may revise from time to
time the frequency with which such tests may be
paid for under this subsection, but no such
revision shall apply to tests performed before
January 1, 2001.
``(6) Limiting charges of nonparticipating physicians.--
``(A) In general.--In the case of a colorectal
cancer screening test consisting of a screening
flexible sigmoidoscopy or screening barium enema, or a
screening colonoscopy or screening barium enema
provided to an individual at high risk for colorectal
cancer for which payment may be made under this part,
if a nonparticipating physician provides the procedure
to an individual enrolled under this part, the
physician may not charge the individual more than the
limiting charge (as defined in section 1848(g)(2)).
``(B) Enforcement.--If a physician or supplier
knowingly and willfully imposes a charge in violation
of subparagraph (A), the Secretary may apply sanctions
against such physician or supplier in accordance with
section 1842(j)(2).''.
(c) Conforming Amendments.--
(1) Paragraphs (1)(D) and (2)(D) of section 1833(a) of the
Social Security Act (42 U.S.C. 1395l(a)) are each amended by
inserting ``or section 1834(d)(1)'' after ``subsection
(h)(1)''.
(2) Section 1833(h)(1)(A) of the Social Security Act (42
U.S.C. 1395l(h)(1)(A)) is amended by striking ``The Secretary''
and inserting ``Subject to paragraphs (1) and (5)(A) of section
1834(d), the Secretary''.
(3) Clauses (i) and (ii) of section 1848(a)(2)(A) of the
Social Security Act (42 U.S.C. 1395w-4(a)(2)(A)) are each
amended by inserting after ``a service'' the following:
``(other than a colorectal cancer screening test consisting of
a screening colonoscopy or screening barium enema provided to
an individual at high risk for colorectal cancer or a screening
flexible sigmoidoscopy or screening barium enema)''.
(4) Section 1862(a) of the Social Security Act (42 U.S.C.
1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by striking the
semicolon at the end and inserting ``, and'';
and
(iii) by adding at the end the following:
``(G) in the case of colorectal cancer screening tests,
which are performed more frequently than is covered under
section 1834(d);''; and
(B) in paragraph (7), by striking ``paragraph
(1)(B) or under paragraph (1)(F)'' and inserting
``subparagraph (B), (F), or (G) of paragraph (1)''.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to items and services
furnished on or after January 1, 1998. | Colorectal Cancer Screening Act of 1997 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) cover colorectal cancer screening tests for individuals age 50 or over (screening fecal-occult blood tests, flexible sigmoidoscopies, barium enemas, and, for high-risk individuals, colonoscopy); and (2) prescribe frequency and payment limits. Requires the Secretary of Health and Human Services to review such coverage after two years and determine whether to terminate it for one or more of such tests. | Colorectal Cancer Screening Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Health Care Choice Act''.
SEC. 2. SPECIFICATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT OF LAW.
This Act is enacted pursuant to the power granted Congress under
article I, section 8, clause 3, of the United States Constitution.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The application of numerous and significant variations
in State law impacts the ability of insurers to offer, and
individuals to obtain, affordable individual health insurance
coverage, thereby impeding commerce in individual health
insurance coverage.
(2) Individual health insurance coverage is increasingly
offered through the Internet, other electronic means, and by
mail, all of which are inherently part of interstate commerce.
(3) In response to these issues, it is appropriate to
encourage increased efficiency in the offering of individual
health insurance coverage through a collaborative approach by
the States in regulating this coverage.
(4) The establishment of risk-retention groups has provided
a successful model for the sale of insurance across State
lines, as the acts establishing those groups allow insurance to
be sold in multiple States but regulated by a single State.
SEC. 4. COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE.
(a) In General.--Title XXVII of the Public Health Service Act (42
U.S.C. 300gg et seq.) is amended by adding at the end the following new
part:
``Part D--Cooperative Governing of Individual Health Insurance Coverage
``SEC. 2795. DEFINITIONS.
``In this part:
``(1) Primary state.--The term `primary State' means, with
respect to individual health insurance coverage offered by a
health insurance issuer, the State designated by the issuer as
its primary State. An issuer, with respect to a particular
policy, may only designate one such State as its primary State
with respect to all such coverage it offers.
``(2) Secondary state.--The term `secondary State' means,
with respect to a health insurance issuer, any State (in the
United States or District of Columbia) that is not the primary
State.
``(3) Health insurance issuer.--The term `health insurance
issuer' has the meaning given such term in section 2791(b)(2).
``(4) Individual health insurance coverage.--The term
`individual health insurance coverage' means health insurance
coverage offered in the individual market, as defined in
section 2791(e)(1).
``(5) Applicable state authority.--The term `applicable
State authority' means, with respect to a health insurance
issuer in a State, the State insurance commissioner or official
or officials designated by the State to enforce the
requirements of this title for the State involved with respect
to the issuer.
``(6) Hazardous financial condition.--The term `hazardous
financial condition' means that, based on its present or
reasonably anticipated financial condition, a health insurance
issuer is unlikely to be able--
``(A) to meet obligations to policyholders with
respect to known claims and reasonably anticipated
claims; or
``(B) to pay other obligations in the normal course
of business.
``(7) Covered laws.--The term `covered laws' means the laws
governing the issuance of an individual health insurance
coverage pertaining to--
``(A) the provision of insurance related services;
``(B) management, operations, and investment
activities; and
``(C) loss control and claims administration for a
health insurance issuer with respect to liability for
which the issuer provides insurance.
``SEC. 2796. APPLICATION OF LAW.
``(a) In General.--The covered laws of the primary State shall
apply to individual health insurance coverage offered by that health
insurance issuer in the primary State and in any secondary State.
``(b) Exemptions From State Laws, Rules, Regulations, Judgments,
Agreements, or Orders in a Secondary State.--Except as provided in this
section, a health insurance issuer with respect to its offer, sale, and
issuance of individual health insurance coverage in any secondary State
is exempt from any State law, rule, regulation, judgment, agreement, or
order of the secondary State to the extent that such law, rule,
regulation, judgment, agreement, or order would--
``(1) make unlawful, or regulate, directly or indirectly,
the operation of the health insurance issuer operating in the
secondary State, except that any secondary State may require
such an issuer--
``(A) to pay, on a nondiscriminatory basis,
applicable premium and other taxes which are levied on
insurers and surplus lines insurers, brokers, or
policyholders under the laws of the State;
``(B) to register with and designate the State
insurance commissioner as its agent solely for the
purpose of receiving service of legal documents or
process;
``(C) to comply with a lawful order issued in a
voluntary dissolution proceeding;
``(D) to comply with an injunction issued by a
court of competent jurisdiction, upon a petition by the
State insurance commissioner alleging that the issuer
is in hazardous financial condition; and
``(E) to provide the following notice, in 12-point
bold type, in any insurance coverage issued by such a
health insurance issuer, with the 4 blank spaces
therein being appropriately filled with the name of the
health insurance issuer, the name of primary State, the
name of the secondary State, and the name of the
secondary State, respectively, for the coverage
concerned:
`Notice
`This policy is issued by _____ and is governed by the laws and
regulations of the State of _____. This policy may not be subject to
all of the insurance laws and regulations of the State of _____,
including coverage of some services or benefits mandated by the law of
the State of _____. Before purchasing this policy, you should carefully
review the policy and determine what health care services the policy
covers and what benefits it provides, including any exclusions,
limitations, or conditions for such services or benefits.'; or
``(F) to participate, on a nondiscriminatory basis,
in any insurance insolvency guaranty association to
which a health insurance issuer in the State is
required to belong;
``(2) require any individual health insurance coverage
issued by the issuer to be countersigned by an insurance agent
or broker residing in that Secondary State; or
``(3) otherwise discriminate against the issuer issuing
insurance in both primary and secondary States.
``(c) Scope of Exemptions.--The exemptions specified in subsection
(b) apply to laws, rules, regulations, judgments, agreements, and
orders governing the insurance business pertaining to--
``(1) individual health insurance coverage issued by a
health insurance issuer;
``(2) the offer, sale, and issuance of individual health
insurance coverage to an individual; and
``(3) the provision to an individual in relation to
individual health insurance coverage of--
``(A) insurance related services;
``(B) management, operations, and investment
activities; and
``(C) loss control and claims administration for a
health insurance issuer with respect to liability for
which the issuer provides insurance.
``(d) Licensing of Agents or Brokers for Health Insurance
Issuers.--Any State may require that a person acting, or offering to
act, as an agent or broker for a health insurance issuer with respect
to the offering of individual health insurance coverage obtain a
license from that State, except that a State many not impose any
qualification or requirement which discriminates against a nonresident
agent or broker.
``(e) Documents for Submission to State Insurance Commissioner.--
Each health insurance issuer issuing individual health insurance
coverage in both primary and secondary States shall submit--
``(1) to the insurance commissioner of each State in which
it intends to offer such coverage, before it may offer
individual health insurance coverage in such State--
``(A) a copy of plan of operation or feasability
study (which shall include the name of its primary
State and its principal place of business); and
``(B) written notice of any change in its
designation of its primary State; and
``(2) to the insurance commissioner of each secondary State
in which it offers individual health insurance coverage, a copy
of the issuer's annual financial statement submitted to the
primary State, which statement shall be certified by an
independent public accountant and contain a statement of
opinion on loss and loss adjustment expense reserves made by--
``(A) a member of the American Academy of
Actuaries; or
``(B) a qualified loss reserve specialist.
``(f) Power of Courts to Enjoin Conduct.--Nothing in this section
shall be construed to affect the authority of any Federal or State
court to enjoin--
``(1) the solicitation or sale of individual health
insurance coverage by a health insurance issuer to any person
or group who is not eligible for such insurance; or
``(2) the solicitation or sale of individual health
insurance coverage by, or operation of, a health insurance
issuer that is in hazardous financial condition.
``(g) State Powers to Enforce State Laws.--
``(1) In general.--Subject to the provisions of subsection
(b)(1)(D) (relating to injunctions), nothing in this section
shall be construed to affect the authority of any State to make
use of any of its powers to enforce the laws of such State with
respect to which a health insurance issuer is not exempt under
this section.
``(2) Courts of competent jurisdiction.--If a State seeks
an injunction regarding the conduct described in paragraphs (1)
and (2) of subsection (f), such injunction must be obtained
from a Federal or State court of competent jurisdiction.
``(h) States' Authority to Sue.--Nothing in this section shall
affect the authority of any State to bring action in any Federal or
State court.
``(i) Generally Applicable Laws.--Nothing in this section shall be
construed to affect the applicability of State laws generally
applicable to persons or corporations.
``SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR BEFORE ISSUER MAY
SELL INTO SECONDARY STATES.
``A health insurance issuer may not offer, sell, or issue
individual health insurance coverage in a secondary State if the
primary State does not meet the following requirements:
``(1) The State insurance commissioner must use a risk-
based capital formula for the determination of capital and
surplus requirements for all health insurance issuers that are
not health maintenance organizations (as defined in section
1301(a)). For such health maintenance organizations the State
must have legislative or regulatory capital and surplus
requirements.
``(2) The State must have legislation or regulations in
place establishing an independent review process for
individuals who are covered by individual health insurance
coverage unless the issuer provides an independent review
mechanism functionally equivalent (as determined by the primary
State insurance commissioner or official) to that prescribed in
the `Health Carrier External Review Model Act' of the National
Association of Insurance Commissioners for all individuals who
purchase insurance coverage under the terms of this part.
``SEC. 2798. ENFORCEMENT.
``(a) In General.--Subject to subsection (c), the primary State has
sole jurisdiction to enforce covered laws in primary and secondary
States.
``(b) Failure to Comply With Primary State Law.--In the case of
individual health insurance coverage offered in a secondary State that
fails to comply with covered laws of the primary State, the applicable
State authority of the secondary State shall notify, in writing, the
applicable State authority of the primary State of suspected violations
of the primary State's laws.
``(c) Failure of a Primary State Authority to Take Action.--The
applicable State authority of the secondary State may initiate
regulatory proceedings to enforce the covered laws of the primary State
if the applicable State authority of the primary State--
``(1) does not initiate regulatory or legal proceedings
within 30 days; or
``(2) fails to maintain an active investigation,
negotiation, regulatory, or judicial proceeding for any 30-day
period.
``(d) Failure to Resolve Dispute.--If upon initiating proceedings
under subsection (c), the applicable State authority of the secondary
State is unable to resolve concerns related to suspected violations of
covered laws of the primary State, such applicable secondary State
authority may bring action in a court of appropriate jurisdiction.
``(e) Court Interpretation.--In reviewing action initiated by the
applicable secondary State authority, the court of appropriate
jurisdiction shall apply the covered laws of the primary State.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individual health insurance coverage offered, issued, or sold
after the date of the enactment of this Act.
SEC. 5. SEVERABILITY.
If any provision of the Act or the application of such provision to
any person or circumstance is held to be unconstitutional, the
remainder of this Act and the application of the provisions of such to
any other person or circumstance shall not be affected. | Health Care Choice Act - Amends the Public Health Service Act to provide that the laws of the primary State (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary State and in any secondary State. Exempts health insurance issuers from any State law or regulation that would: (1) regulate the operation of the health insurance issuer in the secondary State, except for certain activities, including paying taxes and registering with the State insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary State; or (3) discriminate against the issuer issuing insurance in both primary and secondary States.
Allows States to require brokers to obtain a license from that State, but not to impose any requirements that discriminate against nonresident brokers.
Requires health insurance issuers offering coverage in more than one State to submit to the insurance commissioner of each State a copy of a plan of operation or a feasibility study, written notice of any change in designation of its primary State, and an annual financial statement.
Declares that this Act does not affect the authority of Federal or State courts to enjoin the sale of health insurance coverage to any person or group who is not eligible for such insurance or by a health insurance issuer that is in hazardous financial conditions.
Sets forth requirements for primary States.
Gives sole jurisdiction to primary States to enforce the covered laws in primary and secondary States. Sets forth procedures for resolving disputes. | To amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage offered in interstate commerce. |
SECTION 1. DETERMINATION OF WORKER CLASSIFICATION.
(a) In General.--Chapter 79 of the Internal Revenue code of 1986 is
amended by adding at the end the following new section:
``SEC. 7706. DETERMINATION OF WORKER CLASSIFICATION.
``(a) In General.--For purposes of this title (and notwithstanding
any provision of this title not contained in this section to the
contrary), if the requirements of subsections (b), (c), and (d) are met
with respect to any service performed by a service provider, then with
respect to such service--
``(1) the service provider shall not be treated as an
employee,
``(2) the service recipient shall not be treated as an
employer,
``(3) any payor shall not be treated as an employer, and
``(4) the compensation paid or received for such service
shall not be treated as paid or received with respect to
employment.
``(b) General Service Provider Requirements.--
``(1) In general.--The requirements of this subsection are
met with respect to any service if the service provider
either--
``(A) meets the requirements of paragraph (2) with
respect to such service, or
``(B) in the case a service provider engaged in the
trade or business of selling (or soliciting the sale
of) goods or services, meets the requirements of
paragraph (3) with respect to such service.
``(2) General requirements.--The requirements of this
paragraph are met with respect to any service if the service
provider, in connection with performing the service--
``(A) either--
``(i) incurs significant unreimbursed
expenses as it relates to total expense, or
``(ii) risks income fluctuations because
remuneration with respect to such service is
not related to the expenses incurred,
``(B) agrees to perform the service for a
particular amount of time, to achieve a specific
result, or to complete a specific task, and
``(C) at least one of the following:
``(i) has an significant unreimbursed
expenses as it relates to total expense in
assets or training,
``(ii) is not required to perform services
exclusively for the service recipient, or
``(iii) has not performed services for the
service recipient as an employee during the 1-
year period ending with the date of the
commencement of services under the contract
described in subsection (d).
``(3) Alternative requirements with respect to sales
persons.--In the case of a service provider engaged in the
trade or business of selling (or soliciting the sale of) goods
or services, the requirements of this paragraph are met with
respect to any service if--
``(A) the service provider is compensated primarily
on a commission basis, and
``(B) substantially all the compensation for such
service is directly related to sales of goods or
services rather than to the number of hours worked to a
certain level or limit of highly compensated
individuals.
``(c) Place of Business or Own Equipment Requirement.--The
requirement of this subsection is met with respect to any service if
the service provider--
``(1) has a principal place of business, which can be home
or mobile-based, or,
``(2) provides the service primarily using equipment for
which the service provider bears the ultimate financial
responsibility.
``(d) Written Contract Requirement.--The requirements of this
subsection are met with respect to any service if such service is
performed pursuant to a written contract between the service provider
and the service recipient (or payor) which meets the following
requirements:
``(1) The contract includes each of the following:
``(A) The service provider's name and address.
``(B) A statement that the service provider will
not be treated as an employee with respect to the
services provided pursuant to the contract for purposes
of this title.
``(C) A statement that the service recipient (or
the payor) will report to the Internal Revenue Service
the compensation payable pursuant to the contract
consistent with the requirements of this title.
``(D) A statement that the service provider is
responsible for payment of Federal, State, and local
taxes, including self-employment taxes, on compensation
payable pursuant to the contract.
``(E) A statement that the contract is intended to
be considered a contract described in this subsection.
``(2) The term of the contract does not exceed 1 year. The
preceding sentence shall not prevent one or more subsequent
written renewals of the contract from satisfying the
requirements of this subsection if the term of each such
renewal does not exceed 1 year and if the information required
under paragraph (1)(A) is updated as needed in connection with
each such renewal.
``(3) The contract (or renewal) is signed by both the
service recipient (or payor) and the service provider not later
than the date on which the aggregate payments made by the
service recipient to the service provider exceeds $600 for the
year covered by the contract (or renewal).
``(e) Reporting Requirements.--If any service recipient or payor
fails to meet the applicable reporting requirements of section 6041(a)
or 6041A(a) for any taxable year with respect to any service provider,
this section shall not apply for purposes of making any determination
with respect to the liability of such service recipient or payor for
any tax with respect to such service provider for such period. For
purposes of the preceding sentence, such reporting requirements shall
be treated as met if the failure to satisfy such requirements is due to
reasonable cause and not willful neglect.
``(f) Exception for Services Provided by Owner.--This section shall
not apply with respect to any service provided by a service provider to
a service recipient if the service provider owns any interest in the
service recipient or any payor with respect to the service provided.
The preceding sentence shall not apply in the case of a service
recipient the stock of which is regularly traded on an established
securities market.
``(g) Limitation on Reclassification by Secretary.--For purposes of
this title--
``(1) Effect of reclassification on service recipients and
payors.--A determination by the Secretary that a service
recipient or a payor should have treated a service provider as
an employee shall be effective with respect to the service
recipient or payor no earlier than the notice date if--
``(A) the service recipient or the payor entered
into a written contract with the service provider which
meets the requirements of subsection (d),
``(B) the service recipient or the payor satisfied
the applicable reporting requirements of section (a) or
6041A(a) for all relevant taxable years with respect to
the service provider, and
``(C) the service recipient or the payor
demonstrates a reasonable basis for having determined
that the service provider should not be treated as an
employee under this section and that such determination
was made in good faith.
``(2) Burden of proof.--
``(A) In general.--If--
``(i) a taxpayer establishes a prima facie
case that it was reasonable not to treat an
individual as an employee for purposes of this
section, and
``(ii) the taxpayer has fully cooperated
with reasonable requests from the Secretary of
the Treasury or his delegate,
then the burden of proof with respect to such treatment
shall be on the Secretary.
``(B) Exception for other reasonable basis.--In the
case of any issue involving whether the taxpayer had a
reasonable basis not to treat an individual as an
employee for purposes of this section, subparagraph (A)
shall only apply for purposes of determining whether
the taxpayer meets the requirements of subparagraph
(A), (B), or (C) of subsection (a)(2).
``(3) Effect of reclassification on service providers.--A
determination by the Secretary that a service provider should
have been treated as an employee shall be effective with
respect to the service provider no earlier than the notice date
if--
``(A) the service provider entered into a written
contract with the service recipient or payor which
meets the requirements of subsection (d),
``(B) the service recipient or payor satisfied the
applicable reporting requirements of sections 6012(a)
and 6017 for all relevant taxable years with respect to
the service provider, or
``(C) the service recipient demonstrates a basis
for determining that the service provider is not an
employee under this section and that such determination
was made in good faith.
``(4) Notice date.--For purposes of this subsection, the
term `notice date' means the 30th day after the earliest of--
``(A) the date on which the first letter of
proposed deficiency which allows the service provider,
the service recipient, or the payor an opportunity for
administrative review in the Internal Revenue Service
Office of Appeals is sent,
``(B) the date on which a deficiency notice under
section 6212 is sent, or
``(C) the date on which a notice of determination
under section 7436(b)(2) is sent.
``(5) No restriction on administrative or judicial
review.--Nothing in this subsection shall be construed as
limiting any provision of law which provides an opportunity for
administrative or judicial review of a determination by the
Secretary.
``(h) Definitions.--For purposes of this section--
``(1) Service provider.--
``(A) In general.--The term `service provider'
means any qualified person who performs service for
another qualified person.
``(B) Qualified person.--The term `qualified
person' means--
``(i) any natural person, or
``(ii) any entity.
``(2) Service recipient.--The term `service recipient'
means the person or entity for whom the service provider
performs such Service pursuant to a written contract.
``(3) Payor.--The term `payor' means any person or entity
who pays the service provider for performing such service.
``(i) Regulations.--Notwithstanding section 530(d) of the Revenue
Act of 1978, the Secretary may issue regulations only to the extent
that the Secretary determines are necessary to carry out the provisions
of this section.
``(j) Rule of Construction.--No provision of this section may be
construed to expand the circumstances under which a service provider
may be treated as an employee or a service recipient may be treated as
an employer.
``(k) Application in Ordinary Course of Trade or Business.--This
section shall apply regardless of whether such service is performed in
the ordinary or related course of a trade or business of the service
recipient.''.
(b) Reporting.--Section 6041A of such Code is amended by adding at
the end the following new subsection:
``(g) Special Rules for Certain Persons Classified as Not
Employees.--In the case of any service recipient required to make a
return under subsection (a) with respect to compensation to which
section 7706(a) applies--
``(1) such return shall include--
``(A) the aggregate amount of such compensation
paid to each person or entity whose name is required to
be included on such return,
``(B) the aggregate amount deducted and withheld
under section 3402(s) with respect to such
compensation, and
``(C) an indication of whether a copy of the
contract described in section 7706(d) is on file with
the service recipient or payor, and
``(2) the statement required to be furnished under
subsection (e) shall include the information described in
paragraph (1) with respect to the service provider to whom such
statement is furnished.
Terms used in this subsection which are also used in section 7706 shall
have the same meaning as when used in such section.''.
(c) Clerical Amendment.--The table of sections for chapter 79 of
such Code is amended by adding at the end the following new item:
``Sec. 7706. Determination of worker classification.''.
(d) Effective Date.--The amendments made by this section shall
apply to services performed after December 31, 2016. | This bill amends the Internal Revenue Code to establish a test for determining if a service provider should be classified as an independent contractor rather than as an employee for tax purposes. If the requirements of the test are met, the provider may not be treated as an employee, the recipient or any payor may not be treated as an employer, and compensation for the service may not be treated as paid or received with respect to employment. The factors of the test include: the relationship between the parties (i.e., the provider incurs expenses or risks income fluctuations; does not work exclusively for a single recipient; performs the service for a particular amount of time, to achieve a specific result, or to complete a specific task; or is a sales person compensated primarily on a commission basis); the place of business or ownership of the equipment (i.e., the provider has a principal place of business, which can be home or mobile-based, or bears financial responsibility for the equipment used to provide the service); and the services are performed under a written contract that meets certain requirements (i.e., specifies that the provider is not an employee, the recipient will satisfy reporting requirements, and that the provider is responsible for taxes on the compensation). The bill also sets forth: (1) reporting requirements for service recipients who meet the requirements of the test, and (2) procedures for the reclassification of employment status by the Internal Revenue Service. | To amend the Internal Revenue Code of 1986 to change the classification of employers and employees for services providers. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Our Heroes Act''.
SEC. 2. ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
a pilot grant program to assess the feasibility and advisability of
awarding grants to eligible entities to purchase and renovate abandoned
homes for homeless veterans.
(b) Grants.--
(1) Award.--In carrying out the pilot program under
subsection (a), the Secretary shall award grants to eligible
entities to purchase and renovate abandoned homes for homeless
veterans.
(2) Maximum amount.--The amount of a single grant awarded
under paragraph (1) shall not exceed $1,000,000.
(3) Number.--The Secretary may award to an eligible entity
more than one grant under paragraph (1).
(c) Eligible Entities.--The Secretary may award a grant under
subsection (b)(1) to any of the following:
(1) A veterans service agency.
(2) A veterans service organization.
(3) Homeless organizations.
(4) Any other nongovernmental organization.
(d) Selection of Grant Recipients.--
(1) Application.--Any eligible entity seeking a grant under
subsection (b)(1) shall submit to the Secretary an application
therefore in such form and in such manner as the Secretary
considers appropriate.
(2) Requirements.--The Secretary may only award grants
under subsection (b)(1) to an eligible entity that
demonstrates, as determined by the Secretary--
(A) a record of financial stability; and
(B) experience in developing housing for homeless
veterans.
(3) Selection priority.--
(A) Communities with greatest need.--Subject to
subparagraph (B), in accordance with regulations the
Secretary shall prescribe, the Secretary shall give
priority in the awarding of grants under subsection
(b)(1) to eligible entities who serve communities that
the Secretary determines have the greatest need of
homeless services.
(B) Geographic distribution.--The Secretary may
give priority in the awarding of grants under
subsection (b)(1) to achieve a fair distribution, as
determined by the Secretary, among homeless veterans in
different geographical regions.
(C) Other agreements.--In awarding a grant under
subsection (b)(1) to an eligible entity in a location
determined pursuant to subparagraphs (A) and (B), the
Secretary shall give preference to eligible entities
that are entered into an agreement with the Secretary
under section 2041 of title 38, United States Code.
(e) Use of Grant Funds.--
(1) Purposes.--A grantee may use amounts of a grant awarded
to the grantee under subsection (b)(1) to purchase or renovate
abandoned homes, including homes that have been foreclosed.
(2) Maximum purchase amount.--The Secretary shall establish
maximum amounts, based on geography, for grants awarded under
subsection (b)(1) that may be used for the purchase of a single
home.
(3) Payment program.--
(A) The United States shall not have any ownership
interest in a home that is purchased by a grantee using
amounts of a grant awarded under subsection (b)(1).
(B) Each grantee shall ensure that, beginning one
year after the date on which a veteran begins to reside
in a home purchased or renovated by the grantee using a
grant awarded under subsection (b)(1), the veteran
makes monthly payments to the grantee in an amount
determined appropriate by the grantee that is not less
than 85 percent of the fair market rent for such home.
(C) Each grantee shall determine whether payments
made by a veteran under subparagraph (B) shall be
treated as rent or as a mortgage for the home for which
the veteran is making such payments. The Secretary, in
coordination with the Secretary of Housing and Urban
Development, shall determine the requirements for such
payments.
(D) Each grantee shall pay to the Secretary of
Veterans Affairs not less than 80 percent of each
payment received under subparagraph (B).
(E) The Secretary may conduct an audit of any
grantee to ensure that the grantee carries out this
paragraph.
(4) Veterans homelessness grant fund.--
(A) There is established in the Treasury a fund to
be known as the ``Veterans Homelessness Grant Fund''
(in this paragraph referred to as the ``Fund'').
(B) The Secretary shall deposit into the Fund the
payments collected by the Secretary under paragraph
(3)(D).
(C) Amounts deposited into the Fund pursuant to
subparagraph (B) shall be available to the Secretary to
carry out the pilot program under subsection (a)
without further appropriation. The Secretary may not
use such amounts from the Fund for any other purpose
unless pursuant to a specific provision of law.
(f) Duration.--The Secretary shall carry out the pilot program
under subsection (a) during the three-year period beginning on the date
of the commencement of the pilot program.
(g) Consultation.--The Secretary may consult with nongovernmental
entities in developing the pilot program under subsection (a).
(h) Annual Reports.--During each year in which the Secretary
carries out the pilot program under subsection (a), the Secretary shall
submit to Congress a report that details, with respect to the year
covered by the report, the number of grants awarded, the amounts so
awarded, the progress of home purchase and renovation made by eligible
entities using such grants, and the number of tenants currently paying
rent towards such homes.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary a total of $25,000,000 to carry out the
pilot program under subsection (a).
(j) Homeless Veteran Defined.--In this section, the term ``homeless
veteran'' means any of the following veterans:
(1) A veteran who is eligible to receive housing, clinical
services, and case management assistance under section 8(o)(19)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)).
(2) A veteran who is receiving--
(A) assistance from, or is the beneficiary of a
service furnished by, a program that is in receipt of a
grant under section 2011 of title 38, United States
Code; or
(B) services for which per diem payment is received
under section 2012 of such title.
(3) A veteran who is--
(A) a beneficiary of the outreach program carried
out under section 2022(e) of such title; or
(B) in receipt of referral or counseling services
from the program carried out under section 2023 of such
title.
(4) A veteran who is receiving a service or assistance
under section 2031 of such title.
(5) A veteran who is residing in therapeutic housing
operated under section 2032 of such title.
(6) A veteran who is receiving domiciliary services under
section 2043 of such title or domiciliary care under section
1710(b) of such title.
(7) A veteran who is receiving supportive services under
section 2044 of such title. | Housing Our Heroes Act This bill directs the Department of Veterans Affairs (VA) to begin a three-year pilot grant program to assess the feasibility of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Eligible entities are veterans service agencies and organizations, homeless organizations, and other nongovernmental organizations that demonstrate a record of financial stability and experience in developing housing for homeless veterans. The VA shall give grant priority to entities that serve communities with the greatest need of homeless services and may give grant priority to achieve geographic grant distribution. The bill establishes the Veterans Homelessness Grant Fund. | Housing Our Heroes Act |
SECTION 1. EXTENSION OF AVAILABILITY OF SCHIP ALLOTMENTS FOR FISCAL
YEARS 1998 THROUGH 2001.
(a) Extending Availability of SCHIP Allotments for Fiscal Years
1998 Through 2001.--
(1) Retained and redistributed allotments for fiscal years 1998
and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of section 2104(g)
of the Social Security Act (42 U.S.C. 1397dd(g)) are each amended
by striking ``fiscal year 2002'' and inserting ``fiscal year
2004''.
(2) Extension and revision of retained and redistributed
allotments for fiscal year 2000.--
(A) Permitting and extending retention of portion of fiscal
year 2000 allotment.--Paragraph (2) of such section 2104(g) is
amended--
(i) in the heading, by striking ``and 1999'' and
inserting ``through 2000''; and
(ii) by adding at the end of subparagraph (A) the
following:
``(iii) Fiscal year 2000 allotment.--Of the amounts
allotted to a State pursuant to this section for fiscal
year 2000 that were not expended by the State by the end of
fiscal year 2002, 50 percent of that amount shall remain
available for expenditure by the State through the end of
fiscal year 2004.''.
(B) Redistributed allotments.--Paragraph (1) of such
section 2104(g) is amended--
(i) in subparagraph (A), by inserting ``or for fiscal
year 2000 by the end of fiscal year 2002,'' after ``fiscal
year 2001,'';
(ii) in subparagraph (A), by striking ``1998 or 1999''
and inserting ``1998, 1999, or 2000'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end of subclause (I),
(II) by striking the period at the end of subclause
(II) and inserting ``; or''; and
(III) by adding at the end the following new
subclause:
``(III) the fiscal year 2000 allotment, the amount
specified in subparagraph (C)(i) (less the total of the
amounts under clause (ii) for such fiscal year),
multiplied by the ratio of the amount specified in
subparagraph (C)(ii) for the State to the amount
specified in subparagraph (C)(iii).'';
(iv) in subparagraph (A)(ii), by striking ``or 1999''
and inserting ``, 1999, or 2000'';
(v) in subparagraph (B), by striking ``with respect to
fiscal year 1998 or 1999'';
(vi) in subparagraph (B)(ii)--
(I) by inserting ``with respect to fiscal year
1998, 1999, or 2000,'' after ``subsection (e),''; and
(II) by striking ``2002'' and inserting ``2004'';
and
(vii) by adding at the end the following new
subparagraph:
``(C) Amounts used in computing redistributions for fiscal
year 2000.--For purposes of subparagraph (A)(i)(III)--
``(i) the amount specified in this clause is the amount
specified in paragraph (2)(B)(i)(I) for fiscal year 2000,
less the total amount remaining available pursuant to
paragraph (2)(A)(iii);
``(ii) the amount specified in this clause for a State
is the amount by which the State's expenditures under this
title in fiscal years 2000, 2001, and 2002 exceed the
State's allotment for fiscal year 2000 under subsection
(b); and
``(iii) the amount specified in this clause is the sum,
for all States entitled to a redistribution under
subparagraph (A) from the allotments for fiscal year 2000,
of the amounts specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is further
amended--
(i) in its heading, by striking ``and 1999'' and
inserting ``, 1999, and 2000''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year 1999'' and
inserting ``, fiscal year 1999, or fiscal year 2000'';
and
(II) by striking ``or November 30, 2001'' and
inserting ``November 30, 2001, or November 30, 2002'',
respectively.
(3) Extension and revision of retained and redistributed
allotments for fiscal year 2001.--
(A) Permitting and extending retention of portion of fiscal
year 2001 allotment.--Paragraph (2) of such section 2104(g), as
amended in paragraph (2)(A)(ii), is further amended--
(i) in the heading, by striking ``2000'' and inserting
``2001''; and
(ii) by adding at the end of subparagraph (A) the
following:
``(iv) Fiscal year 2001 allotment.--Of the amounts
allotted to a State pursuant to this section for fiscal
year 2001 that were not expended by the State by the end of
fiscal year 2003, 50 percent of that amount shall remain
available for expenditure by the State through the end of
fiscal year 2005.''.
(B) Redistributed allotments.--Paragraph (1) of such
section 2104(g), as amended in paragraph (2)(B), is further
amended--
(i) in subparagraph (A), by inserting ``or for fiscal
year 2001 by the end of fiscal year 2003,'' after ``fiscal
year 2002,'';
(ii) in subparagraph (A), by striking ``1999, or 2000''
and inserting ``1999, 2000, or 2001'';
(iii) in subparagraph (A)(i)--
(I) by striking ``or'' at the end of subclause
(II),
(II) by striking the period at the end of subclause
(III) and inserting ``; or''; and
(III) by adding at the end the following new
subclause:
``(IV) the fiscal year 2001 allotment, the amount
specified in subparagraph (D)(i) (less the total of the
amounts under clause (ii) for such fiscal year),
multiplied by the ratio of the amount specified in
subparagraph (D)(ii) for the State to the amount
specified in subparagraph (D)(iii).'';
(iv) in subparagraph (A)(ii), by striking ``or 2000''
and inserting ``2000, or 2001'';
(v) in subparagraph (B)--
(I) by striking ``and'' at the end of clause (ii);
(II) by redesignating clause (iii) as clause (iv);
and
(III) by inserting after clause (ii) the following
new clause:
``(iii) notwithstanding subsection (e), with respect to
fiscal year 2001, shall remain available for expenditure by
the State through the end of fiscal year 2005; and''; and
(vi) by adding at the end the following new
subparagraph:
``(D) Amounts used in computing redistributions for fiscal
year 2001.--For purposes of subparagraph (A)(i)(IV)--
``(i) the amount specified in this clause is the amount
specified in paragraph (2)(B)(i)(I) for fiscal year 2001,
less the total amount remaining available pursuant to
paragraph (2)(A)(iv);
``(ii) the amount specified in this clause for a State
is the amount by which the State's expenditures under this
title in fiscal years 2001, 2002, and 2003 exceed the
State's allotment for fiscal year 2001 under subsection
(b); and
``(iii) the amount specified in this clause is the sum,
for all States entitled to a redistribution under
subparagraph (A) from the allotments for fiscal year 2001,
of the amounts specified in clause (ii).''.
(C) Conforming amendments.--Such section 2104(g) is further
amended--
(i) in its heading, by striking ``and 2000'' and
inserting ``2000, and 2001''; and
(ii) in paragraph (3)--
(I) by striking ``or fiscal year 2000'' and
inserting ``fiscal year 2000, or fiscal year 2001'';
and
(II) by striking ``or November 30, 2002,'' and
inserting ``November 30, 2002, or November 30, 2003,'',
respectively.
(4) Effective date.--This subsection, and the amendments made
by this subsection, shall be effective as if this subsection had
been enacted on September 30, 2002, and amounts under title XXI of
the Social Security Act (42 U.S.C. 1397aa et seq.) from allotments
for fiscal years 1998 through 2000 are available for expenditure on
and after October 1, 2002, under the amendments made by this
subsection as if this subsection had been enacted on September 30,
2002.
(b) Authority for Qualifying States To Use Portion of SCHIP Funds
for Medicaid Expenditures.--Section 2105 of the Social Security Act (42
U.S.C. 1397ee) is amended by adding at the end the following:
``(g) Authority for Qualifying States To Use Certain Funds for
Medicaid Expenditures.--
``(1) State option.--
``(A) In general.--Notwithstanding any other provision of
law, a qualifying State (as defined in paragraph (2)) may elect
to use not more than 20 percent of any allotment under section
2104 for fiscal year 1998, 1999, 2000, or 2001 (insofar as it
is available under subsections (e) and (g) of such section) for
payments under title XIX in accordance with subparagraph (B),
instead of for expenditures under this title.
``(B) Payments to states.--
``(i) In general.--In the case of a qualifying State
that has elected the option described in subparagraph (A),
subject to the availability of funds under such
subparagraph with respect to the State, the Secretary shall
pay the State an amount each quarter equal to the
additional amount that would have been paid to the State
under title XIX with respect to expenditures described in
clause (ii) if the enhanced FMAP (as determined under
subsection (b)) had been substituted for the Federal
medical assistance percentage (as defined in section
1905(b)).
``(ii) Expenditures described.--For purposes of this
subparagraph, the expenditures described in this clause are
expenditures, made after the date of the enactment of this
subsection and during the period in which funds are
available to the qualifying State for use under
subparagraph (A), for medical assistance under title XIX to
individuals who have not attained age 19 and whose family
income exceeds 150 percent of the poverty line.
``(iii) No impact on determination of budget neutrality
for waivers.--In the case of a qualifying State that uses
amounts paid under this subsection for expenditures
described in clause (ii) that are incurred under a waiver
approved for the State, any budget neutrality
determinations with respect to such waiver shall be
determined without regard to such amounts paid.
``(2) Qualifying state.--In this subsection, the term
`qualifying State' means a State that, on and after April 15, 1997,
has an income eligibility standard that is at least 185 percent of
the poverty line with respect to any 1 or more categories of
children (other than infants) who are eligible for medical
assistance under section 1902(a)(10)(A) or, in the case of a State
that has a statewide waiver in effect under section 1115 with
respect to title XIX that was first implemented on July 1, 1995,
has an income eligibility standard under such waiver for children
that is at least 185 percent of the poverty line, or, in the case
of a State that has a statewide waiver in effect under section 1115
with respect to title XIX that was first implemented on January 1,
1994, has an income eligibility standard under such waiver for
children who lack health insurance that is at least 185 percent of
the poverty line.
``(3) Construction.--Nothing in paragraphs (1) and (2) shall be
construed as modifying the requirements applicable to States
implementing State child health plans under this title.''.
SEC. 2. TECHNICAL CORRECTION.
(a) Temporary Increase of the Medicaid FMAP.--Subparagraphs (A) and
(B) of section 401(a)(6) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (Public Law 108-27) are amended to read as
follows:
``(A) In general.--Subject to subparagraph (B), a State is
eligible for an increase in its FMAP under paragraph (3) or an
increase in a cap amount under paragraph (4) for any date after
September 2, 2003, only if the eligibility under its State plan
under title XIX of the Social Security Act (including any
waiver under such title or under section 1115 of such Act (42
U.S.C. 1315)) applied as of such date is no more restrictive
than the eligibility under such plan (or waiver) as in effect
on September 2, 2003.
``(B) State reinstatement of eligibility permitted.--A
State that has restricted eligibility under its State plan
under title XIX of the Social Security Act (including any
waiver under such title or under section 1115 of such Act (42
U.S.C. 1315)) for any date after September 2, 2003, is eligible
for an increase in its FMAP under paragraph (3) or an increase
in a cap amount under paragraph (4) for subsequent dates in
which the State has reinstated eligibility that is no more
restrictive than the eligibility under such plan (or waiver) as
in effect on September 2, 2003.''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as if included in the enactment of section 401 of
the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law
108-27).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the special rule for the redistribution and availability of unexpended FY1998 and 1999 SCHIP allotments, including to: (1) extend the availability of FY 1998 and 1999 reallocated funds through FY 2004; and (2) permit 50 percent of the total amount of unexpended FY 2000 and 2001 SCHIP allotments that remain available to a State through the end of FY 2002 and 2003 to remain available for expenditure by the State through the end of FY 2004 and 2005, respectively. Makes this amendment effective as though it had been enacted on September 30, 2002.
Grants authority to qualifying States, with respect to FY 1998 through 2001 SCHIP allotments, for fiscal years in which such allotments are available, to elect to use not more than 20 percent of them (instead of for expenditures under SCHIP) for Medicaid medical assistance payments with respect to certain children under SSA title XIX.
Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to make a technical amendment with respect to State eligibility for an increase in its Federal medical assistance percentage (FMAP) or an increase in the cap on Medicaid payments to territories. Makes this amendment effective as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003. | To amend title XXI of the Social Security Act to extend the availability of allotments for fiscal years 1998 through 2001 under the State Children's Health Insurance Program, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Centennial Historic District
Authorization Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centennial Historic District in the Commonwealth of
Pennsylvania was the site of an international exhibition to
celebrate the Centennial of the United States in 1876.
(2) On March 3, 1871, an Act of Congress created the United
States Centennial Commission and provided that an Exhibition of
American and foreign arts, products, and manufactures be held
in Philadelphia in 1876.
(3) Held only 11 years after the end of the Civil War, the
Centennial Exhibition was a both a national celebration of
unity and a recognition by the world community that the United
States was emerging as the leading nation in the world.
(4) The Centennial Exhibition displayed 60,000 exhibits
from more than 28 countries around the world in 240 buildings
and hosted nearly 10 million visitors, estimated to be nearly
25 percent of the population of the United States at the time.
It was the first World's Fair to be held in the United States.
(5) The Exhibition became the center of cultural,
technological, economic and geopolitical development in the
United States by demonstrating groundbreaking innovations,
including root beer, the telephone, kindergarten, the
typewriter, the phonograph, and the monorail.
(6) More than 100 American companies who participated in
the Centennial Exhibition are still in business today,
including Bausch and Lomb, John Deere, Campbell's, Heinz, and
Wyeth.
(7) The Centennial Historic District is located in
Fairmount Park, which is listed on the National Register of
Historic Places.
(8) Memorial Hall, a centerpiece of the Centennial
celebration, is a National Historic Landmark and is being
renovated to join other cultural institutions as an anchor for
the Centennial Historic District.
(9) The Centennial Historic District will commemorate the
historic significance of the Centennial celebration in our
Nation's history.
SEC. 3. DEFINITIONS.
In this Act:
(1) Historic district.--The term ``historic district''
means the Centennial Historic District established by section
4.
(2) Management plan.--The term ``management plan'' means
the management plan described in section 5(b).
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of the Interior; or
(B) the head of any Federal agency to which funds
are appropriated to carry out this Act.
SEC. 4. CENTENNIAL HISTORIC DISTRICT.
(a) Establishment.--There is established the Centennial Historic
District in the city of Philadelphia, Pennsylvania.
(b) Boundaries.--The boundaries of the historic district shall be
as depicted on the map titled ``Fairmount Park's Proposed Centennial
Authorization Boundary'', numbered A, and dated December 2007. The map
shall be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 5. ADMINISTRATION OF CENTENNIAL HISTORIC DISTRICT.
(a) In General.--The Secretary may make grants to, and enter into
cooperative agreements with, any State or local government agencies,
any nonprofit entities designated by the Secretary to operate the
historic district, or any leaseholders for--
(1) the preparation of the management plan; and
(2) the implementation of projects approved by the
Secretary under the management plan.
(b) Management Plan.--
(1) In general.--The Secretary shall prepare a plan for the
development of historic, architectural, natural, cultural,
recreational, and interpretive resources within the historic
district.
(2) Requirements.--The management plan shall include--
(A) an evaluation of--
(i) the condition of historic and
architectural resources in the historic
district; and
(ii) the environmental conditions in the
historic district; and
(B) recommendations for--
(i) rehabilitating, reconstructing, and
adaptively reusing the historic and
architectural resources evaluated under
subparagraph (A)(i);
(ii) preserving viewsheds, focal points,
and streetscapes in the historic district;
(iii) establishing gateways to the historic
district;
(iv) establishing and maintaining parks and
public spaces in the historic district;
(v) developing public parking areas in the
historic district;
(vi) improving pedestrian and vehicular
circulation in the historic district; and
(vii) improving security in the historic
district.
(3) Restoration, maintenance, and interpretation.--
(A) Cooperative agreements.--For projects
recommended in the management plan, the Secretary may
enter into cooperative agreements with the city of
Philadelphia, agents of the city, and designated
partners to--
(i) provide technical assistance with
respect to the preservation and interpretation
of properties within the historic district; and
(ii) mark, improve, restore, and provide
interpretation of properties within the
historic district.
(B) Contents.--A cooperative agreement under
subparagraph (A) shall ensure that--
(i) the Secretary has a right of access at
reasonable times to public portions of the
historic district for interpretive and other
purposes; and
(ii) no change or alteration shall be made
in the property except with the agreement of
the property owner, the Secretary, and any
Federal agency that may have regulatory
jurisdiction over the property.
(c) Capital Projects.--
(1) In general.--The Secretary shall, to the extent funds
are available, make grants for capital improvements in the
historic district.
(2) Application.--To be eligible for a grant under this
subsection, an entity shall submit to the Secretary an
application that includes information concerning how the
proposed capital project will improve the historic district.
(3) Considerations.--In making grants under this
subsection, the Secretary shall--
(A) consider the cost and benefit of the proposed
capital project; and
(B) give priority to proposed capital projects--
(i) providing gateways to, and signage for,
the historic district;
(ii) improving historical monuments in the
historic district;
(iii) maintaining public parks and spaces
in the historic district;
(iv) establishing a trail in the historic
district;
(v) maintaining and improving the lake in
the historic district;
(vi) improving the streetscape, including
lighting, of the Girard Gateway;
(vii) improving pedestrian and vehicular
traffic circulation and parking at the western
end of the Centennial Exhibition grounds; or
(viii) restoring Memorial Hall.
(4) Matching funds.--To be eligible for a grant under this
subsection, the recipient shall provide matching, non-Federal
funds in an amount equal to not less than 20 percent of the
total amount of the grant.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$45,000,000 for fiscal years 2009 through 2013. Of the amount
appropriated pursuant to this section, the Secretary shall obligate not
more than 12 percent for planning and technical assistance. | Centennial District Authorization Act of 2008 - Establishes in the City of Philadelphia, Pennsylvania, the Centennial Historic District (District).
Authorizes the Secretary of the Interior to make grants to, or enter into cooperative agreements with, state or local government agencies, nonprofit entities, and any leaseholders to administer the District. Directs the Secretary to: (1) prepare a plan for the development of historic, architectural, natural, cultural, recreational, and interpretive resources within the District; and (2) make grants for capital improvement projects in the District. | To establish the Centennial Historic District in Philadelphia, Pennsylvania, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repetitive Flood Loss Reduction Act
of 2001''.
SEC. 2. REPETITIVE FLOOD LOSS REDUCTION.
Chapter III of the National Flood Insurance Act of 1968 is
amended--
(1) by amending section 1370(a)(2) (42 U.S.C. 4121(a)(2))
to read as follows:
``(2) the terms `United States' (when used in a geographic
sense) and `State' mean the several States and the District of
Columbia;''; and
(2) by adding after section 1367 (42 U.S.C. 4104d) the
following new section:
``SEC. 1368. REPETITIVE FLOOD LOSS REDUCTION.
``(a) Program.--The Director shall carry out a program to mitigate
repetitive flood losses to structures--
``(1) by purchasing structures in accordance with
subsection (f); and
``(2) by making grants to States, communities, and local
flood management agencies for eligible mitigation activities
described in subsection (c) that the Director determines--
``(A) have been proposed by the State, community,
or local flood management agency applying for the grant
to reduce repetitive flood losses pursuant to an
evaluation and analysis (by the State, community, or
local flood management agency) of flood risk and
multiple flood claim structures;
``(B) are likely to provide protection against
flood losses or substantially reduce damage to
structures covered by contracts for flood insurance
available under this title;
``(C) are cost-effective to the National Flood
Insurance Fund;
``(D) are technically feasible and cost-effective;
and
``(E) are consistent with other criteria that are
established by the Director to carry out the purposes
of this section.
``(b) Limitation on Grant Amounts.--The Director shall purchase
structures and make grants under this section to the extent amounts are
available pursuant to appropriation Acts, subject only to the absence
of approvable applications for such grants or of willing sellers of
appropriate structures.
``(c) Eligible Mitigation Activities.--A grant made under this
section may be used only for eligible mitigation activities that are
proposed in the application for the grant and that are described as
follows:
``(1) Elevation, relocation, demolition, or floodproofing
of structures (including public structures) located in areas
having special flood hazards or other areas of flood risk.
``(2) Minor physical mitigation efforts that do not
duplicate the flood prevention activities of other Federal
agencies, States, communities, or local flood management
agencies and that lessen the frequency or severity of flooding
and decrease predicted flood damages, which shall not include
major flood control projects such as dikes, levees, seawalls,
groins, and jetties unless the Director specifically determines
in approving a mitigation project that such projects are the
most cost-effective mitigation activities for protecting the
National Flood Insurance Fund.
``(3) Other mitigation activities that the Director
considers appropriate and specifies in regulations.
``(d) Application for Grant.--
``(1) In general.--To be eligible for a grant under this
section, a State, community, or local flood management agency
shall submit an application for such grant which contains--
``(A) a description of the mitigation activities
for which the grant is requested;
``(B) a description of the structures that the
mitigation activities will protect;
``(C) a statement of the aggregate amount of
payments made under the flood insurance program under
this title pursuant to insurance claims for structures described
pursuant to subparagraph (C);
``(D) information sufficient to demonstrate that
the mitigation activities are eligible under subsection
(c); and
``(E) any other information the Director may
reasonably require.
``(2) Time for approval or rejection.--The Director shall
approve or reject an application for a grant under this
subsection not later than 30 days after receiving such
application.
``(e) Matching Requirement.--The Director shall not provide a grant
under this section in an amount exceeding 75 percent of the total cost
of the mitigation activities to be financed using such grant. The
Director shall not provide grants under this section for any mitigation
activities unless the State, community, or local flood management
agency that receives the grant certifies, as the Director shall
require, that at least 25 percent of the total cost of such mitigation
activities will be provided from non-Federal sources.
``(f) Purchase of Repetitive Substantial Flood Loss Structures.--
``(1) Offer to purchase.--Upon determining that an insured
structure is a repetitive substantial flood loss structure, the
Director shall offer to purchase the structure at a price not
greater than 125 percent of the fair market value of the
structure at the time of the offer. Any such offer shall
explicitly state that the offer is contingent upon the
availability of amounts under subsections (j) and (k) for such
purchase. Any such offer shall be held open, and shall not be
revocable, during the period that the structure is covered by
flood insurance under this title.
``(2) Acceptance of offer.--If an owner of a repetitive
substantial flood loss structure accepts an offer to purchase
the structure made under paragraph (1), the Director shall
purchase the structure, if amounts are available pursuant to
subsections (j) and (k). The Director may request that the
State or the a local flood management agency that has
jurisdiction with respect to the area in which the structure is
located coordinate and carry out the purchase for the Director
under the terms of the offer.
``(3) Increased premiums for refusal of offer.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) during the period
after the offer is made having such duration as the Director
shall establish, thereafter the chargeable premium rate with
respect to the structure shall be an amount equal to 150
percent of the chargeable rate for the structure at the time
that the offer was made (as adjusted by any other premium
adjustments otherwise applicable to the structure), except as
provided in paragraph (5), and the deductible in connection
with insurance provided under this title shall increase by
$5,000 more than the deductible on such insurance at the time
that such offer was made.
``(4) Notice of continued offer.--Upon each renewal or
modification of any flood insurance coverage under this title
for a repetitive substantial flood loss structure, the Director
shall notify the owner that the offer made pursuant to
paragraph (1) is still open.
``(5) Increased premiums upon subsequent flood damage.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) and subsequently a
flood event causes substantial damage to the structure after
such event, the chargeable premium rate with respect to the
structure shall be an amount equal to 150 percent of the
chargeable rate for the structure at the time of the event, as
adjusted by any other premium adjustments otherwise applicable
to the structure and any subsequent increases pursuant to this
paragraph, and the deductible in connection with insurance
provided under this title shall increase by $5,000 more than
the deductible on such insurance at the time of the event.
``(6) List of structures.--The Director, in consultation
with regional flood plain administrators, shall develop and
periodically update a list of repetitive substantial flood loss
structures.
``(7) Deposit of revenues.--All amounts collected from
payment of deductible and premium increases pursuant to this
subsection shall be deposited into the Repetitive Flood Loss
Reduction Fund created by subsection (j).
``(g) Disposition of Acquired Structures.--
``(1) In general.--As soon as practicable after acquisition
of a structure under this section, the Director shall offer to
transfer the structure to the local flood management agency
that has jurisdiction with respect to the area in which the
structure is located. If such a local flood management agency
does not exists or refuses such offer, the Director shall offer to
transfer the structure to the State within whose boundaries such
structure is located.
``(2) Terms and conditions.--If an offer to transfer a
structure made pursuant to paragraph (1) is accepted, the
Director shall make such transfer without compensation and upon
such other terms and conditions as the Director considers
necessary to protect the interests of the United States.
``(h) Oversight of Mitigation Activities.--The Director shall
conduct oversight of recipients of grants under this section to ensure
that the grant is used in compliance with approved mitigation
activities and that matching funds certified under subsection (e) are
used in accordance with such certification.
``(i) Recapture.--If the Director determines that a State,
community, or local flood management agency that has received a grant
under this section has not carried out the mitigation activities as set
forth in the mitigation activity, the Director shall recapture such
amounts and deposit the amounts in the Repetitive Flood Loss Reduction
Fund created by subsection (j).
``(j) Repetitive Flood Loss Reduction Fund.--There is hereby
created within the Treasury a fund which shall be known as the
`Repetitive Flood Loss Reduction Fund'. Amounts deposited into the
Repetitive Flood Loss Reduction Fund shall be available to the Director
to carry out this section to the extent provided by appropriation Acts.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Director $100,000,000 for fiscal year 2002 to carry out
this section, and such amounts shall remain available until
expended.
``(2) Division of funds.--Of the amounts appropriated to
carry out this section, 90 percent shall be used for
acquisitions under subsection (a)(1) and 10 percent shall be
used for grants under subsection (a)(2).
``(l) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Community.--The term `community' has the meaning
given that term in section 1366(k).
``(2) Repetitive substantial flood loss structure.--The
term `repetitive substantial flood loss structure' means a
structure covered by a contract for flood insurance under this
title that has incurred flood-related damage on 3 or more
occasions in which the cumulative cost of repairs is equal to
or greater than 125 percent of the fair market value of the
structure.''. | Repetitive Flood Loss Reduction Act of 2001 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to carry out a program to mitigate repetitive flood losses to structures by: (1) purchasing structures; and (2) making grants to States, communities, and local flood management agencies for eligible mitigation activities.Requires the Director: (1) upon determining that an insured structure is a repetitive substantial flood loss structure, to offer to purchase the structure at not greater than 125 percent of its fair market value; (2) to purchase such structure if such owner accepts the offer and funds are available; and (3) after acquisition, to offer to transfer the structure to the local flood management agency with jurisdiction or, if there is no such agency or it refuses the offer, to the State in which such structure is located. Requires specified increases in the flood insurance premium and the deductible for any structure whose owner does not accept such a purchase offer and for such structure upon subsequent flood damage.Establishes within the Treasury the Repetitive Flood Loss Reduction Fund into which payments of deductibles and premium increases shall be deposited and which shall be available to carry out this Act.Requires the Director to: (1) maintain a list of repetitive substantial flood loss structures; (2) conduct oversight to ensure that grants and matching funds are used in compliance with approved mitigation activities; and (3) recapture and deposit in the Fund amounts from flood management agencies that have received a grant but have not carried out mitigation activities. | To amend the National Flood Insurance Act of 1968 to reduce losses caused by repetitive flooding, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``CBP Hiring and Retention Act of
2016'' or the ``CBP HiRe Act''.
SEC. 2. RETENTION INCENTIVES.
(a) In General.--Chapter 97 of title 5, United States Code, is
amended by adding at the end the following:
``Sec. 9702. U.S. Customs and Border Protection retention incentives
``(a) Definitions.--In this section--
``(1) the term `bonus percentage rate' means the bonus
percentage rate for a covered CBP employee established in
accordance with subsection (d);
``(2) the term `covered CBP employee' means an employee of
U.S. Customs and Border Protection performing activities that
are critical to border security, as determined by the
Secretary; and
``(3) the term `Secretary' means the Secretary of Homeland
Security.
``(b) Authority.--The Secretary may pay a retention bonus to a
covered CBP employee if the Secretary determines that, in the absence
of a retention bonus, the covered CBP employee would be likely to
leave--
``(1) Federal service; or
``(2) for a different position in the Federal service,
including a position in another agency or component of the
Department of Homeland Security.
``(c) Written Agreement.--
``(1) In general.--Payment of a retention bonus under this
section is contingent upon the covered CBP employee entering
into a written service agreement with U.S. Customs and Border
Protection to complete a period of employment with U.S. Customs
and Border Protection.
``(2) Terms and conditions.--A written agreement under this
section shall include--
``(A) the length of the required service period;
``(B) the amount of the bonus;
``(C) the method of payment;
``(D) other terms and conditions under which the
bonus is payable, subject to the requirements of this
section and regulations of the Secretary, which shall
include--
``(i) the conditions under which the
agreement may be terminated before the agreed-
upon service period has been completed; and
``(ii) the effect of the termination.
``(d) Amount.--A retention bonus under this section--
``(1) shall be stated as a percentage of the basic pay of
the covered CBP employee for the service period associated with
the bonus; and
``(2) may not exceed 25 percent of the basic pay of the
covered CBP employee.
``(e) Form of Payment.--
``(1) In general.--A retention bonus may be paid to a
covered CBP employee in installments after completion of
specified periods of service or in a single lump sum at the end
of the full period of service required by the written service
agreement.
``(2) Installment payments.--
``(A) Calculation of installments.--An installment
payment is derived by multiplying the amount of basic
pay earned in the installment period by a percentage
not to exceed the bonus percentage rate established for
the covered CBP employee.
``(B) Lump sum final payment.--If the installment
payment percentage established for the covered CBP
employee under subparagraph (A) is less than the bonus
percentage rate established for the covered CBP
employee, the accrued but unpaid portion of the bonus
is payable as part of the final installment payment to
the covered CBP employee after completion of the full
service period under the terms of the written service
agreement.
``(f) Exclusion From Basic Pay.--A retention bonus under this
section is not part of the basic pay of an employee for any purpose.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 97 of title 5, United States Code, is amended by adding at the
end the following:
``9702. U.S. Customs and Border Protection retention incentives.''.
SEC. 3. PILOT PROGRAMS FOR U.S. CUSTOMS AND BORDER PROTECTION.
(a) Definitions.--In this section--
(1) the term ``covered area'' means a geographic area that
the Secretary determines--
(A) is in a remote location; or
(B) is an area for which it is difficult to find
employees willing to accept the area as a permanent
duty station;
(2) the term ``covered CBP employee'' has the meaning given
that term in section 9702 of title 5, United States Code, as
added by section 2;
(3) the term ``Department'' means the Department of
Homeland Security; and
(4) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Special Rates of Pay.--
(1) Authority.--The Secretary may establish one or more
special rates of pay for covered CBP employees whose permanent
duty station is located in a covered area.
(2) Maximum amount.--A special rate of pay established
under this subsection may not provide a rate of basic pay for
any covered CBP employee that exceeds 125 percent of the
otherwise applicable rate of basic pay for the covered CBP
employee.
(3) Sunset.--
(A) In general.--Subject to subparagraph (B), on
and after the first day of the first pay period that
begins more than 2 years after the date of enactment of
this Act, the Secretary may not pay a covered CBP
employee under a special rate of pay established under
this subsection.
(B) Extension.--If the Secretary determines the
program of special rates of pay under this subsection
is performing satisfactorily, the Secretary may extend
the period during which the Secretary may pay covered
CBP employees under such special rates of pay through
the day before the first pay period that begins more
than 4 years after the date of enactment of this Act.
(4) Savings provision.--For any covered CBP employee being
paid at a special rate of pay established under this subsection
on the day before the date the pilot program terminates under
paragraph (3), effective on the date the pilot program
terminates under paragraph (3) the rate of pay for the covered
CBP employee shall be the rate of pay that would have been in
effect for the covered CBP employee had this section never been
enacted, including any periodic step-increase or other
adjustment that would have taken effect if the covered CBP
employee had not been paid at a special rate of pay.
(c) Limitation on Use of Polygraphs.--
(1) In general.--Subject to paragraph (2), during the 1-
year period beginning on the date of enactment of this Act, if
an applicant for a position in U.S. Customs and Border
Protection does not successfully complete a polygraph
examination required for appointment to that position--
(A) U.S. Customs and Border Protection may not
disclose the results of the polygraph examination to
any other Federal agency or any other agency or
component of the Department; and
(B) another Federal agency or another agency or
component of the Department may not use the results of
the polygraph examination, in whole or in part, in
determining whether to appoint the individual to a
position in the agency or component.
(2) Extension.--If the Secretary determines that the
limitation on the use of polygraphs under paragraph (1) is
performing satisfactorily, the Secretary may extend the
limitation until the end of the 2-year period beginning on the
date of enactment of this Act.
(3) Disclosures.--
(A) In general.--The Secretary shall provide each
applicant for a position in U.S. Customs and Border
Protection who will be required to successfully
complete a polygraph examination before appointment to
the position a list of actions or conduct of, or events
relating to, the applicant that could disqualify the
applicant from being appointed to the position.
(B) List requirements.--When providing the list
required under subparagraph (A), the Secretary shall--
(i) provide applicants as complete a list
as is possible of potential disqualifying
actions, conduct, or events; and
(ii) clearly inform all applicants that the
list provided under subparagraph (A) does not
constitute the complete list of potential
disqualifying actions, conduct, or events.
(4) Use of polygraphs.--Paragraph (1) shall not--
(A) restrict the authority of U.S. Customs and
Border Protection to report or refer an admission of
criminal activity made by an applicant during a
polygraph examination;
(B) limit the authority of U.S. Customs and Border
Protection to use the results of a polygraph
examination administered as a requirement for
appointment to a position in U.S. Customs and Border
Protection, in whole or in part, in determining whether
to appoint the individual to the position; or
(C) limit the authority of another Federal agency
or another agency or component of the Department to use
the results of a polygraph examination administered to
an individual by a Federal agency other than U.S.
Customs and Border Protection, in whole or in part, in
determining whether to appoint the individual to a
position in the agency or component. | CBP Hiring and Retention Act of 2016 or the CBP HiRe Act This bill authorizes the Department of Homeland Security (DHS) to pay a retention bonus to U.S. Customs and Border Protection (CBP) employees performing activities that are critical to border security upon determining that such an employee would otherwise likely leave federal service or leave for a different position. A retention bonus service agreement shall include the length of required service and the amount and method of payment of the bonus. DHS may pay a special rate of pay (up to 125% of basic pay) to such CBP employees whose permanent duty stations are located in remote locations or other geographic areas for which finding employees is difficult. Such special pay authority terminates after two years but may be extended for another two years. If an applicant for a CBP position does not successfully complete a required polygraph examination, the CBP may not disclose the polygraph results to any other federal agency or DHS component and such other agency or component may not use the results in determining whether to appoint such individual. Such limitations terminate after one year but may be extended for another year. DHS shall provide each CBP applicant who will be required to successfully complete a polygraph examination before his or her appointment a list of disqualifying actions or conduct of, or events relating to, the applicant. | CBP HiRe Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Critical Infrastructures Protection
Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Information revolution has transformed the conduct
of business and the operations of government as well as the
infrastructure relied upon for the defense and national
security of the United States.
(2) Private business, government, and the national security
apparatus increasingly depend on an interdependent network of
critical physical and information infrastructures, including
telecommunications, energy, financial services, water, and
transportation sectors.
(3) A continuous national effort is required to ensure the
reliable provision of cyber and physical infrastructure
services critical to maintaining the national defense,
continuity of government, economic prosperity, and quality of
life in the United States.
(4) This national effort requires extensive modeling and
analytic capabilities for purposes of evaluating appropriate
mechanisms to ensure the stability of these complex and
interdependent systems, and to underpin policy recommendations,
so as to achieve the continuous viability and adequate
protection of the critical infrastructure of the nation.
SEC. 3. POLICY OF THE UNITED STATES.
It is the policy of the United States--
(1) that any physical or virtual disruption of the
operation of the critical infrastructures of the United States
be rare, brief, geographically limited in effect, manageable,
and minimally detrimental to the economy, essential human and
government services, and national security of the United
States;
(2) that actions necessary to achieve the policy stated in
paragraph (1) be carried out in a public-private partnership
involving corporate and non-governmental organizations; and
(3) to have in place a comprehensive and effective program
to ensure the continuity of essential Federal Government
functions under all circumstances.
SEC. 4. ESTABLISHMENT OF NATIONAL COMPETENCE FOR CRITICAL
INFRASTRUCTURE PROTECTION.
(a) Support of Critical Infrastructure Protection and Continuity by
National Infrastructure Simulation and Analysis Center.--
(1) In general.--The National Infrastructure Simulation and
Analysis Center (NISAC) shall provide support for the
activities of the President's Critical Infrastructure
Protection and Continuity Board under Executive Order ____.
(2) Particular support.--The support provided for the Board
under paragraph (1) shall include the following:
(A) Modeling, simulation, and analysis of the
systems comprising critical infrastructures, including
cyber infrastructure, telecommunications
infrastructure, and physical infrastructure, in order
to enhance understanding of the large-scale complexity
of such systems and to facilitate modification of such
systems to mitigate the threats to such systems and to
critical infrastructures generally.
(B) Acquisition from State and local governments
and the private sector of data necessary to create and
maintain models of such systems and of critical
infrastructures generally.
(C) Utilization of modeling, simulation, and
analysis under subparagraph (A) to provide education
and training to members of the Board, and other
policymakers, on matters relating to--
(i) the analysis conducted under that
subparagraph;
(ii) the implications of unintended or
unintentional disturbances to critical
infrastructures; and
(iii) responses to incidents or crises
involving critical infrastructures, including
the continuity of government and private sector
activities through and after such incidents or
crises.
(D) Utilization of modeling, simulation, and
analysis under subparagraph (A) to provide
recommendations to members of the Board and other
policymakers, and to departments and agencies of the
Federal Government and private sector persons and
entities upon request, regarding means of enhancing the
stability of, and preserving, critical infrastructures.
(3) Recipient of certain support.--Modeling, simulation,
and analysis provided under this subsection to the Board shall
be provided, in particular, to the Infrastructure
Interdependencies committee of the Board under section 9(c)(8)
of the Executive Order referred to in paragraph (1).
(b) Activities of President's Critical Infrastructure Protection
and Continuity Board.--The Board shall provide to the Center
appropriate information on the critical infrastructure requirements of
each Federal agency for purposes of facilitating the provision of
support by the Center for the Board under subsection (a).
SEC. 5. CRITICAL INFRASTRUCTURE DEFINED.
In this Act, the term ``critical infrastructure'' means systems and
assets, whether physical or virtual, so vital to the United States that
the incapacity or destruction of such systems and assets would have a
debilitating impact on national security, national economic security,
national public health or safety, or any combination of those matters.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized for the Department of Defense for fiscal
year 2002, $8,000,000 for the Defense Threat Reduction Agency for
activities of the National Infrastructure Simulation and Analysis
Center under section 4 in that fiscal year. | Critical Infrastructures Protection Act of 2001- Directs the National Infrastructure Simulation and Analysis Center (NISAC) to provide: (1) support for the activities of the President's Critical Infrastructure Protection and Continuity Board; and (2) modeling, simulation, and analysis of any systems (cyber and/or physical) comprising critical infrastructures to gain an increased understanding of their complexity, to facilitate modification to mitigate threats to such systems, to provide training to members of the Board, and to enhance the stability of critical infrastructures. Requires the Board to provide to the Center information on the critical infrastructure requirements of each Federal agency. | A bill to establish a national competence for critical infrastructure protection, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Security Officer Screening
Improvement Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Integrated Automated Fingerprint Identification
System of the Federal Bureau of Investigation maintains
fingerprints and criminal history records on more than
71,000,000 individuals.
(2) Congress has worked with the States to make criminal
history background checks available to employers of private
security officers through the Private Security Officer
Employment Authorization Act of 2004 (28 U.S.C. 534 note) and
statutes enacted by dozens of States in compliance with Public
Law 92-544. However, there are still numerous persons employed
as private security officers, entrusted to safeguard and
protect people and property, who do not undergo criminal
history background checks authorized by Federal and State law.
SEC. 3. BACKGROUND CHECKS.
The National Child Protection Act of 1993 (42 U.S.C. 5119 et seq.)
is amended--
(1) by redesignating section 5 as section 6; and
(2) by inserting after section 4 the following:
``SEC. 5. PROGRAM FOR NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS.
``(a) Definitions.--In this section--
``(1) the term `covered entity' means any person that
employs a private security officer;
``(2) the term `covered individual' means an individual who
is employed or applying for employment as a private security
officer;
``(3) the term `criminal history review designee' means the
entity, if any, designated by the Attorney General under
subsection (b)(3) to carry out the criminal history review
program;
``(4) the term `criminal history review program' means the
program established under subsection (d);
``(5) the term `qualified State program' means a program of
a State authorized agency that provides access to national
criminal history background checks, as authorized by Federal or
State law;
``(6) the term `private security officer' has the meaning
given the term in subsection (c)(3) of the Private Security
Officer Employment Authorization Act of 2004 (28 U.S.C. 534
note); and
``(7) the term `State' means a State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
American Samoa, the Virgin Islands, Guam, the Commonwealth of
the Northern Mariana Islands, the Federated States of
Micronesia, the Republic of the Marshall Islands, and the
Republic of Palau.
``(b) Establishment of Program.--
``(1) Purpose.--The purpose of this subsection is to
facilitate widespread access to State and national criminal
history background checks, not otherwise authorized by Federal
or State law, on private security officers and prospective
private security officers.
``(2) Establishment.--Not later than 1 year after the date
of enactment of the Security Officer Screening Improvement Act
of 2016, the Attorney General shall establish--
``(A) policies and procedures to carry out the
duties described in subsection (c); and
``(B) a criminal history review program in
accordance with subsection (d).
``(3) Designees.--The Attorney General may designate one or
more entities to carry out the duties described in subsection
(c) or (d).
``(c) Access to State and National Background Checks.--
``(1) Duties.--The Attorney General shall--
``(A) inform covered entities about how to request
State and national background checks--
``(i) for covered entities located in a
State with a qualified State program, by
referring the covered entity to the State
authorized agency; or
``(ii) for covered entities located in a
State without a qualified State program, by
providing information on alternative methods of
obtaining a State and national background
check;
``(B) complete a check of the national criminal
history background check system upon request from a
covered entity; and
``(C) provide information received in response to
such national criminal history background check to the
criminal history review designee, if any.
``(2) Required information.--A request for a State and
national criminal history background check shall include--
``(A) the fingerprints of the covered individual;
``(B) other documents required by State law for a
State criminal history background check; and
``(C) the appropriate fee.
``(3) Fees.--The Attorney General shall, in addition to the
fee for the non-criminal justice, non-law enforcement national
criminal history background check authorized under title II of
the Department of Justice Appropriations Act, 1991 under the
heading `salaries and expenses' under the heading `Federal
Bureau of Investigation' (Public Law 101-105; 28 U.S.C. 534
note)--
``(A) collect a fee to offset the costs of carrying
out the duties described in subsection (d), in an
amount equal to the cost of conducting the criminal
history review; and
``(B) remit such fee to the Federal Bureau of
Investigation.
``(d) Criminal History Review Program.--
``(1) Purpose.--The purpose of this subsection is to
provide covered entities with reliable and accurate information
regarding the fitness of covered individuals for performing
security services.
``(2) Requirements.--The Attorney General shall--
``(A) establish procedures to securely receive
criminal history records;
``(B) make determinations regarding whether the
criminal history records received in response to a
criminal history background check conducted under this
section indicate that the covered individual has a
criminal history that may bear on the covered
individual's fitness to perform security services; and
``(C) convey to the covered entity that submitted
the request for a State and national criminal history
background check--
``(i) the fitness and suitability of the
covered individual based solely on the criteria
described in paragraph (3); and
``(ii) that the covered entity should
consult the Equal Employment Opportunity
Commission Enforcement Guidance #915.002, dated
April 25, 2012, `Consideration of Arrest and
Conviction Records in Employment Decisions
under Title VII of the Civil Rights Act of
1964', or any successor thereto issued by the
Equal Employment Opportunity Commission.
``(3) Criminal history review criteria.--In determining
whether a criminal history record indicates that a covered
individual has a criminal history that may bear on the fitness
of the covered individual to perform security services, the
Attorney General shall employ the criteria used to evaluate
individuals under the Private Security Officer Employment
Authorization Act of 2004 (28 U.S.C. 534 note).
``(4) Application processing.--
``(A) In general.--The Attorney General shall
establish the process by which a covered entity in a
State without a qualified State program may obtain a
State and national criminal history background check.
``(B) Challenge to completeness of record.--A
covered individual may challenge the completeness of
any information in the criminal history record of the
individual by contacting the Federal Bureau of
Investigation under the procedure set out in section
16.34 of title 28, Code of Federal Regulations, or any
successor thereto.
``(5) Participation in program.--The Attorney General shall
determine whether an entity is a covered entity.
``(6) Privacy of information.--
``(A) In general.--Any entity authorized to receive
or transmit fingerprints or criminal history records
under this section--
``(i) shall use the fingerprints, criminal
history records, or information in the criminal
history records only for the purposes
specifically set forth in this section; and
``(ii) shall maintain adequate security
measures to ensure the confidentiality of the
fingerprints, the criminal history records, and
the information in the criminal history
records.
``(B) Retention of fingerprints by the fbi.--In
accordance with State or Federal procedures, for the
purpose of providing fingerprint verification, criminal
investigation, or subsequent hit notification services,
or for the retention of criminal history, the Federal
Bureau of Investigation may retain any fingerprints
submitted to the Federal Bureau of Investigation under
this section.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to change or replace any background check
program authorized by Federal or State law on the day before
the date of enactment of the Security Officer Screening
Improvement Act of 2016.''. | Security Officer Screening Improvement Act of 2016 This bill amends the National Child Protection Act of 1993 to direct the Department of Justice to: (1) establish policies and procedures to streamline the process of obtaining state and national criminal history background checks on private security officers, and (2) establish a criminal history review program to provide covered entities with reliable and accurate information on the criminal history of a private security officer. It defines "covered entity" as any person who employs a private security officer. | Security Officer Screening Improvement Act of 2016 |
TITLE I--HOUSING OPPORTUNITIES MADE EASIER
SEC. 101. EXEMPTION FROM TRUTH IN LENDING ACT.
Section 129E(i) of the Truth in Lending Act (15 U.S.C. 1639e(i)) is
amended by adding at the end the following:
``(4) Rule of construction related to appraisal
donations.--For purposes of paragraph (1), if a fee appraiser
voluntarily donates appraisal services to an organization
described in section 170(c)(2) of the Internal Revenue Code of
1986, such voluntary donation shall be deemed customary and
reasonable.''.
TITLE II--EXPANDING ACCESS TO CAPITAL FOR RURAL JOB CREATORS
SEC. 201. ACCESS TO CAPITAL FOR RURAL-AREA SMALL BUSINESSES.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended--
(1) in subsection (j)(4)(C), by striking ``and women-owned
small businesses'' and inserting ``, women-owned, and rural-
area small businesses''; and
(2) in subsection (j)(6)(B)(iii), by striking ``and women-
owned small businesses'' and inserting ``, women-owned, and
rural-area small businesses''.
TITLE III--SENIOR SAFE
SEC. 301. IMMUNITY.
(a) Definitions.--In this title--
(1) the term ``Bank Secrecy Act officer'' means an
individual responsible for ensuring compliance with the
requirements mandated by subchapter II of chapter 53 of title
31, United States Code (commonly known as the ``Bank Secrecy
Act'');
(2) the term ``broker-dealer'' means a broker and a dealer,
as those terms are defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a));
(3) the term ``covered agency'' means--
(A) a State financial regulatory agency, including
a State securities or law enforcement authority and a
State insurance regulator;
(B) each of the entities represented in the
membership of the Federal Financial Institutions
Examination Council established under section 1004 of
the Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3303);
(C) the Securities and Exchange Commission;
(D) a securities association registered under
section 15A of the Securities Exchange Act of 1934 (15
U.S.C. 78o-3);
(E) a law enforcement agency; and
(F) a State or local agency responsible for
administering adult protective service laws;
(4) the term ``covered financial institution'' means--
(A) a credit union;
(B) a depository institution;
(C) an investment adviser;
(D) a broker-dealer;
(E) an insurance company;
(F) an insurance agency; and
(G) a transfer agent;
(5) the term ``credit union'' has the meaning given the
term in section 2 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301);
(6) the term ``depository institution'' has the meaning
given the term in section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(7) the term ``exploitation'' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process of
an individual, including a caregiver or a fiduciary, that--
(A) uses the resources of a senior citizen for
monetary or personal benefit, profit, or gain; or
(B) results in depriving a senior citizen of
rightful access to or use of benefits, resources,
belongings, or assets;
(8) the term ``insurance agency'' means any business entity
that sells, solicits, or negotiates insurance coverage;
(9) the term ``insurance company'' has the meaning given
the term in section 2(a) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a));
(10) the term ``insurance producer'' means an individual
who is required under State law to be licensed in order to
sell, solicit, or negotiate insurance coverage;
(11) the term ``investment adviser'' has the meaning given
the term in section 202(a) of the Investment Advisers Act of
1940 (15 U.S.C. 80b-2(a));
(12) the term ``investment adviser representative'' means
an individual who--
(A) is employed by or associated with an investment
adviser; and
(B) does not perform solely clerical or ministerial
acts;
(13) the term ``registered representative'' means an
individual who represents a broker-dealer in effecting or
attempting to effect a purchase or sale of securities;
(14) the term ``senior citizen'' means an individual who is
not younger than 65 years of age;
(15) the term ``State'' means each of the several States,
the District of Columbia, and any territory or possession of
the United States;
(16) the term ``State insurance regulator'' has the meaning
given the term in section 315 of the Gramm-Leach-Bliley Act (15
U.S.C. 6735);
(17) the term ``State securities or law enforcement
authority'' has the meaning given the term in section 24(f)(4)
of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4));
and
(18) the term ``transfer agent'' has the meaning given the
term in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(b) Immunity From Suit.--
(1) Immunity for individuals.--An individual who has
received the training described in section 302 shall not be
liable, including in any civil or administrative proceeding,
for disclosing the suspected exploitation of a senior citizen
to a covered agency if the individual, at the time of the
disclosure--
(A) served as a supervisor or compliance officer
(including as a Bank Secrecy Act officer) for, or, in
the case of a registered representative, investment
adviser representative, or insurance producer, was
affiliated or associated with, a covered financial
institution; and
(B) made the disclosure--
(i) in good faith; and
(ii) with reasonable care.
(2) Immunity for covered financial institutions.--A covered
financial institution shall not be liable, including in any
civil or administrative proceeding, for a disclosure made by an
individual described in paragraph (1) if--
(A) the individual was employed by, or, in the case
of a registered representative, insurance producer, or
investment adviser representative, affiliated or
associated with, the covered financial institution at
the time of the disclosure; and
(B) before the time of the disclosure, each
individual described in section 302(a) received the
training described in section 302.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed to limit the liability of an individual or a
covered financial institution in a civil action for any act,
omission, or fraud that is not a disclosure described in
paragraph (1).
SEC. 302. TRAINING.
(a) In General.--A covered financial institution or a third party
selected by a covered financial institution may provide the training
described in subsection (b)(1) to each officer or employee of, or
registered representative, insurance producer, or investment adviser
representative affiliated or associated with, the covered financial
institution who--
(1) is described in section 301(b)(1)(A);
(2) may come into contact with a senior citizen as a
regular part of the professional duties of the individual; or
(3) may review or approve the financial documents, records,
or transactions of a senior citizen in connection with
providing financial services to a senior citizen.
(b) Content.--
(1) In general.--The content of the training that a covered
financial institution or a third party selected by the covered
financial institution may provide under subsection (a) shall--
(A) be maintained by the covered financial
institution and made available to a covered agency with
examination authority over the covered financial
institution, upon request, except that a covered
financial institution shall not be required to maintain
or make available such content with respect to any
individual who is no longer employed by or affiliated
or associated with the covered financial institution;
(B) instruct any individual attending the training
on how to identify and report the suspected
exploitation of a senior citizen internally and, as
appropriate, to government officials or law enforcement
authorities, including common signs that indicate the
financial exploitation of a senior citizen;
(C) discuss the need to protect the privacy and
respect the integrity of each individual customer of
the covered financial institution; and
(D) be appropriate to the job responsibilities of
the individual attending the training.
(2) Timing.--The training under subsection (a) shall be
provided--
(A) as soon as reasonably practicable; and
(B) with respect to an individual who begins
employment with or becomes affiliated or associated
with a covered financial institution after the date of
enactment of this Act, not later than 1 year after the
individual becomes employed by or affiliated or
associated with the covered financial institution in a
position described in paragraph (1), (2), or (3) of
subsection (a).
(3) Records.--A covered financial institution shall--
(A) maintain a record of each individual who--
(i) is employed by or affiliated or
associated with the covered financial
institution in a position described in
paragraph (1), (2), or (3) of subsection (a);
and
(ii) has completed the training under
subsection (a), regardless of whether the
training was--
(I) provided by the covered
financial institution or a third party
selected by the covered financial
institution;
(II) completed before the
individual was employed by or
affiliated or associated with the
covered financial institution; and
(III) completed before, on, or
after the date of enactment of this
Act; and
(B) upon request, provide a record described in
subparagraph (A) to a covered agency with examination
authority over the covered financial institution.
SEC. 303. RELATIONSHIP TO STATE LAW.
Nothing in this title shall be construed to preempt or limit any
provision of State law, except only to the extent that section 301
provides a greater level of protection against liability to an
individual described in section 301(b)(1) or to a covered financial
institution described in section 301(b)(2) than is provided under State
law.
Passed the House of Representatives January 29, 2018.
Attest:
KAREN L. HAAS,
Clerk. | TITLE I--HOUSING OPPORTUNITIES MADE EASIER (Sec. 101) This bill amends the Truth in Lending Act to deem mortgage appraisal services donated by a fee appraiser to an organization that is eligible to receive tax-deductible charitable contributions to be customary and reasonable. TITLE II--EXPANDING ACCESS TO CAPITAL FOR RURAL JOB CREATORS (Sec. 201) The bill amends the Securities Exchange Act of 1934 to require the Advocate for Small Business Capital Formation within the Securities and Exchange Commission to report on issues encountered by rural-area small businesses. TITLE III--SENIOR SAFE (Sec. 301) The bill extends immunity from liability to certain individuals who, in good faith and with reasonable care, disclose the suspected exploitation of a senior citizen to a regulatory or law-enforcement agency. Specifically, this immunity shall apply to certain credit-union, depository-institution, investment-adviser, broker-dealer, transfer-agency, insurance-company, and insurance-agency employees who have received specified training related to identifying and reporting the suspected exploitation of a senior citizen. Similarly, the employing financial institution shall not be liable with respect to disclosures made by such employees. (Sec. 302) The bill allows financial institutions and third-party entities to offer training related to the suspected financial exploitation of a senior citizen to specified employees. The bill provides guidance regarding the content, timing, and record-maintenance requirements of such training. | Housing Opportunities Made Easier Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Reauthorization Act of 1998''.
SEC. 2. AMENDMENT OF NATIONAL SEA GRANT COLLEGE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment or repeal to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the National
Sea Grant College Program Act (33 U.S.C. 1121 et seq.).
SEC. 3. FINDINGS.
(a) Section 202(a)(1) (33 U.S.C. 1121(a)(1)) is amended--
(1) by redesignating subparagraphs (D) and (E) as subparagraphs
(E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following:
``(D) encourage the development of forecast and analysis
systems for coastal hazards;''.
(b) Section 202(a)(6) (33 U.S.C. 1121(a)(6)) is amended by striking
the second sentence and inserting the following: ``The most cost-
effective way to promote such activities is through continued and
increased Federal support of the establishment, development, and
operation of programs and projects by sea grant colleges, sea grant
institutes, and other institutions.''.
SEC. 4. DEFINITIONS.
(a) Section 203 (33 U.S.C. 1122) is amended--
(1) in paragraph (3)--
(A) by striking ``their university or'' and inserting ``his
or her''; and
(B) by striking ``college, programs, or regional
consortium'' and inserting ``college or sea grant institute'';
(2) by striking paragraph (4) and inserting the following:
``(4) The term `field related to ocean, coastal, and Great
Lakes resources' means any discipline or field, including marine
affairs, resource management, technology, education, or science,
which is concerned with or likely to improve the understanding,
assessment, development, utilization, or conservation of ocean,
coastal, or Great Lakes resources.'';
(3) by redesignating paragraphs (5) through (15) as paragraphs
(7) through (17), respectively, and inserting after paragraph (4)
the following:
``(5) The term `Great Lakes' includes Lake Champlain.
``(6) The term `institution' means any public or private
institution of higher education, institute, laboratory, or State or
local agency.'';
(4) by striking ``regional consortium, institution of higher
education, institute, or laboratory'' in paragraph (11) (as
redesignated) and inserting ``institute or other institution''; and
(5) by striking paragraphs (12) through (17) (as redesignated)
and inserting after paragraph (11) the following:
``(12) The term `project' means any individually described
activity in a field related to ocean, coastal, and Great Lakes
resources involving research, education, training, or advisory
services administered by a person with expertise in such a field.
``(13) The term `sea grant college' means any institution, or
any association or alliance of two or more such institutions,
designated as such by the Secretary under section 207 (33 U.S.C.
1126) of this Act.
``(14) The term `sea grant institute' means any institution, or
any association or alliance of two or more such institutions,
designated as such by the Secretary under section 207 (33 U.S.C.
1126) of this Act.
``(15) The term `sea grant program' means a program of research
and outreach which is administered by one or more sea grant
colleges or sea grant institutes.
``(16) The term `Secretary' means the Secretary of Commerce,
acting through the Under Secretary of Commerce for Oceans and
Atmosphere.
``(17) The term `State' means any State of the United States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Mariana Islands, or any other territory or possession of the United
States.''.
(b) The Act is amended--
(1) in section 209(b) (33 U.S.C. 1128(b)), as amended by this
Act, by striking ``, the Under Secretary,''; and
(2) by striking ``Under Secretary'' every other place it
appears and inserting ``Secretary''.
SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.
Section 204 (33 U.S.C. 1123) is amended to read as follows:
``SEC. 204. NATIONAL SEA GRANT COLLEGE PROGRAM.
``(a) Program Maintenance.--The Secretary shall maintain within the
Administration a program to be known as the national sea grant college
program. The national sea grant college program shall be administered
by a national sea grant office within the Administration.
``(b) Program Elements.--The national sea grant college program
shall consist of the financial assistance and other activities
authorized in this title, and shall provide support for the following
elements--
``(1) sea grant programs which comprise a national sea grant
college program network, including international projects conducted
within such programs;
``(2) administration of the national sea grant college program
and this title by the national sea grant office, the
Administration, and the panel;
``(3) the fellowship program under section 208; and
``(4) any national strategic investments in fields relating to
ocean, coastal, and Great Lakes resources developed with the
approval of the panel, the sea grant colleges, and the sea grant
institutes.
``(c) Responsibilities of the Secretary.--
``(1) The Secretary, in consultation with the panel, sea grant
colleges, and sea grant institutes, shall develop a long-range
strategic plan which establishes priorities for the national sea
grant college program and which provides an appropriately balanced
response to local, regional, and national needs.
``(2) Within 6 months of the date of enactment of the National
Sea Grant College Program Reauthorization Act of 1998, the
Secretary, in consultation with the panel, sea grant colleges, and
sea grant institutes, shall establish guidelines related to the
activities and responsibilities of sea grant colleges and sea grant
institutes. Such guidelines shall include requirements for the
conduct of merit review by the sea grant colleges and sea grant
institutes of proposals for grants and contracts to be awarded
under section 205, providing, at a minimum, for standardized
documentation of such proposals and peer review of all research
projects.
``(3) The Secretary shall by regulation prescribe the
qualifications required for designation of sea grant colleges and
sea grant institutes under section 207.
``(4) To carry out the provisions of this title, the Secretary
may--
``(A) appoint, assign the duties, transfer, and fix the
compensation of such personnel as may be necessary, in
accordance with civil service laws;
``(B) make appointments with respect to temporary and
intermittent services to the extent authorized by section 3109
of title 5, United States Code;
``(C) publish or arrange for the publication of, and
otherwise disseminate, in cooperation with other offices and
programs in the Administration and without regard to section
501 of title 44, United States Code, any information of
research, educational, training or other value in fields
related to ocean, coastal, or Great Lakes resources;
``(D) enter into contracts, cooperative agreements, and
other transactions without regard to section 5 of title 41,
United States Code;
``(E) notwithstanding section 1342 of title 31, United
States Code, accept donations and voluntary and uncompensated
services;
``(F) accept funds from other Federal departments and
agencies, including agencies within the Administration, to pay
for and add to grants made and contracts entered into by the
Secretary; and
``(G) promulgate such rules and regulations as may be
necessary and appropriate.
``(d) Director of the National Sea Grant College Program.--
``(1) The Secretary shall appoint, as the Director of the
National Sea Grant College Program, a qualified individual who has
appropriate administrative experience and knowledge or expertise in
fields related to ocean, coastal, and Great Lakes resources. The
Director shall be appointed and compensated, without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, at a rate payable under section 5376 of
title 5, United States Code.
``(2) Subject to the supervision of the Secretary, the Director
shall administer the national sea grant college program and oversee
the operation of the national sea grant office. In addition to any
other duty prescribed by law or assigned by the Secretary, the
Director shall--
``(A) facilitate and coordinate the development of a long-
range strategic plan under subsection (c)(1);
``(B) advise the Secretary with respect to the expertise
and capabilities which are available within or through the
national sea grant college program and encourage the use of
such expertise and capabilities, on a cooperative or other
basis, by other offices and activities within the
Administration, and other Federal departments and agencies;
``(C) advise the Secretary on the designation of sea grant
colleges and sea grant institutes, and, if appropriate, on the
termination or suspension of any such designation; and
``(D) encourage the establishment and growth of sea grant
programs, and cooperation and coordination with other Federal
activities in fields related to ocean, coastal, and Great Lakes
resources.
``(3) With respect to sea grant colleges and sea grant
institutes, the Director shall--
``(A) evaluate the programs of sea grant colleges and sea
grant institutes, using the priorities, guidelines, and
qualifications established by the Secretary;
``(B) subject to the availability of appropriations,
allocate funding among sea grant colleges and sea grant
institutes so as to--
``(i) promote healthy competition among sea grant
colleges and institutes;
``(ii) encourage successful implementation of sea grant
programs; and
``(iii) to the maximum extent consistent with other
provisions of this Act, provide a stable base of funding
for sea grant colleges and institutes; and
``(C) ensure compliance with the guidelines for merit
review under subsection (c)(2).''.
SEC. 6. REPEAL OF SEA GRANT INTERNATIONAL PROGRAM.
Section 3 of the Sea Grant Program Improvement Act of 1976 (33
U.S.C. 1124a) is repealed.
SEC. 7. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
Section 207 (33 U.S.C. 1126) is amended to read as follows:
``SEC. 207. SEA GRANT COLLEGES AND SEA GRANT INSTITUTES.
``(a) Designation.--
``(1) A sea grant college or sea grant institute shall meet the
following qualifications--
``(A) have an existing broad base of competence in fields
related to ocean, coastal, and Great Lakes resources;
``(B) make a long-term commitment to the objective in
section 202(b), as determined by the Secretary;
``(C) cooperate with other sea grant colleges and
institutes and other persons to solve problems or meet needs
relating to ocean, coastal, and Great Lakes resources;
``(D) have received financial assistance under section 205
of this title (33 U.S.C. 1124);
``(E) be recognized for excellence in fields related to
ocean, coastal, and Great Lakes resources (including marine
resources management and science), as determined by the
Secretary; and
``(F) meet such other qualifications as the Secretary, in
consultation with the panel, considers necessary or
appropriate.
``(2) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as a sea
grant college if the institution, association, or alliance--
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program of research, advisory services,
training, and education in fields related to ocean, coastal,
and Great Lakes resources.
``(3) The Secretary may designate an institution, or an
association or alliance of two or more such institutions, as a sea
grant institute if the institution, association, or alliance--
``(A) meets the qualifications in paragraph (1); and
``(B) maintains a program which includes, at a minimum,
research and advisory services.
``(b) Existing Designees.--Any institution, or association or
alliance of two or more such institutions, designated as a sea grant
college or awarded institutional program status by the Director prior
to the date of enactment of the National Sea Grant College Program
Reauthorization Act of 1998, shall not have to reapply for designation
as a sea grant college or sea grant institute, respectively, after the
date of enactment of the National Sea Grant College Program
Reauthorization Act of 1998, if the Director determines that the
institution, or association or alliance of institutions, meets the
qualifications in subsection (a).
``(c) Suspension or Termination of Designation.--The Secretary may,
for cause and after an opportunity for hearing, suspend or terminate
any designation under subsection (a).
``(d) Duties.--Subject to any regulations prescribed or guidelines
established by the Secretary, it shall be the responsibility of each
sea grant college and sea grant institute--
``(1) to develop and implement, in consultation with the
Secretary and the panel, a program that is consistent with the
guidelines and priorities established under section 204(c); and
``(2) to conduct a merit review of all proposals for grants and
contracts to be awarded under section 205.''.
SEC. 8. SEA GRANT REVIEW PANEL.
(a) Section 209(a) (33 U.S.C. 1128(a)) is amended by striking the
second sentence.
(b) Section 209(b) (33 U.S.C. 1128(b)) is amended--
(1) by striking ``The Panel'' and inserting ``(b) Duties.--The
panel'';
(2) by striking ``and section 3 of the Sea Grant College
Program Improvement Act of 1976'' in paragraph (1); and
(3) by striking ``regional consortia'' in paragraph (3) and
inserting ``institutes''.
(c) Section 209(c) (33 U.S.C. 1128(c)) is amended--
(1) in paragraph (1) by striking ``college, sea grant regional
consortium, or sea grant program'' and inserting ``college or sea
grant institute''; and
(2) by striking paragraph (5)(A) and inserting the following:
``(A) receive compensation at a rate established by the
Secretary, not to exceed the maximum daily rate payable under
section 5376 of title 5, United States Code, when actually
engaged in the performance of duties for such panel; and''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Grants, Contracts, and Fellowships.--Section 212(a) (33 U.S.C.
1131(a)) is amended to read as follows:
``(a) Authorization.--
``(1) In general.--There is authorized to be appropriated to
carry out this Act--
``(A) $56,000,000 for fiscal year 1999;
``(B) $57,000,000 for fiscal year 2000;
``(C) $58,000,000 for fiscal year 2001;
``(D) $59,000,000 for fiscal year 2002; and
``(E) $60,000,000 for fiscal year 2003.
``(2) Zebra mussel and oyster research.--In addition to the
amount authorized for each fiscal year under paragraph (1)--
``(A) up to $2,800,000 may be made available as provided in
section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A))
for competitive grants for university research on the zebra
mussel;
``(B) up to $3,000,000 may be made available for
competitive grants for university research on oyster diseases
and oyster-related human health risks; and
``(C) up to $3,000,000 may be made available for
competitive grants for university research on Pfiesteria
piscicida and other harmful algal blooms.''.
(b) Limitation on Certain Funding.--Section 212(b)(1) (33 U.S.C.
1131(b)(1)) is amended to read as follows:
``(b) Program Elements.--
``(1) Limitation.--No more than 5 percent of the lesser of--
``(A) the amount authorized to be appropriated; or
``(B) the amount appropriated,
for each fiscal year under subsection (a) may be used to fund the
program element contained in section 204(b)(2).''.
(c) Notice of Reprogramming.--If any funds authorized by this
section are subject to a reprogramming action that requires notice to
be provided to the Appropriations Committees of the House of
Representatives and the Senate, notice of such action shall
concurrently be provided to the Committees on Science and Resources of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(d) Notice of Reorganization.--The Secretary of Commerce shall
provide notice to the Committees on Science, Resources, and
Appropriations of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Appropriations of the Senate,
not later than 45 days before any major reorganization of any program,
project, or activity of the National Sea Grant College Program.
SEC. 10. ADMINISTRATIVE LAW JUDGES.
Notwithstanding section 559 of title 5, United States Code, with
respect to any marine resource conservation law or regulation
administered by the Secretary of Commerce acting through the National
Oceanic and Atmospheric Administration, all adjudicatory functions
which are required by chapter 5 of title 5 of such Code to be performed
by an Administrative Law Judge may be performed by the United States
Coast Guard on a reimbursable basis. Should the United States Coast
Guard require the detail of an Administrative Law Judge to perform any
of these functions, it may request such temporary or occasional
assistance from the Office of Personnel Management pursuant to section
3344 of title 5, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Sea Grant College Program Reauthorization Act of 1998 - Amends the National Sea Grant College Program Act to add or modify various definitions.
(Sec. 5) Replaces provisions establishing and administering the National Sea Grant College Program with provisions maintaining such a program and setting forth its elements and the Program duties of the Secretary of Commerce.
(Sec. 6) Repeals provisions authorizing grants and contracts regarding specified international activities, including research, education, and technology transfer.
(Sec. 7) Replaces provisions providing for the designation of sea grant colleges and regional consortia with provisions setting forth the criteria for designation as a sea grant college or institute and designee duties.
(Sec. 8) Modifies requirements regarding the sea grant review panel.
(Sec. 9) Authorizes appropriations for carrying out the Act and for competitive grants for university research on: (1) the zebra mussel; (2) oyster diseases and oyster-related human health risks; and (3) Pfiesteria piscicida and other harmful algal blooms. Mandates notice to specified congressional committees before certain reprogramming of funds and major reorganizations.
(Sec. 10) Allows, with respect to any marine resource conservation law or regulation administered by the National Oceanic and Atmospheric Administration (NOAA), all adjudicatory functions that are required by Federal law relating to administrative procedures to be performed by an Administrative Law Judge to be performed by the Coast Guard on a reimbursable basis. Allows the Coast Guard, if it needs the detail of an Administrative Law Judge for such purposes, to request temporary or occasional assistance form the Office of Personnel Management. | National Sea Grant College Program Reauthorization Act of 1998 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TSA Misconduct Accountability Act of
2017''.
SEC. 2. TSA REQUIREMENTS FOR ADDRESSING EMPLOYEE MISCONDUCT.
(a) In General.--Subchapter II of chapter 449 of title 49, United
States Code, is amended by adding at the end the following new section:
``Sec. 44947. Requirements for addressing employee misconduct
``(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Administrator of the Transportation
Security Administration (TSA) shall--
``(1) revise TSA's employee code of conduct policy to
include--
``(A) a process for disciplining an employee who,
as determined by the Administrator, has received within
a certain timeframe a certain number of disciplinary or
adverse actions in response to violations of such
policy; and
``(B) guidance on how employees should report
misconduct;
``(2) identify methods for addressing employee misconduct,
including revising agency-wide, baseline `table of offenses and
penalties' used for both non-disciplinary and disciplinary
actions regarding misconduct, including all acceptable non-
disciplinary, disciplinary, and adverse actions that may be
administered for misconduct;
``(3) submit to the Chief Human Capital Officer of the
Department of Homeland Security such code of conduct policy and
such table of offenses and penalties for review by such Officer
in consideration of Department policies and regulations, in
accordance with subsection (e); and
``(4) identify a senior TSA official responsible for
overseeing TSA's employee code of conduct policy and table of
offenses and penalties.
``(b) Implementation.--Not later than 120 days after carrying out
subsection (a), the Administrator of the TSA shall instruct TSA
managers how to appropriately administer discipline related to employee
misconduct.
``(c) Identification.--Not later than 120 days after carrying out
subsection (a), the Administrator of the TSA shall identify and address
causes of employee misconduct by--
``(1) monitoring misconduct trends through a quarterly
review and analysis of misconduct data; and
``(2) establishing specific outcome measures to assess
performance.
``(d) Initiatives.--Not later than 120 days after carrying out
subsection (a), the Administrator of the TSA shall, in consultation
with the Chief Human Capital Officer of the Department of Homeland
Security, implement human capital initiatives to address TSA employee
misconduct by--
``(1) modifying the annual or periodic performance plans of
Federal Security Directors to include the extent to which such
Directors ensure that disciplinary actions administered at the
airport for which they are responsible are consistent with TSA
policy;
``(2) notifying applicants of disqualifying offenses in
employment announcements for job descriptions or during the
application process to ensure that appropriately qualified
candidates apply and are hired for such positions; and
``(3) developing and delivering training and on-the-job
resources for supervisors to address misconduct issues in
accordance with TSA policy.
``(e) Chief Human Capital Officer.--
``(1) In general.--Not later than 60 days after receipt of
the TSA employee code of conduct policy and the table of
offenses and penalties under subsection (a), the Chief Human
Capital Officer of the Department of Homeland Security shall
review such policy and such table to ensure that such policy
and such table align, as appropriate, with the policies and
tables developed by the Chief Human Capital Officer for the
Department.
``(2) Monitoring.--The Chief Human Capital Officer of the
Department of Homeland Security shall, as part of existing
working groups established by such Officer, monitor through
fiscal year 2020 the implementation under subsection (b) of the
TSA employee code of conduct.
``(f) Definitions.--In this section:
``(1) Actions.--The term `actions' means consequences for
employee misconduct, up to and including removal from Federal
service, established by TSA policy.
``(2) Misconduct.--The term `misconduct' means the failure
of a TSA employee to comply with a performance plan, rule,
regulation, or law within the scope of such employee's duties,
responsibilities, or functions.''.
(b) Prohibition on New Funding.--No funds are authorized to carry
out this section and the amendment made by this section. This section
and such amendment shall be carried out using amounts otherwise made
available.
(c) Clerical Amendment.--The analysis for chapter 449 of title 49,
United States Code, is amended by inserting after the item relating to
section 44946 the following new item:
``44947. Requirements for addressing employee misconduct.''. | TSA Misconduct Accountability Act of 2017 This bill directs the Transportation Security Administration (TSA) to: revise its employee code of conduct policy to include a process for disciplining an employee who has received a certain number of disciplinary or adverse actions for violations of such policy within a certain timeframe, as well as guidance on how employees should report misconduct; identify methods for addressing employee misconduct, including revising the agency-wide baseline table of offenses and penalties used for both non-disciplinary and disciplinary actions regarding misconduct; submit to the Chief Human Capital Officer of the Department of Homeland Security (DHS) such policy and table; identify a senior TSA official responsible for overseeing such policy and table; instruct TSA managers on how to appropriately administer discipline for employee misconduct; and identify and address causes of misconduct. TSA shall implement human capital initiatives to address employee misconduct by: (1) modifying the performance plans of Federal Security Directors to include the extent to which such directors ensure that disciplinary actions administered at the airport for which they are responsible are consistent with TSA policy, (2) notifying applicants of disqualifying offenses to ensure that appropriately qualified candidates apply and are hired, and (3) delivering training and on-the-job resources for supervisors to address misconduct issues in accordance with TSA policy. DHS's Chief Human Capital Officer shall monitor, through FY2020, the implementation of the TSA employee code of conduct. | TSA Misconduct Accountability Act of 2017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Health Care Investment Act
of 1993''.
SEC. 2. PUBLIC HEALTH SERVICE PRIMARY CARE PROVISIONS.
(a) Migrant Health Centers.--Section 329(h)(1)(A) of the Public
Health Service Act (42 U.S.C. 254b(h)(1)(A)) is amended by striking
``and'' after ``1991,'', and by striking ``through 1994.'' and
inserting the following: ``and 1993, $68,790,000 for fiscal year 1994,
$80,255,000 for fiscal year 1995, $91,720,000 for fiscal year 1996,
$103,185,000 for fiscal year 1997, and $114,650,000 for fiscal year
1998.''.
(b) Community Health Centers.--Section 330(g)(1)(A) of the Public
Health Service Act (42 U.S.C. 254c(g)(1)(A)) is amended by striking
``and'' after ``1991,'', and by striking ``through 1994.'' and
inserting the following: ``and 1993, $670,780,800 for fiscal year 1994,
$782,577,000 for fiscal year 1995, $894,374,400 for fiscal year 1996,
$1,006,171,200 for fiscal year 1997, and $1,117,968,000 for fiscal year
1998.''.
(c) National Health Service Corps Scholarship and Loan Repayment
Programs.--Section 338H(b)(1) of the Public Health Service Act (42
U.S.C. 254q(b)(1)) is amended by striking ``and'' after ``1991,'', and
by striking ``through 2000.'' and inserting the following: ``and 1993,
$91,155,600 for fiscal year 1994, $106,348,200 for fiscal year 1995,
$121,540,800 for fiscal year 1996, $136,733,400 for fiscal year 1997,
and $151,926,000 for fiscal year 1998.''.
(d) Health Services for the Homeless.--Section 340(q)(1) of the
Public Health Service Act (42 U.S.C. 256(q)(1)) is amended by striking
``and such sums'' and all that follows and inserting the following:
``such sums as may be necessary for fiscal year 1993, $69,638,400 for
fiscal year 1994, $81,244,800 for fiscal year 1995, $92,851,200 for
fiscal year 1996, $104,457,600 for fiscal year 1997, and $116,064,000
for fiscal year 1998.''.
SEC. 3. PAYMENTS FOR DIRECT GRADUATE MEDICAL EDUCATION COSTS OF PRIMARY
CARE RESIDENTS INCREASED.
(a) In General.--Section 1886(h) of the Social Security Act (42
U.S.C. 1395 ww(h)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Determination of approved fte resident amounts.--The
Secretary shall determine an approved FTE resident amount for
each cost reporting period beginning after October 1, 1993, as
follows:
``(A) Determining national average salary per fte
resident in fiscal year 1989.--The Secretary shall
determine the national average salary for fiscal year
1991 for a full-time-equivalent resident in an approved
medical residency training program.
``(B) Updating to a cost reporting period that
begins in fiscal year 1994.--The Secretary shall update
the amount determined under subparagraph (A) by the
estimated percentage change in the consumer price index
from the midpoint of fiscal year 1989 to the midpoint
of each cost reporting period that begins in fiscal
year 1994.
``(C) Updating to subsequent cost reporting
periods.--For each subsequent cost reporting period,
the Secretary shall update the amount determined under
subparagraph (B) or this subparagraph for an
immediately preceding cost reporting period by the
estimated percentage change in the consumer price index
from the midpoint of that preceding period to the
midpoint of that subsequent period, with appropriate
adjustments to reflect previous under- or over-
estimations in the estimated percentage change in that
index.'';
(2) in paragraph (3)(B)(i), by striking ``hospital's''; and
(3) in paragraph (4), by amending subparagraph (C) to read
as follows:
``(C) Weighting factor for certain residents.--Such
rules shall provide, in calculating the number of full-
time-equivalent residents in an approved residency
program--
``(i) that the weighting factor for a
primary care (as defined by the Secretary)
resident, or for an intern, is 2.2,
``(ii) that the weighting factor for a
nonprimary care resident who is in the
resident's initial residency period is 2.0, and
``(iii) that the weighting factor for a
nonprimary care resident who is not in the
resident's initial residency period is 1.2.
The Secretary shall make such adjustments as are
necessary to the weighting factors to maintain
aggregate payments under this section to all hospitals
at the same level that such payments would have been
made under this section prior to enactment of the
amendments made to this section by the Primary Health
Care Investment Act of 1993.''.
(b) Effective Date.--(1) Except as otherwise provided by paragraph
(2), the amendments made by this section shall apply to cost reporting
periods beginning after October 1, 1993.
(2) For a cost reporting period that falls partly in fiscal year
1993 and partly in fiscal year 1994, the provisions of section 1886(h),
as in effect before the date of enactment of this Act, shall apply
proportionally to that part of the cost reporting period that occurs
before fiscal year 1994. | Primary Health Care Investment Act of 1993 - Amends the Public Health Service Act to authorize appropriations to carry out specified provisions relating to migrant and community health centers, the National Health Service Corps scholarship and loan repayment programs, and health services for the homeless.
Amends provisions of title XVIII (Medicare) of the Social Security Act relating to payment to hospitals for inpatient services to modify requirements regarding the determination of approved FTE (Full-Time Equivalent) resident amounts. | Primary Health Care Investment Act of 1993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repetitive Flood Loss Reduction Act
of 1999''.
SEC. 2. REPETITIVE FLOOD LOSS REDUCTION.
Chapter III of the National Flood Insurance Act of 1968 is
amended--
(1) by amending section 1370(a)(2) (42 U.S.C. 4121(a)(2))
to read as follows:
``(2) the terms `United States' (when used in a geographic
sense) and `State' mean the several States and the District of
Columbia;''; and
(2) by adding after section 1367 (42 U.S.C. 4104d) the
following new section:
``SEC. 1368. REPETITIVE FLOOD LOSS REDUCTION.
``(a) Program.--The Director shall carry out a program to mitigate
repetitive flood losses to structures--
``(1) by purchasing structures in accordance with
subsection (f); and
``(2) by making grants to States, communities, and local
flood management agencies for eligible mitigation activities
described in subsection (c) that the Director determines--
``(A) have been proposed by the State, community,
or local flood management agency applying for the grant
to reduce repetitive flood losses pursuant to an
evaluation and analysis (by the State, community, or
local flood management agency) of flood risk and
multiple flood claim structures;
``(B) are likely to provide protection against
flood losses or substantially reduce damage to
structures covered by contracts for flood insurance
available under this title;
``(C) are cost-effective to the National Flood
Insurance Fund;
``(D) are technically feasible and cost-effective;
and
``(E) are consistent with other criteria that are
established by the Director to carry out the purposes
of this section.
``(b) Limitation on Grant Amounts.--The Director shall purchase
structures and make grants under this section to the extent amounts are
available pursuant to appropriation Acts, subject only to the absence
of approvable applications for such grants or of willing sellers of
appropriate structures.
``(c) Eligible Mitigation Activities.--A grant made under this
section may be used only for eligible mitigation activities that are
proposed in the application for the grant and that are described as
follows:
``(1) Elevation, relocation, demolition, or floodproofing
of structures (including public structures) located in areas
having special flood hazards or other areas of flood risk.
``(2) Minor physical mitigation efforts that do not
duplicate the flood prevention activities of other Federal
agencies, States, communities, or local flood management
agencies and that lessen the frequency or severity of flooding
and decrease predicted flood damages, which shall not include
major flood control projects such as dikes, levees, seawalls,
groins, and jetties unless the Director specifically determines
in approving a mitigation project that such projects are the
most cost-effective mitigation activities for protecting the
National Flood Insurance Fund.
``(3) Other mitigation activities that the Director
considers appropriate and specifies in regulations.
``(d) Application for Grant.--
``(1) In general.--To be eligible for a grant under this
section, a State, community, or local flood management agency
shall submit an application for such grant which contains--
``(A) a description of the mitigation activities
for which the grant is requested;
``(B) a description of the structures that the
mitigation activities will protect;
``(C) a statement of the aggregate amount of
payments made under the flood insurance program under
this title pursuant to insurance claims for structures described
pursuant to subparagraph (C);
``(D) information sufficient to demonstrate that
the mitigation activities are eligible under subsection
(c); and
``(E) any other information the Director may
reasonably require.
``(2) Time for approval or rejection.--The Director shall
approve or reject an application for a grant under this
subsection not later than 30 days after receiving such
application.
``(e) Matching Requirement.--The Director shall not provide a grant
under this section in an amount exceeding 75 percent of the total cost
of the mitigation activities to be financed using such grant. The
Director shall may not provide grants under this section for any
mitigation activities unless the State, community, or local flood
management agency that receives the grant certifies, as the Director
shall require, that at least 25 percent of the total cost of such
mitigation activities will be provided from non-Federal sources.
``(f) Purchase of Repetitive Substantial Flood Loss Structures.--
``(1) Offer to purchase.--Upon determining that an insured
structure is a repetitive substantial flood loss structure, the
Director shall offer to purchase the structure at a price not
greater than 125 percent of the fair market value of the
structure at the time of the offer. Any such offer shall
explicitly state that the offer is contingent upon the
availability of amounts under subsections (j) and (k) for such
purchase. Any such offer shall be held open, and shall not be
revocable, during the period that the structure is covered by
flood insurance under this title.
``(2) Acceptance of offer.--If an owner of a repetitive
substantial flood loss structure accepts an offer to purchase
the structure made under paragraph (1), the Director shall
purchase the structure, if amounts are available pursuant to
subsections (j) and (k). The Director may request that the
State or the a local flood management agency that has
jurisdiction with respect to the area in which the structure is
located coordinate and carry out the purchase for the Director
under the terms of the offer.
``(3) Increased premiums for refusal of offer.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) during the period
after the offer is made having such duration as the Director
shall establish, thereafter the chargeable premium rate with
respect to the structure shall be an amount equal to 150
percent of the chargeable rate for the structure at the time
that the offer was made (as adjusted by any other premium
adjustments otherwise applicable to the structure), except as
provided in paragraph (5), and the deductible in connection
with insurance provided under this title shall increase by
$5,000 more than the deductible on such insurance at the time
that such offer was made.
``(4) Notice of continued offer.--Upon each renewal or
modification of any flood insurance coverage under this title
for a repetitive substantial flood loss structure, the Director
shall notify the owner that the offer made pursuant to
paragraph (1) is still open.
``(5) Increased premiums upon subsequent flood damage.--
Notwithstanding section 1308, if the owner of a repetitive
substantial flood loss structure does not accept an offer made
by the Director pursuant to paragraph (1) and subsequently a
flood event causes substantial damage to the structure after
such event, the chargeable premium rate with respect to the
structure shall be an amount equal to 150 percent of the
chargeable rate for the structure at the time of the event, as
adjusted by any other premium adjustments otherwise applicable
to the structure and any subsequent increases pursuant to this
paragraph, and the deductible in connection with insurance
provided under this title shall increase by $5,000 more than
the deductible on such insurance at the time of the event.
``(6) List of structures.--The Director, in consultation
with regional flood plain administrators, shall develop and
periodically update a list of repetitive substantial flood loss
structures.
``(7) Deposit of revenues.--All amounts collected from
payment of deductible and premium increases pursuant to this
subsection shall be deposited into the Repetitive Flood Loss
Reduction Fund created by subsection (j).
``(g) Disposition of Acquired Structures.--
``(1) In general.--As soon as practicable after acquisition
of a structure under this section, the Director shall offer to
transfer the structure to the local flood management agency
that has jurisdiction with respect to the area in which the
structure is located. If such a local flood management agency
does not exists or refuses such offer, the Director shall offer to
transfer the structure to the State within whose boundaries such
structure is located.
``(2) Terms and conditions.--If an offer to transfer a
structure made pursuant to paragraph (1) is accepted, the
Director shall make such transfer without compensation and upon
such other terms and conditions as the Director considers
necessary to protect the interests of the United States.
``(h) Oversight of Mitigation Activities.--The Director shall
conduct oversight of recipients of grants under this section to ensure
that the grant is used in compliance with approved mitigation
activities and that matching funds certified under subsection (e) are
used in accordance with such certification.
``(i) Recapture.--If the Director determines that a State,
community, or local flood management agency that has received a grant
under this section has not carried out the mitigation activities as set
forth in the mitigation activity, the Director shall recapture such
amounts and deposit the amounts in the Repetitive Flood Loss Reduction
Fund created by subsection (j).
``(j) Repetitive Flood Loss Reduction Fund.--There is hereby
created within the Treasury a fund which shall be known as the
`Repetitive Flood Loss Reduction Fund'. Amounts deposited into the
Repetitive Flood Loss Reduction Fund shall be available to the Director
to carry out this section to the extent provided by appropriation Acts.
``(k) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Director $100,000,000 for fiscal year 2000 to carry out
this section, and such amounts shall remain available until
expended.
``(2) Division of funds.--Of the amounts appropriated to
carry out this section, 90 percent shall be used for
acquisitions under subsection (a)(1) and 10 percent shall be
used for grants under subsection (a)(2).
``(l) Definitions.--For the purposes of this section, the following
definitions apply:
``(1) Community.--The term `community' has the meaning
given that term in section 1366(k).
``(2) Repetitive substantial flood loss structure.--The
term `repetitive substantial flood loss structure' means a
structure covered by a contract for flood insurance under this
title that has incurred flood-related damage on 3 or more
occasions in which the cumulative cost of repairs is equal to
or greater than 125 percent of the fair market value of the
structure.''. | Repetitive Flood Loss Reduction Act of 1999 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency to carry out a program to mitigate repetitive flood losses to structures by: (1) purchasing structures; and (2) making grants to States, communities, and local flood management agencies for eligible mitigation activities that meet specified conditions.
Includes among eligible mitigation activities: (1) elevation, relocation, demolition, or floodproofing of structures located in areas having special flood hazards or other areas of flood risk; and (2) minor physical mitigation efforts that do not duplicate the flood prevention activities of other Federal agencies, States, communities, or local flood management agencies and that lessen the frequency or severity of flooding and decrease predicted flood damages, excluding major flood control projects unless the Director specifically determines that such projects are the most cost-effective mitigation activities for protecting the National Flood Insurance Fund.
Sets forth grant application requirements.
Prohibits the Director from providing a grant: (1) in an amount exceeding 75 percent of the total cost of the mitigation activities to be financed using such grant; and (2) for any such activities unless the State, community, or local flood management agency that receives the grant certifies, as the Director shall require, that at least 25 percent of the total cost of such activities will be provided from non-Federal sources.
Requires the Director, upon determining that an insured structure is a repetitive substantial flood loss structure, to offer to purchase the structure at not greater than 125 percent of its fair market value at the time of the offer. Directs that any such offer: (1) explicitly state that the offer is contingent upon the availability of specified funds for such purchase; and (2) be held open, and not be revocable, during the period that the structure is covered by flood insurance.
Requires the Director, if such owner accepts the offer and if such funds are available, to purchase the structure. Authorizes the Director to request that the State or local flood management agency that has jurisdiction with respect to the area in which the structure is located coordinate and carry out the purchase.
Provides that if the owner does not accept the offer within a specified period, the chargeable premium rate with respect to the structure shall equal 150 percent of the amount at the time the offer was made (as adjusted by any other premium adjustments otherwise applicable to the structure), with an exception, and the insurance deductible increased by $5,000 more than that at the time the offer was made. Requires the Director, upon each renewal or modification of flood insurance coverage for a repetitive substantial flood loss structure, to notify the owner that the offer is still open.
Provides that if the owner of a repetitive substantial flood loss structure does not accept an offer made by the Director and subsequently a flood event causes substantial damage to the structure, the chargeable premium rate with respect to the structure shall be an amount equal to 150 percent of the rate at the time of the event, as adjusted by any other premium adjustments otherwise applicable to the structure and any subsequent increases, and the insurance deductible increased by $5,000 more than that at the time of the event.
Requires the Director, after the acquisition of a structure, to offer to transfer the structure to: (1) the local flood management agency that has jurisdiction with respect to the area in which the structure is located; or (2) the State within whose boundaries such structure is located, if such a local flood management agency does not exist or refuses such offer. Requires the Director, if an offer is accepted, to make such transfer without compensation and upon such other terms and conditions as the Director considers necessary to protect U.S. interests.
Establishes within the Treasury the Repetitive Flood Loss Reduction Fund. Directs that all amounts collected from payment of deductible and premium increases be deposited into the Fund which shall be available to the Director to carry out this Act.
Requires the Director to: (1) develop and periodically update a list of repetitive substantial flood loss structures; (2) conduct oversight of grant recipients to ensure that the grant is used in compliance with approved mitigation activities and that certified matching funds are used in accordance with such certification; and (3) recapture and deposit in the Fund amounts from a State, community, or local flood management agency that has received a grant but has not carried out mitigation activities.
Authorizes appropriations. | Repetitive Flood Loss Reduction Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commit to Opioid Medical Prescriber
Accountability and Safety for Seniors Act of 2018''.
SEC. 2. MEDICARE REQUIREMENTS WITH RESPECT TO OUTLIER PRESCRIBERS OF
OPIOIDS.
Section 1860D-4(c)(4) of the Social Security Act (42 U.S.C. 1395w-
104(c)(4)) is amended by adding at the end the following new
subparagraph:
``(D) Notification and additional requirements with
respect to outlier prescribers of opioids.--
``(i) Notification.--Not later than January
1, 2021, the Secretary shall, in the case of a
prescriber identified by the Secretary under
clause (ii) to be an outlier prescriber of
opioids, provide, subject to clause (iv), an
annual notification to such prescriber (during
the period in which such provider maintains
such identification) that such prescriber has
been so identified and including such resources
on proper prescribing methods and such other
information as specified in accordance with
clause (iii).
``(ii) Identification of outlier
prescribers of opioids.--
``(I) In general.--The Secretary
shall, subject to subclause (III),
using the valid prescriber National
Provider Identifiers included pursuant
to subparagraph (A) on claims for
covered part D drugs for part D
eligible individuals enrolled in
prescription drug plans under this part
and MA-PD plans under part C and based
on the thresholds established under
subclause (II), identify prescribers
that are outlier opioids prescribers
for a period of time specified by the
Secretary.
``(II) Establishment of
thresholds.--For purposes of subclause
(I) and subject to subclause (III), the
Secretary shall, after consultation
with stakeholders, establish
thresholds, based on prescriber
specialty and, as determined
appropriate by the Secretary,
geographic area, for identifying
whether a prescriber in a specialty and
geographic area is an outlier
prescriber of opioids as compared to
other prescribers of opioids within
such specialty and area.
``(III) Exclusions.--The following
shall not be included in the process
for identifying outlier prescribers of
opioids under this clause:
``(aa) Claims for covered
part D drugs for part D
eligible individuals who are
receiving hospice care under
this title.
``(bb) Claims for covered
part D drugs for part D
eligible individuals who are
receiving oncology services
under this title.
``(cc) Prescribers who are
the subject of an investigation
by the Centers for Medicare &
Medicaid Services or the Office
of the Inspector General of the
Department of Health and Human
Services.
``(iii) Contents of notification.--The
Secretary shall include the following
information in the notifications provided under
clause (i):
``(I) Information on how such
prescriber compares to other
prescribers within the same specialty
and, if determined appropriate by the
Secretary, geographic area.
``(II) Information on opioid
prescribing guidelines, based on input
from stakeholders, that may include the
Centers for Disease Control and
Prevention guidelines for prescribing
opioids for chronic pain and guidelines
developed by physician organizations.
``(III) Other information
determined appropriate by the
Secretary.
``(iv) Modifications and expansions.--
``(I) Frequency.--Beginning 5 years
after the date of the enactment of this
subparagraph, the Secretary may change
the frequency of the notifications
described in clause (i) based on
stakeholder input and changes in opioid
prescribing utilization and trends.
``(II) Expansion to other
prescriptions.--The Secretary may
expand notifications under this
subparagraph to include identifications
and notifications with respect to
concurrent prescriptions of covered
part D drugs used in combination with
opioids that are considered to have
adverse side effects when so used in
such combination.
``(v) Additional requirements for
persistent outlier prescribers.--In the case of
a prescriber who the Secretary determines is
persistently identified under clause (ii) as an
outlier prescriber of opioids, the following
shall apply:
``(I) The Secretary shall connect
such prescriber with an entity that
provides technical or educational
resources on opioid prescribing
guidelines (such as the guidelines
described in clause (iii)(II)), which
may include a quality improvement
organization under part B of title XI,
as available and appropriate.
``(II) Such prescriber may be
required to enroll in the program under
this title under section 1866(j) if
such prescriber is not otherwise
required to enroll. The Secretary shall
determine the length of the period for
which such prescriber is required to
maintain such enrollment.
``(III) Not less frequently than
annually (and in a form and manner
determined appropriate by the
Secretary), the Secretary shall
communicate information on such
prescribers to sponsors of a
prescription drug plan and Medicare
Advantage organizations offering an MA-
PD plan.
``(vi) Public availability of
information.--The Secretary shall make
aggregate information under this subparagraph
available on the Internet website of the
Centers for Medicare & Medicaid Services. Such
information shall be in a form and manner
determined appropriate by the Secretary and
shall not identify any specific prescriber. In
carrying out this clause, the Secretary shall
consult with interested stakeholders.
``(vii) Opioids defined.--For purposes of
this subparagraph, the term `opioids' has such
meaning as specified by the Secretary.
``(viii) Other activities.--Nothing in this
subparagraph shall preclude the Secretary from
conducting activities that provide prescribers
with information as to how they compare to
other prescribers that are in addition to the
activities under this subparagraph, including
activities that were being conducted as of the
date of the enactment of this subparagraph.''. | Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act of 2018 This bill requires the Centers for Medicare & Medicaid Services (CMS) to identify outlier prescribers of opioids under the Medicare prescription drug benefit and Medicare Advantage prescription drug plans. Specifically, the CMS must: (1) establish an opioid-prescription threshold for determining whether a prescriber is an outlier compared to other prescribers, based on specialty and geographic area; (2) use National Provider Identifiers (unique provider identification numbers currently included on claims for covered drugs) to identify outlier prescribers; and (3) annually notify identified outlier prescribers of their status and provide them with resources on proper prescribing methods. The CMS may also identify and notify outlier prescribers based on co-prescriptions of covered drugs that have adverse effects when used in combination with opioids. Persistent outlier prescribers are subject to additional requirements. | Commit to Opioid Medical Prescriber Accountability and Safety for Seniors Act of 2018 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Convention Against Torture
Implementation Act of 2005''.
SEC. 2. PROHIBITION ON CERTAIN TRANSFERS OF PERSONS.
(a) Prohibition.--No person in the custody or control of a
department, agency, or official of the United States Government, or of
any contractor of any such department or agency, shall be expelled,
returned, or extradited to another country, whether directly or
indirectly, if--
(1) the country is included on the most recent list
submitted to Congress by the Secretary of State under section
3; or
(2) there are otherwise substantial grounds for believing
that the person would be in danger of being subjected to
torture.
(b) Exceptions.--
(1) Waivers.--
(A) Authority.--The Secretary of State may waive
the prohibition in subsection (a)(1) with respect to a
country if the Secretary certifies to the appropriate
congressional committees that--
(i) the acts of torture that were the basis
for including that country on the list have
ended; and
(ii) there is in place a mechanism that
assures the Secretary in a verifiable manner
that a person expelled, returned, or extradited
to that country will not be tortured in that
country, including, at a minimum, immediate,
unfettered, and continuing access, from the
point of return, to such person by an
independent humanitarian organization.
(B) Reports on waivers.--
(i) Reports required.--For each person
expelled, returned, or extradited under a
waiver provided under subparagraph (A), the
head of the appropriate government agency
making such transfer shall submit to the
appropriate congressional committees a report
that includes the name and nationality of the
person transferred, the date of transfer, the
reason for such transfer, and the name of the
receiving country.
(ii) Form.--Each report under this
subparagraph shall be submitted, to the extent
practicable, in unclassified form, but may
include a classified annex as necessary to
protect the national security of the United
States.
(2) Extradition or removal.--The prohibition in subsection
(a)(1) may not be construed to apply to the legal extradition
of a person under a bilateral or multilateral extradition
treaty or to the legal removal of a person under the
immigration laws of the United States if, before such
extradition or removal, the person has recourse to a United
States court of competent jurisdiction to challenge such
extradition or removal on the basis that there are substantial
grounds for believing that the person would be in danger of
being subjected to torture in the receiving country.
(c) Assurances Insufficient.--Written or verbal assurances made to
the United States by the government of a country that persons in its
custody or control will not be tortured are not sufficient for
believing that a person is not in danger of being subjected to torture
for purposes of subsections (a)(2) and (b)(2), or for meeting the
requirement of subsection (b)(1)(A)(ii).
SEC. 3. REPORTS ON COUNTRIES USING TORTURE.
Not later than 30 days after the effective date of this Act, and
annually thereafter, the Secretary of State shall submit to the
appropriate congressional committees a report listing each country
where torture is known to be used. The list shall be compiled on the
basis of the information contained in the most recent annual report of
the Secretary of State submitted to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate
under section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d)).
SEC. 4. REGULATIONS.
(a) Interim Regulations.--Not later than 60 days after the
effective date of this Act, the heads of the appropriate government
agencies shall prescribe interim regulations for the purpose of
carrying out this Act and implementing the obligations of the United
States under Article 3 of the Convention Against Torture, subject to
any reservations, understandings, declarations, and provisos contained
in the Senate resolution advising and consenting to the ratification of
the Convention Against Torture, and consistent with the provisions of
this Act.
(b) Final Regulations.--Not later than 180 days after interim
regulations are prescribed under subsection (a), and following a period
of notice and opportunity for public comment, the heads of the
appropriate government agencies shall prescribe final regulations for
the purposes described in subsection (a).
SEC. 5. SAVINGS CLAUSE.
Nothing in this Act shall be construed to eliminate, limit, or
constrain in any way the obligations of the United States or the rights
of any individual under the Convention Against Torture or any other
applicable law.
SEC. 6. REPEAL OF SUPERSEDED AUTHORITY.
Section 2242 of the Foreign Affairs Reform and Restructuring Act of
1998 (Public Law 105-277; 8 U.S.C. 1231 note) is repealed. Regulations
promulgated under such section that are in effect on the date this Act
becomes effective shall remain in effect until the heads of the
appropriate government agencies issue interim regulations under section
4(a).
SEC. 7. DEFINITIONS.
(a) Defined Terms.--In this Act:
(1) Appropriate government agencies.--The term
``appropriate government agencies'' means--
(A) the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))); and
(B) elements of the Department of State, the
Department of Defense, the Department of Homeland
Security, the Department of Justice, the United States
Secret Service, the United States Marshals Service, and
any other Federal law enforcement, national security,
intelligence, or homeland security agency that takes or
assumes custody or control of persons or transports
persons in its custody or control outside the United
States, other than those elements listed or designated
as elements of the intelligence community under section
3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4))).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Armed Services, Homeland
Security and Government Affairs, Judiciary, Foreign
Relations, and the Select Committee on Intelligence of
the Senate; and
(B) the Committees on Armed Services, Homeland
Security, Judiciary, International Relations, and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(3) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984, entered into
force on June 26, 1987, signed by the United States on April
18, 1988, and ratified by the United States on October 21, 1994
(T. Doc. 100-20).
(4) Expelled person.--A person who is expelled is a person
who is involuntarily transferred from the territory of any
country, or a port of entry thereto, to the territory of
another country, or a port of entry thereto.
(5) Extradited person.--A person who is extradited is an
accused person who, in accordance with chapter 209 of title 18,
United States Code, is surrendered or delivered to another
country with jurisdiction to try and punish the person.
(6) Returned person.--A person who is returned is a person
who is transferred from the territory of any country, or a port
of entry thereto, to the territory of another country of which
the person is a national or where the person has previously
resided, or a port of entry thereto.
(b) Same Terms as in the Convention Against Torture.--Except as
otherwise provided, the terms used in this Act have the meanings given
those terms in the Convention Against Torture, subject to any
reservations, understandings, declarations, and provisos contained in
the Senate resolution advising and consenting to the ratification of
the Convention Against Torture.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect on the date that is 30 days after the
date of the enactment of this Act.
SEC. 9. CLASSIFICATION IN UNITED STATES CODE.
This Act shall be classified to the United States Code as a new
chapter of title 50, United States Code. | Convention Against Torture Implementation Act of 2005 - Directs the Secretary of State to submit to the appropriate congressional committees an annual list of countries where torture is known to be used.
Prohibits the direct or indirect transfer or return of persons by the United States or any contractor: (1) to a listed country; or (2) if substantial grounds exist for believing a person would be in danger of torture.
Sets forth conditions under which: (1) the Secretary may waive such transfer prohibition; and (2) a treaty-based transfer may occur. | A bill to prohibit the expulsion, return, or extradition of persons by the United States to countries engaging in torture, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``State National
Forest Management Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. State selection of eligible portions of the National Forest
System for acquisition and management.
Sec. 4. Transition provisions during the exchange-transition period.
Sec. 5. Transition provisions outside the transition period.
Sec. 6. Miscellaneous duties of the parties and other provisions
relating to the transfer.
Sec. 7. Conditions on changes to land management plans regarding
management of young-growth stands.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Commissioner'' means the head of the
Department of Natural Resources of a State or comparable State
agency.
(2) The term ``eligible portions of the National Forest
System'' means all right, title, and interest of the United
States in and to the surface and subsurface lands and real
property (including structures and facilities owned by the
Forest Service) included as part of the National Forest System
in a State. The term does not include Conservation System Units
(as that term is defined in the Alaska National Interest Lands
Conservation Act) and areas or national memorials protected by
an Act of Congress.
(3) The term ``Federal obligation''--
(A) means any obligation or duty of the Forest
Service arising out of any lease, permit, license,
contract, and other legal instruments issued by or with
the Forest Service relating to eligible portions of the
National Forest System; and
(B) does not include any obligation with respect to
a Federal law, regulation, or policy.
(4) The term ``forest operations'' means the development of
forest operating plans for eligible portions of the National
Forest System acquired by a State, including the conduct of
inventories of timber resources and the engineering of
necessary access needed necessary for timber management and
related management activities.
(5) The term ``patent date'' means the last day of the
selection-transition period.
(6) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(7) The term ``selection date'' means the date on which a
State elects to acquire eligible portions of the National
Forest System and notifies the Secretary of such election under
section 3(a).
(8) The term ``selection-transition period'' means the
period beginning on the selection date and ending no more than
one year thereafter, on the patent date.
(9) The term ``State'' means each of the several States and
the Commonwealth of Puerto Rico.
(10) The term ``State forest practices law'' means a forest
practices law applicable to State or privately owned forest
land in a State, including established silvicultural best
management practices or other regulations for forest management
practices related to clean water, soil quality, wildlife or
forest health.
(11) The term ``State obligation'' means any obligation or
duty of the State arising out of any lease, permit, license,
contract and other legal instruments issued by or with the
State relating to the selected lands under this Act.
SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE NATIONAL FOREST
SYSTEM FOR ACQUISITION AND MANAGEMENT.
(a) Selection Authorized; Conveyance Required.--During the 10-year
period beginning on the date of the enactment of this Act, if a State
elects pursuant to subsection (b) to select and acquire eligible
portions of the National Forest System in that State under the terms
and conditions of this Act and notifies the Secretary of such
selection, then the Secretary shall convey the eligible portions of the
National Forest System so selected to the State in accordance with
subsection (d). All conveyances shall be subject to valid existing
rights.
(b) Form of Election.--The election by a State to select and
acquire eligible portions of the National Forest System in that State
pursuant to subsection (a) shall be executed in the form of a bill
enacted into law by the legislature of that State. Such a law shall
provide, at a minimum, the following:
(1) That the State elects to acquire eligible portions of
the National Forest System in that State--
(A) pursuant to purchase for fair-market value;
(B) in exchange for State lands of equal value;
(C) in satisfaction of land selection rights
pursuant to the law by which the State was admitted to
the Union; or
(D) any combination of the preceding paragraphs.
(2) Identifies the eligible portions of the National Forest
System to be acquired and the method by which the State will
acquire the land.
(3) Acceptance by the State that acquisition of the
identified eligible portions of the National Forest System is
subject to valid existing rights.
(4) Acceptance by the State of the procedures specified in
this Act and the transition provisions of this Act.
(5) In the case of the State of Alaska, acceptance by the
State of the rights and obligations of the United States under
the Alaska Native Claims Settlement Act with respect to
acquired lands, rights in such lands, and use of lands acquired
by that State shall not be infringed by that State.
(6) Specification that up to 50 percent of the annual
harvest of timber from eligible portions of the National Forest
System to be acquired shall be offered in at least 10-year
contracts, and timber sales shall, to the maximum extent
practicable, provide sufficient volume to meet the needs of all
wood processing operations existing in that State as of the
date of the enactment of this Act, and forest operations shall
be performed in compliance with the State forest practices law.
(7) Acceptance by the State that eligible portions of the
National Forest System open to mineral entry under the general
mining laws of the United States shall remain open to mineral
entry under State law unless subsequently changed by a State
mineral closing order.
(c) Multiple State Laws; Acreage Limitation.--During the selection
period specified in subsection (a), a State may enact more than one law
to select and acquire eligible portions of the National Forest System
in that State, except that the total quantity of National Forest System
land acquired by the State under this Act may not exceed 2,000,000
acres.
(d) Procedure.--Beginning on the selection date for a State's
acquisition of eligible portions of the National Forest System in that
State, the Secretary shall prepare patents conveying the National
Forest System lands selected by the State and shall convey such patents
to the State on the patent date. The duty of the Secretary to prepare
and convey such patents under this Act shall be purely ministerial and
conveyance of the patent on the patent date shall not be withheld or
conditioned by any other provision of law except as provided herein.
The United States Supreme Court shall have exclusive jurisdiction to
issue such writs and compel such actions as may be necessary to
accomplish the conveyance made under this Act.
(e) Other Property.--Beginning on the selection date for a State's
acquisition of eligible portions of the National Forest System in that
State, in addition to other conveyances made under this Act, the
Secretary shall convey the right and title to and interest of the
United States in all other types of property (including real and
personal property) used for purposes of operating, administering, and
managing the acquired National Forest System land in that State. Such
property shall be transferred on the patent date and include only that
property which is owned by the United States and used by the Forest
Service primarily on the eligible portions of the National Forest
System selected by the State.
(f) Other Uses.--Beginning on the selection date and concurrent
with the selection and conveyance of the National Forest System lands
and property under this Act, the Secretary shall transfer all existing
special use permits related to the acquired National Forest System
lands and property to the State.
SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE-TRANSITION PERIOD.
(a) Existing Obligations of the United States.--The United States
shall remain obligated for all Federal obligations incurred prior to
the patent date.
(b) Employees.--During the selection-transition period, to the
extent practicable, the State shall interview each person employed by
the Forest Service on the date of the enactment of this Act whose
employment is made redundant by this Act for purposes of reemployment
by the State in a comparable job within the new State administrative
system for the National Forest System lands acquired by the State under
this Act. Employees who do not secure employment with the State shall
have the option of placement in an equivalent position available within
the Federal Government.
(c) Management Pending Conveyance.--During the selection-transition
period and until the patent date, except as provided otherwise under
this Act, eligible portions of the National Forest System not yet
patented to the State under this Act shall be administered and managed
under applicable Federal law and land management plans.
(d) Transfer of Certain Receipts.--Receipts from all rentals or
sales occurring on eligible portions of the National Forest System
selected by a State during the selection-transition period shall be
kept in escrow and transferred to the State on the patent date.
SEC. 5. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD.
(a) Management of Selected Lands.--Beginning on the patent date,
eligible portions of the National Forest System conveyed to a State
under this Act shall be administered and managed primarily for timber
production pursuant to the State forest practices law, except as
otherwise provided in this Act for the period provided by this Act.
(b) Land Designations.--Land use designations in effect on the date
of the enactment of this Act for eligible portions of the National
Forest System conveyed to a State under this Act under the applicable
land management plan shall continue in effect until the patent date.
(c) Subsistence Use After the Selection Date.--In the case of
eligible portions of the National Forest System in the State of Alaska,
the Secretary of the Interior shall retain continuing authority to
manage subsistence uses of fish and wildlife on National Forest System
lands conveyed under this Act until the patent date.
(d) Access.--
(1) Easements.--The Secretary, in accordance with the
applicable forest transportation plan for a unit of the
National Forest System and any transportation plan of the
State, shall provide access in the form of easements across
lands owned by the United States to and from eligible portions
of the National Forest System conveyed to the State. The duty
of the Secretary to deliver patents for such easements shall be
purely ministerial and shall not be withheld or conditioned by
any other provision of law. The Secretary shall enter into
agreements with the Commissioner for the purpose of sharing the
costs of common use roads.
(2) State duty.--Following the patent date, a State shall
issue easements to the United States for reasonable access
across acquired eligible portions of the National Forest System
in the manner provided in paragraph (1).
(e) Mining Claims.--
(1) In general.--Federal mining claims located pursuant to
the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on
eligible portions of the National Forest System before the
selection date shall remain subject to the laws, rules,
regulations, and policies of the United States, but such laws,
rules, regulations, and policies shall be administered by the
State. The right and ability of a claimholder to patent such a
mining claim and enjoy reasonable access to the claim shall not
be infringed. An application to patent a Federal mining claim
located on eligible portions of the National Forest System may
be made by the claimholder with the State and shall constitute
an election by the claim holder to be subject to Federal mining
claim patent procedures administered by the State.
(2) Escrow and subsequent transfer.--During the selection-
transition period, the Federal Government shall escrow all fees
and revenues, if any, due on Federal mining claims on eligible
portions of the National Forest System and on the patent date
transfer those receipts to the State on the patent date to the
account established by the State for purposes of the law
specified in section 3(b)(7).
(3) State duty.--Any mining claims filed on eligible
portions of the National Forest System in a State after the
selection date shall be subject only to the laws of the State.
(f) Transfer of Other Receipts.--Beginning with the fiscal year of
a State after the patent date, escrowed fees and fees from all existing
and future issued special use permits and all other land management
receipts on eligible portions of the National Forest System conveyed to
the State under this Act, net of reasonable cost of administration,
shall be transferred to the State.
(g) Existing Obligations After Patent Date.--On the patent date, a
State shall assume all Federal obligations and duties and receive all
rights of the Forest Service, except that the State shall assume no
obligation for any claim for damages or specific performance relating
to a contract or permit, if such claim arose before the patent date,
unless the State receives the benefit from such an obligation.
SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS
RELATING TO THE TRANSFER.
(a) Hazardous Materials.--As promptly as practicable after the date
of the enactment of this Act, the Secretary shall make available to a
State for review and inspection, all pertinent records relating to
hazardous materials, if any, on eligible portions of the National
Forest System available for selection under this Act. The
responsibility for costs of remedial action related to such materials
shall be borne by those entities responsible under existing law. If no
party responsible for the hazardous materials can be determined,
remediation responsibility and all costs shall remain with the
Secretary and remediation as agreed to by the Commissioner shall be
initiated as soon as practical after the patent date.
(b) Judicial Review.--Selection of land pursuant to this Act shall
not be subject to judicial review in any court of the United States,
except--
(1) to the extent a right of judicial review is conferred
specifically by the United States Constitution;
(2) otherwise conferred by this Act; or
(3) when sought by the State on matters pertaining to
rights conferred by this Act.
(c) Rulemaking.--No formal rules under section 553 of title 5,
United States Code, are required to implement this Act.
(d) Survey.--The patent for and use of eligible portions of the
National Forest System conveyed to a State pursuant to this Act shall
not be subject to completion of a field survey and may be issued based
on a protraction survey. However, the Secretary shall complete a field
survey following patent.
(e) Encumbrances.--For purposes of an orderly transfer of eligible
portions of the National Forest System to State ownership and
transition to State management, the Secretary shall provide a list of
encumbrances and uses of record and otherwise known on the selected
lands to the Commissioner during the selection-transition period. The
lands selected under this Act shall be subject to all existing
encumbrances.
SEC. 7. CONDITIONS ON CHANGES TO LAND MANAGEMENT PLANS REGARDING
MANAGEMENT OF YOUNG-GROWTH STANDS.
(a) Changes Conditioned on Comprehensive Inventory of the Young-
Growth Stands.--Before any change to an applicable land management plan
takes effect that will alter management of young-growth stands covered
by the land management plan, the Secretary shall--
(1) conduct a comprehensive inventory of the young-growth
stands;
(2) provide public notice of the availability of the
comprehensive inventory; and
(3) after such public notice, provide a period of not less
than 90 days for public comment on the comprehensive inventory.
(b) Inventory Requirements.--At a minimum, the comprehensive
inventory required by subsection (a) shall--
(1) include stand-level field work with respect to all
462,000 acres of young-growth timber located within the Tongass
National Forest; and
(2) assess all age classes of timber inventoried for the
purpose of refining inventory and growth data to properly
forecast yields from stands and future economic manufacturing
feasibility with respect to the timber inventoried. | State National Forest Management Act of 2017 This bill directs the Department of Agriculture, through the Forest Service, to convey to a state up to 2 million acres of eligible portions of the National Forest System (NFS) in it that it elects to acquire through enactment by the state legislature of a bill meeting certain criteria. Portions of the NFS conveyed to a state shall be administered and managed primarily for timber production. The bill sets forth conditions that must be met before a change may be made to a land management plan that will alter the management of young-growth stands covered by that plan. | State National Forest Management Act of 2017 |
SECTION 1. TAX CREDIT FOR CARBON DIOXIDE CAPTURED FROM INDUSTRIAL
SOURCES AND USED IN ENHANCED OIL AND NATURAL GAS
RECOVERY.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business credits) is
amended by adding at the end the following new section:
``SEC. 45J. CREDIT FOR CARBON DIOXIDE CAPTURED FROM INDUSTRIAL SOURCES
AND USED AS A TERTIARY INJECTANT IN ENHANCED OIL AND
NATURAL GAS RECOVERY.
``(a) General Rule.--For purposes of section 38, the captured
carbon dioxide tertiary injectant credit for any taxable year is an
amount equal to the product of--
``(1) the credit amount, and
``(2) the qualified carbon dioxide captured from industrial
sources and used as a tertiary injectant in qualified enhanced
oil and natural gas recovery which is attributable to the
taxpayer.
``(b) Credit Amount.--For purposes of this section--
``(1) In general.--The credit amount is $0.75 per 1,000
standard cubic feet.
``(2) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2004, there shall be
substituted for the $0.75 amount under paragraph (1) an amount
equal to the product of--
``(A) $0.75, multiplied by
``(B) the inflation adjustment factor for such
calendar year determined under section 43(b)(3)(B) for
such calendar year, determined by substituting `2003'
for `1990'.
``(c) Qualified Carbon Dioxide.--For purposes of this section--
``(1) In general.--The term `qualified carbon dioxide'
means carbon dioxide captured from an anthropogenic source
that--
``(A) would otherwise be released into the
atmosphere as industrial emission of greenhouse gas,
``(B) is measurable at the source of capture,
``(C) is compressed, treated, and transported via
pipeline,
``(D) is sold as a tertiary injectant in qualified
enhanced oil and natural gas recovery, and
``(E) is permanently sequestered in geological
formations as a result of the enhanced oil and natural
gas recovery process.
``(2) Anthropogenic source.--An anthropogenic source of
carbon dioxide is an industrial source, including any of the
following types of plants, and facilities related to such
plant--
``(A) a coal and natural gas fired electrical
generating power station,
``(B) a natural gas processing and treating plant,
``(C) an ethanol plant,
``(D) a fertilizer plant, and
``(E) a chemical plant.
``(3) Definitions.--
``(A) Qualified enhanced oil and natural gas
recovery.--The term `qualified enhanced oil and natural
gas recovery' has the meaning given such term by
section 43(c)(2).
``(B) Tertiary injectant.--The term `tertiary
injectant' has the same meaning as when used within
section 193(b)(1).
``(d) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Only carbon dioxide captured within the united states
taken into account.--Sales shall be taken into account under
this section only with respect to qualified carbon dioxide of
which is within--
``(A) the United States (within the meaning of
section 638(1)), or
``(B) a possession of the United States (within the
meaning of section 638(2)).
``(2) Recycled carbon dioxide.--The term `qualified carbon
dioxide' includes the initial deposit of captured carbon
dioxide used as a tertiary injectant. Such term does not
include carbon dioxide that is re-captured, recycled, and re-
injected as part of the enhanced oil and natural gas recovery
process.
``(3) Credit attributable to taxpayer.--Any credit under
this section shall be attributable to the person that captures,
treats, compresses, transports and sells the carbon dioxide for
use as a tertiary injectant in enhanced oil and natural gas
recovery, except to the extent provided in regulations
prescribed by the Secretary.''.
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``, plus'', and by adding at
the end of following new paragraph:
``(20) the captured carbon dioxide tertiary injectant
credit determined under section 45J(a).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code (relating to other
credits) is amended by adding at the end the following new section:
``Sec. 45J. Credit for carbon dioxide captured from industrial sources
and used as a tertiary injectant in
enhanced oil and natural gas recovery.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends the Internal Revenue Code to allow a business tax credit for amounts of qualified carbon dioxide captured in the United States from anthropogenic industrial sources (e.g., an ethanol plant, fertilizer plant, or chemical plant) and used as a tertiary injectant in enhanced oil and natural gas recovery. Sets the credit amount at 75 cents (adjusted for inflation) per 1,000 standard cubic feet of the carbon dioxide captured.
Defines "qualified carbon dioxide" as carbon dioxide captured from an anthropogenic source that: (1) would otherwise be released into the atmosphere as industrial emission of greenhouse gas; (2) is measurable at the source of capture; (3) is compressed, treated, and transported by pipeline; (4) is sold as a tertiary injectant in qualified enhanced oil and natural gas recovery; and (5) is permanently sequestered in geological formations as a result of the oil and natural gas recovery process. | To amend the Internal Revenue Code of 1986 to allow a credit for carbon dioxide captured from anthropogenic industrial sources and used as a tertiary injectant in enhanced oil and natural gas recovery. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Localism, Program
Diversity, and Competition in Television Broadcast Service Act of
2003''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The principle of localism is embedded in the
Communications Act in section 307(b) of the Communications Act
of 1934 (47 U.S.C. 307(b)). It has been the pole star for
regulation of the broadcast industry by the Federal
Communications Commission for nearly 70 years.
(2) In the Telecommunications Act of 1996, Congress
directed the Federal Communications Commission to increase the
limitations on national multiple television ownership so that
one party could not own or control television stations whose
aggregate national audience reach exceeded 35 percent. Congress
did so because it recognized that--
(A) further national concentration could not be
undone;
(B) other regulatory changes, such as the repeal by
the Commission of its financial and syndication
regulations, would heighten the power of the national
television networks; and
(C) the independence of non-network-owned stations
would be threatened if network ownership exceeded 35
percent.
(3) If a limit to the national audience reach of television
stations that one party may own or control is not codified at
this time--
(A) further national concentration may occur whose
pernicious effects may be difficult to eradicate; and
(B) the independence of non-network-owned stations
will be threatened, placing local stations in danger of
becoming mere passive conduits for network
transmissions.
(4) A cap on national multiple television ownership will
help preserve localism by limiting the networks ability to
dictate programming aired on local stations.
(5) The landscape of national ownership has changed
dramatically over the past two decades since the time when the
networks were limited to owning just seven television stations
nationwide:
(A) the Commission's financial and syndication
regulations have been repealed;
(B) the networks can own more than one television
station in many local markets;
(C) the networks have embraced programming ventures
from studios to syndication to foreign sales; and
(D) the networks own the most popular cable and
Internet content businesses.
Together these changes have strengthened the networks hands and
given them strong incentives to override local interests.
(6) Unlike non-network-owned stations which are only
concerned with local viewers, network-owned stations have
multiple interests they must consider: national advertising
interests, syndicated programming interests, foreign sales
interests, cable programming interests, and, lastly, local
station interests.
(7) The possibility of further nationalization threatens
the current give-and-take between non-network-owned affiliates
and networks which can result in programming being edited,
scheduled, or promoted in ways that are more appropriate for
local audiences.
(8) As network power has grown in recent years, the
networks have forced affiliation agreements to tilt the balance
of power even more in their favor. Contract provisions encroach
on the ability of non-network-owned affiliates to reject
programming that local stations determine not to be in the best
interests of their local communities, and local stations are penalized
for unauthorized preemptions (as determined by the network) and for
exceeding preemption baskets.
(9) This Act will help to preserve localism in and to
prevent the further nationalization of the television broadcast
service.
(b) Purposes.--The purposes of this Act are--
(1) to promote the values of localism in the television
broadcast service;
(2) to promote diversity of television programming and
viewpoints;
(3) to promote competition; and
(4) to prevent excessive concentration of ownership by
establishing a limit to the national audience reach of the
television stations that any one party may own or control.
SEC. 3. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
(a) Establishment of National Television Multiple Ownership
Limitations.--Part I of Title III of the Communications Act of 1934 is
amended by inserting after section 339 (47 U.S.C. 339) the following
new section:
``SEC. 340. NATIONAL TELEVISION MULTIPLE OWNERSHIP LIMITATIONS.
``(a) National Audience Reach Limitation.--The Commission shall not
permit any license for a commercial television broadcast station to be
granted, transferred, or assigned to any party (including all parties
under common control) if the grant, transfer, or assignment of such
license would result in such party or any of its stockholders,
partners, or members, officers, or directors, directly or indirectly,
owning, operating or controlling, or having a cognizable interest in
television stations which have an aggregate national audience reach
exceeding 35 percent.
``(b) No Grandfathering.--The Commission shall require any party
(including all parties under common control) that holds licenses for
commercial television broadcast stations in excess of the limitation
contained in subsection (a) to divest itself of such licenses as may be
necessary to come into compliance with such limitation within one year
after the date of enactment of this section.
``(c) Section Not Subject to Forbearance.--Section 10 of this Act
shall not apply to the requirements of this section.
``(d) Definitions.--
``(1) National audience reach.--The term `national audience
reach' means--
``(A) the total number of television households in
the Nielsen Designated Market Area (DMA) markets in
which the relevant stations are located, or as
determined under a successor measure adopted by the
Commission to delineate television markets for purposes
of this section; divided by
``(B) the total national television households as
measured by such DMA data (or such successor measure)
at the time of a grant, transfer, or assignment of a
license.
No market shall be counted more than once in making this
calculation.
``(2) Cognizable interest.--Except as may otherwise be
provided by regulation by the Commission, the term `cognizable
interest' means any partnership or direct ownership interest
and any voting stock interest amounting to 5 percent or more of
the outstanding voting stock of a licensee.''.
(b) Conforming Amendment.--Section 202(c)(1) of the
Telecommunications Act of 1934 (Public Law 104-104; 110 Stat. 111) is
amended--
(1) by striking ``its regulations'' and all that follows
through ``by eliminating'' and inserting ``its regulations (47
CFR 73.3555) by eliminating'';
(2) by striking ``; and'' at the end of subparagraph (A)
and inserting a period; and
(3) by striking subparagraph (B). | Preservation of Localism, Program Diversity, and Competition in Television Broadcast Service Act of 2003 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission from permitting any license for a commercial television broadcast station to be granted, transferred, or assigned to any party if such action would result in that party owning, operating, controlling, or having a cognizable interest in stations which have an aggregate national audience reach exceeding 35 percent. Requires any party currently having licenses in excess of such limit to divest as necessary to comply with such limit within one year. | To amend the Communications Act of 1934 to preserve localism, to foster and promote the diversity of television programming, to foster and promote competition, and to prevent excessive concentration of ownership of the nation's television broadcast stations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Choice and Security Act of
1996''.
SEC. 2. AVAILABILITY OF DEFINED CONTRIBUTION PLAN OPTION FOR
PARTICIPANTS IN DEFINED BENEFIT PLANS.
(a) Amendment to the Employee Retirement Income Security Act of
1974.--Section 206 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1056) is amended by adding at the end the following new
subsection:
``(g) Availability of Defined Contribution Plan Option for
Participants in Defined Benefit Plans.--
``(1) In general.--Each defined benefit plan to which an
employer makes contributions shall provide (in such form and
manner as may be provided in regulations prescribed jointly by
the Secretary and the Secretary of the Treasury) for an
opportunity for each participant employed by such employer to
elect, in lieu of coverage under the defined benefit plan and
before any election made by the employer under such plan
pursuant to subsection (c), coverage under a defined
contribution plan maintained in whole or in part by the
participant's employer. An employer making contributions to a
defined benefit plan shall maintain for his employees a defined
contribution plan to the extent necessary to provide for
coverage under such defined contribution plan pursuant to
elections under this subsection.
``(2) Required level of contributions.--The requirements of
paragraph (1) shall not be treated as met unless the defined
contribution plan with respect to which an election is made
under paragraph (1) provides for contributions (other than
employee contributions (if any)) at least equivalent to the
contributions (other than employee contributions (if any))
provided for under the terms of the defined benefit plan.
``(3) Required election period.--The requirements of
paragraph (1) shall not be treated as met unless the defined
benefit plan provides that an election under paragraph (1) may
be made at any time during the 90-day period beginning with the
later of--
``(A) the commencement of the first plan year to
which this subsection applies, or
``(B) the commencement of the employee's service
under the plan.''.
(b) Amendments to the Internal Revenue Code of 1986.--Subsection
(a) of section 401 of the Internal Revenue Code of 1986 (relating to
requirements for qualification) is amended by inserting after paragraph
(34) the following new paragraph:
``(35) Availability of defined contribution plan option for
participants in defined benefit plans.--
``(A) In general.--A trust forming a part of a
defined benefit plan to which an employer makes
contributions shall not constitute a qualified trust
under this section unless--
``(i) the plan provides (in such form and
manner as may be provided in regulations
prescribed jointly by the Secretary and the
Secretary of Labor) for an opportunity for each
participant employed by such employer to elect,
in lieu of coverage under the defined benefit
plan and before any election made by the
employer under such plan pursuant to section
417, coverage under a defined contribution plan
maintained in whole or in part by the
participant's employer, and
``(ii) the defined benefit plan provides
that each employer making contributions to the
plan maintains for his employees a defined
contribution plan to the extent necessary to
provide for coverage under such defined contribution plan pursuant to
elections under this paragraph.
``(B) Required level of contributions.--The
requirements of subparagraph (A) shall not be treated
as met unless the defined contribution plan with
respect to which an election is made under subparagraph
(A) provides for contributions (other than employee
contributions (if any)) at least equivalent to the
contributions (other than employee contributions (if
any)) provided for under the terms of the defined
benefit plan.
``(C) Required election period.--The requirements
of subparagraph (A) shall not be treated as met unless
the defined benefit plan provides that an election
under subparagraph (A) may be made at any time during
the 90-day period beginning with the later of--
``(i) the commencement of the first plan
year to which this paragraph applies, or
``(ii) the commencement of the employee's
service under the plan.''.
(c) Effective Dates.--
(1) General rule.--The amendments made by this section
shall apply to plan years beginning after December 31, 1996.
(2) Special rule for collective bargaining agreements.--In
the case of a defined benefit plan maintained pursuant to one
or more collective bargaining agreements between employee
organizations and one or more employers ratified before the
date of the enactment of this Act, the amendments made by this
section shall not apply to plan years beginning before the
later of--
(A) the date on which the last of the collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of the enactment of this Act),
or
(B) January 1, 1999.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by this section shall not be treated as a termination of
such collective bargaining agreement.
SEC. 3. TIMELY INVESTMENT OF PLAN CONTRIBUTIONS.
(a) In General.--Section 404 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1104) is amended by adding at the end
the following new subsection:
``(e) Any failure, by a person who is a fiduciary with respect to a
pension plan and who has discretionary authority respecting investment
of amounts contributed to the plan, to ensure that amounts contributed
to the plan are invested, in accordance with the terms of the plan and
this title, before 15 days after the calendar month in which such
amounts are received by the plan, shall be treated as a breach of
fiduciary duties under the plan.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to plan years beginning on December 31, 1996.
SEC. 4. INCREASE IN PENALTY FOR EARLY DISTRIBUTIONS FROM PENSION PLANS.
(a) In General.--Paragraph (1) of section 72(t) of the Internal
Revenue Code of 1986 (relating to imposition of additional tax) is
amended by striking ``10 percent'' and all that follows and inserting
``100 percent of the portion of such distribution which would (but for
the following sentence) be includible in gross income. A distribution
on which tax is imposed by the preceding sentence shall not be
includible in gross income.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to distributions after December 31, 1996. | Pension Choice and Security Act of 1996 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to require the availability of a defined contribution plan option for participants in defined benefit plans.
Amends ERISA to require timely investment by fiduciaries of pension plan contributions.
Amends the IRC to increase the penalty for early distributions from pension plans. | Pension Choice and Security Act of 1996 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Power Act Amendments of
1999''.
SEC. 2. CLARIFICATION OF JURISDICTION.
(a) Declaration of Policy.--Section 201(a) of the Federal Power Act
(16 U.S.C. 824(a)) is amended by--
(1) inserting after ``transmission of electric energy in
interstate commerce'' the following: ``, including the
unbundled transmission of electric energy sold at retail,'';
and
(2) striking ``such Federal regulation, however, to extend
only to those matters which are not subject to regulation by
the States.'' and inserting the following: ``such Federal
regulation shall not extend, however, to the bundled retail
sale of electric energy or to unbundled local distribution
service, which are subject to regulation by the States.''.
(b) Application of Part.--Section 201(b) of the Federal Power Act
(16 U.S.C. 824(b)(1)) is amended by--
(1) inserting after ``the transmission of electric energy
in interstate commerce'' the following: ``, including the
unbundled transmission of electric energy sold at retail,'';
and
(2) adding at the end the following:
``(3) The Commission, after consulting with the appropriate
State regulatory authorities, shall determine, by rule or
order, which facilities used for the transmission and delivery
of electric energy are used for transmission in interstate
commerce subject to the jurisdiction of the Commission under
this Part, and which are used for local distribution subject to
State jurisdiction.''.
(c) Definition of Interstate Commerce.--Section 201(c) of the
Federal Power Act (16 U.S.C. 824(c)) is amended by inserting after
``outside thereof'' the following: ``(including consumption in a
foreign country)''.
(d) Definitions of Types of Sales.--Section 201(d) of the Federal
Power Act (16 U.S.C. 824(d)) is amended by--
(1) inserting ``(1) after the subsection designation;
(2) adding at the end the following:
``(2) The term `bundled retail sale of electric energy'
means the sale of electric energy to an ultimate consumer in
which the generation and transmission service are not sold
separately.
``(3) The term `unbundled local distribution service' means
the delivery of electric energy to an ultimate consumer if--
``(A) the electric energy and the service of
delivering it are sold separately, and
``(B) the delivery uses facilities for local
distribution as determined by the Commission under
subsection (b)(3).
``(4) The term `unbundled transmission of electric energy
sold at retail' means the transmission of electric energy to an
ultimate consumer if--
``(A) the electric energy and the service of
transmitting it are sold separately, and
``(B) the transmission uses facilities for
transmission in interstate commerce as determined by
the Commission under subsection (b)(3).''.
(e) Definitions of Public Utility.--Section 201 of the Federal
Power Act (16 U.S.C. 824) is amended by striking subsection (e) and
inserting the following:
``(e) The term `public utility' when used in this Part or in the
Part next following means--
``(1) any person who owns or operates facilities subject to
the jurisdiction of the Commission under this Part (other than
facilities subject to such jurisdiction solely by reason of
section 210, 211, or 212); or
``(2) any electric utility or Federal power marketing
agency not otherwise subject to the jurisdiction of the
Commission under this Part, including--
``(A) the Tennessee Valley Authority,
``(B) a Federal power marketing agency,
``(C) a State or any political subdivision of a
State, or any agency, authority, or instrumentality of
a State or political subdivision,
``(D) a corporation or association that has ever
received a loan for the purpose of providing electric
service from the Administrator of the Rural
Electrification Administration or the Rural Utilities
Service under the Rural Electrification Act of 1936; or
``(E) any corporation or association which is
wholly owned, directly or indirectly, by any one or
more of the foregoing,
but only with respect to determining, fixing, and otherwise
regulating the rates, terms, and conditions for the
transmission of electric energy under this Part (including
sections 217, 218, and 219).''.
(f) Application of Part to Government Utilities.--Section 201(f) of
the Federal Power Act (16 U.S.C. 824(f)) is amended by striking ``No
provision'' and inserting ``Except as provided in subsection (e)(2) and
section 3(23), no provision''.
(g) Definition of Transmitting Utility.--Section 3 of the Federal
Power Act (16 U.S.C. 796) is amended by striking paragraph (23) and
inserting the following:
``(23) Transmitting utility.--The term `transmitting
utility' means any electric utility, qualifying cogeneration
facility, qualifying small power production facility, Federal
power marketing agency, or any public utility, as defined in
section 201(e)(2), that owns or operates electric power
transmission facilities which are used for the sale of electric
energy.''.
SEC. 3. FEDERAL WHEELING AUTHORITY.
(a) Commission Authority To Order Retail Wheeling.--
(1) Section 211(a) of the Federal Power Act (16 U.S.C.
824j(a)) is amended by striking ``for resale''.
(2) Section 212(a) of the Federal Power Act (16 U.S.C.
824k(a)) is amended by striking ``wholesale transmission
services'' each place it appears and inserting ``transmission
services''.
(3) Section 212(g) of the Federal Power Act (16 U.S.C.
824k(g)) is repealed.
(b) Limitation on Commission Authority To Order Retail Wheeling.--
Section 212 of the Federal Power Act (16 U.S.C. 824k) is further
amended by striking subsection (h) and inserting the following:
``(h) Limitation on Commission Authority To Order Retail
Wheeling.--No rule or order issued under this Act shall require or be
conditioned upon the transmission of electric energy:
``(1) directly to an ultimate consumer in connection with a
sale of electric energy to the consumer unless the seller of
such energy is permitted or required under applicable State law
to make such sale to such consumer, or
``(2) to, or for the benefit of, an electric utility if
such electric energy would be sold by such utility directly to
an ultimate consumer, unless the utility is permitted or
required under applicable State law to sell electric energy to
such ultimate consumer.''.
(c) Conforming Amendment.--Section 3 of the Federal Power Act (16
U.S.C. 796) is amended by striking paragraph (24) and inserting the
following:
``(24) Transmission services.--The term `transmission
services' means the transmission of electric energy in
interstate commerce.''.
SEC. 4. STATE AUTHORITY TO ORDER RETAIL ACCESS.
Part II of the Federal Power Act is further amended by adding at
the end the following:
``SEC. 215. STATE AUTHORITY TO ORDER RETAIL ACCESS.
``(a) State Authority.--Neither silence on the part of Congress nor
any Act of Congress shall be construed to preclude a State or State
commission, acting under authority of state law, from requiring an
electric utility subject to its jurisdiction to provide unbundled local
distribution service to any electric consumer within such State.
``(b) Nondiscriminatory Service.--If a State or State commission
permits or requires an electric utility subject to its jurisdiction to
provide unbundled local distribution service to any electric consumer
within such State, the electric utility shall provide such service on a
not unduly discriminatory basis. Any law, regulation, or order of a
State or State commission that results in unbundled local distribution
service that is unjust, unreasonable, unduly discriminatory, or
preferential is hereby preempted.
``(c) Reciprocity.--Notwithstanding subsection (b), a State or
state commission may bar an electric utility from selling electric
energy to an ultimate consumer using local distribution facilities in
such State if such utility or any of its affiliates owns or controls
local distribution facilities and is not itself providing unbundled
local distribution service.
``(d) State Charges.--Nothing in this Act shall prohibit a State or
State regulatory authority from assessing a nondiscriminatory charge on
unbundled local distribution service within the State, the retail sale
of electric energy within the State, or the generation of electric
energy for consumption by the generator within the State.''.
SEC. 5. UNIVERSAL AND AFFORDABLE SERVICE.
Part II of the Federal Power Act is further amended by adding at
the end the following:
``SEC. 216. UNIVERSAL AND AFFORDABLE SERVICE.
``(a) Sense of the Congress.--It is the sense of the Congress
that--
``(1) every consumer of electric energy should have access
to electric energy at reasonable and affordable rates, and
``(2) the Commission and the States should ensure that
competition in the electric energy business does not result in
the loss of service to rural, residential, or low-income
consumers.
``(b) Consideration and Reports.--Any State or State commission
that requires an electric utility subject to its jurisdiction to
provide unbundled local distribution service shall--
``(1) consider adopting measures to--
``(A) ensure that every consumer of electric energy
within such State shall have access to electric energy
at reasonable and affordable rates, and
``(B) prevent the loss of service to rural,
residential, or low-income consumers; and
``(2) report to the Commission on any measures adopted
under paragraph (1).''.
SEC. 6. NATIONAL ELECTRIC RELIABILITY STANDARDS.
Part II of the Federal Power Act is further amended by adding at
the end the following:
``SEC. 217. NATIONAL ELECTRIC RELIABILITY STANDARDS.
``(a) Reliability Standards.--The Commission shall establish and
enforce national electric reliability standards to ensure the
reliability of the electric transmission system.
``(b) Designation of National and Regional Councils.--
``(1) For purposes of establishing and enforcing national
electric reliability standards under subsection (a), the
Commission may designate an appropriate number of regional
electric reliability councils composed of electric utilities or
transmitting utilities, and one national electric reliability
council composed of designated regional electric reliability
councils, whose mission is to promote the reliability of
electric transmission system.
``(2) The Commission shall not designate a regional
electric reliability council unless the Commission determines
that the council--
``(A) permits open access to membership from all
entities engaged in the business of selling,
generating, transmitting, or delivering electric energy
within its region;
``(B) provides fair representation of its members
in the selection of its directors and the management of
its affairs; and
``(C) adopts and enforces appropriate standards of
operation designed to promote the reliability of the
electric transmission system.
``(c) Incorporation of Council Standards.--The Commission may
incorporate, in whole or in part, the standards of operation adopted by
the regional and national electric reliability councils in the national
electric reliability standards adopted by the Commission under
subsection (a).
``(d) Enforcement.--The Commission may, by rule or order, require
any public utility or transmitting utility to comply with any standard
adopted by the Commission under this section.
SEC. 7. SITING NEW INTERSTATE TRANSMISSION FACILITIES.
Part II of the Federal Power Act is further amended by adding at
the end the following:
``SEC. 218. SITING NEW INTERSTATE TRANSMISSION FACILITIES.
``(a) Commission Authority.--Whenever the Commission, after notice
and opportunity for hearing, finds such action necessary or desirable
in the public interest, it may order a transmitting utility to enlarge,
extend, or improve its facilities for the interstate transmission of
electric energy.
``(b) Procedure.--The Commission may commence a proceeding for the
issuance of an order under subsection (a) upon the application of an
electric utility, transmitting utility, or state regulatory authority,
or upon its own motion.
``(c) Compliance With Other Laws.--Commission action under this
section shall be subject to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and all other applicable state and
federal laws.
``(d) Use of Joint Boards.--Before issuing an order under
subsection (a), the Commission shall refer the matter to a joint board
appointed under section 209(a) for advice and recommendations on the
need for, design of, and location of the proposed enlargement,
extension, or improvement. The Commission shall consider the advice and
recommendations of the Board before ordering such enlargement,
extension, or improvement.
``(e) Limitation on Authority.--The Commission shall have no
authority to compel a transmitting utility to extend or improve its
transmission facilities if such enlargement, extension, or improvement
would unreasonably impair the ability of the transmitting utility to
render adequate service to its customers.''.
SEC. 8. REGIONAL INDEPENDENT SYSTEM OPERATORS.
Part II of the Federal Power Act is further amended by adding at
the end the following:
``SEC. 219. REGIONAL INDEPENDENT SYSTEM OPERATORS.
``(a) Regional Transmission Systems.--Whenever the Commission finds
such action necessary or desirable in the public interest to ensure the
fair and non-discriminatory access to transmission services within a
region, the Commission may order the formation of a regional
transmission system and may order any transmitting utility operating
within such region to participate in the regional transmission system.
``(b) Oversight Board.--The Commission shall appoint a regional
oversight board to oversee the operation of the regional transmission
system. Such oversight board shall be composed of a fair representation
of all of the transmitting utilities participating in the regional
transmission system, electric utilities and consumers served by the
system, and State regulatory authorities within the region. The
regional oversight board shall ensure that the independent system
operator formulates policies, operates the system, and resolves
disputes in a fair and non-discriminatory manner.
``(c) Independent System Operator.--The regional oversight board
shall appoint an independent system operator to operate the regional
transmission system. No independent system operator shall--
``(1) own generating facilities or sell electric energy, or
``(2) be subject to the control of, or have a financial
interest in, any electric utility or transmitting utility
within the region served by the independent system operator.
``(d) Commission Rules.--The Commission shall establish rules
necessary to implement this section.''.
SEC. 9. ENFORCEMENT.
``(a) General Penalties.--Section 316(c) of the Federal Power Act
(16 U.S.C. 825o(c)) is amended by--
(1) striking ``subsection'' and inserting ``section''; and
(2) striking ``or 214'' and inserting: ``214, 217, 218, or
219''.
``(b) Civil Penalties.--Section 316A of the Federal Power Act (16
U.S.C. 825o-1) is amended by striking ``or 214'' each place it appears
and inserting: ``214, 217, 218, or 219''.
SEC. 10. AMENDMENT TO THE PUBLIC UTILITY REGULATORY POLICIES ACT.
Section 210 of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 824a-3) is amended by adding at the end the following:
``(m) Protection of Existing Wholesale Power Purchase Contracts.--
No State or State regulatory authority may bar a State regulated
electric utility from recovering the cost of electric energy the
utility is required to purchase from a qualifying cogeneration facility
or qualifying small power production facility under this section.''. | (Sec. 2) Requires FERC, after consulting with appropriate State regulatory authorities, to determine by rule or order which electric energy transmission and delivery facilities are used for transmission in interstate commerce, subject to FERC jurisdiction, and which are used for local distribution subject to State jurisdiction.
Redefines the transmission of electric energy in interstate commerce to include electric energy that will be consumed in a foreign country.
Includes among public utilities subject to FERC jurisdiction over electric energy transmission any electric utility or Federal power marketing agency (including the Tennessee Valley Authority (TVA)), municipal utilities, and rural electric cooperatives not otherwise subject to FERC.
Redefines a transmitting utility to include any public utility, qualifying cogeneration facility, qualifying small power production facility, or Federal power marketing agency that owns or operates electric power transmission facilities used for electric energy sales.
(Sec. 3) Authorizes any person generating electric energy for sale (currently only for resale) to apply to FERC for an order requiring a transmitting utility to provide transmission services (currently only wholesale transmission services) to the applicant.
Repeals the prohibition against mandatory retail wheeling and sham wholesale transactions.
Limits FERC authority to order retail wheeling to sales permitted or required by State law.
(Sec. 4) Declares that neither the silence of the Congress nor any Act of the Congress shall be construed to preclude a State or State commission, acting under State law, from requiring an electric utility subject to its jurisdiction to provide unbundled local distribution service to any electric consumer within such State.
Requires any electric utility permitted or required by a State to provide unbundled local distribution service to any electric consumer within such State, to do so on a not unduly discriminatory basis. Preempts any State law, regulation, or order that results in unbundled local distribution service that is unjust, unreasonable, unduly discriminatory, or preferential.
Authorizes a State or State commission to bar an electric utility from selling electric energy to an ultimate consumer using local distribution facilities if such utility or any of its affiliates owns or controls local distribution facilities and is not itself providing unbundled local distribution service.
Declares that nothing in this Act shall prohibit a State or State regulatory authority from assessing a nondiscriminatory charge on unbundled local distribution service, the retail sale of electric energy, or the generation of electric energy for consumption by the generator within the State.
(Sec. 5) Expresses the sense of the Congress that: (1) every electric energy consumer should have access to electric energy at reasonable and affordable rates; and (2) FERC and the States should ensure that competition in the electric energy business does not result in the loss of service to rural, residential, or low-income consumers.
Requires any State or State commission that requires an electric utility subject to its jurisdiction to provide unbundled local distribution service to: (1) consider adopting measures to implement such policy; and (2) report to FERC on any measures so adopted.
(Sec. 6) Instructs FERC to establish and enforce national electric reliability standards to ensure the reliability of the electric transmission system. Authorizes FERC to: (1) designate national and regional councils to promote such reliability; (2) incorporate into its own standards the operational standards adopted by such councils; and (3) enforce compliance with such standards on the part of any public or transmitting utility.
(Sec. 7) Prescribes procedural guidelines under which FERC may order a transmitting utility to broaden or improve its facilities for the interstate transmission of electric energy.
(Sec. 8) Authorizes FERC to order the formation of a regional transmission system, and to order any transmitting utility operating within such region to participate in it. Requires FERC to appoint a regional oversight board to oversee such system operation, and such board to appoint an independent system operator to operate the system.
(Sec. 9) Establishes civil penalties for violations of this Act.
(Sec. 10) Amends the Public Utility Regulatory Policies Act of 1978 to prohibit any State or State authority from barring a State regulated electric utility from recovering the cost of electric energy the utility is required to purchase from a qualifying cogeneration facility or qualifying small power production facility. | Federal Power Act Amendments of 1999 |
SECTION 1. SHORT TITLE; REFERENCE TO SOCIAL SECURITY ACT.
(a) Short Title.--This Act may be cited as the ``Medicaid
Eligibility Simplification Act.''
(b) Reference to Social Security Act.--Except as otherwise
specifically provided, whenever in this Act an amendment is expressed
in terms of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or other
provision of the Social Security Act.
SEC. 2. COVERAGE OF PREGNANCY RELATED SERVICES FOR ALIEN WOMEN DURING
PREGNANCY.
(a) In General.--Section 1903(v) (42 U.S.C. 1396b(v)) is amended--
(1) in paragraph (1) by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2) by striking ``only'';
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following new
paragraph:
``(3) Payment shall be made under this section for care and
services that are furnished, at the option of the State, to an alien
woman described in paragraph (1) during pregnancy if--
``(A) such care and services would be available to a woman
described in section 1902(l)(1)(A), and
``(B) such alien woman otherwise meets the eligibility
requirements for medical assistance under the State plan
approved under this title (other than the requirement of the
receipt of aid or assistance under title IV, supplemental
security income benefits under title XVI, or a State
supplementary payment).''.
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 3. SIMPLIFICATION OF APPLICATION PROCESS FOR ALIENS.
(a) In General.--Section 1902 (42 U.S.C. 1396a) is amended by
adding at the end the following new subsection:
``(z) Notwithstanding any other provision of law, in order to meet
the requirements of subsection (a)(46) and section 1137 a State may
provide that the signature of an adult representative of each household
that is applying for medical assistance under this title is sufficient
to comply with any provisions of Federal law requiring household
members to sign the application or statements in connection with the
application process for such medical assistance, but only if such
representative certifies in writing, under penalty of perjury, that the
information contained in the application for medical assistance is true
and that all members of the household applying for such medical
assistance are either citizens or nationals of the United States or are
eligible to receive such assistance under this title.''.
(b) Conforming Amendment.--Section 1902(a)(46) (42 U.S.C.
1936a(a)(46)) is amended by inserting ``except as provided in
subsection (z),'' after ``(46)''.
(c) Effective Date.--The amendments made by this section shall
apply to applications for medical assistance under title XIX of the
Social Security Act beginning on or after October 1, 1993.
SEC. 4. ELIGIBILITY DETERMINATIONS FOR CERTAIN MONTHS IN THE CASE OF
INDIVIDUALS WITH WEEKLY OR BIWEEKLY INCOME.
(a) In General.--Section 1611(c) (42 U.S.C. 1382(c)) is amended--
(1) in paragraph (1), by inserting ``(subject to paragraph
(8))'' after ``An individual's eligibility for a benefit under
this title for a month''; and
(2) by adding at the end the following new paragraph:
``(8)(A) If an individual is paid or otherwise receives income in
any month on a regular weekly or biweekly basis (or is deemed under
section 1614(f) to have income so paid or received), the determination
under paragraph (1) of an individual's eligibility for benefits under
this title for such month shall be made by treating such amounts as
having been paid or received on a monthly basis at the same annual rate
if such treatment would result in the individual becoming eligible for
such benefits.
``(B) For purposes of subparagraph (A)--
``(i) the annual rate of income being paid to or received
by an individual on a weekly basis in any month is 52 times the
amount of the weekly income during such month (or of the
average weekly income, if there is a change in the actual
weekly rate during such month), and the annual rate of income
being paid to or received by an individual on a biweekly basis
in any month is 26 times the amount of the biweekly income
during such month (or of the average biweekly income, if there
is a change in the actual biweekly rate during such month); and
``(ii) the amount of such income to be considered as being
paid to or received by an individual on a regular monthly basis
at the `same annual rate' (in such month) is \1/12\ of the
annual rate determined under clause (i) with respect to the
weekly or biweekly income involved.''.
(b) Effective Date.--The amendments made by this section shall
become effective with respect to determinations of eligibility
beginning on or after October 1, 1993.
SEC. 5. OPTIONAL REPORTING REQUIREMENTS UNDER MEDICAID TRANSITIONAL
MEDICAL ASSISTANCE.
(a) In General.--Section 1925(b)(2)(B) (42 U.S.C. 1396r-6(b)(2)(B))
is amended--
(1) in clause (i), by striking ``Each State shall'' and
inserting ``A State may''; and
(2) in clause (ii), by striking ``Each State shall'' and
inserting ``A State may''.
(b) Conforming Amendments.--Section 1925 (42 U.S.C. 1396r-6) is
amended--
(1) in subsection (a)(2)(A), by inserting ``, if any,''
after ``subsection (b)(2)(B)(i)'';
(2) in subsection (b)(1), by inserting ``, if any,'' after
``paragraph (2)(B)(i)'';
(3) in subsection (b)(2)(A)(i), by inserting ``if any,''
after ``subparagraph (B)(i),'' and ``subparagraph (B)(ii),'';
(4) in subsection (b)(2)(A)(ii), by inserting ``, if any,''
after ``subparagraph (B)(ii)'';
(5) in subsection (b)(3)(A)(iii), by inserting ``the State
does not require the reporting of such information, or'' after
``unless''; and
(6) the last sentence of subsection (b)(3)(A), is amended
to read as follows: ``If a State requires a family to report
information under paragraph (2)(B)(ii), the State shall make
determinations under clause (iii)(III) for a family each time
such a report is received.''.
(c) Effective Date.--The amendments made by this section shall
apply to eligibility determinations for calendar quarters beginning on
or after October 1, 1993.
SEC. 6. PRESUMPTIVE ELIGIBILITY FOR PREGNANT WOMEN.
(a) Qualified Provider.--Section 1920 (42 U.S.C. 1396r-1) is
amended in subsection (b)(2) by inserting ``any individual who is
employed by the State and who is determined by the State agency to be
capable of making determinations of the type described in paragraph
(1)(A) or'' after ``the term `qualified provider' means''.
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 7. MODIFICATION TO INCOME REQUIREMENTS FOR PREGNANT WOMEN AND
COVERAGE FOR REPRODUCTIVE HEALTH SERVICES.
(a) Coverage for Reproductive Health Services.--Section 1902(e)(6)
(42 U.S.C. 1396a(e)(6)) is amended--
(1) by striking ``(6) In the case'' and inserting ``(6)(A)
In the case'';
(2) by inserting ``and, with respect to reproductive health
services (as defined in subparagraph (B)), such woman shall be
deemed to continue to be an individual described in subsection
(a)(10)(A)(i)(IV) and subsection (l)(1)(A) without regard to
such change of income through the last day of the month in
which the 18-month period (beginning with the month following
the month in which occurs the last day of her pregnancy) ends''
after ``her pregnancy) ends''; and
(3) by adding at the end the following new subparagraph:
``(B) For purposes of this paragraph, the term ``reproductive
health services'' means--
``(i) services related to contraception (including
contraceptive supplies), voluntary sterilization, screening for
sexually transmitted diseases and cancer of the reproductive
system, preconceptional risk assessment and care, maternity
care (including prenatal, delivery, and postnatal care), and
``(ii) services providing information and education
necessary to the effectiveness of the services described in
clause (i).
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 8. MEDICARE PREMIUMS AND COST-SHARING FOR MEDICALLY NEEDY
INDIVIDUALS.
(a) In General.--Section 1905(p)(1)(B) (42 U.S.C. 1396d(p)(1)(B))
is amended by inserting ``or, at the option of the State, who is
eligible under section 1902(a)(10)(C)'' after ``paragraph (2)''.
(b) Effective Date.--The amendments made by this section shall
apply to payments under title XIX of the Social Security Act for
calendar quarters beginning on or after October 1, 1993.
SEC. 9. CLARIFICATION OF INCOME METHODOLOGY USED IN DETERMINING
ELIGIBILITY OF CERTAIN MEDICALLY NEEDY INDIVIDUALS FOR
MEDICAID BENEFITS.
(a) In General.--Section 1903(f) (42 U.S.C. 1396b(f)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) With respect to the methodology to be used in
determining income and resource eligibility for individuals
under section 1902(a)(10)(C)(i)(III), the applicable income
limitation described in paragraph (1)(B) shall be compared to
the adjusted income of such individuals after the State income
methodology has been applied, including methodology allowed
under section 1902(r)(2).''.
(b) Conforming Amendment.--Section 1903(f)(1)(A) (42 U.S.C.
1396b(f)(1)(A)) is amended by striking ``(4)'' and inserting ``(5)''. | Medicaid Eligibility Simplification Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to: (1) permit States to extend Medicaid coverage of prenatal care services to alien pregnant women who are neither officially nor under color of law permanent residents of the United States, but who are otherwise eligible for medical assistance under Medicaid; and (2) provide for simplification of the application process for enrollment in Medicaid.
Amends SSA title XVI (Supplemental Security Income) (SSI) to preserve the Medicaid and SSI eligibility of individuals who would otherwise become ineligible for Medicaid benefits and SSI payments due to their receipt of weekly or biweekly income.
Amends the Medicaid program: (1) to make optional currently mandatory reporting requirements under program provisions extending Medicaid coverage to eligible families making the transition from welfare to work; (2) with respect to program provisions concerning presumptive eligibility for pregnant women to include as a qualified provider any individual employed by the State and capable of making determinations of the type described under such provisions; (3) to revise the definition of qualified Medicare beneficiary and income requirements relating to pregnant women and coverage of reproductive health services; and (4) with respect to the income methodology used in determining the eligibility of certain individuals for Medicaid benefits. | Medicaid Eligibility Simplification Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Heroes Vote Act of 2013''.
SEC. 2. PROVISION OF INFORMATION TO ELECTION OFFICIALS ON DEPLOYMENTS
OF ABSENT UNIFORMED SERVICES VOTERS.
(a) Requiring Secretary of Defense To Provide Information.--Section
101(b) of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff(b)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) to the greatest extent practicable, notify the
appropriate election official of the State in which an absent
uniformed services voter is registered to vote of any change in
the current mailing address of the voter which results from the
voter being deployed on active duty for a period of more than
30 days from the voter's permanent duty station or redeployed
from such a deployment without first returning to the voter's
permanent duty station.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to deployments or redeployments occurring on or
after the date of the enactment of this Act.
SEC. 3. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``except
as provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure To Meet
Requirement.--Section 102 of such Act (42 U.S.C. 1973ff-1), as amended
by subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by
the voter by express delivery, except that in the case of an
absentee ballot of an absent uniformed services voter for a
regularly scheduled general election for Federal office, the
State may satisfy the requirement of this paragraph by
notifying the voter of the procedures for the collection and
delivery of such ballots under section 103A.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A)
of such Act (42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after January 1, 2014.
SEC. 4. ESTABLISHMENT OF ALTERNATIVE PROCEDURES TO ACCEPT AND PROCESS
ABSENTEE BALLOTS OF MILITARY VOTERS AND OVERSEAS CITIZENS
IN EVENT OF MAJOR DISASTERS.
(a) Responsibilities of State Election Officials.--Section 102(a)
of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-1(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) establish procedures to ensure the effective and
timely acceptance and processing of absentee ballots
transmitted by absent uniformed services voters and overseas
voters in the event of a major disaster (as defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) in the State.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections for Federal office held on or after the
date of the enactment of this Act.
SEC. 5. PROHIBITION OF REFUSAL TO ACCEPT VOTER REGISTRATION AND
ABSENTEE BALLOT APPLICATIONS FROM OVERSEAS VOTERS ON
GROUNDS OF EARLY SUBMISSION.
Section 104 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-3) is amended--
(1) by inserting ``or overseas voter'' after ``absent
uniformed services voter''; and
(2) by striking ``uniformed services.'' and inserting
``uniformed services or who do not reside outside the United
States.''.
SEC. 6. ADDITIONAL FUNDING TO CARRY OUT UOCAVA.
(a) Funding.--There are authorized to be appropriated to the
Presidential designee under the Uniformed and Overseas Citizens
Absentee Voting Act $25,000,000 to carry out the requirements of such
Act.
(b) Treatment of Funds.--Any amounts appropriated pursuant to the
authorization under subsection (a)--
(1) shall be in addition to any other amounts appropriated
to the Presidential designee under the Uniformed and Overseas
Citizens Absentee Voting Act pursuant to any other
authorization under law; and
(2) shall remain available until expended. | Helping Heroes Vote Act of 2013 - Amends the Uniformed and Overseas Citizens Absentee Voting Act (the Act) to direct the Secretary of Defense (DOD) to notify the appropriate election official of the state in which a servicemember is registered to vote of any change in the servicemember's current mailing address due to being deployed on active duty for more than 30 days away from his or her permanent duty station or being redeployed without first returning to such duty station. Repeals a state's authority to waive ballot transmission requirements with respect to absentee military voters and overseas citizens who request such ballots within 45 days of a federal election. Requires the use of express delivery in the case of a failure to meet such requirement. Requires each state to establish alternative procedures to accept and process absentee ballots of military voters and overseas citizens in the event of a major disaster in that state. Prohibits a state from refusing to accept voter registration and absentee ballot applications from overseas voters (under current law, only from absent servicemember voters) on the grounds of early submission. Authorizes additional funding to carry out the Act. | Helping Heroes Vote Act of 2013 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Emergency Student
Loan Consolidation Act of 1997''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
SEC. 2. LOAN CONSOLIDATION PROVISIONS.
(a) Definition of Loans Eligible for Consolidation.--Section
428C(a)(4) (20 U.S.C. 1078-3(a)(4)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) made under part D of this title, except that
loans made under such part shall be eligible student
loans only for consolidation loans for which the
application is received by an eligible lender during
the period beginning on the date of enactment of the
Emergency Student Loan Consolidation Act of 1997 and
ending on October 1, 1998;''.
(b) Terms of Consolidation Loans.--Section 428C(b)(4)(C)(ii) is
amended--
(1) in subclause (I), by inserting after ``consolidation
loan'' the following: ``for which the application is received
by an eligible lender before the date of enactment of the
Emergency Student Loan Consolidation Act of 1997, or on or
after October 1, 1998,'' ;
(2) by striking ``or'' at the end of subclause (I);
(3) by inserting ``or (II)'' before the semicolon at the
end of subclause (II);
(4) by redesignating subclause (II) as subclause (III); and
(5) by inserting after subclause (I) the following new
subclause:
``(II) by the Secretary, in the case of a
consolidation loan for which the application is
received by an eligible lender on or after the
date of enactment of the Emergency Student Loan
Consolidation Act of 1997 and before October 1,
1998, except that the Secretary shall pay such
interest only on that portion of the loan that
repays Federal Stafford Loans for which the
student borrower received an interest subsidy
under section 428 or Federal Direct Stafford
Loans for which the borrower received an
interest subsidy under section 455; or''.
(c) Nondiscrimination in Loan Consolidation.--Section 428C(b) is
amended by adding at the end the following new paragraph:
``(6) Nondiscrimination in loan consolidation.--An eligible
lender that makes consolidation loans under this section shall
not discriminate against any borrower seeking such a loan--
``(A) based on the number or type of eligible
student loans the borrower seeks to consolidate;
``(B) based on the type or category of institution
of higher education that the borrower attended;
``(C) based on the interest rate that is authorized
to be collected with respect to the consolidation loan;
or
``(D) with respect to the types of repayment
schedules offered to such borrower.''.
(d) Interest Rate.--Section 428C(c)(1) is amended--
(1) in the first sentence of subparagraph (A), by striking
``(B) or (C)'' and inserting ``(B), (C), or (D)''; and
(2) by adding at the end the following new subparagraph:
``(D) A consolidation loan for which the application is
received by an eligible lender on or after the date of
enactment of the Emergency Student Loan Consolidation Act of
1997 and before October 1, 1998, shall bear interest at an
annual rate on the unpaid principal balance of the loan that is
equal to the rate specified in section 427A(f), except that the
eligible lender may continue to calculate interest on such a
loan at the rate previously in effect and defer, until not
later than April 1, 1998, the recalculation of the interest on
such a loan at the rate required by this subparagraph if the
recalculation is applied retroactively to the date on which the
loan is made.''.
(e) Amendments Effective for Pending Applicants.--The consolidation
loans authorized by the amendments made by this section shall be
available notwithstanding any pending application by a student for a
consolidation loan under part D of title IV of the Higher Education Act
of 1965, upon withdrawal of such application by the student at any time
prior to receipt of such a consolidation loan.
SEC. 3. ADMINISTRATIVE EXPENSE REDUCTIONS.
Section 458(a)(1) (20 U.S.C. 1087h(a)(1)) is amended by striking
``$532,000,000'' and inserting ``$507,000,000''.
SEC. 4. TREATMENT OF TAX BENEFITS.
(a) Family Contribution for Dependent Students.--
(1) Parents' available income.--Section 475(c)(1) is
amended--
(A) by striking ``and'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) the amount of any tax credit taken by the
parents under section 25A of the Internal Revenue Code
of 1986.''.
(2) Student contribution from available income.--Section
475(g)(2) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting ``; and''; and
(C) by inserting after subparagraph (D) the
following new subparagraph:
``(E) the amount of any tax credit taken by the
student under section 25A of the Internal Revenue Code
of 1986.''.
(b) Family Contribution for Independent Students Without Dependents
Other Than a Spouse.--Section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A))
is amended--
(1) by striking ``and'' at the end of clause (iv); and
(2) by inserting after clause (v) the following new clause:
``(vi) the amount of any tax credit taken
under section 25A of the Internal Revenue Code
of 1986; and''.
(c) Family Contribution for Independent Students With Dependents
Other Than a Spouse.--Section 477(b)(1) (20 U.S.C. 1087qq(b)(1)) is
amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) the amount of any tax credit taken under
section 25A of the Internal Revenue Code of 1986.''.
(d) Total Income.--Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is
amended--
(1) by striking ``individual, and'' and inserting
``individual,''; and
(2) by inserting ``and no portion of any tax credit taken
under section 25A of the Internal Revenue Code of 1986,''
before ``shall be included''.
(e) Other Financial Assistance.--Section 480(j) is amended by
adding at the end the following new paragraph:
``(4) Notwithstanding paragraph (1), a tax credit taken under
section 25A of the Internal Revenue Code of 1986 shall not be treated
as estimated financial assistance for purposes of section 471(3).''.
Passed the House of Representatives October 21, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Emergency Student Loan Consolidation Act of 1997 - Amends the Higher Education Act of 1965 (HEA) to allow until October 1, 1998, the consolidation, under the Federal Family Education Loan Program (FFELP), of all of a student's loans under both the FFELP and the Direct Loan Program. Requires an application for such a consolidation loan to be received by an eligible lender between the date of enactment of this Act and October 1, 1998. (Authorizes such consolidation of loans under both programs into single FFELP consolidation loans, which may be administered by entities other than the Department of Education, for an emergency period until October 1, 1998, to provide time to reduce a backlog in processing consolidation of both types of loans into Direct Lending Consolidation loans administered by the Department of Education.)
Prohibits an eligible lender from discriminating against any borrower seeking such a consolidation loan: (1) based on the number or type of eligible student loans the borrower seeks to consolidate; (2) based on the type or category of institution of higher education that the borrower attended; (3) based on the interest rate authorized to be collected with respect to the consolidation loan; or (4) with respect to the types of repayment schedules offered to such borrower.
Sets forth required interest rates for such consolidation loans.
Makes such consolidation loans available notwithstanding any pending application by a student for a direct consolidation loan, upon the student's withdrawal of such application.
Reduces the amount of certain funds available for administrative expenses under HEA student assistance provisions.
Revises HEA need analysis requirements to exclude from the calculation of available family income, and so reduce the family contribution for dependent or independent students by, the amount of the Hope Tax Credit taken by the student, the student's parents, or the student's spouse (thus providing that students will not receive reduced financial aid as a result of qualifying for and receiving the new Hope Tax Credits under the Internal Revenue Code). | Emergency Student Loan Consolidation Act of 1997 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arafat Accountability Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Palestine Liberation Organization
(<plus-minus>PLO), under the leadership of Chairman Yasser
Arafat, has failed to abide by its promises, enumerated in the
Oslo Accords, to commit itself to ``a peaceful resolution of
the conflict between the two sides'', that ``all outstanding
issues relating to permanent status will be resolved through
negotiations'', and that the PLO ``renounces the use of
terrorism and other acts of violence and will assume
responsibility over all PLO elements and personnel in order to
assure their compliance, prevent violence, and discipline
violators''.
(2) Yasser Arafat failed to exercise his authority and
responsibility to maintain law and order in the West Bank and
Gaza, which has resulted in ongoing acts of terrorism against
Israeli and American civilians in the State of Israel.
(3) Yasser Arafat has failed, through words and deeds, to
offer credible security guarantees to the Palestinian and
Israeli peoples, and has once again violated his commitment to
peace through the recent purchase of 50 tons of offensive
weaponry from Iran.
(4) Yasser Arafat and the forces directly under his control
are responsible for the murder of hundreds of innocent Israelis
and the wounding of thousands more since October 2000.
(5) Yasser Arafat has been directly implicated in funding
and supporting terrorists who have claimed responsibility for
homicide bombings in Israel.
(6) Under the present circumstances, Yasser Arafat's
failure to adequately respond to end the homicide bombings
further complicates the prospects for a resolution of the
conflict in that region.
SEC. 3. STATEMENT OF CONGRESS.
(a) Sense of Congress.--It is the sense of the Congress that--
(1) the United States should continue to urge an immediate
and unconditional cessation of all terrorist activities and the
commencement of a cease-fire between Israel and the
Palestinians;
(2) the Palestine Liberation Organization and the
Palestinian Authority should immediately surrender to Israel
for detention and prosecution those Palestinian extremists
wanted by the Government of Israel for the assassination of
Israeli Minister of Tourism Rehavam Zeevi; and
(3) PLO Chairman Yasser Arafat and the Palestine Liberation
Organization must take immediate and concrete action to--
(A) publicly condemn all acts of terrorism,
including and especially homicide bombings, which
murdered over 125 Israeli men, women, and children
during the month of March 2002 alone, and injured
hundreds more;
(B) confiscate and destroy the infrastructures of
terrorism, including weapons, bomb factories, and other
offensive materials;
(C) end all financial support for terrorism; and
(D) urge all Arab nations and individuals to
immediately cease funding for terrorist operations and
payments to the families of terrorists.
(b) Support for Peace Efforts.--The Congress supports the
President's efforts, in conjunction with Israel, the Arab states, and
members of the international community, to achieve a comprehensive
peace in the region, and encourages continued efforts by all parties.
SEC. 4. IMPOSITION OF SANCTIONS.
(a) Denial of Visas.--
(1) Prohibition.--The Secretary of State shall not issue a
visa to, and the Attorney General shall not admit to the United
States, any member of the Palestine Liberation Organization or
any official from the Palestinian Authority.
(2) Waiver.--The President may, on a case-by-case basis,
waive paragraph (1) if the President determines that the waiver
is in the national security interest of the United States. The
President shall report any such determination to the
appropriate congressional committees.
(b) Downgrading of Status of PLO Office in the United States.--
Notwithstanding any other provision of law, the President shall
withdraw or terminate any waiver by the President of the requirements
of section 1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 5202) (prohibiting the establishment or
maintenance of a Palestinian information office in the United States),
except that--
(1) such withdrawal or termination shall not prohibit the
operation of the Permanent Observer Mission of Palestine at the
United Nations; and
(2) such section shall apply so as to prohibit the
operation of any office of the Palestine Liberation
Organization or the Palestinian Authority in the United States
from carrying out any function other than those functions
carried out by the Palestinian information office during the
period beginning on the effective date of title X of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989, and ending on January 13, 1994.
(c) Travel Restriction on the Senior PLO Representative at the
United Nations.--The Secretary of State shall impose the same travel
restrictions on the senior official of the Permanent Observer Mission
of Palestine at the United Nations as those imposed on officials with
the Permanent Mission of the Islamic Republic of Iran to the United
Nations.
(d) Freezing of Assets of the PLO and the PA.--The President shall
identify and freeze the assets of the Palestine Liberation Organization
and the Palestinian Authority in the United States, other than those
assets which--
(1) the President determines are required to carry out the
functions of the Permanent Observer Mission of Palestine at the
United Nations;
(2) are necessary for travel in the United States pursuant
to a waiver granted under subsection (a)(2); or
(3) the President determines are necessary for any office
of the Palestine Liberation Organization and the Palestinian
Authority to carry out functions permitted under subsection
(b)(2).
SEC. 5. REPORT ON PLO TERRORIST ACTIVITIES.
(a) Report.--Within 30 days after the date of enactment of this
Act, and every 90 days thereafter, the President shall submit a report
to the appropriate congressional committees detailing acts of
terrorism, if any, committed by the Palestinian Authority, the
Palestine Liberation Organization, or any of their constituent
elements.
(b) Determination Regarding Designation as Terrorist
Organization.--The report under subsection (a) shall include a
determination on whether on the basis of acts of terrorism described in
the report the Palestinian Authority, the Palestine Liberation
Organization, or any of their constituent elements will be designated
as a foreign terrorist organization under section 219(a) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)).
(c) Waiver.--The President may waive the requirements of this
section if the President determines that the waiver is in the national
security interest of the United States. The President shall report any
such determination to the appropriate congressional committees.
SEC. 6. DURATION OF SANCTIONS.
The sanctions imposed under this Act shall remain in effect until
such time as the President determines and reports to the appropriate
congressional committees that the conditions that warrant these
sanctions no longer exist.
SEC. 7. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means the Committee on Appropriations and the Committee on Foreign
Relations of the Senate and the Committee on Appropriations and the
Committee on International Relations of the House of Representatives. | Arafat Accountability Act - Expresses the support of Congress for the President's efforts to achieve comprehensive peace in the State of Israel.Expresses the sense of Congress that: (1) the United States should urge an immediate and unconditional cessation of all terrorist activities and the commencement of a cease-fire between Israel and the Palestinians; (2) the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) should immediately surrender to Israel for detention and prosecution those Palestinian extremists wanted by Israel for the assassination of Israeli Minister of Tourism Rehavam Zeevi; and (3) Yasser Arafat and the PLO must take immediate and concrete action to publicly condemn all acts of terrorism, confiscate and destroy the infrastructures of terrorism, and end (and urge all Arab nations to end) financial support for terrorism.Prohibits the Secretary of State (Secretary) and the Attorney General, respectively, from issuing a visa or admitting to the United States any member of the PLO or official of the PA. Permits the President to waive this prohibition in the national security interest of the United States.Directs the President to reinstate the prohibition on the establishment or maintenance of a Palestinian information office in the United States, except for operation of the Permanent Observer Mission of Palestine (POM) at the United Nations. Requires the Secretary to impose travel restrictions on the senior official of the POM.Requires the President to identify and freeze specific United States assets of the PLO and the PA.Requires the President to report to specified congressional committees on PLO or PA terrorist activities. | To hold accountable the Palestine Liberation Organization and the Palestinian Authority, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Reform Act of 2016''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION REFORMS.
(a) Application of Industry Standards; Assistance.--Section 8103 of
title 38, United States Code, is amended by adding at the end the
following new subsections:
``(f) To the maximum extent practicable, the Secretary shall use
industry standards, standard designs, and best practices in carrying
out the construction of medical facilities.
``(g)(1) The Secretary shall provide to a non-Department Federal
entity with which the Secretary has entered into an agreement under
subsection (e)--
``(A) design, planning, and construction assistance before
the entity issues a request for proposals for the design or
construction of the super construction project covered by the
agreement;
``(B) any documents or information needed for the entity to
carry out the responsibilities of the entity with respect to
the super construction project; and
``(C) upon the request of the entity, any other assistance
that the entity determines necessary to carry out such
responsibilities.
``(2) Any assistance provided under paragraph (1) shall be provided
to the non-Department Federal entity on a non-reimbursable basis.
``(h)(1) With respect to a proposed change to a contract entered
into by a non-Department Federal entity with which the Secretary has
entered into an agreement under subsection (e) that is estimated at a
value of less than $250,000, the non-Department Federal entity shall
issue a final decision regarding such change not later than 30 days
after the date on which the change is proposed.
``(2) With respect to a proposed change to such a contract that is
estimated at a value of $250,000 or more--
``(A) the Secretary may provide to the entity the
recommendations of the Secretary regarding such change;
``(B) during the 30-day period beginning on the date on
which the entity furnishes to the Secretary information
regarding such change, the Secretary may issue the final
decision regarding such change; and
``(C) if the Secretary does not issue a final decision
under subparagraph (B), during the 30-day period following the
period described in such paragraph, the entity shall issue a
final decision regarding such a change no later than 90 days
from when the entity furnished information regarding such a
change to the Secretary.
``(i) The Secretary shall ensure that each employee of the
Department with responsibilities relating to the construction or
alteration of medical facilities, including such construction or
alteration carried out pursuant to contracts or agreements, undergoes a
program of ongoing professional training and development. Such program
shall be designed to ensure that employees maintain adequate expertise
relating to industry standards and best practices for the acquisition
of design and construction services. The Secretary may provide the
program under this subsection through a contract or agreement with a
non-Federal entity or with a non-Department Federal entity.''.
(b) Limitation on Planning and Design for Super Construction
Projects.--
(1) In general.--Section 8104(a) of title 38, United States
Code, is amended--
(A) by redesignating paragraph (3) as paragraph
(4);
(B) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The Secretary may not obligate or expend funds for advance
planning or design for any super construction project, until the date
that is 60 days after the date on which the Secretary submits to the
Committee on Veterans' Affairs and the Committee on Appropriations of
the Senate and the Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives notice of such
obligation or expenditure.''; and
(C) in paragraph (4), as redesignated by paragraph
(1) of this subsection, by adding at the end the
following new subparagraph:
``(C) The term `super construction project' means a project
for the construction, alteration, or acquisition of a medical
facility involving a total expenditure of more than
$100,000,000, but such term does not include an acquisition by
exchange.''.
(2) Applicability.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act and
shall apply with respect to a construction project that is
initiated on or after that date.
(c) Congressional Approval of Certain Projects.--
(1) Projects that exceed specified amount.--Subsection (c)
of section 8104 of title 38, United States Code, is amended to
read as follows:
``(c)(1) The Secretary may not obligate funds for a major medical
facility project or a super construction project approved by a law
described in subsection (a)(2) in an amount that would cause the total
amount obligated for that project to exceed the amount specified in the
law for that project (or would add to total obligations exceeding such
specified amount) by more than 10 percent unless the Committee on
Veterans' Affairs and the Committee on Appropriations of the Senate and
the Committee on Veterans' Affairs and the Committee on Appropriations
of the House of Representatives each approve in writing the obligation
of those funds.
``(2) The Secretary shall--
``(A) enter into a contract with an appropriate non-
department Federal entity with the ability to conduct forensic
audits on medical facility projects for the conduct of an
external forensic audit of the expenditures relating to any
major medical facility or super construction project for which
the total expenditures exceed the amount specified in the law
for the project by more than 25 percent; and
``(B) enter into a contract with an appropriate non-
department Federal entity with the ability to conduct forensic
audits on medical facility projects for the conduct of an
external audit of the medical center construction project in
Aurora, Colorado.''.
(2) Use of extra amounts.--Subsection (d) of such section
is amended--
(A) in paragraph (2)(B), in the matter preceding
clause (i), by striking ``Whenever'' and inserting
``Before''; and
(B) by adding at the end the following new
paragraph:
``(3) The Secretary may not obligate any funds described in
paragraph (1) or amounts described in paragraph (2) before the date
that is 30 days after the notification submitted under paragraph (1) or
paragraph (2)(B), as the case may be, unless the Committee on Veterans'
Affairs and the Committee on Appropriations of the Senate and the
Committee on Veterans' Affairs and the Committee on Appropriations of
the House of Representatives each approve in writing the obligation of
those funds or amounts.''.
(3) Notification requirements.--
(A) Committees required.--Subsection (d)(1) of such
section is amended by striking ``each committee'' and
inserting ``the Committee on Veterans' Affairs and the
Committee on Appropriations of the Senate and the
Committee on Veterans' Affairs and the Committee on
Appropriations of the House of Representatives''.
(B) Use of amounts from bid savings.--Subsection
(d)(2)(B) of such section is amended by adding at the
end the following new clause:
``(iv) With respect to the major construction project that
is the source of the bid savings--
``(I) the amounts already obligated or available in
the project reserve for such project;
``(II) the percentage of such project that has been
completed; and
``(III) the amount of such bid savings that is
already obligated or otherwise being used for a purpose
other than such project.''.
(d) Quarterly Report on Super Construction Projects.--
(1) In general.--At the end of subchapter I of chapter 81
of title 38, United States Code, add the following new section:
``Sec. 8120. Quarterly report on super construction projects
``(a) Quarterly Reports Required.--Not later than 30 days after the
last day of each fiscal quarter the Secretary shall submit to the
Committees on Veterans' Affairs of the Senate and House of
Representatives on the super construction projects carried out by the
Secretary during such quarter. Each such report shall include, for each
such project--
``(1) the budgetary and scheduling status of the project,
as of the last day of the quarter covered by the report; and
``(2) the actual cost and schedule variances of the
project, as of such day, compared to the planned cost and
schedules for the project.
``(b) Super Construction Project Defined.--In this section, the
term `super construction project' has the meaning given such term in
section 8104(a)(4)(C) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of the chapter is amended by adding at the end of the
items relating to such subchapter the following new item:
``8120. Quarterly report on super construction projects.''.
(e) Accelerated Master Planning for Each Medical Facility of the
Department of Veterans Affairs.--
(1) Existing facilities.--Not later than December 31, 2016,
the Secretary of Veterans Affairs shall complete a master plan
described in paragraph (3) for each medical facility of the
Department of Veterans Affairs.
(2) New facilities.--For each medical facility of the
Department for which construction is completed after the date
of the enactment of this Act, the Secretary shall complete a
master plan described in paragraph (3) for the facility by not
later than the earlier of the following dates:
(A) The date on which activation is completed.
(B) The date of the formal dedication of the
facility.
(3) Master plan described.--A master plan described in this
paragraph is, with respect to a medical facility of the
Department, a plan to inform investment decisions and funding
requests over a 10-year period for construction projects at
such medical facility--
(A) to meet the health care needs of a changing
veteran population through a combination of health care
from the Department and other community resources; and
(B) to maximize the best use of the land and
structures comprising such medical facility.
SEC. 3. ASSISTANT INSPECTOR GENERAL FOR CONSTRUCTION.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by inserting after section 312 the following new section:
``Sec. 312A. Assistant Inspector General for Construction
``(a) In General.--There is in the Office of Inspector General an
Assistant Inspector General for Construction. The Assistant Inspector
General for Construction is responsible for conducting, supervising,
and coordinating audits, evaluations, and investigations of the
planning, design, contracting, execution, and construction of
facilities and infrastructure of the Department, including major and
minor construction projects and leases.
``(b) Qualifications.--Each individual appointed as Assistant
Inspector General for Construction shall be an individual who has
expertise in construction and facilities management.
``(c) Reports.--(1) Not later than 60 days after the appointment of
an individual as the Assistant Inspector General for Construction, and
every calendar quarter thereafter, the Assistant Inspector General for
Construction shall submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives a report summarizing the activities
of the Assistant Inspector General for Construction during the 120-day
period ending on the date of such report.
``(2) In addition to the report required in paragraph (1), and the
requirements contained in section 5 of the Inspector General Act of
1978 (5 U.S.C. App.), the Assistant Inspector General for Construction
shall promptly provide to the Committees on Veterans' Affairs of the
Senate and House of Representatives the findings of any investigation
undertaken by the Assistant Inspector General for Construction, and
shall notify the Committees promptly if the Assistant Inspector General
for Construction identifies any serious or flagrant problem or
deficiency relating to the administration or operation of any
construction program of the Department, if, during the course of any
investigation, the Assistant Inspector General for Construction
determines that Congress should take immediate action.
``(3) Nothing in this subsection shall be construed to authorize
the public disclosure of information that is--
``(A) specifically prohibited from disclosure by any other
provision of law;
``(B) specifically required by Executive Order to be
protected from disclosure in the interest of national defense
or national security or in the conduct of foreign affairs; or
``(C) a part of an ongoing criminal investigation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
312 the following new item:
``312A. Assistant Inspector General for Construction.''.
Passed the House of Representatives February 9, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Construction Reform Act of 2016 (Sec. 2) This bill requires the Department of Veterans Affairs (VA) to use industry standards, standard designs, and best practices in carrying out medical facility construction. A super construction project is one for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million (but does not include an acquisition by exchange). The VA shall provide, on a non-reimbursable basis, a non-VA federal entity with: (1) design, planning, and construction assistance; (2) project documents; and (3) other assistance upon request. With respect to a proposed change to a contract entered into by a non-VA federal entity with which the VA has entered into an agreement that is estimated at a value of less than $250,000, the entity shall issue a final decision regarding such change within 30 days. With respect to a proposed contract change estimated at a value of $250,000 or more: the VA may make recommendations to the entity; the VA may issue the final decision regarding the change within 30 days after the entity proposes it; and if the VA does not issue a final decision within 60 days after the entity proposes the contract change, the entity shall issue a final decision regarding the change no later than 90 days after it proposes the change. The VA shall ensure that each VA employee with responsibilities relating to the construction or alteration of medical facilities undergoes ongoing professional training and development. The VA is prohibited from: obligating or expending funds for advance planning or design for any super construction project until 60 days after congressional notification, obligating funds for a major medical facility project or a super construction project by more than 10% of the amount approved by law unless certain congressional committees approve the obligation, or using bid savings amounts or funds for other than their original purpose before 30 days after notifying those committees unless each committee approves the obligation. The VA shall enter into a contract with an appropriate non-department federal entity to conduct an external forensic audit of: (1) the medical center construction project in Aurora, Colorado; and (2) the expenditures relating to any major medical facility or super construction project when such expenditures exceed the amount approved by law by more than 25%. The VA must complete a 10-year master plan for: (1) each existing VA medical facility by December 31, 2016, and (2) each new VA medical facility by not later than the earlier of the date on which activation is completed or the date of the facility's formal dedication. (Sec. 3) There is established in the Office of Inspector General an Assistant Inspector General for Construction who shall be responsible for conducting, supervising, and coordinating audits, evaluations, and investigations of the planning, design, contracting, and construction of VA facilities and infrastructure, including major and minor construction projects and leases. | Construction Reform Act of 2016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investment Incentives Act of 2002''.
SEC. 2. INCREASE IN LIMITATION ON CAPITAL LOSSES OF INDIVIDUALS
ALLOWABLE AGAINST ORDINARY INCOME.
(a) In General.--Paragraph (1) of section 1211(b) of the Internal
Revenue Code of 1986 (relating to limitation on capital losses of
taxpayers other than corporations) is amended--
(1) by striking ``$3,000'' and inserting ``$20,000'', and
(2) by striking ``$1,500'' and inserting ``$10,000''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. ACCELERATION OF INCREASE IN CONTRIBUTIONS TO CERTAIN RETIREMENT
PLANS.
(a) IRAs.--
(1) In general.--Subparagraph (A) of section 219(b)(5) of
the Internal Revenue Code of 1986 (defining deductible amount)
is amended to read as follows:
``(A) The deductible amount shall be $5,000.''.
(2) Inflation adjustment.--Section 219(b)(5)(C) of such
Code is amended--
(A) by striking ``2008'' and inserting ``2002'',
and
(B) by striking ``2007'' and inserting ``2001''.
(b) 401(k) Plans.--
(1) In general.--Paragraph (1) of section 402(g) of such
Code is amended--
(A) by striking subparagraph (B),
(B) by striking ``(A) Limitation.--'' and moving
the text 2 ems to the left, and
(C) in such text by striking ``the applicable
dollar amount'' and inserting ``$15,000''.
(2) Inflation adjustment.--Section 402(g)(4) of such Code
is amended--
(A) by striking ``2006'' and inserting ``2002'',
and
(B) by striking ``2005'' and inserting ``2001''.
(3) Conforming amendment.--Section 401(a)(30) of such Code
is amended by striking ``section 402(g)(1)(A)'' and inserting
``section 402(g)(1)''.
(c) 457 Plans.--
(1) In general.--Subparagraph (A) of section 457(b)(2) of
such Code is amended by striking ``the applicable dollar
amount'' and inserting ``$15,000''.
(2) Inflation adjustment.--Section 457(e)(15) of such Code
is amended to read as follows:
``(15) Cost-of-living adjustment.--In the case of taxable
years beginning after December 31, 2002, the Secretary shall
adjust the $15,000 amount under subsection (b)(2)(A) at the
same time and in the same manner as under section 415(d),
except that the base period shall be the calendar quarter
beginning July 1, 2001, and any increase under this paragraph
which is not a multiple of $500 shall be rounded to the next
lowest multiple of $500.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002.
SEC. 4. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to amounts specifically
excluded from gross income) is amended by inserting after section 115
the following new section:
``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY
INDIVIDUALS.
``(a) Exclusion From Gross Income.--Gross income does not include
dividends and interest otherwise includible in gross income which are
received during the taxable year by an individual.
``(b) Limitations.--
``(1) Maximum amount.--The aggregate amount excluded under
subsection (a) for any taxable year shall not exceed $500
($1,000 in the case of a joint return).
``(2) Certain dividends excluded.--Subsection (a) shall not
apply to any dividend from a corporation which for the taxable
year of the corporation in which the distribution is made is a
corporation exempt from tax under section 521 (relating to
farmers' cooperative associations).
``(c) Special Rules.--For purposes of this section--
``(1) Exclusion not to apply to capital gain dividends from
regulated investment companies and real estate investment
trusts.--
``For treatment of capital gain
dividends, see sections 854(a) and 857(c).
``(2) Certain nonresident aliens ineligible for
exclusion.--In the case of a nonresident alien individual,
subsection (a) shall apply only in determining the taxes
imposed for the taxable year pursuant to sections 871(b)(1) and
877(b).
``(3) Dividends from employee stock ownership plans.--
Subsection (a) shall not apply to any dividend described in
section 404(k).''.
(b) Conforming Amendments.--
(1) Subparagraph (C) of section 32(c)(5) of such Code is
amended by striking ``or'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting ``;
or'', and by inserting after clause (ii) the following new
clause:
``(iii) interest and dividends received
during the taxable year which are excluded from
gross income under section 116.''.
(2) Subparagraph (A) of section 32(i)(2) of such Code is
amended by inserting ``(determined without regard to section
116)'' before the comma.
(3) Subparagraph (B) of section 86(b)(2) of such Code is
amended to read as follows:
``(B) increased by the sum of--
``(i) the amount of interest received or
accrued by the taxpayer during the taxable year
which is exempt from tax, and
``(ii) the amount of interest and dividends
received during the taxable year which are
excluded from gross income under section
116.''.
(4) Subsection (d) of section 135 of such Code is amended
by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Coordination with section 116.--This section shall be
applied before section 116.''.
(5) Paragraph (2) of section 265(a) of such Code is amended
by inserting before the period ``, or to purchase or carry
obligations or shares, or to make deposits, to the extent the
interest thereon is excludable from gross income under section
116''.
(6) Subsection (c) of section 584 of such Code is amended
by adding at the end the following new flush sentence:
``The proportionate share of each participant in the amount of
dividends or interest received by the common trust fund and to which
section 116 applies shall be considered for purposes of such section as
having been received by such participant.''.
(7) Subsection (a) of section 643 of such Code is amended
by redesignating paragraph (7) as paragraph (8) and by
inserting after paragraph (6) the following new paragraph:
``(7) Dividends or interest.--There shall be included the
amount of any dividends or interest excluded from gross income
pursuant to section 116.''.
(8) Section 854(a) of such Code is amended by inserting
``section 116 (relating to partial exclusion of dividends and
interest received by individuals) and'' after ``For purposes
of''.
(9) Section 857(c) of such Code is amended to read as
follows:
``(c) Restrictions Applicable to Dividends Received From Real
Estate Investment Trusts.--
``(1) Treatment for section 116.--For purposes of section
116 (relating to partial exclusion of dividends and interest
received by individuals), a capital gain dividend (as defined
in subsection (b)(3)(C)) received from a real estate investment
trust which meets the requirements of this part shall not be
considered as a dividend.
``(2) Treatment for section 243.--For purposes of section
243 (relating to deductions for dividends received by
corporations), a dividend received from a real estate
investment trust which meets the requirements of this part
shall not be considered as a dividend.''.
(10) 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 115 the following new item:
``Sec. 116. Partial exclusion of
dividends and interest received
by individuals.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Investment Incentives Act of 2002 - Amends the Internal Revenue Code to: (1) increase from $1,500 to $10,000 ($3,000 to $20,000 on a joint return) the limitation on capital losses allowed against ordinary income; (2) make the increase to the $5,000 amount allowed as an annual retirement contribution deduction effective immediately, instead of starting in 2008; (3) exclude from gross income $500 ($1,000 on a joint return) of dividends and interest. | To amend the Internal Revenue Code of 1986 to encourage saving and investment, and for other purposes. |
SECTION 1. CREDIT FOR INCREASING DEVELOPMENT ACTIVITIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 41 the following new section:
``SEC. 41A. CREDIT FOR INCREASING DEVELOPMENT ACTIVITIES.
``(a) In General.--For purposes of section 38, at the election of
the taxpayer, the development credit determined under this section for
the taxable year shall be an amount equal to 30 percent of so much of
the qualified development expenses for the taxable year as exceeds 50
percent of the average qualified development expenses for the 3 taxable
years preceding the taxable year for which the credit is being
determined.
``(b) Qualified Development Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified development
expenses' means the sum of the following amounts which are paid
or incurred during the taxable year in carrying on any trade or
business of the taxpayer:
``(A) Any in-house development expenses.
``(B) Any contract development expenses.
``(2) In-house development expenses; contract development
expenses.--The terms `in-house development expenses' and
`contract development expenses' shall have the respective
meaning given such terms in paragraphs (2) and (3) of section
41(b), except such paragraphs shall be applied by substituting
`qualified development' for `qualified research'.
``(c) Qualified Development.--The term `qualified development'
means the systematic application of knowledge or understanding directed
toward the production of useful material, devices, and systems or
methods, including design, development, and improvement of prototypes
and new processes to meet specific requirements. For purposes of the
preceding sentence the rules of subparagraphs (A), (B), and (C) of
section 41(d)(1) shall apply with respect to any development taken into
account under this section.
``(d) Special Rule in Case of No Qualified Development Expenses in
Any of 3 Preceding Years.--
``(1) Taxpayers to which this subparagraph applies.--The
credit under this section shall be determined under this
subsection if the taxpayer has no qualified development
expenses in any one of the 3 taxable years preceding the
taxable year for which the credit is being determined.
``(2) Credit rate.--The credit determined under this
subparagraph shall be equal to 12 percent of the qualified
development expenses for the taxable year.
``(e) Election.--An election under this section shall apply to the
taxable year for which made and all succeeding taxable years unless
revoked with the consent of the Secretary.
``(f) Other Special Rules.--Rules similar to the rules of
subsections (d)(4), (f), and (g) of section 41 shall apply for purposes
of this section.
``(g) Termination.--This section shall not apply to taxable years
beginning after December 31, 2018.''.
(b) Coordination With Section 41.--Subsection (b) of section 41 of
such Code is amended by adding at the end the following new paragraph:
``(5) Coordination with section 41a.--In the case of any
taxable year for which an election is in effect under section
41A, for purposes of determining the amount of qualified
research expenses for such taxable year and the fixed-base
percentage with respect to such taxable year, qualified
research expenses shall not include any qualified development
expenses (as defined in subsection (b) of such section).''.
(c) Coordination With Deductions.--Section 280C is amended by
adding at the end the following new subsection:
``(j) Credit for Increasing Development Activities.--
``(1) In general.--No deduction shall be allowed for that
portion of the qualified development expenses (as defined in
section 41A(b)) otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit
determined for such taxable year under section 41A(a).
``(2) Similar rule where taxpayer capitalizes rather than
deducts expenses.--If--
``(A) the amount of the credit determined for the
taxable year under section 41A(a), exceeds
``(B) the amount allowable as a deduction for such
taxable year for qualified development expenses
(determined without regard to paragraph (1)),
the amount chargeable to capital account for the taxable year
for such expenses shall be reduced by the amount of such
excess.
``(3) Election of reduced credit.--
``(A) In general.--In the case of any taxable year
for which an election is made under this paragraph--
``(i) paragraphs (1) and (2) shall not
apply, and
``(ii) the amount of the credit under
section 41A(a) shall be the amount determined
under subparagraph (B).
``(B) Amount of reduced credit.--The amount of
credit determined under this subparagraph for any
taxable year shall be the amount equal to the excess
of--
``(i) the amount of credit determined under
section 41A(a) without regard to this
paragraph, over
``(ii) the product of--
``(I) the amount described in
clause (i), and
``(II) the maximum rate of tax
under section 11(b)(1).
``(C) Election.--An election under this paragraph
for any taxable year shall be made not later than the
time for filing the return of tax for such year
(including extensions), shall be made on such return,
and shall be made in such manner as the Secretary may
prescribe. Such an election, once made, shall be
irrevocable.
``(4) Controlled groups.--Paragraph (3) of subsection (b)
shall apply for purposes of this subsection.''.
(d) Part of General Business Credit.--Subsection (b) of section 38
of such Code is amended by striking ``plus'' at the end of paragraph
(35), by striking the period at the end of paragraph (36) and inserting
``, plus'', and by adding at the end the following new paragraph:
``(37) the development credit determined under section
41A.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 2. INCREASE IN ALTERNATIVE SIMPLIFIED CREDIT FOR RESEARCH.
(a) In General.--Subparagraph (A) of section 41(c)(5) of the
Internal Revenue Code of 1986 is amended by striking ``14 percent (12
percent in the case of taxable years ending before January 1, 2009)''
and inserting ``20 percent''.
(b) Special Rule in Case of No Qualified Research Expenses in Any
of 3 Preceding Taxable Years.--Clause (ii) of section 41(c)(5)(B) of
such Code is amended by striking ``6 percent'' and inserting ``8
percent''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2013.
SEC. 3. EXTENSION OF CREDIT FOR INCREASING RESEARCH ACTIVITIES.
(a) In General.--Subparagraph (B) of section 41(h)(1) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2013'' and inserting ``December 31, 2018''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after December 31, 2013. | Amends the Internal Revenue Code to: (1) allow through 2018 a new business-related tax credit for an increase in expenditures for qualified development expenses (defined as the sum of any in-house and contract development expenses incurred in the trade or business of a taxpayer), (2) increase to 20% the rate of the alternative simplified research tax credit, and (3) extend through 2018 the tax credit for increasing research activities. | To amend the Internal Revenue Code of 1986 to allow an increased credit for development and to extend and simplify the credit for increasing research. |
.
(a) Holding Salaries in Escrow.--
(1) In general.--If by April 15, 2017, a House of Congress
has not agreed to a concurrent resolution on the budget for
fiscal year 2018 pursuant to section 301 of the Congressional
Budget Act of 1974, during the period described in paragraph
(2) the payroll administrator of that House of Congress shall
deposit in an escrow account all payments otherwise required to
be made during such period for the compensation of Members of
Congress who serve in that House of Congress, and shall release
such payments to such Members only upon the expiration of such
period.
(2) Period described.--With respect to a House of Congress,
the period described in this paragraph is the period which
begins on April 16, 2017 and ends on the earlier of--
(A) the day on which the House of Congress agrees
to a concurrent resolution on the budget for fiscal
year 2018 pursuant to section 301 of the Congressional
Budget Act of 1974; or
(B) the last day of the One Hundred Fifteenth
Congress.
(3) Withholding and remittance of amounts from payments
held in escrow.--The payroll administrator shall provide for
the same withholding and remittance with respect to a payment
deposited in an escrow account under paragraph (1) that would
apply to the payment if the payment were not subject to
paragraph (1).
(4) Release of amounts at end of the congress.--In order to
ensure that this section is carried out in a manner that shall
not vary the compensation of Senators or Representatives in
violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Fifteenth Congress.
(5) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(b) Treatment of Delegates as Members.--In this section, the term
``Member of Congress'' includes a Delegate or Resident Commissioner to
the Congress.
(c) Payroll Administrator Defined.--In this section, the ``payroll
administrator'' of a House of Congress means--
(1) in the case of the House of Representatives, the Chief
Administrative Officer of the House of Representatives, or an
employee of the Office of the Chief Administrative Officer who
is designated by the Chief Administrative Officer to carry out
this section; and
(2) in the case of the Senate, the Secretary of the Senate,
or an employee of the Office of the Secretary of the Senate who
is designated by the Secretary to carry out this section.
SEC. 3. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
(a) In General.--Paragraph (2) of section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) is repealed.
(b) Technical and Conforming Amendments.--Section 601(a)(1) of such
Act (2 U.S.C. 4501(1)) is amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``as adjusted by paragraph (2)'' and
inserting ``adjusted as provided by law''.
(c) Effective Date.--This section and the amendments made by this
section shall take effect December 31, 2016.
SEC. 4. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF
MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR
AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS.
(a) Prohibition.--Except as provided in subsection (b), no funds
appropriated or otherwise made available for the official travel
expenses of a Member of Congress or other officer or employee of any
office in the legislative branch may be used for airline accommodations
which are not coach-class accommodations.
(b) Exceptions.--Funds described in subsection (a) may be used for
airline accommodations which are not coach-class accommodations for an
individual described in subsection (a) if the use of the funds for such
accommodations would be permitted under sections 301-10.121 through
301-10.125 of title 41 of the Code of Federal Regulations if the
individual were an employee of an agency which is subject to chapter
301 of such title.
(c) Rule of Construction.--Nothing in this section may be construed
to affect any officer or employee of an office of the legislative
branch which, as of the date of the enactment of this Act, is subject
to chapter 301 of title 41 of the Code of Federal Regulations.
(d) Definitions.--
(1) Coach-class accommodations.--In this section, the term
``coach-class accommodations'' means the basic class of
accommodation by airlines that is normally the lowest fare
offered regardless of airline terminology used, and (as
referred to by airlines) may include tourist class or economy
class, as well as single class when the airline offers only one
class of accommodations to all travelers.
(2) Member of congress.--In this section, the term ``Member
of Congress'' means a Senator or a Representative in, or
Delegate or Resident Commissioner to, the Congress.
(e) Effective Date.--This section shall apply with respect to
fiscal year 2018 and each succeeding fiscal year.
SEC. 5. 5-YEAR POST-EMPLOYMENT BAN ON LOBBYING BY FORMER MEMBERS OF
CONGRESS.
(a) Former Senators.--Subparagraph (A) of section 207(e)(1) of
title 18, United States Code, is amended by striking ``within 2 years
after that person leaves office'' and inserting ``within 5 years after
that person leaves office''.
(b) Former Members of the House of Representatives.--Paragraph (1)
of section 207(e) of such title is amended by striking subparagraph (B)
and inserting the following:
``(B) Members of the house of representatives.--Any
person who is a Member of the House of Representatives
and who, within 5 years after that person leaves
office, knowingly makes, with the intent to influence,
any communication to or appearance before any Member,
officer, or employee of either House of Congress and
any employee of any other legislative office of the
Congress, on behalf of any other person (except the
United States) in connection with any matter on which
such former Member seeks action by a Member, officer,
or employee of either House of Congress, in his or her
official capacity, shall be punished as provided in
section 216 of this title.
``(C) Officers of the house of representatives.--
Any person who is an elected officer of the House of
Representatives and who, within 1 year after that
person leaves office, knowingly makes, with the intent
to influence, any communication to or appearance before
any Member, officer, or employee of the House of
Representatives, on behalf of any other person (except
the United States) in connection with any matter on
which such former elected officer seeks action by a
Member, officer, or employee of either House of
Congress, in his or her official capacity, shall be
punished as provided in section 216 of this title.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to any individual who, on or after the date of the
enactment of this Act, leaves an office to which section 207(e)(1) of
title 18, United States Code, applies. | No Ongoing Perks Enrichment Act or the NOPE Act This bill withholds the salaries of Members of a house of Congress that has not agreed to a budget resolution for FY2018 by April 15, 2017, as required by the Congressional Budget Act of 1974. Salaries are withheld from April 16, 2017, until the house of Congress agrees to a budget resolution or the last day of the 115th Congress, whichever is earlier. The bill amends the Legislative Reorganization Act of 1946 to eliminate automatic pay adjustments for Members of Congress. The bill prohibits use of funds appropriated or otherwise made available for the official travel of a Member of Congress or other officer or employee of the legislative branch for airline accommodations that are not coach-class accommodations. This prohibition shall not apply to an individual if the use would be permitted for an employee of an agency subject to specified federal regulations for temporary duty travel allowances. The bill amends the federal criminal code to increase to five years the post-employment lobbying ban on a former member of the U.S. Senate (currently, two years) or a former member of the U.S. House of Representatives (currently, one year). | No Ongoing Perks Enrichment Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Security Act of
2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The tragic events of September 11, 2001, placed an
enormous strain on the communications network in New York City,
New York and Washington, District of Columbia. Officials from
both cities struggled to communicate and coordinate among the
various emergency response teams dispatched to ``Ground Zero''
and the Pentagon. These events uncovered manifest structural
weaknesses in the communications infrastructure of the United
States.
(2) The 9/11 Commission Report states that our Nation
remains largely unprepared to communicate effectively in the
event of another attack or natural catastrophe.
(3) The massive communications failures associated with
Hurricane Katrina illustrate the continuing inadequacies of our
communications systems in times of crisis.
(4) Despite heroic efforts by public officials and
communications industry personnel, the failure of our
communications network to persevere in the face of a
catastrophic hurricane severely hampered post-storm recovery
efforts.
(5) A comprehensive effort must be undertaken to deal with
the communications challenges faced by our Nation, including
short-term and long-term steps that can be taken to improve the
interoperable communications and emergency response capability
within the United States.
(6) There is an immediate need for the development and
deployment of an emergency back-up communications system to
enhance the Nation's emergency response capabilities.
Deployment of an emergency back-up communications system should
be a priority of the United States.
(7) The deployment of such a system is a critical first
step in enhancing the overall communications infrastructure.
Other required improvements will need to be made in such areas
as training, personnel, equipment, software, and services for
local governments, and assistance with capital expenses.
Supporting and enhancing ongoing efforts in this regard is an
important goal.
SEC. 3. EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.
(a) Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et
seq.), as amended by section 4, is further amended by adding at the end
the following:
``SEC. 317. EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.
``(a) In General.--Not later than 180 days after the date of
enactment of the Communications Security Act of 2005, the Secretary, in
conjunction with the Federal Communications Commission, shall evaluate
the technical feasibility of creating a back-up emergency
communications system that complements existing communications
resources and takes into account next generation and advanced
telecommunications technologies. The overriding objective for the
evaluation shall be providing a framework for the development of a
resilient interoperable communications system for emergency responders
in an emergency. In conducting that evaluation, the Secretary shall
evaluate all reasonable options, including satellites, wireless, and
terrestrial-based communications systems and other alternative
transport mechanisms that can be used in tandem with existing
technologies.
``(b) Components.--The back-up system shall include--
``(1) reliable means of emergency communications; and
``(2) if necessary, handsets, desktop communications
devices, or other appropriate devices for each public safety
entity.
``(c) Factors to Be Evaluated.--The evaluation under subsection (a)
shall include--
``(1) a survey of all Federal agencies that use terrestrial
or satellite technology for communications security and an
evaluation of the feasibility of using existing systems for
purposes creating such an emergency back-up medical facility
public safety communications system;
``(2) the feasibility of using private satellite, wireless,
or terrestrial networks for emergency communications;
``(3) the technical options, cost, and deployment methods
of software, equipment, handsets or desktop communications
devices for public safety entities in major urban areas, and
nationwide; and
``(4) the feasibility and cost of necessary changes to the
network operations center of terrestrial-based or satellite
systems to enable the centers to serve as an emergency back-up
communications systems.
``(d) Report.--Upon the completion of the evaluation under
subsection (a), the Secretary shall submit a report to Congress that
details the findings of the evaluation, including a full inventory of
existing public and private resources most efficiently capable of
providing emergency communications.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
``(f) Expedited Funding Option and Implementation Strategy.--If, as
a result of the evaluation conducted under subsection (a), the
Secretary determines that the establishment of such a back-up system is
feasible then the Secretary shall request appropriations for the
deployment of such a back-up communications system not later than 90
days after submission of the report under subsection (d).''.
(b) Clerical Amendment.--The table of contents for the Homeland
Security Act of 2002, as amended by section 4, is amended by inserting
after the item relating to section 316 the following:
``Sec. 317. Emergency communications back-up system.''. | Communications Security Act of 2005 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, in conjunction with the Federal Communications Commission (FCC), to: (1) evaluate the technical feasibility of creating a backup emergency communications system that complements existing communications resources and takes into account next-generation and advanced telecommunications technologies; and (2) report evaluation findings to Congress. | A bill to provide for the development and implementation of an emergency backup communications system. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Design of Electrical
Equipment Act (EDEE) Act''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) assisting in meeting the essential needs of the United
States for adequate supplies of electrical products and
equipment is in the national interest;
(2) ensuring a uniform Federal scheme of regulation of
restrictions in the use of certain substances in electrical
products and equipment in interstate and foreign commerce is
crucial to the economic, environmental, and social well-being
of the people of the United States in the global marketplace;
(3) potential disparities among State laws and implementing
regulations that may be enacted by the several States regarding
the restriction of the use of substances in electrical products
and equipment could create barriers to interstate commerce,
domestic and foreign trade, and distort competition, and may
thereby have a direct impact on the establishment and
functioning of global markets; and
(4) technological and industrial innovation for electrical
products and equipment can offer an improved standard of
living, increased public and private sector productivity, and
creation of new industries and employment opportunities, while
providing for environmentally compatible production, use, and
end of life disposition of such equipment.
SEC. 3. PURPOSE.
It is the purpose of this Act to enhance the economic,
environmental, and social well-being of the people of the United States
in the global marketplace by--
(1) ensuring efficient technological development and
innovation in the manufacture of electrical products and
equipment through the prevention of potential disparities among
State laws and implementing regulations that may be enacted by
the several States regarding the restriction of the use of
toxic substances in electrical products and equipment that
could create barriers to interstate commerce, domestic and
foreign trade, and distort global competition; and
(2) applying the regulatory and law enforcement process and
penalties of the Toxic Substances Control Act of 1976 to
establish uniform Federal regulation and enforcement of toxic
substances in electrical products and equipment.
SEC. 4. UNIFORM FEDERAL SCHEME OF REGULATION.
(a) Section 6 of the Toxic Substances Control Act of 1976 (15
U.S.C. 2605) is amended by adding at the end the following:
``(f) Certain Applications.--
``(1) Electroindustry products.--As used in subsection (e),
the term `electroindustry product' means any product or
equipment that is directly used to facilitate the transmission,
distribution, or control of electricity, or that uses
electrical power for arc welding, lighting, signaling
protection and communication, or medical imaging, or electrical
motors and generators.
``(2) National standards.--Except for those electroindustry
products and product categories set forth in paragraph (3), no
electroindustry product shall be manufactured after July 1,
2010, that contains a concentration value greater than 0.1
percent by weight of lead, mercury, hexavalent chromium,
polybrominated biphenyls (PBB), and polybrominated diphenyl
ethers (PBDE) as measured in any homogeneous material contained
in the electroindustry product, or a concentration value
greater than 0.01 percent of cadmium as measured in any
homogeneous material contained in the electroindustry product.
For purposes of this section, `homogeneous material' means a
material of uniform composition throughout that cannot be
mechanically disjointed into different materials.
``(3) Electroindustry products and product categories.--The
processing and/or use of the specified chemical substances in
any of the following electroindustry products and equipment
shall not be subject to any restriction or requirement that is
designed to protect against a risk of injury to health or the
environment, and shall in no manner be restricted, by the
States or any political subdivision of a State in accordance
with section 2617(c)(1)(B):
``(A) Lead, mercury, cadmium, hexavalent chromium,
polybrominated biphenyls, and polybrominated diphenyl
ethers contained in--
``(i) products or equipment designed for
use with a voltage rating of 300 volts or
above;
``(ii) products or equipment used in fixed
installations; [For purposes of this
subsection, `fixed installation' means a
combination of equipment, systems, finished
products and/or components, not including
lighting equipment that encompasses lighting
fixtures and lamps, assembled and/or erected by
an assembler/installer at a given place to
operate together in an expected environment to
perform a specific task, but not intended to be
placed in commerce as a single functional or
commercial unit];
``(iii) signaling protection and
communication systems and products, including
healthcare communications and emergency call
systems;
``(iv) surface transportation information
management and control systems, subsystems,
equipment, components, and services, including
equipment used to design, install, operate, and
maintain such systems;
``(v) medical diagnostic imaging and
therapy equipment and devices, communications
and emergency call systems and products,
modular walls, consoles, systems, products,
panels, meters, and monitors used in healthcare
facilities;
``(vi) shunt capacitors and series
capacitors;
``(vii) electro-mechanical and solid-state
equipment and systems for measurement, display
recording, processing, and telemetry for
electricity metering and associated
information;
``(viii) distribution and power
transformers and special purpose transformers;
``(ix) equipment used for mounting or
testing watt-hour or demand meters such as
sockets, boxes, enclosures, test blocks, test
tables, and test kits;
``(x) high voltage fuses, high current
connectors, power circuit breakers, switchgear
assemblies, surge arrestors, and insulating
equipment, products, and hardware;
``(xi) steam turbine generators and units;
``(xii) electrical wire and cable products
and accessories, not including fixture wires,
appliance wires, and flexible cords as so
classified by the National Electrical Code, by
Underwriters Laboratories, Inc., or by the
Canadian Standards Association;
``(xiii) electrical conduit;
``(xiv) high intensity discharge lamps;
``(xv) arc welding and plasma cutting
equipment designed for industrial or
professional use; or
``(xvi) arc welding and cutting equipment
driven by mechanical means, e.g., a gasoline or
diesel engine.
``(B) Lead when used or contained in--
``(i) steel alloys containing up to 0.35
percent lead by weight, aluminum alloys
containing up to 0.4 percent lead by weight and
copper alloys containing up to 4 percent lead
by weight;
``(ii) solders with high melting
temperatures, including lead-based alloys
containing 85 percent or more lead by weight,
and solders for--
``(I) die mounting in Light
Emitting Diode applications;
``(II) the electrical connection
within integrated-circuit flip-chip
packages;
``(III) machined through-hole
discoidal and planar array ceramic
multilayer capacitors; and
``(IV) printed circuit board
assemblies and point-to-point soldered
assemblies, up to 40 percent lead by
weight, and when used in transmission,
distribution, power supply, or control
devices designed to be installed in
electrical outlet boxes and/or switch
boxes, in emergency lighting equipment,
in trip units in circuit breakers, or
in sensors used for lighting control;
``(iii) glass used in plasma display panels
or surface conduction electron emitter displays
or for flat fluorescent lamps in liquid crystal
displays, or in incandescent lamps;
``(iv) finishes of fine-pitch components
other than connectors with a pitch of 0.65
millimeters or less with nickel-iron lead
frames or copper-lead frames;
``(v) coatings not exceeding 0.5 percent by
weight for tin babbitt alloy coated sleeve
bearings;
``(vi) gateway hardware between lighting
controls protocols and building management
protocols;
``(vii) red ink used in exit signs not
exceeding 0.005 milligrams per lens;
``(viii) fluorescent lamps;
``(ix) electrical connector coatings; or
``(x) lead-bronze bearing shells and
bushes.
``(C) Cadmium and its compounds when used or
contained in--
``(i) electrical contacts, cadmium plating
and switch contacts, including those used in
thermal protectors in lighting ballasts, and
luminaires containing such ballasts; or
``(ii) cadmium-copper alloys for wire
conductors.
``(D) Hexavalent chromium when used or contained in
electrical connectors, corrosion-prevention coatings
for fasteners and metals in emergency lighting
equipment or electromagnetic interference shielding,
and noncurrent carrying electrical devices.
``(E) Mercury when used or contained in--
``(i) straight fluorescent lamps for
general purposes, but not exceeding 10
milligrams in halophosphate lamps, 5 milligrams
in triphosphate lamps with a normal lifetime,
and 8 milligrams in triphosphate lamps with a
long lifetime;
``(ii) straight fluorescent lamps for
special purposes;
``(iii) compact fluorescent lamps equal to
or greater than 9 inches;
``(iv) compact fluorescent lamps less than
25 watts, not exceeding 5 milligrams per lamp;
``(v) compact fluorescent lamps equal to or
greater than 25 watts, not exceeding 6
milligrams per lamp;
``(vi) high output/very high output linear
fluorescent lamps greater than 32 millimeters
in diameter;
``(vii) preheat linear fluorescent lamps;
or
``(viii) luminaires when containing any
mercury-added lamps identified under
[subsection (f)(3)(E)(i)-(vii)].
``(F) Any processing and/or use of a specified
chemical substance in an electroindustry product other
than those identified in this subsection as the
Administrator may establish by rule.''.
(b) Section 18 of the Toxic Substances Control Act of 1976 (15
U.S.C. 2617) is amended by adding at the end the following:
``(c) Preemption.--(1) Notwithstanding any other provision of this
section, no State or political subdivision of a State may, after the
effective date of this Act, adopt or continue in effect any requirement
that is designed to protect against a risk of injury to health or the
environment--
``(A) for any electroindustry product as defined in section
2605(f)(1) that is inconsistent with or more stringent than the
national standards set forth in section 2605(f)(2); or
``(B) that is applicable to the processing and/or use of
the specified chemical substances in any of the electroindustry
products or electroindustry product categories set forth in
section 2605(f)(3).
``(2) Upon application of a State or political subdivision of a
State, the Administrator may, by rule, exempt from section 2605(f)(3),
under such conditions as may be prescribed in such rule, a requirement
of such State or political subdivision designed to protect against an
unreasonable risk of injury to health or the environment associated
with any of the uses of any chemical substance, mixture, or article
containing such chemical substance or mixture specified in section
2605(f)(3) if--
``(A) compliance with the requirement would not cause the
processing, distribution in commerce, or use of the substance,
mixture, or article to be in violation of the Act; and
``(B) the State or political subdivision requirement does
not, through difficulties in manufacturing, marketing,
distribution, or other factors, unduly burden interstate
commerce, or does not lessen the reliability of an electrical
grid or of any product or system which is the subject of any
such requirement of a State or political subdivision of a
State.
``(3) Compliance with the national standards set forth in section
2605(f)(2) may be demonstrated based on any appropriate method for a
particular electroindustry product, including without limitation,
certifications of compliance by product manufacturers or testing
performed in accordance with the guidelines promulgated by the
Administrator under this subsection. The Administrator shall, within
one year from the effective date of this Act, promulgate guidelines
establishing test procedures for determining the concentration of lead,
mercury, hexavalent chromium, cadmium, polybrominated biphenyls (PBB)
and/or polybrominated diphenyl ethers (PBDE) contained in an
electroindustry product.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
For fiscal year 2009, there is authorized to be appropriated
$1,000,000 for the Administrator to implement the provisions of this
Act. | Environmental Design of Electrical Equipment Act (EDEE) Act - Amends the Toxic Substances Control Act of 1976 to establish uniform national standards for the use of lead, mercury, hexavalent chromium, cadmium, polybrominated biphenyls, and polybrominated diphenyl ethers in electroindustry products manufactured after July 1, 2010. Defines "electroindustry product" as any product or equipment that is used to facilitate the transmission, distribution, or control of electricity, or that uses electricity for arc welding, lighting, signaling protection and communication, medical imaging, or electrical motors and generators. | To amend the Toxic Substances Control Act of 1976 to ensure a uniform Federal scheme of regulation of restrictions in the use of certain substances in electrical products and equipment in interstate and foreign commerce, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Treatment of Polluted
Stormwater Runoff Act'' or the ``STOPS Runoff Act''.
SEC. 2. FEDERAL-AID HIGHWAY RUNOFF POLLUTION MANAGEMENT PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 330. Federal-aid highway runoff pollution management program
``(a) Establishment.--The Secretary shall establish a Federal-aid
highway runoff pollution management program to ensure that covered
projects are constructed in accordance with minimum standards designed
to protect surface and ground water quality.
``(b) Project Approval.--The Secretary may approve a covered
project of a State under section 106 only if the State provides
assurances satisfactory to the Secretary that the State will construct
the project in accordance with the minimum standards described in
subsection (c).
``(c) Minimum Standards.--The following minimum standards shall
apply to the construction of covered projects to maintain or restore,
to the maximum extent technically feasible, the predevelopment
hydrology of the project site with regard to the temperature, rate,
chemical composition, volume and duration of flow:
``(1) Avoid and minimize alteration of natural features and
hydrology and maximize use of pollution source control measures
that utilize existing terrain and natural features and reduce
chemical introduction to reduce creation of pollution on the
project site.
``(2) Maximize capture of highway runoff pollution on the
project site through pretreatment and treatment, including
environmental site design techniques and other control measures
that promote evapotransporation and infiltration.
``(3) Prevent any remaining highway runoff pollution not
addressed under paragraphs (1) and (2) to the maximum extent
practicable by implementing one or more of the following
control measures selected through a watershed-based
environmental management or equivalent approach:
``(A) Pretreatment and treatment of runoff with
appropriate control measures on the project site.
``(B) Discharge of highway runoff pollution
directly to an off-site control measure under the
control of the State with documented capacity to
provide functionally and quantitatively equivalent
management of runoff pollution to that required to
achieve the minimum standards of this subsection for
the design life of the project.
``(C) If the control measures in subparagraphs (A)
and (B) are found impracticable based on site
conditions or other appropriate factors, and an
appropriate off-site runoff pollution mitigation
program is in place, contribution to a mitigation
program that will produce functionally and
quantitatively equivalent management of runoff
pollution to that required to achieve the minimum
standards. Under this subparagraph, priority shall be
given to off-site control measures that address the
impacts of runoff pollution to waterways that are
listed as impaired in the same or adjacent 8-digit
Hydrologic Unit Code as the project site.
``(d) Guidance.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, with the
concurrence of the Administrator of the Environmental
Protection Agency, shall publish guidance to assist States in
complying with the requirements of this section.
``(2) Contents of guidance.--The guidance shall include
guidelines for the establishment of State processes and
programs that will be used to assist in managing highway runoff
pollution from covered projects in accordance with the minimum
standards described in subsection (c), including--
``(A) guidance to help States integrate the
planning, selection, design, and long-term operation
and maintenance of control measures consistent with the
minimum standards in the overall project planning
process;
``(B) creation of a watershed-based environmental
management approach to assist projects in achieving
consistency with the minimum standards;
``(C) guidelines for the development and
utilization of off-site runoff pollution mitigation
programs to achieve compliance with the minimum
standards; and
``(D) provisions for State inspection, monitoring,
and reporting to document State compliance and project
consistency with this section.
``(e) Limitation on Statutory Construction.--Nothing in this
section shall be construed to affect the applicability of any provision
of Federal, State, or local law that is more stringent than the
requirements of this section.
``(f) Reporting.--The Secretary shall require each State to report
annually to the Secretary on the highway runoff pollution reductions
achieved for covered projects carried out by the State after the date
of enactment of this section.
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Control measure.--The term `control measure' means a
program, structural or nonstructural management practice,
operational procedure, or policy on or off the project site
that is intended to control, reduce, or prevent highway runoff
pollution.
``(2) Covered project.--The term `covered project' means a
project carried out under this title for--
``(A) construction of a new highway or associated
facility;
``(B) construction of a Federal-aid highway runoff
control measure retrofit; or
``(C) construction of a significant Federal-aid
highway improvement.
``(3) Federal-aid highway runoff control measure
retrofit.--The term `Federal-aid highway runoff control measure
retrofit' means the installation or modification of a control
measure for highway runoff pollution serving a Federal-aid
highway or associated facility originally constructed before
the date of enactment of this section.
``(4) Highway runoff pollution.--The term `highway runoff
pollution' means in relation to a Federal-aid highway,
associated facility, or control measure retrofit projects one
or more of the following--
``(A) a discharge of sediment, metals, bacteria,
chemicals, nutrients, or oil and grease in runoff; or
``(B) a discharge of peak flow rate, water
temperature, and volume of runoff that exceeds
predevelopment amounts generated from a Federal-aid
highway, associated facility, or control measure
retrofit project that violates the water quality
standards of the receiving water set by the Federal
Water Pollution Control Act (33 U.S.C. 125 et seq.) and
related State programs.
``(5) Significant federal-aid highway improvement.--The
term `significant Federal-aid highway improvement' means the
rehabilitation, reconstruction, reconfiguration, renovation, or
major resurfacing of an existing Federal-aid highway or
associated facility that disturbs 5 or more acres of land.
``(6) Watershed-based environmental management approach.--
The term `watershed-based environmental management approach'
means an approach under which--
``(A) the selection of solutions that prevent or
minimize the environmental impact of an individual
project is made within the broader context of the
environmental protection and restoration goals of any
watershed that drains the project site, rather than
selecting solutions solely based on site level
considerations; and
``(B) priority consideration is given to--
``(i) protection of drinking water
supplies;
``(ii) protection and restoration of
waterways listed by a State as impaired in
accordance with section 303(d) of the Federal
Water Pollution Control Act (33 U.S.C.
1313(d));
``(iii) preservation of aquatic ecosystems
and fisheries; and
``(iv) cost-effective expenditure of
Federal funds.''.
(b) Effective Date.--The provisions of this legislation will be
effective and applicable to construction of Federal-Aid Highway
projects as defined in subsection (g)(2) 1 year after enactment.
(c) Clerical Amendment.--The analysis for chapter 3 is amended by
adding at the end the following:
``330. Federal-aid highway runoff pollution management program.''. | Safe Treatment of Polluted Stormwater Runoff Act or STOPS Runoff Act - Directs the Secretary of Transportation (DOT) to establish a federal-aid highway runoff pollution management program to ensure that covered federal-aid highway projects are constructed in accordance with certain minimum standards designed to control and treat polluted stormwater runoff.
Authorizes the Secretary to approve state covered highway projects receiving federal funding only if the state provides assurances that it will construct the project in accordance with such standards. | A bill to amend title 23, United States Code, to direct the Secretary to establish a comprehensive program to control and treat polluted stormwater runoff from federally funded highways and roads, and for other purposes. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Land
Assistance, Management and Enhancement Act'' or ``FLAME Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Flame Fund for catastrophic emergency wildland fire suppression
activities.
Sec. 3. Cohesive wildland fire management strategy.
Sec. 4. Review of certain wildfires to evaluate cost containment in
wildland fire suppression activities.
Sec. 5. Reducing risk of wildfires in fire-ready communities.
SEC. 2. FLAME FUND FOR CATASTROPHIC EMERGENCY WILDLAND FIRE SUPPRESSION
ACTIVITIES.
(a) Definitions.--In this section:
(1) Federal land.--The term ``Federal land'' means the
following:
(A) Public lands, as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702).
(B) Units of the National Park System.
(C) Refuges of the National Wildlife Refuge System.
(D) Lands held in trust by the United States for
the benefit of Indian tribes or individual Indians.
(E) Lands in the National Forest System, as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) Flame fund.--The term ``Flame Fund'' means the Federal
Land Assistance, Management, and Enhancement Fund established
by this section.
(3) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land described in subparagraphs (A), (B), (C),
and (D) of paragraph (1); and
(B) the Secretary of Agriculture, with respect to
National Forest System land.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
(b) Establishment and Availability of Flame Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the Federal Land
Assistance, Management, and Enhancement Fund.
(2) Contents.--The Flame Fund shall consist of the
following amounts:
(A) Amounts appropriated to the Flame Fund pursuant
to the authorization of appropriations in subsection
(c).
(B) Amounts transferred to the Flame Fund pursuant
to subsection (d).
(3) Availability.--Subject to subsection (e), amounts in
the Flame Fund shall be available to the Secretaries to pay the
costs of catastrophic emergency wildland fire suppression
activities that are separate from amounts annually appropriated
to the Secretaries for the predicted annual workload for
wildland fire suppression activities, based on analyses of
historical workloads and anticipated increased workloads due to
changing environmental or demographic conditions.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Flame Fund such amounts as may be
necessary to carry out this section. It is the intent of
Congress that the amount appropriated to the Flame Fund for
fiscal year 2010 and each fiscal year thereafter should be not
less than the average amount expended by the Secretaries for
emergency wildland fire suppression activities over the five
fiscal years preceding that fiscal year.
(2) Sense of congress on designation of flame fund
appropriations as emergency requirement.--It is the sense of
Congress that--
(A) the amounts appropriated to the Flame Fund
should be designated as amounts necessary to meet
emergency needs; and
(B) the new budget authority and outlays resulting
therefrom should not count for the purposes of titles
III and IV of the Congressional Budget Act of 1974.
(3) Notice of insufficient funds.--The Secretaries shall
notify the congressional committees specified in subsection
(h)(2) whenever only an estimated two months worth of funding
remains in the Flame Fund.
(d) Transfer of Excess Wildland Fire Suppression Amounts Into Flame
Fund.--At the end of each fiscal year, the Secretary concerned shall
transfer to the Flame Fund amounts appropriated to the Secretary
concerned for wildland fire suppression activities for the fiscal year,
but not obligated for wildland fire suppression activities before the
end of the fiscal year.
(e) Use of Flame Fund.--
(1) Declaration required.--Amounts in the Flame Fund shall
be made available to the Secretary concerned only after the
Secretaries issue a declaration that a wildland fire
suppression activity is eligible for funding from the Flame
Fund.
(2) Declaration criteria.--A declaration by the Secretaries
under paragraph (1) shall be based on the following criteria:
(A) In the case of an individual wildland fire
incident--
(i) the fire covers 300 or more acres;
(ii) the severity of the fire, which may be
based on incident complexity or the potential
for increased complexity; and
(iii) the threat posed by the fire,
including the potential for loss of lives,
property, or critical resources.
(B) Consistent with subsection (f), in the case of
a firefighting season, when the cumulative costs of
wildland fire suppression activities for the Secretary
concerned are projected to exceed amounts annually
appropriated for such activities.
(3) Transfer of amounts to secretary concerned.--After
issuance of a declaration under paragraph (1) and upon the
request of the Secretary concerned, the Secretary of the
Treasury shall transfer from the Flame Fund to the Secretary
concerned such amounts as the Secretaries determine are
necessary for wildland fire suppression activities associated
with the declared suppression emergency.
(4) State, private, and tribal land.--Use of the Flame Fund
for catastrophic emergency wildland fire suppression activities
on State and private land and, where applicable, tribal land
shall be consistent with existing agreements where the
Secretaries have agreed to assume responsibility for wildland
fire suppression activities on the land.
(f) Treatment of Anticipated and Predicted Activities.--The
Secretary concerned shall continue to fund anticipated and predicted
wildland fire suppression activities within the appropriate agency
budget for each fiscal year. Use of the additional funding made
available through the Flame Fund is intended to supplement the budgeted
and appropriated agency funding and is to be used only for purposes and
in instances consistent with this section.
(g) Prohibition on Other Transfers.--All amounts in the Flame Fund,
as well as all funds appropriated for the purpose of wildland fire
suppression on Federal land, must be obligated before the Secretary
concerned may transfer funds from non-fire accounts for wildland fire
suppression.
(h) Accounting and Reports.--
(1) Accounting and reporting system.--The Secretaries shall
establish an accounting and reporting system for the Flame Fund
compatible with existing National Fire Plan reporting
procedures.
(2) Annual report; public availability.--The Secretaries
shall submit to the Committee on Natural Resources, the
Committee on Agriculture, and the Committee on Appropriations
of the House of Representatives and the Committee on Energy and
Natural Resources, the Committee on Indian Affairs, and the
Committee on Appropriations of the Senate an annual report on
the use of the funds from the Flame Fund, together with any
recommendations that the Secretaries may have to improve the
administrative control and oversight of the Flame Fund. The
annual report shall be made available to the public.
(3) Estimates of wildfire suppression costs to improve
budgeting and funding.--
(A) Periodic estimates.--Consistent with the
schedule provided in subparagraph (B), the Secretaries
shall submit to the committees specified in paragraph
(2) an estimate of anticipated wildfire suppression
costs for the current fiscal year and the following
fiscal year. The methodology for developing the
estimates shall be subject to periodic peer review to
ensure compliance with subparagraph (C).
(B) Submission schedule.--The Secretaries shall
submit an estimate under subparagraph (A) during--
(i) the first week of February of each
year;
(ii) the first week of April of each year;
(iii) the first week of July of each year;
and
(iv) if the bill making appropriations for
operations of the Department of the Interior
and the Forest Service for the following fiscal
year has not been enacted by September 1, the
first week of September of each year.
(C) Basis.--An estimate of anticipated wildfire
suppression costs shall be developed using the best
available--
(i) climate, weather, and other relevant
data; and
(ii) models and other analytic tools.
SEC. 3. COHESIVE WILDLAND FIRE MANAGEMENT STRATEGY.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a report that
contains a cohesive wildland fire management strategy, consistent with
the recommendations contained in recent Comptroller General reports
regarding this issue.
(b) Elements of Strategy.--The strategy required by subsection (a)
shall address the findings of the Comptroller General in the reports
referred to in such subsection and include the following elements:
(1) A system to identify the most cost effective means for
allocating fire management budget resources.
(2) An illustration of plans by the Secretary of the
Interior and the Secretary of Agriculture to reinvest in non-
fire programs.
(3) A description of how the Secretaries will employ
appropriate management response.
(4) A system for assessing the level of risk to
communities.
(5) A system to ensure that the highest priority fuels
reduction projects are being funded first.
SEC. 4. REVIEW OF CERTAIN WILDFIRES TO EVALUATE COST CONTAINMENT IN
WILDLAND FIRE SUPPRESSION ACTIVITIES.
(a) Review Required.--The Secretary of the Interior and the
Secretary of Agriculture shall conduct a review, using independent
panels, of each wildfire incident for which the Secretary concerned
incurs expenses in excess of $10,000,000.
(b) Report.--The Secretary concerned shall submit to the Committee
on Natural Resources, the Committee on Agriculture, and the Committee
on Appropriations of the House of Representatives and the Committee on
Energy and Natural Resources, the Committee on Indian Affairs, and the
Committee on Appropriations of the Senate a report containing the
results of each review conducted under subsection (a).
SEC. 5. REDUCING RISK OF WILDFIRES IN FIRE-READY COMMUNITIES.
(a) Fire-Ready Community Defined.--In this section, the term
``fire-ready community'' means a community that--
(1) is located within a priority area identified pursuant
to subsection (b);
(2) has a cooperative fire agreement that articulates the
roles and responsibilities for Federal, State and local
government entities in local wildfire suppression and
protection;
(3) has local codes that require fire-resistant home design
and building materials;
(4) has a community wildfire protection plan (as defined in
section 101 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6502)); and
(5) is engaged in a successful collaborative process that
includes multiple interested persons representing diverse
interests and is transparent and nonexclusive, such as a
resource advisory committee established under section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (Public Law 106-393; 16 U.S.C. 500 note).
(b) Fire Risk Mapping.--As soon as is practicable after the date of
the enactment of this Act, the Secretary of Agriculture and the
Secretary of the Interior (in this section referred to as the
``Secretaries'') shall develop regional maps of communities most at
risk of wildfire and in need of hazardous fuel treatment and
maintenance. The maps shall identify priority areas for hazardous fuels
reduction projects, including--
(1) at-risk communities in fire-prone areas of the
wildland-urban interface (as defined in section 101 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6502));
(2) watersheds and municipal drinking water sources;
(3) emergency evacuation corridors;
(4) electricity transmission corridors; and
(5) low-capacity or low-income communities.
(c) Local Wildland Firefighting Capability Grants.--
(1) Grants available.--The Secretaries may provide cost-
share grants to fire-ready communities to assist such
communities in carrying out activities authorized by paragraph
(2).
(2) Eligible activities.--Grant funds may be used for the
following:
(A) Education programs to raise awareness of
homeowners and citizens about wildland fire protection
practices, including FireWise or similar programs.
(B) Training programs for local firefighters on
wildland firefighting techniques and approaches.
(C) Equipment acquisition to facilitate wildland
fire preparedness.
(D) Implementation of a community wildfire
protection plan.
(d) Wildland Fire Cost-Share Agreements.--In developing any
wildland fire cost-share agreement with a State Forester or equivalent
official, the Secretaries shall, to the greatest extent possible,
encourage the State and local communities involved to become fire-ready
communities.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section such sums as
may be necessary. | Federal Land Assistance, Management and Enhancement Act or FLAME Act - Establishes in the Treasury the Federal Land Assistance, Management, and Enhancement Fund (Flame Fund). Requires amounts in the Flame Fund to be made available to the Secretary of the Interior and the Secretary of Agriculture (the Secretaries) to pay the costs of catastrophic emergency wildland fire suppression activities that are separate from amounts annually appropriated for the predicted annual workload for such activities.
Makes amounts in the Flame Fund available to the Secretaries only after such Secretaries issue a declaration that a wildland fire suppression activity is eligible for funding through the Fund.
Directs such Secretaries to establish an accounting and reporting system for the Flame Fund.
Requires such Secretaries to: (1) report annually to Congress on the use of the funds from the Flame Fund, together with recommendations to improve administrative control and oversight of the Fund; and (2) submit a report to Congress that contains a cohesive wildland fire management strategy, consistent with the recommendations of Comptroller General reports.
Requires the Secretaries to conduct a review of wildfires for which expenses exceeding $10 million were incurred.
Authorizes the Secretaries to make grants to fire-ready communities, as defined by this Act, to carry out activities to reduce risks from wildfires. | A bill to authorize a supplemental funding source for catastrophic emergency wildland fire suppression activities on Department of the Interior and National Forest System lands, to require the Secretary of the Interior and the Secretary of Agriculture to develop a cohesive wildland fire management strategy, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Quality of Life Study Act
of 2007''.
SEC. 2. STUDY ON DEPARTMENT OF VETERANS AFFAIRS SCHEDULE FOR RATING
DISABILITIES.
(a) Study Required.--Not later than 60 days after the date of the
enactment, the Secretary shall contract with the Institute of Medicine,
or other appropriate entity, to conduct a study analyzing the extent to
which the schedule for rating disabilities prescribed by the Secretary
of Veterans Affairs pursuant to section 1155 of title 38, United States
Code, accounts for or should be amended or expanded to account,
measure, and compensate for loss of quality of life to veterans due to
a disability resulting from a personal injury suffered, physical or
mental, or disease contracted in the line of duty, or for aggravation
of a preexisting injury suffered or disease contracted in the line of
duty.
(b) Contents of Study.--The study which will be completed by the
Institute of Medicine, or other appropriate entity, within 180 days
after contracting with the Secretary shall be carried out pursuant to
subsection (a) and shall--
(1) examine--
(A) the extent to which the schedule for rating
disabilities, as in effect on the date of the enactment
of this Act, accounts for loss of quality of life; and
(B) specific approaches and instruments for
measuring--
(i) the effect of a service-connected
disability on a veteran's quality of life,
including the veteran's psychological state,
loss of physical integrity, and social
inadaptability; and
(ii) the ways in which quality of life
disability compensation is managed under
various other disability programs of Federal
and State governments and in other countries;
(2) include recommendations with respect to--
(A) the appropriate standards for determining
whether a service-connected disability has caused a
loss in the veterans' quality of life;
(B) the means for determining the appropriate level
of compensation for loss of quality of life; and
(C) the practicability of implementing quality of
life evaluations in the course of providing the
benefits relating to disability compensation and
pension administered by the Secretary of Veterans
Affairs;
(3) take into account advice and information received
through consultations carried out with public and private
entities, veteran service organizations, agencies, advocacy
groups, and, if necessary, other consultants, with particular
attention paid to how to manage any changes for veterans who
are receiving disability compensation under chapter 11 of title
38, United States Code, as of the date of the enactment of this
Act; and
(4) include such other matters as the Secretary and the
entity carrying out the study determine are appropriate.
(c) Report.--Not later than 60 days after the completion of the
study required under subsection (a), the Secretary of Veterans Affairs
shall submit to Congress a report that includes the following:
(1) The Secretary's recommendations with respect to the
findings and conclusions of the study regarding accounting for
the loss of quality of life in the schedule for rating
disabilities prescribed by the Secretary of Veterans Affairs
pursuant to section 1155 of title 38, United States Code.
(2) The Secretary's recommendations with respect to
compensation that should be paid by the Department of Veterans
Affairs to veterans for loss of quality of life and the basis
for determining the amount of any such compensation.
SEC. 3. TREATMENT OF CLAIMS UPON DEATH OF CLAIMANT.
(a) Treatment of Beneficiary of Veteran's Accrued Benefits as
Claimant for Purposes of Incomplete Claims Upon Death of Veteran.--
Title 38, United States Code, is amended by inserting after section
5121 the following:
``Sec. 5121A. Death of claimant
``If a veteran who is a claimant dies while a pending claim is
awaiting final adjudication for any benefit under a law administered by
the Secretary, the person who would receive any accrued benefits due to
the veteran under section 5121(a)(2) of this title shall be treated as
the claimant for the purposes of processing to completion the pending
claim. If the person who would receive such accrued benefits does not
want to be treated as the claimant under this subsection, that person
may designate to be treated as the claimant under this subsection the
person who would receive such benefits upon the death of the person who
would otherwise be treated as the claimant under the preceding
sentence.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to the claim of any veteran who dies on or after the
date of the enactment of this Act.
SEC. 4. ANNUAL REPORTS ON WORKLOAD OF UNITED STATES COURT OF APPEALS
FOR VETERANS CLAIMS.
(a) In General.--Subchapter III of chapter 72 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7288. Annual report
``The chief judge of the Court shall annually submit to the
Committee on Veterans Affairs' of the Senate and the Committee on
Veterans Affairs' of the House of Representatives a report summarizing
the workload of the Court during the last fiscal year that ended before
the submission of such report. Such report shall include, with respect
to such fiscal year, the following information:
``(1) The number of appeals filed.
``(2) The number of petitions filed.
``(3) The number of applications filed under section 2412
of title 28.
``(4) The number and type of dispositions, including
settlements.
``(5) The median time from filing to disposition.
``(6) The number of oral arguments.
``(7) The number and status of pending appeals and
petitions and of applications described in paragraph (3).
``(8) A summary of any service performed by recalled
retired judges during the fiscal year.
``(9) The number of decisions or dispositions rendered by a
single judge, multi-judge panels and the full Court.
``(10) The number of cases pending longer than 18
months.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 72 of such title is amended by inserting after the item related
to section 7287, the following new item:
``7288. Annual report.''.
SEC. 5. REPORT ON EXPANSION OF FACILITIES FOR UNITED STATES COURT OF
APPEALS FOR VETERANS CLAIMS.
(a) Findings.--Congress finds the following:
(1) The United States Court of Appeals for Veterans Claims
is currently located in the District of Columbia in a
commercial office building that is also occupied by other
Federal tenants.
(2) In February 2006, the General Services Administration
provided Congress with a preliminary feasibility analysis of a
dedicated Veterans Courthouse and Justice Center that would
house the Court and other entities that work with the Court.
(3) In February 2007, the Court notified Congress that the
``most cost-effective alternative appears to be leasing
substantial additional space in the current location'', which
would ``require relocating other current government tenants''
from that building.
(4) The February 2006 feasibility report of the General
Services Administration does not include an analysis of whether
it would be feasible or desirable to locate a Veterans
Courthouse and Justice Center at the current location of the
Court.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Court of Appeals for Veterans Claims
should be provided with appropriate office space to meet its
needs, as well as to provide the image, security, and stature
befitting a court that provides justice to the veterans of the
United States; and
(2) in providing that space, Congress should avoid undue
disruption, inconvenience, or cost to other Federal entities.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Administrator of General
Services shall submit to the Committee on Veterans' Affairs of
the Senate and the Committee on Veterans' Affairs of the House
of Representatives a report on the feasibility of--
(A) leasing additional space for the United States
Court of Appeals for Veterans Claims within the
building where the Court was located on the date of the
enactment of this Act; and
(B) using the entirety of such building as a
Veterans Courthouse and Justice Center.
(2) Contents.--The report required by paragraph (1) shall
include a detailed analysis of the following:
(A) The impact that the matter analyzed in
accordance with paragraph (1) would have on Federal
tenants of the building used by the Court.
(B) Whether it would be feasible to relocate such
Federal tenants into office space that offers similar
or preferable cost, convenience, and usable square
footage.
(C) If relocation of such Federal tenants is found
to be feasible and desirable, an analysis of what steps
should be taken to convert the building into a Veterans
Courthouse and Justice Center and a time line for such
conversion.
(D) If relocation is not desirable, then the cost
of constructing a new facility for the use as a
Veterans Courthouse and Justice Center.
(3) Comment period.--The Administrator shall provide an
opportunity to such Federal tenants--
(A) before the completion of the report required by
paragraph (1), to comment on the subject of the report
required by such paragraph; and
(B) before the Administrator submits the report
required by paragraph (1) to the congressional
committees specified in such paragraph, to comment on a
draft of such report. | Veterans Quality of Life Study Act of 2007 - Directs the Secretary of Veterans Affairs to contract with the Institute of Medicine, or other appropriate entity, to conduct a study analyzing the extent to which the Department of Veterans Affairs schedule for rating disabilities accounts for or should be amended to account, measure, and compensate for loss of quality of life to veterans due to a disability resulting from a personal injury suffered or disease contracted in the line of duty.
Provides that if a veteran who is a claimant dies before completing the submission of a claim for benefits, the person who would receive any accrued benefits due to such veteran shall be treated as the claimant for purposes of completing submission of the claim.
Requires an annual report from the chief judge of the U.S. Court of Appeals for Veterans Claims (Court) to the congressional veterans' committees summarizing the Court's workload.
Expresses the sense of Congress that the Court should be provided with appropriate office space, without undue disruption, inconvenience, or cost. Requires a report from the Administrator of General Services to the veterans' committees on the feasibility of leasing additional space for the Court, and using the entire building in which the Court is now housed as a Veterans Courthouse and Justice Center. | To amend title 38, United States Code, to require a study on the Department of Veterans Affairs schedule for rating disabilities, to provide for the treatment of claims under laws administered by the Secretary of Veterans Affairs in the case of the death of a claimant, to require an annual report on the workload of the Court of Appeals for Veteran Claims, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Disaster Assistance
Act of 1999''.
SEC. 2. DISASTER ASSISTANCE TO REOPEN SMALL BUSINESS CONCERNS AND
AGRICULTURAL ENTERPRISES.
Section 7 of the Small Business Act (15 U.S.C. 636) is amended--
(1) in subsection (b), by inserting before the undesignated
paragraph that begins with ``No loan under this subsection,''
the following:
``(4) In accordance with subsection (o), the Administration may
make grants and loans under this subsection.''; and
(2) by adding at the end the following:
``(o) Disaster Assistance Programs To Reopen Small Business
Concerns and Agricultural Enterprises.--
``(1) Grant program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make grants to
small business concerns and agricultural enterprises
following a natural or other disaster to assist such
concerns and enterprises in reopening for business.
``(B) Eligibility.--A small business concern or
agricultural enterprise may receive a grant under this
paragraph only if it--
``(i) was a viable business concern (as
determined by the Administration) at the time
of the disaster; and
``(ii) is likely to be a viable business
concern (as determined by the Administration)
after receiving assistance under this
subsection.
``(C) Maximum.--The Administration may make no
grant under this paragraph that exceeds $30,000.
``(D) Timing.--In making grants under this
paragraph, the Administration shall disburse grant
funds as soon as is practicable after a disaster.
``(2) Loan program.--
``(A) In general.--In accordance with this
subsection and subsection (b) (to the extent that
subsection (b) is not inconsistent with this
subsection), the Administration may make loans to small
business concerns following a natural or other disaster
to assist such concerns in reopening and remaining open for business.
``(B) Direct and guaranteed loans permissible.--The
Administration may make loans under this paragraph
either directly or in cooperation with banks or other
lending institutions through agreements to participate
on an immediate or deferred (guaranteed) basis.
``(C) Repayment.--
``(i) One-year deferral.--The
Administration may not require the borrower
with respect to a loan made under this
paragraph to repay any principal of the loan,
or any interest on such principal, before the
date that is 1 year after the date on which the
proceeds of the loan are disbursed.
``(ii) Application of repaid amounts.--The
Administration shall apply all amounts repaid
with respect to a loan made under this
paragraph--
``(I) to the principal of the loan;
and
``(II) to the extent that such
amounts are sufficient, to the interest
on such principal.
``(3) Limitation on eligibility.--Notwithstanding any other
provision of this subsection, the Administration may not make
assistance available under this subsection to any person,
concern, or enterprise that is in default of any outstanding--
``(A) Federal obligation;
``(B) child support obligation; or
``(C) judgment of a Federal of State court.
``(4) Use of proceeds.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
the recipient to--
``(A) agree to use the proceeds of such grant or
loan only to repair or replace items and structures
that were lost or damaged as a result of a disaster;
and
``(B) agree not to use any of the proceeds of such
grant or loan for relocation, unless the recipient is
directed by a government agency to relocate for safety,
health, or mitigation purposes.
``(5) Flood insurance.--As a condition of receiving a grant
or loan under this subsection, the Administration shall require
each recipient that operates in a location that the
Administration determines is prone to flooding--
``(A) to obtain flood insurance, or to ensure that
such insurance is obtained, for the maximum insurable
value of the concern's structure (whether owned or
leased) and the contents of such structure; and
``(B) to maintain such flood insurance for the
period of time that the concern continues to operate in
such a location.
``(6) Agricultural enterprises.--
``(A) Defined.--In this subsection, the term
`agricultural enterprise' means--
``(i) an agricultural enterprise within the
meaning of the term under section 3(a); and
``(ii) a farm not larger than a family farm
within the meaning of such term under section
321 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961).
``(B) Consultation requirement.--Before issuing
regulations to implement paragraph (1), the
Administration shall consult with the Secretary of
Agriculture with respect to the effect of such
regulations on agricultural enterprises.''.
SEC. 3. CONFORMING AMENDMENT.
Section 4(f)(1) (15 U.S.C. 633(f)(1)) of the Small Business Act is
amended by striking ``section 462(b) of the Social Security Act'' and
inserting ``section 459 of the Social Security Act''.
SEC. 4. APPLICABILITY.
The amendments made by section 2 shall apply to any major disaster
declared after September 1, 1999. | Authorizes the SBA to make loans, either directly or through banks or other lending institutions, to small businesses following a natural or other disaster to assist such businesses in reopening. Outlines loan requirements, including requiring businesses operating in flood-prone areas to carry flood insurance. | Small Business Disaster Assistance Act of 1999 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore American Dream Act of
2007''.
SEC. 2. HOMEOWNERSHIP PLANS.
(a) In General.--Part VII of subchapter B of chapter I of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 224 as
section 225, and by inserting after section 223 the following new
section:
``SEC. 224. HOMEOWNERSHIP PLANS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction the amounts paid in cash for the
taxable year by or on behalf of such individual to a homeownership plan
established for the benefit of the individual.
``(b) Limitations.--
``(1) Maximum deduction.--The deduction allowed by
subsection (a) for the taxable year shall not exceed the
limitation of section 415(c) (relating to limitation for
defined contribution plans).
``(2) Deduction not to exceed compensation.--The deduction
allowed under subsection (a) for the taxable year shall not
exceed an amount equal to the compensation includible in the
individual's gross income for such taxable year.
``(3) Period for deductions.--No deduction shall be allowed
under subsection (a) for any contribution made to a
homeownership plan after the contribution period.
``(4) Number of plans.--If an individual is the beneficiary
of more than 1 homeownership plan during any taxable year, no
deduction shall be allowed under subsection (a) for any amount
paid for such taxable year to any homeownership plan
established for the benefit of such individual.
``(5) Married individuals.--For purposes of this section--
``(A) Treatment.--Married individuals filing either
a joint return or separate returns shall be considered
to be 1 individual.
``(B) Establishment of plan.--A homeownership plan
established for the benefit of any married individual
shall be deemed to be established for the exclusive
benefit of the individual and such individual's spouse.
``(C) Merger of plans.--In the event that 2
individuals for each of whose benefit a homeownership
plan has been established should marry, the 2 plans
shall be deemed to be merged into 1 plan. Thereafter,
subject to paragraph (1), each individual may make
contributions during the remainder of the contribution
period applicable to that individual.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Homeownership plan.--The term `homeownership plan'
means a trust created or organized in the United States
exclusively for the purpose of paying qualified principal
residence acquisition expenses of the account holder, but only
if such account holder meets the ownership limitations
specified in paragraph (3) and 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
the 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.
``(D) The assets of the trust shall be invested in
accordance with the direction of the account holder.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(F) The interest of an individual in the balance
in his account is nonforfeitable.
``(G) The entire interest of an individual for
whose benefit the trust is maintained will be
distributed to such individual at the end of the
contribution period.
``(2) Qualified principal residence acquisition expenses.--
The term `qualified principal residence acquisition expense'
means an expense incurred by the taxpayer with respect to
acquiring a principal residence, including expenses for a
downpayment, interest, points, homeowners and mortgage
insurance, other closing costs, and other related items.
``(3) Ownership limitations.--The account holder shall be
an individual who, after attaining the age of 19 (or in the
case of a student has not attained the age of 24), has never
had a present ownership interest in a principal residence.
``(4) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121.
``(5) Contribution period.--
``(A) In general.--The term `contribution period'
means the 9-year period beginning on the date on which
the homeownership plan is established.
``(B) After death or divorce.--In the case of plan
treated as a homeownership plan under paragraph (4) or
(5) of subsection (d), the contribution period shall be
the remaining portion of the 9-year period described in
subparagraph (A), determined by taking into account
only the employment and enrollment of the account
holder. In no event may the contribution period exceed
14 years.
``(6) Time when contributions deemed made.--A taxpayer
shall be deemed to have made a contribution to a homeownership
plan on the last day of the preceding 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).
``(7) Financial hardship.--The term `financial hardship'
means an individual can withdraw from the homeownership plan
if--
``(A) the withdrawal is due to an immediate and
heavy financial need,
``(B) the withdrawal is necessary to satisfy the
heavy financial need, and
``(C) the withdrawal does not exceed the amount
that is needed to relieve the heavy financial need.
``(d) Tax Treatment of Distributions.--
``(1) Amounts used for qualified principal residence
acquisition expenses.--Any amount paid or distributed out of a
homeownership plan which is used exclusively to pay qualified
principal residence acquisition expenses of the account holder
shall not be includible in gross income.
``(2) Inclusion of amounts not used for qualified principal
residence acquisition expenses.--Any amount paid or distributed
out of a homeownership plan which is not used exclusively to
pay the qualified principal residence acquisition expenses of
the account holder shall be included in the gross income of
such holder.
``(3) Excess contributions returned before due date of
return.--Paragraph (2) shall not apply to the distribution of
any contribution made during a taxable year to a homeownership
plan to the extent that such contribution exceeds the amount
allowable as a deduction under subsection (a) if--
``(A) such distribution is received on or before
the day prescribed by law (including extensions of
time) for filing such individual's return for such
taxable year,
``(B) such distribution is accompanied by the
amount of net income attributable to such excess
contribution.
Any net income described in subparagraph (B) shall be included
in the gross income of the individual for the taxable year in
which such excess contribution was made.
``(4) Transfer of plan incident to divorce.--The transfer
to an individual's spouse or former spouse under a divorce or
separation instrument described in subparagraph (A) of section
71(b)(2) 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 a homeownership plan of such spouse with respect
to which such spouse is the account holder. For purposes of
subsection (c)(1)(G), the spouse shall take into account the
period such plan was held by the individual transferring the
interest.
``(5) Transfer of plan incident to death.--The transfer of
a decedent's interest in a homeownership plan to such
decedent's spouse shall not be considered a taxable transfer
made by such decedent notwithstanding any other provision of
this subtitle, and such interest at the time of the transfer
shall be treated as a homeownership plan of the surviving
spouse with respect to which such spouse is the account holder.
For purposes of subsection (c)(1)(G), the surviving spouse
shall take into account the period such plan was held by the
decedent transferring the interest.
``(e) Tax Treatment of Plans.--
``(1) Exemption from tax.--A homeownership plan shall be
exempt from taxation under this subtitle unless such plan has
ceased to be a homeownership plan. Notwithstanding the
preceding sentence, any such plan 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 plan where individual engages in
prohibited transactions.--
``(A) In general.--If, during any taxable year of
the individual for whose benefit the homeownership plan
is established, the individual engages in any
transaction prohibited by section 4975 with respect to
the plan, the plan shall cease to be a homeownership
plan as of the first day of such taxable year.
``(B) Financial hardship exception.--Subparagraph
(A) shall not apply if such individual experiences
financial hardship and engaged in such transaction--
``(i) to pay medical expenses; or
``(ii) to cover funeral expenses for a
family member.
For purposes of this subparagraph, the individual for
whose benefit any plan was established is treated as
the creator of the plan.
``(C) Plan treated as distributing all its
assets.--In any case in which any plan ceases to be a
homeownership plan by reason of subparagraph (A), on
the first day of any taxable year, subsection (d)(1)
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 plan (on
such first day).
``(3) Effect of pledging plan as security.--If, during any
taxable year, an individual for whose benefit a homeownership
plan is established uses the plan or any portion thereof as
security for a loan, the portion so used shall be treated as
distributed to such individual.
``(4) Effect of acquisition of principal residence.--
``(A) In general.--In the event that the individual
for whose benefit a homeownership plan is established
acquires a principal residence in any taxable year,
such plan shall cease to be a homeownership plan and
all assets in the plan shall be treated as distributed
to such individual on the first day of such taxable
year.
``(B) Special rules upon marriage.--For purposes of
subparagraph (A), an individual for whose benefit a
homeownership plan is established shall not be treated
as having acquired a principal residence if, after the
establishment of such plan, such individual--
``(i) marries an individual who owns a
principal residence, but
``(ii) does not obtain an ownership
interest in such residence.
``(f) Additional Tax on Certain Amounts Included in Gross Income.--
``(1) Distribution not used for purchase of principal
residence.--The tax imposed by this chapter on the account
holder for any taxable year in which there is a payment or
distribution from a homeownership plan of such holder which is
includible in gross income under subsection (d)(2) shall be
increased by 10 percent of the amount which is so includible.
``(2) Disability or death cases.--Paragraph (1) shall not
apply if the distribution is made after the individual for
whose benefit the homeownership plan is established becomes
disabled within the meaning of section 72(m)(7) or dies.
``(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 a homeownership
plan 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 a homeownership plan shall make such
reports regarding such plan to the Secretary and to the individual for
whose benefit the plan 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.
``(i) Plans Established by Employers.--A trust created or organized
in the United States by an employer for the exclusive benefit of the
employees of the employer shall be treated as a homeownership plan, but
only if the written governing instrument creating the plan meets the
following requirements:
``(1) General requirements for homeownership plans.--The
plan satisfies the requirements of subparagraphs (A) through
(G) of subsection (c)(1).
``(2) Separate accounting.--There is a separate accounting
for the interest of each employee. The assets of the trust may
be held in a common fund for the account of all employees who
have an interest in the trust.
``(3) Additional requirements.--The plan satisfies
requirements, established in regulations issued by the
Secretary, similar to the requirements set forth in paragraphs
(2) through (8) of section 408(k) (other than paragraph
(2)(B)).''
(b) Allowance of Deduction in Arriving at Adjusted Gross Income.--
Paragraph (7) of section 62(a) of such Code (relating to retirement
savings) is amended--
(1) by inserting ``or housing'' after ``retirement'' in the
heading of such paragraph; and
(2) by inserting before the period at the end the
following: ``and the deduction allowed by section 224 (relating
to deduction of certain payments to homeownership plans)''.
(c) Tax on Excess Contributions.--Section 4973 of such Code
(relating to tax on excess contributions to certain tax-favored
accounts and annuities) is amended--
(1) by inserting after paragraph (5) the following:
``(6) a homeownership plan (within the meaning of section
224(c)),''; and
(2) by adding at the end the following new subsection:
``(h) Excess Contributions to Homeownership Plans.--For purposes of
this section, in the case of a homeownership plan (within the meaning
of section 224(c)(1)), the term `excess contributions' means the amount
by which the amount contributed for the taxable year to the plan
exceeds the amount allowable as a deduction under section 224 for such
taxable year.''.
(d) Tax on Prohibited Transactions.--Section 4975 of such Code
(relating to tax on prohibited transactions) is amended--
(1) by adding at the end of subsection (c) the following
new paragraph:
``(7) Special rule for homeownership plans.--An individual
for whose benefit a homeownership plan is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such plan (which would otherwise be
taxable under this section) if, with respect to such
transaction, the plan ceases to be a homeownership plan by
reason of the application of section 222(e)(2)(A) or if section
222(e)(3) applies to such plan.''; and
(2) in subsection (e)(1) by striking ``or'' at the end of
subparagraph (F), by redesignating subparagraph (G) as
subparagraph (H) and inserting after subparagraph (F) the
following new subparagraph:
``(G) a homeownership plan described in section
224(c), or''.
(e) Failure To Provide Reports on Homeownership Plans.--Paragraph
(2) of section 6693(a) of such Code (relating to failure to provide
reports on certain tax-favored accounts or annuities; penalties
relating to designated nondeductible contributions) is amended by
striking ``and'' at the end of subparagraph (D), by striking the period
at the end of subparagraph (E) and inserting ``, and'', and by
inserting after subparagraph (E) to following new subparagraph:
``(F) section 224(i) (relating to homeownership
plans).''.
(f) Clerical Amendments.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 224 and inserting the following:
``Sec. 224. Homeownership plans.
``Sec. 225. Cross reference.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Restore American Dream Act of 2007 - Amends the Internal Revenue Code to establish tax-exempt homeownership plans. Allows a tax deduction from gross income for cash contributions to such plans.
Defines "homeownership plan" as a trust established for the exclusive purpose of paying the costs (e.g., downpayment, interest, mortgage insurance, closing costs, etc.) of acquiring a principal residence by an individual who has never owned a principal residence.
Excludes from gross income distributions from a homeownership plan used to pay the costs of acquiring a principal residence. Sets forth rules governing: (1) transfers of an interest in a plan due to death or divorce; (2) penalties for making distributions from a plan for purposes other than to acquire a principal residence; and (3) employer homeownership plans established for the benefit of their employees. | To amend the Internal Revenue Code of 1986 to provide for the establishment of, and the deduction of contributions to, homeownership plans. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Patient Education Act
of 2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The American Cancer Society estimates that in 2015,
about 231,840 new cases of breast cancer will be diagnosed in
women in the United States.
(2) Breast cancer has a disproportionate and detrimental
impact on African-American women and is the most common cancer
among Hispanic women.
(3) African-American women under the age of 40 have a
greater incidence of breast cancer than Caucasian women of the
same age.
(4) According to the Health Resources and Services
Administration, women residing in rural areas may have lower
rates of mammography screening compared to non-rural women
because of barriers to health care, such as greater distances
to medical facilities and lower educational, income, and health
insurance levels.
(5) Individuals undergoing surgery for breast cancer should
have the opportunity to give due consideration to the option of
breast reconstructive surgery, either at the same time as the
breast cancer surgery or at a later date.
(6) According to the American Cancer Society, immediate
breast reconstruction offers the advantage of combining the
breast cancer surgery with the reconstructive surgery and is
cost effective, while delayed breast reconstruction may be
advantageous in women who require post-surgical radiation or
other treatments.
(7) A woman who has had a breast removed may not be a
candidate for surgical breast reconstruction or may choose not
to undergo additional surgery and instead choose breast
prostheses.
(8) The Women's Health and Cancer Rights Act of 1998
(Public Law 105-277) requires health plans that offer medical
and surgical benefits with respect to a mastectomy to also
provide coverage for all stages of reconstruction of the breast
on which the mastectomy has been performed, surgery and
reconstruction of the other breast to produce a symmetrical
appearance, prostheses, and physical complications of
mastectomy, including lymphedemas.
(9) A 2007 study by Amy Alderman, M.D., at the University
of Michigan reported that up to 70 percent of women eligible
for breast reconstruction are not informed of their
reconstructive options by their general surgeon.
(10) A 2003 study by Alderman and others found that race is
a significant predictor of reconstruction. Compared with the
odds of reconstruction for Caucasians, the odds of
reconstruction for African-Americans, Hispanics, and Asians are
significantly less.
(11) A 2007 study by Caprice Greenberg, M.D., of the Dana
Farber Cancer Institute and others found that Hispanic patients
were less likely to receive reconstruction. This may be because
of language barriers between the patient and provider. Although
72 percent of patients who primarily spoke English went on to
receive reconstruction after discussing it with their
providers, no patient in the study with a primary language
other than English went on to receive reconstruction.
(12) A 2009 study by Alderman and others also found that
the relationship between race and reconstruction rates
persisted when demographic and clinical factors were controlled
for in the study. Minority women are significantly less likely
than Caucasians to see a plastic surgeon before initial
surgery, are most likely to desire more information about
reconstruction, and satisfaction is lowest among minority women
without reconstruction.
(13) The low use of reconstruction for minorities is not
explained by lower demand for the procedure. Lower health
literacy, financial issues, and less access to plastic surgeons
emerged as barriers to reconstruction in the 2009 Alderman
study. These results suggest that there is a substantial unmet
need for information, especially among racial and ethnic
minority groups, regarding reconstruction options and coverage
required under the Women's Health and Cancer Rights Act of
1998.
(14) A 2010 study by Warren H. Tseng, M.D., and others at
the University of California Davis found that patients from
rural areas are less likely to undergo breast reconstruction
following mastectomy for breast cancer than their urban
counterparts.
SEC. 3. BREAST RECONSTRUCTION EDUCATION.
Part V of title III of the Public Health Service Act (42 U.S.C.
280m) is amended by adding at the end the following:
``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.
``(a) In General.--The Secretary shall provide for the planning and
implementation of an education campaign to inform breast cancer
patients anticipating surgery about the availability and coverage of
breast reconstruction, prostheses, and other options, with a focus on
informing patients who are members of racial and ethnic minority
groups.
``(b) Information To Be Disseminated.--
``(1) Specific information.--Such campaign shall include
dissemination of the following information:
``(A) Breast reconstruction is possible at the time
of breast cancer surgery, or at a later time.
``(B) Prostheses or breast forms may be available.
``(C) Federal law mandates both public and private
health plans to include coverage of breast
reconstruction and prostheses.
``(D) The patient has a right to choose a provider
of reconstructive care, including the potential
transfer of care to a surgeon that provides breast
reconstructive care.
``(E) The patient may opt to undergo breast
reconstruction some time after the time of breast
cancer surgery for personal or medical reasons, during
treatment or after completion of all other breast
cancer treatments.
``(2) Other information.--In addition to the information
described in paragraph (1), such campaign may include
dissemination of such other information (whether developed by
the Secretary or by other entities), as the Secretary
determines appropriate.
``(3) Required publication.--The information required to be
disseminated under paragraph (1) and any information
disseminated in accordance with paragraph (2) shall be posted
on the Internet Web sites of relevant Federal agencies,
including the Office of Women's Health, the Office of Minority
Health, and the Office of Rural Health Policy.
``(4) Restriction.--Such campaign shall not specify, or be
designed to serve as a tool to limit, the health care providers
available to patients.
``(c) Consultation.--In developing the information to be
disseminated under this section, the Secretary shall consult with
appropriate medical societies and patient advocates related to breast
cancer, breast reconstructive surgery, breast prostheses, and breast
forms and with patient advocates representing racial and ethnic
minority groups with a special emphasis on African-American and
Hispanic populations.
``(d) Definitions.--In this section, the terms `racial and ethnic
minority group' and `Hispanic' have the meanings given such terms in
section 1707.
``(e) Report.--Not later than 2 years after date of enactment of
the Breast Cancer Patient Education Act of 2015 and every 2 years
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report describing
the activities carried out under this section during the preceding 2
fiscal years, and an evaluation of the extent to which such activities
have been effective in improving the health and well-being of racial
and ethnic minority groups.''. | Breast Cancer Patient Education Act of 2015 Amends the Public Health Service Act to direct the Department of Health and Human Services to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery about the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. | Breast Cancer Patient Education Act of 2015 |
SECTION 1. EXCEPTIONS FOR SHORT-SUPPLY SITUATIONS.
(a) In General.--Chapter 1 of subtitle C of title VII of the Tariff
Act of 1930 (19 U.S.C. 1675) is amended by adding at the end the
following new section:
``SEC. 752. EXCEPTIONS FOR SHORT-SUPPLY SITUATIONS.
``(a) In General.--
``(1) Petition.--If a short-supply petition is filed under
this section and the administering authority determines that a
short-supply situation exists with respect to a particular
product which is within the same class or kind as merchandise
that is the subject of an order or finding described in
paragraph (2), the administering authority shall suspend the
order or finding and shall authorize the importation of
additional quantities of the product free of duties, estimated
duty deposits, reporting requirements, or other restrictions,
unless the administering authority determines that such imports
will erode the pricing structure of the domestic merchandise
that is comparable to the class or kind of merchandise subject
to an order or finding.
``(2) Order or finding.--An order or finding described in
this paragraph is--
``(A) an antidumping order issued under section
736,
``(B) a finding issued under the Antidumping Act,
1921, or
``(C) a countervailing duty order issued under
section 706 or 303.
``(b) Factors.--In determining whether a short-supply situation
exists in the United States with respect to a product, the
administering authority shall consider all relevant factors,
including--
``(1) if there is domestic production of the product with
respect to which the short-supply petition has been filed;
``(2) to the extent information is available, the recent
levels of capacity utilization of domestic facilities producing
the product;
``(3) the quantity of the product requested in the short-
supply petition and the ability of domestic producers to supply
the product in such quantity;
``(4) the reasonableness of the specifications requested by
the purchaser or end-user of the product; and
``(5) the time the product can be delivered to the
purchaser or end-user.
``(c) Procedures.--
``(1) Petitions.--An interested party may file with the
administering authority a petition requesting a determination
under this section at any time an order or finding described in
subsection (a)(2) is in effect. The petition shall be in such
form and contain such information as the administering
authority requires.
``(2) Publication.--If the administering authority finds
that a petition filed under paragraph (1) contains adequate
information, the administering authority shall promptly publish
in the Federal Register a notice that a determination under
this section is under consideration.
``(3) Comment.--The administering authority shall provide
opportunity for comment by interested parties regarding issues
raised in the petition.
``(4) Certification.--The petitioner and any interested
party submitting information shall certify that the information
contained in the petition (or submission, as the case may be)
is accurate and complete to the best of the petitioner's or
party's knowledge.
``(5) Consultations.--In making a determination under this
section, the administering authority shall consult with
domestic users of the product.
``(d) Determination.--
``(1) In general.--In any case in which the administering
authority finds that a short-supply petition contains adequate
information, the administering authority shall determine, not
later than the day specified in paragraph (2)--
``(A) if a short-supply situation exists in the
United States with respect to the product; and
``(B) if the determination under subparagraph (A)
is affirmative, the quantity of the product, if any,
that may be imported into the United States without
regard to the antidumping or countervailing duty order
that would otherwise apply. In making the determination
under this subparagraph, the administering authority
may consider whether allowing particular quantities of
the product to be imported without regard to the
antidumping or countervailing duty order will erode the
pricing structure of the domestic merchandise that is
comparable to the class or kind of merchandise subject
to an order or finding.
``(2) Time limit for making short-supply determination.--
The administering authority shall make a determination
described in paragraph (1) not later than--
``(A) the 15th day after the date the petition is
filed if--
``(i) the administering authority
authorized the importation of additional
quantities of the product during each of the 2
years preceding the date the petition is filed,
or
``(ii) the administering authority finds,
on the basis of available information (without
regard to whether such information is available
as part of the petition under review), that the
product is not produced in the United States;
or
``(B) the 30th day after the date the petition is
filed if clause (i) or (ii) of subparagraph (A) does
not apply, except that if a petition under this section
is received more than 30 days before the issuance of an
antidumping or countervailing duty order with respect
to the product, the administering authority may make a
short-supply determination at the time and as part of
such order.
``(3) Rebuttable presumption.--If a petition is filed under
this section, there shall be a rebuttable presumption that the
short-supply situation alleged in the petition exists.
``(4) Short-supply allowance upon failure of a domestic
producer to supply.--If the administering authority determines
that a short-supply situation does not exist because a producer
in the United States states that it is willing and able to
supply the product in the quantity requested at the
specifications, price, and delivery date requested, and the
producer fails to supply the product as promised, the
administering authority shall, within 3 days of being notified
of the failure, grant a short-supply allowance for the quantity
the domestic producer failed to supply.
``(e) Notice.--The administering authority shall publish in the
Federal Register notice of each determination made under this section
and the reasons therefore.
``(f) Definitions and Special Rules.--For purposes of this section:
``(1) Interested party.--The term `interested party'
means--
``(A) a United States producer or consumer of the
product;
``(B) a United States importer or distributor of
the product; and
``(C) a foreign exporter or producer who will
supply the product to a United States producer,
consumer, importer, or distributor.
``(2) Product.--The term `product' means the product for
which a short-supply allowance is requested, or material which
possesses the same physical characteristics and performance
standards and which can be used for the same application
without imposing any significant alteration costs for the
consumer.
``(3) Reasonable specifications.--The term `reasonable
specifications' means specifications that are developed in the
ordinary course of business. The administering authority shall
apply a rebuttable presumption that specifications are
reasonable whenever such specifications have been in use
either--
``(A) prior to the filing of an antidumping or
countervailing duty petition; or
``(B) more than two years.
``(4) Erode the pricing structure.--The term `erode the
pricing structure' means United States prices for the domestic
merchandise comparable to the class or kind of merchandise
subject to an order or finding will be suppressed by reason of
the importation of specified quantities of the product pursuant
to a short supply allowance. The Secretary shall apply a
rebuttable presumption that the imported product will not erode
the pricing structure of the comparable domestic merchandise
whenever--
``(A) no United States producers have produced a
product meeting the reasonable specifications within
the last six months, nor have any United States
producers either qualified to supply products meeting
such specifications (if such qualification is normally
required) or signed contracts that would require the
delivery of such products within the next six months;
or
``(B) domestic consumption of the product exceeds
domestic production by more than fifty percent, and the
quantity of product covered by a short supply
determination is less than half of the difference
between domestic consumption and domestic production.
In considering whether a short-supply determination would erode
the pricing structure, the administering authority shall
consider, among other factors--
(A) the quantity of short supply relief approved
within the applicable class or kind of merchandise; and
(B) the interchangeability between products subject
to short-supply determinations and other products
within the applicable class or kind of merchandise.
``(5) Short-supply allowance.--The term `short-supply
allowance' means an authorization by the administering
authority to permit importation into the United States,
including a foreign trade zone, of a quantity of product free
of duties imposed pursuant to an antidumping or countervailing
duty order issued under this title.''.
(b) Clerical Amendment.--The table of contents for title VII of the
Tariff Act of 1930 is amended by inserting after the item relating to
section 751 the following new item:
``Sec. 752. Exceptions for short-supply situations.''. | Amends the Tariff Act of 1930 to require the administering authority, whenever it has determined upon the filing of a short-supply petition that a short-supply situation exists with respect to a particular product within the same class or kind as merchandise that is the subject of an antidumping duty order or finding, or a countervailing duty order, to authorize the importation of additional quantities of such merchandise free of duties, estimated duty deposits, reporting requirements, and other restrictions, unless it determines that such imports will erode the pricing structure of domestic merchandise comparable to the class or kind of merchandise that is subject to such order or finding.
Requires the administering authority, whenever it finds that a short-supply petition contains adequate information, to determine: (1) if a short-supply situation exists in the United States with respect to a product; and (2) if an affirmative determination is made, the quantity of the product, if any, that may be imported into the United States without regard to the applicable antidumping or countervailing duty order. Requires the administering authority, if it determines that a short-supply situation does not exist because a U.S. producer states that it will supply the product in the quantity requested, and such producer fails to supply such product as promised, to grant a short-supply allowance for the quantity such producer failed to supply. | To amend the Tariff Act of 1930 to provide relief from antidumping and countervailing duty orders in cases of short supply. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Equipment, Training,
Hardware, Material, and Safety Knowledge Grant Act of 2003''.
SEC. 2. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT TRAINING AND
EQUIPMENT TO COMBAT METHAMPHETAMINE LABS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following new part:
``PART CC--MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT TRAINING AND
EQUIPMENT TO COMBAT METHAMPHETAMINE LABS
``SEC. 2901. PROGRAM AUTHORIZED.
``(a) In General.--The Director of the Bureau of Justice Assistance
is authorized to make grants to States, units of local government, and
Indian tribes to provide, to State, local, and tribal law enforcement
officers, protective equipment and training for use in investigating
and responding to offenses related to methamphetamine clandestine drug
laboratories.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to the State, unit of local
government, or Indian tribe; and
``(2) used to provide, to law enforcement officers in the
jurisdiction of the grantee--
``(A) protective equipment specified in subsection
(a); or
``(B) training specified in subsection (a), but
only if such training is carried out by a program
certified by the Federal Government or by the grantee's
State.
``(c) Matching Funds.--
``(1) In general.--The portion of the costs of a program
provided by a grant under subsection (a)--
``(A) may not exceed 50 percent; and
``(B) shall equal 50 percent, if such grant is to a
unit of local government with fewer than 100,000
residents.
``(d) Allocation to Small Jurisdictions.--Not less than 50 percent
of the amounts granted under this section in a fiscal year shall be
granted in a manner that provides such training or equipment to law
enforcement officers of communities with fewer than 100,000 residents.
``(e) Preferential Consideration.--In awarding grants under this
part, the Director of the Bureau of Justice Assistance may give
preferential consideration, if feasible, to an application from a
jurisdiction that--
``(1)(A) has the greatest need for protective equipment and
methamphetamine clandestine drug laboratory training; and
``(B) has a methamphetamine clandestine drug laboratory-
related seizures per capita rate at or above the national
average as determined by the National Clandestine Laboratory
Database of the El Paso Intelligence Center (known as EPIC); or
``(2) has consolidated local law enforcement effort by
creating multijurisdictional law taskforces.
``(f) Allocation of Funds.--Funds available under this part shall
be awarded, without regard to subsection (e), to each qualifying unit
of local government with fewer than 100,000 residents. Any remaining
funds available under this part shall be awarded to other qualifying
applicants.
``SEC. 2902. APPLICATIONS.
``(a) In General.--To request a grant under this part, the chief
executive of a State, unit of local government, or Indian tribe shall
submit an application to the Director of the Bureau of Justice
Assistance in such form and containing such information as the Director
may reasonably require.
``(b) Regulations.--Not later than 90 days after the date of the
enactment of this part, the Director of the Bureau of Justice
Assistance shall promulgate regulations to implement this section
(including the information that must be included and the requirements
that the States, units of local government, and Indian tribes must
meet) in submitting the applications required under this section.
``SEC. 2903. DEFINITIONS.
``For purposes of this part--
``(1) the term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands;
``(2) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level;
``(3) the term `Indian tribe' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e)); and
``(4) the term `law enforcement officer' means any officer,
agent, or employee of a State, unit of local government, or
Indian tribe authorized by law or by a government agency to
engage in or supervise the prevention, detection, or
investigation of any violation of criminal law, or authorized
by law to supervise sentenced criminal offenders.''.
(b) Authorization of Appropriations.--Section 1001(a) of such Act
(42 U.S.C. 3793) is amended by adding at the end the following new
paragraph:
``(25) There are authorized to be appropriated to carry out part
CC, $25,000,000 for each of fiscal years 2004 through 2006.''. | Methamphetamine Equipment, Training, Hardware, Material, and Safety Knowledge Grant Act of 2003 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make matching grants to States, local governments, and Indian tribes to provide to law enforcement officers protective equipment and training for investigating and responding to offenses related to methamphetamine clandestine drug laboratories.
Authorizes the Director to give preferential consideration to an application from a jurisdiction that: (1) has the greatest need and a methamphetamine clandestine drug laboratory-related seizures per capita rate at or above the national average; or (2) has consolidated local law enforcement effort by creating multi-jurisdictional law task forces. Requires funds to be awarded to each qualifying local government with fewer than 100,000 residents. | To provide grants for law enforcement training and equipment to combat methamphetamine labs. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Fields and Farm Economies
Act''.
SEC. 2. AMENDMENTS TO THE SOIL AND WATER RESOURCES CONSERVATION ACT OF
1977.
The Soil and Water Resources Conservation Act of 1977 (16 U.S.C.
2001 et seq.) is amended--
(1) in section 5(e), by striking ``and December 31, 2015''
and inserting ``December 31, 2015, and December 31, 2022'';
(2) in section 6(d), by striking ``, respectively'' and
inserting ``, and a program update shall be completed by
December 31, 2023'';
(3) in section 7--
(A) in subsection (a), by striking ``and 2016'' and
inserting ``, 2016, and 2022''; and
(B) in subsection (b), in the matter preceding
paragraph (1), by striking ``and 2017'' and inserting
``, 2017, and 2023'';
(4) in section 10, by striking ``2018'' and inserting
``2023'';
(5) by redesignating sections 8 through 10 as sections 9
though 11, respectively; and
(6) by inserting after section 7 the following:
``SEC. 8. CONSERVATION PROGRAMS ASSESSMENT.
``(a) In General.--In coordination with the appraisal of soil,
water, and related resources and with the national soil and water
conservation program established under this Act, the Secretary may
carry out a conservation effects assessment project to quantify the
environmental and economic effects of conservation practices, develop
the science base for managing the agricultural landscape for
environmental quality and sustainable productive capacity, and improve
the efficacy of conservation practices and programs by evaluating
conservation effects.
``(b) Scope.--The project under this subsection may be carried out
at national, regional, and watershed scales, and may include cropland,
grazing lands, wetlands, forests, and such other lands as the Secretary
may determine appropriate.
``(c) Activities.--The project under this subsection may include
research, literature reviews and bibliographies, modeling, assessment,
monitoring and data collection, outreach, extension education, and such
other activities as the Secretary may determine appropriate.
``SEC. 9. GOALS AND ASSESSMENT PROCESS FOR CONSERVATION PROGRAMS.
``(a) Natural Resource and Environmental Objectives and Outcomes.--
``(1) In general.--In coordination with the appraisal of
soil, water, and related resources, the soil and water
conservation program, and the conservation effects assessment
project established by this Act, the Secretary shall identify,
and periodically revise, specific natural resource and
environmental objectives and anticipated conservation outcomes
and results, by resource concern, for the conservation programs
established under subtitles D and H of title XII of the Food
Security Act of 1985 and the landscape conservation initiatives
developed by the Secretary.
``(2) Assessments.--To help measure outcomes and results,
the Secretary shall, to the maximum extent practicable, make
assessments of changes in the status and conditions of natural
resources and the environment that result from the application
of conservation activities supported directly by such
conservation programs and initiatives.
``(3) Monitoring and program evaluation.--The Secretary
shall establish a coordinated monitoring and evaluation process
for programs and initiatives to assess progress toward the
identified objectives, to gather information to improve program
and initiative implementation in accordance with desired
program and initiative outcomes and results, and to assess the
need for modifications to program or initiative rules or
statutes.
``(b) Monitoring and Program Evaluation.--
``(1) In general.--The Secretary shall use not more than
one percent of the total annual funding from the funds of the
Commodity Credit Corporation made available for new annual
enrollments for the conservation programs established under
subtitles D and H of title XII of the Food Security Act of 1985
to establish a comprehensive monitoring and program evaluation
process to assess progress in reaching natural resource and
environmental objectives identified in accordance with
subsection (a) and the contribution of individual programs and
initiatives, as well as the programs and initiatives
collectively, to that progress.
``(2) Implementation.--In implementing the monitoring and
program evaluation process under paragraph (1), the Secretary
may consider and incorporate resource concern inventories,
quality criteria, conservation practices and enhancements, and
such other information as the Secretary determines relevant for
applying the monitoring and program evaluation process across
each of the major land uses identified by the Secretary.
``(3) Monitoring and evaluation process.--
``(A) In general.--Not later than two years after
the date of enactment of this section, the Secretary
shall issue a design for the comprehensive monitoring
and evaluation process, a schedule for implementing the
process, and a plan for coordinating the process with
the national soil and water conservation program and
conservation effects assessment project established
under this Act.
``(B) Methodology.--The design for the monitoring
and evaluation process shall--
``(i) include detailed information
concerning the requisite frequency of the
monitoring process at the field, water body,
habitat, or other level and the manner in which
the data will be aggregated at the landscape or
watershed level, county or local level, State
level, national level, and any other level the
Secretary determines necessary; and
``(ii) take into account the cumulative
nature of conservation over time, the
interactions and sequencing effects between
conservation activities, the differing times
for conservation effects to be realized, and
other related measurement challenges.
``(C) Public research.--Notwithstanding any other
provision of law, in order to facilitate implementation
of the monitoring and evaluation process, the Secretary
shall make available conservation activity and program
data to cooperators and researchers engaged in public
research and evaluation activities to improve
conservation outcomes under this subsection, provided
that--
``(i) adequate assurances are provided to
the Secretary that any resulting research or
information will be made publicly available and
in a form that protects personally identifiable
information; and
``(ii) the National Technical Committee
finds that any such research is likely to
generate information that furthers the purpose
of this section.
``(4) Cooperative agreements.--The Secretary may implement
the monitoring evaluation process in part through cooperative
or contribution agreements with Federal, State, and local
agencies, universities and colleges, nongovernmental
organizations with requisite expertise, as determined by the
Secretary in consultation with the National Technical
Committee.
``(5) National technical committee.--
``(A) Composition.--The monitoring and evaluation
process shall be administered by the Natural Resources
Conservation Service with assistance from a national
technical committee appointed by the Secretary and
composed of individuals with relevant technical and
scientific expertise representing--
``(i) the Agricultural Research Service of
the Department of Agriculture;
``(ii) the Economic Research Service of the
Department of Agriculture;
``(iii) the Farm Service Agency of the
Department of Agriculture;
``(iv) the United States Fish and Wildlife
Service;
``(v) the Forest Service;
``(vi) the National Institute for Food and
Agriculture;
``(vii) the United States Geological
Survey;
``(viii) the Environmental Protection
Agency;
``(ix) State and tribal agencies;
``(x) land grant university natural
resource research programs;
``(xi) nongovernmental organizations with
expertise in the full array of conservation
issues and measurement and evaluation of
conservation outcomes; and
``(xii) such other agencies, institutions,
or organizations as the Secretary may determine
appropriate.
``(B) FACA exemption.--The national technical
committee shall be exempt from the Federal Advisory
Committee Act (5 U.S.C. App.).
``(C) Transparency.--The Secretary shall ensure the
proceedings and recommendations of the national
technical committee are available to the public.
``(6) Voluntary participation.--In carrying out this
subsection, the Secretary shall ensure that any on-farm
monitoring activities that may be included as part of the
monitoring and program evaluation process are voluntary on the
part of the producer, and may include appropriate compensation,
as determined by the Secretary.
``(c) Reporting.--
``(1) Report on objectives and methods.--Beginning in the
fiscal year that is 3 years after the date of enactment of this
subsection, and periodically thereafter, as determined by the
Secretary, the Secretary shall submit to Congress, and make
publicly available, a report that includes--
``(A) a description of conservation outcome
objectives that are, to the maximum extent practicable,
quantitative, measurable, and time-bound for each
program established under subtitle D or H of the Food
Security Act of 1985 and the landscape conservation
initiatives developed by the Secretary;
``(B) a description of the approaches, tools, and
methods used to measure or model the conservation
outcomes and results and to estimate the cost-
effectiveness of each such program; and
``(C) guidance to the conservation project partners
working to implement conservation programs within a
landscape-level project that provides a description of
the approaches, tools, and methods the partners might
consider using to measure and model the conservation
outcomes and results of their projects.
``(2) Report on outcomes.--In conjunction with each of the
reports to Congress pursuant to section 7, the Secretary shall
submit to Congress, and make publicly available, a report that
includes--
``(A) an assessment of progress made towards
achieving conservation program objectives and
anticipated outcomes and results for each conservation
program established under subtitle D or H of title XII
of the Food Security Act of 1985, as well as for such
programs collectively, and the landscape conservation
initiatives developed by the Secretary;
``(B) an evaluation of the cost-effectiveness of
each such conservation program and initiative; and
``(C) recommendations, in light of the assessment
and evaluation, to improve program implementation and
improve the scientific and economic tools (including
any new or revised conservation practices, conservation
enhancements, or conservation planning tools) used to
achieve stated natural resource conservation and
environmental objectives.
``(3) Coordination.--The Secretary may coordinate the
reports required under paragraphs (1) and (2) with any reports
developed as part of the conservation effects assessment
project authorized by section 8, whenever such coordination is
feasible and warranted, as determined by the Secretary.''. | Healthy Fields and Farm Economies Act This bill reauthorizes and modifies the Soil and Water Resources Conservation Act of 1977, which provides the Department of Agriculture (USDA) with strategic assessment and planning authority for the conservation, protection, and enhancement of soil, water, and related natural resources. The bill authorizes USDA to establish a conservation effects assessment project to: quantify the environmental and economic effects of conservation practices, develop the science base for managing the agricultural landscape for environmental quality and sustainable productive capacity, and improve the efficacy of conservation practices and programs by evaluating conservation effects. USDA must establish a goals and assessment process for conservation programs that includes: the identification of natural resource and environmental objectives, outcomes, and results for the programs; assessments of the resulting changes in the status and conditions of natural resource and the environment; and a monitoring and evaluation process for the programs and initiatives. In implementing the monitoring and evaluation process, USDA must use certain funds provided for conservation programs and establish a National Technical Committee. USDA may enter into cooperative agreements with government agencies, universities and colleges, and nongovernmental organizations to assist in implementing the monitoring and evaluation process. The bill also sets forth reporting requirements regarding the progress conservation programs have made in achieving the objectives and outcomes. | Healthy Fields and Farm Economies Act |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian Fissile Materials
Disposition Loan Guarantee Act of 2000''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The proliferation of nuclear weapons represents a risk
to the national security of the United States.
(2) Countries seeking new nuclear weapons capabilities
require both technical expertise and nuclear weapons materials.
(3) The nuclear weapons complex of the former Soviet Union
contains large amounts of such technical expertise and
materials and could present risks for nuclear proliferation.
(4) Several current programs address the potential for loss
of such technical expertise and materials.
(5) Progress on the Highly Enriched Uranium Agreement and
on the Plutonium Disposition Agreement will enhance United
States security against nuclear proliferation, but United
States security would be further enhanced were additional
progress achieved in securing and disposing of the nuclear
weapons materials of the former Soviet Union.
(6) In addition to the programs referred to in paragraphs
(4) and (5), a program providing for the placement of nuclear
weapons materials of the Russian Federation under permanent
safeguards in exchange for the guarantee of loans for
nonproliferation programs and activities of the Russian
Federation could enhance the economy of the Russian Federation
and achieve the interest of nations worldwide in providing for
the security of nuclear weapons materials that are not
currently under international safeguards.<plus-minus>
SEC. 3. LOAN GUARANTEES.
(a) Authority To Guarantee Loan.--Subject to the provisions of this
section, the Secretary of Energy may, with the approval of the
President, guarantee loans made to the Government of the Russian
Federation for purposes of nuclear nonproliferation programs and
activities of the Government of the Russian Federation.
(b) Limitations on Guarantees.--(1) The aggregate amount of loan
principal covered by guarantees under this section at any one time may
not exceed $1,000,000,000.
(2) The guarantee of a loan under this section applies to principal
and to interest on principal only up to 3 percent of principal.
(c) Loans Eligible for Guarantee.--(1) A loan eligible for
guarantee under this section is any loan made by a private lender to
the Government of the Russian Federation the proceeds of which are to
be utilized by the Government of the Russian Federation for one or both
of the following purposes:
(A) Support of nuclear nonproliferation programs and
activities of the Government of the Russian Federation.
(B) Development of the energy infrastructure of the Russian
Federation, including peaceful uses of nuclear energy in a
manner that complies with the Nuclear Nonproliferation Treaty.
(2) A loan is not eligible for guarantee under this section if the
proceeds of the loan are to be used for any purpose or activity under
the Plutonium Disposition Agreement, including to cover the costs of
the manufacture and use of mixed oxide (MOX) fuel in Russia under the
Plutonium Disposition Agreement.
(d) Loan Terms.--A loan guaranteed under this section shall have
the following terms:
(1) The loan principal shall be in increments of
$20,000,000.
(2) The term of the loan with respect to any principal
increment of the loan shall be not less than 15 years.
(3) Payments of principal and interest on the loan shall be
based on an amortization schedule providing that--
(A) interest on a principal increment of the loan
will commence on the date of the dispersal of the
principal increment of the loan;
(B) no payment of principal or interest on a
principal increment of the loan will be required for at
least 5 years after the date of the dispersal of the
principal increment of the loan;
(C) once payments of principal and interest
commence pursuant to subparagraph (B), such payments
will be made on a semi-annual basis; and
(D) all interest and principal on each principal
increment of the loan will be paid not later than the
completion of the term of the loan with respect to such
principal increment of the loan.
(4) The proceeds of the loan shall be dispersed only to the
Ministry of Atomic Energy of the Russian Federation.
(5) The lender may, upon default of the Government of the
Russian Federation on the loan, exercise the option described
in subsection (e)(3).
(e) Loan Security.--(1) As security for a loan guaranteed under
this section, the Government of the Russian Federation shall, for each
loan principal increment of $20,000,000, place 1.00 metric tons of
weapons-usable plutonium and 1.00 metric tons of weapons-usable highly
enriched uranium under International Atomic Energy Agency (IAEA)
safeguards at a facility in Russia. The placement of materials under
such safeguards as security for a principal increment of a loan shall
be completed before the dispersal of the principal increment of the
loan.
(2) As security for a loan guaranteed under this section, the
Government of the Russian Federation shall certify to the Secretary
that any materials placed under International Atomic Energy Agency
safeguards pursuant to paragraph (1) shall remain under such safeguards
indefinitely, including after the loan is paid off by the Government of
the Russian Federation.
(3)(A) In the event of a default on a loan guaranteed under this
section by the Government of the Russian Federation, the lender may,
with the approval of the Secretary, provide for the disposition or
utilization of materials placed under safeguards pursuant to paragraph
(1) as security for the loan to repay all or part of the loan.
(B) The disposition or utilization of materials under this
paragraph shall be in accordance with applicable International Atomic
Energy Agency safeguards regarding such materials, and such materials
may not, during the course of such disposition or utilization, be
removed from such safeguards.
(4) Materials placed under International Atomic Energy Agency
safeguards pursuant to paragraph (1) shall not be treated as part of
the 34.00 metric tons of weapons-grade plutonium to be used by the
Government of the Russian Federation largely as mixed oxide (MOX) fuel
under the Plutonium Disposition Agreement.
(f) Treatment of Guarantees Under Plutonium Disposition
Agreement.--The guarantee of any loan under this section shall not be
treated as a contribution to the Government of the Russian Federation
under the Plutonium Disposition Agreement.
(g) Prohibition on Collection of Fees.--The Secretary may not
impose or collect any fee in connection with the guarantee of a loan
under this section.
SEC. 4. SUPPORT OF INTERNATIONAL ATOMIC ENERGY AGENCY MATERIALS
SAFEGUARDS.
Of the amounts authorized to be appropriated or otherwise made
available to the Secretary of Energy each fiscal year for Materials
Protection Control and Accounting, not more than $15,000,000 shall be
available to the Secretary for purposes of covering the expenses of the
International Atomic Energy Agency (IAEA) in implementing and
maintaining safeguards under section 3(e) on materials providing
security for loans guaranteed under section 3.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Cost of Loan Guarantees.--For the cost of the loans guaranteed
under this Act as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661(a)), there is authorized to be appropriated
for fiscal years 2001 through 2004, such amounts as may be necessary.
(b) Cost of Administration.--There is hereby authorized to be
appropriated to the Secretary of Energy for fiscal year 2001,
$10,000,000 for purposes of activities under this Act, other than to
cover costs under subsection (a) and to cover expenses under section 4.
(c) Availability.--Amounts appropriated pursuant to the
authorizations of appropriations in subsections (a) and (b) shall
remain available until expended.
SEC. 6. DEFINITIONS
In this Act:
(1) Highly enriched uranium agreement.--The term ``Highly
Enriched Uranium Agreement'' means the Agreement Between the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched
Uranium Extracted from Nuclear Weapons, dated February 18,
1993.
(2) Nuclear nonproliferation treaty.--The term ``Nuclear
Nonproliferation Treaty'' means the Treaty on the
Nonproliferation of Nuclear Weapons, as opened for signature
July 1, 1968.
(3) Plutonium disposition agreement.--The term ``Plutonium
Disposition Agreement'' means the Agreement Between the
Government of the United States of America and the Government
of the Russian Federation Concerning the Management and
Disposition of Plutonium Designated As No Longer Required for
Defense Purposes and Related Cooperation, signed by the United
States on September 1, 2000.
SEC. 7. TERMINATION OF AUTHORITY.
The authority of the Secretary of Energy to guarantee loans under
this Act shall terminate on December 31, 2003. The termination of
authority to guarantee loans under this section shall not affect the
validity of any guarantee made under this Act before that date. | Makes eligible for such guarantees any loan by a private lender to the GRF the proceeds of which are to be used for one or both of the following purposes: (1) support of GRF nuclear nonproliferation programs and activities; and (2) development of the energy infrastructure of the Russian Federation, including peaceful uses of nuclear energy in compliance with the Nuclear Nonproliferation Treaty. Denies guarantee eligibility for any loan whose proceeds are to be used for any purpose or activity under the Plutonium Disposition Agreement, including to cover the costs of the manufacture and use of mixed oxide (MOX) fuel in Russia under the Plutonium Disposition Agreement.
Requires the GRF, as security for each $20 million principal increment of a guaranteed loan, to place one metric ton of weapons-usable plutonium and one metric ton of weapons-usable highly enriched uranium under International Atomic Energy Agency (IAEA) safeguards at a facility in Russia.
Earmarks certain authorized appropriations to cover IAEA expenses in implementing and maintaining such safeguards.
Authorizes appropriations. | Russian Fissile Materials Disposition Loan Guarantee Act of 2000 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring the Effective Use of United
States Aid to Pakistan Act''.
SEC. 2. PROHIBITION ON PROVISION OF NON-SECURITY ASSISTANCE TO
PAKISTAN.
(a) Prohibition.--Notwithstanding any other provision of law,
assistance may not be provided to Pakistan under any provision of law
described in subsection (b).
(b) Provisions of Law.--The provisions of law referred to in
subsection (a) are the following:
(1) Sections 103, 105, 106, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of 1961
(``Development Assistance'').
(2) Chapter 4 of part II of the Foreign Assistance Act
(``Economic Support Fund'').
(3) Chapters 1 and 10 of part I of the Foreign Assistance
Act of 1961 for global health activities (``Global Health and
Child Survival'').
(4) The Foreign Assistance Act of 1961 for the promotion of
democracy globally (``Democracy Fund'').
(5) Section 491 of the Foreign Assistance Act of 1961
(``International Disaster Assistance'').
(6) Any provision of law that authorizes the Secretary of
State to provide a contribution to the International Committee
of the Red Cross, assistance to refugees, including
contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and
other activities to meet refugee and migration needs
(``Migration and Refugee Assistance'').
(7) Section 2(c) of the Migration and Refugee Assistance
Act of 1962 (``United States Refugee and Migration Assistance
Fund'').
(8) Title I of the Food for Peace Act (7 U.S.C. 1701 et
seq.) (relating to sales of agricultural commodities for
economic assistance and food security) and title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) (relating to grants to
provide agricultural commodities under emergency and private
assistance programs).
(9) Section 416(b) of the Agricultural Act of 1949 (7
U.S.C. 1431(b)) (relating to furnishing agricultural
commodities for carrying out programs of assistance in
developing countries and friendly countries).
(10) Title I of the Enhanced Partnership with Pakistan Act
of 2009 (relating to democratic, economic, and development
assistance for Pakistan).
(11) Any other related or similar provision of law,
including any provision of law authorizing contributions to
international organizations.
(c) Applicability.--The prohibition on assistance to Pakistan under
section 2(c) of the Migration and Refugee Assistance Act of 1962, as
described in subsection (b)(7) of this section, shall apply
notwithstanding section 2(f) of the Migration and Refugee Assistance
Act of 1962.
SEC. 3. REQUIREMENTS FOR PROVISION OF SECURITY ASSISTANCE TO PAKISTAN.
(a) Requirements.--Assistance may be provided to Pakistan under any
provision of law other than the provisions of law described in section
2(b) only during a period for which a certification described in
subsection (b) or a recertification described in subsection (c) is in
effect.
(b) Certification.--A certification referred to in subsection (a)
is a certification transmitted by the President to Congress that
contains a determination of the President that the Government of
Pakistan--
(1) is cooperating with the United States in efforts
against Al Qaeda, the Taliban, and associated terrorist groups,
including prevention of such groups from carrying out cross-
border attacks on neighboring countries;
(2) does not impede United States counterterrorism efforts;
and
(3) will use the assistance solely for the purpose of
border security, counter-terrorism, and law enforcement
activities directed against Al Qaeda, the Taliban, and
associated terrorist groups.
(c) Recertifications.--Not later than 90 days after the date on
which the President transmits to Congress an initial certification
under subsection (b), and every 6 months thereafter--
(1) the President shall transmit to Congress a
recertification that the conditions described in subsection (b)
are continuing to be met; or
(2) if the President is unable to make such a
recertification, the President shall transmit to Congress a
report that contains the reasons therefor.
(d) Rule of Construction.--The conditions described in subsection
(b) are in addition to the conditions contained in any provision of law
other than the provisions of law described in section 2(b) for the
provision of assistance to Pakistan.
SEC. 4. EFFECTIVE DATE.
(a) In General.--This Act takes effect on the date of the enactment
of this Act.
(b) Applicability.--
(1) Section 2.--Section 2 applies with respect to amounts
allocated for assistance to Pakistan under the provisions of
law described in section 2(b) on or after the date of the
enactment of this Act.
(2) Section 3.--Section 3 applies with respect to amounts
allocated for assistance to Pakistan under any provision of law
other than the provisions of law described in section 2(b) for
each fiscal year beginning on or after the date of the
enactment of this Act. | Ensuring the Effective Use of United States Aid to Pakistan Act - Prohibits assistance to Pakistan under specified provisions of law.
Authorizes other assistance to Pakistan only during a period for which the President certifies (or recertifies) to Congress that the government of Pakistan: (1) is cooperating with the United States in efforts against Al Qaeda, the Taliban, and associated terrorist groups; (2) does not impede U.S. counterterrorism efforts; and (3) will use the assistance solely for the purpose of border security, counter-terrorism, and law enforcement activities directed against Al Qaeda, the Taliban, and associated terrorist groups. | To prohibit non-security assistance to Pakistan, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Technology and Research
Act of 2010''.
SEC. 2. FEDERAL OIL SPILL RESEARCH COMMITTEE.
(a) In General.--Section 7001 of the Oil Pollution Act of 1990 (33
U.S.C. 2761) is amended to read as follows:
``SEC. 7001. FEDERAL OIL SPILL RESEARCH COMMITTEE.
``(a) Establishment.--There is established a committee, to be known
as the `Federal Oil Spill Research Committee' (referred to in this
section as the `Committee').
``(b) Membership.--
``(1) Composition.--The Committee shall be composed of--
``(A) at least 1 representative of the National
Oceanic and Atmospheric Administration;
``(B) at least 1 representative of the Coast Guard;
``(C) at least 1 representative of the
Environmental Protection Agency; and
``(D) at least 1 representative of each of such
other Federal agencies as the President considers to be
appropriate.
``(2) Chairperson.--The Under Secretary of Commerce for
Oceans and Atmosphere (referred to in this section as the
`Under Secretary') shall designate a Chairperson from among
members of the Committee who represent the National Oceanic and
Atmospheric Administration.
``(3) Meetings.--At a minimum, the members of the Committee
shall meet once each quarter.
``(c) Duties of the Committee.--
``(1) Research.--The Committee shall--
``(A) coordinate a comprehensive program of oil
pollution research, technology development, and
demonstration among the Federal agencies, in
cooperation and coordination with industry,
institutions of higher education, research
institutions, State governments, tribal governments,
and other countries, as the Committee considers to be
appropriate; and
``(B) foster cost-effective research mechanisms,
including the joint funding of research.
``(2) Reports on current state of oil discharge prevention
and response capabilities.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Oil Spill Technology and
Research Act of 2010, the Committee shall submit to
Congress a report on the state of oil discharge
prevention and response capabilities that--
``(i) identifies current research programs
conducted by governments, universities, and
corporate entities;
``(ii) assesses the current status of
knowledge on oil pollution prevention,
response, and mitigation technologies;
``(iii) establishes national research
priorities and goals for oil pollution
technology development relating to prevention,
response, mitigation, and environmental
effects;
``(iv) identifies regional oil pollution
research needs and priorities for a coordinated
program of research at the regional level
developed in consultation with the State and
local governments and Indian tribes;
``(v) assesses the current state of
discharge response equipment, and determines
areas in need of improvement, including with
respect to the quantity, age, quality, and
effectiveness of equipment, or necessary
technological improvements;
``(vi) assesses--
``(I) the current state of real-
time data available to mariners,
including data on water level,
currents, and weather (including
predictions); and
``(II) whether a lack of timely
information increases the risk of oil
discharges; and
``(vii) includes such other information or
recommendations as the Committee determines to
be appropriate.
``(B) 5-year updates.--Not later than 5 years after
the date of enactment of the Oil Spill Technology and
Research Act of 2010, and every 5 years thereafter, the
Committee shall submit to Congress a report updating
the information contained in the previous report
submitted under subparagraph (A).
``(d) Research and Development Program.--
``(1) In general.--In carrying out the duties of the
Committee under subsection (c)(1), the Committee shall
establish a program to conduct oil pollution research and
development.
``(2) Program elements.--The program established under
paragraph (1) shall provide for research, development, and
demonstration of new or improved technologies and methods that
are effective in preventing, detecting, or responding to,
mitigating, and restoring damage from oil discharges and that
protect the environment, including each of the following:
``(A) High priority research areas described in the
reports under subsection (c)(2).
``(B) Environmental effects of acute and chronic
oil discharges on coastal and marine resources,
including impacts on protected areas and protected
species.
``(C) Long-term effects of major discharges and the
long-term cumulative effects of smaller endemic
discharges.
``(D) New technologies to detect accidental or
intentional overboard discharges.
``(E) Response, containment, and removal
capabilities, such as improved booms, oil skimmers, and
storage capacity.
``(F) Oil discharge risk assessment methods,
including the identification of areas of high risk and
potential risk reductions for the prevention of
discharges.
``(G) Capabilities for predicting the environmental
fate, transport, and effects of oil discharges,
including prediction of the effectiveness of discharge
response systems to contain and remove oil discharges.
``(H) Methods to restore and rehabilitate natural
resources and ecosystem functions damaged by oil
discharges.
``(I) Research and training, in consultation with
the National Response Team, to improve the ability of
industry and the Federal Government to remove an oil
discharge quickly and effectively.
``(J) Oil pollution technology evaluation.
``(K) Any other priorities identified by the
Committee.
``(3) Implementation plan.--
``(A) In general.--Not later than 180 days after
the date of submission of the report under subsection
(c)(2)(A), the Committee shall submit to Congress a
plan for the implementation of the program required by
paragraph (1).
``(B) Assessment by national academy of sciences.--
The Chairperson of the Committee, acting through the
Administrator of the National Oceanic and Atmospheric
Administration, shall enter into an arrangement with
the National Academy of Sciences under which the
National Academy of Sciences shall--
``(i) provide advice and guidance in the
preparation and development of the plan
required by subparagraph (A); and
``(ii) assess the adequacy of the plan as
submitted, and submit a report to Congress on
the conclusions of the assessment.
``(e) Grant Program in Support of Research and Development
Program.--
``(1) In general.--The Under Secretary of Commerce shall
manage a program of competitive grants to universities or other
research institutions, or groups of universities or research
institutions, for the purposes of conducting the program
established under subsection (d).
``(2) Applications and conditions.--In conducting the
program, the Under Secretary--
``(A) shall establish a notification and
application procedure;
``(B) may establish such conditions and require
such assurances as are appropriate to ensure the
efficiency and integrity of the grant program; and
``(C) may provide grants under the program on a
matching or nonmatching basis.
``(f) Advice and Guidance.--
``(1) In general.--The Committee shall accept comments and
input from State and local governments, Indian tribes, industry
representatives, and other stakeholders in carrying out the
duties of the Committee under subsection (c).
``(2) Advisory council.--The Committee may establish an
Advisory Council consisting of nongovernment experts and
stakeholders for the purpose of providing guidance to the
Committee on matters under this section.
``(g) Facilitation.--The Committee may develop joint partnerships
or enter into memoranda of agreement or memoranda of understanding with
institutions of higher education, States, and other entities to
facilitate the research program required by subsection (d).
``(h) Annual Reports.--Not later than 1 year after the date of
enactment of the Oil Spill Technology and Research Act of 2010, and
annually thereafter, the Chairperson of the Committee shall submit to
Congress a report that describes--
``(1) the activities carried out under this section during
the preceding fiscal year; and
``(2) the activities that are proposed to be carried out
under this section for the fiscal year during which the report
is submitted.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce to carry out this section--
``(1) $200,000 for fiscal year 2010, to remain available
until expended, for use in entering into arrangements with the
National Academy of Sciences and for paying other expenses
incurred in developing the reports and research program under
this section; and
``(2) $2,000,000 for each of fiscal years 2010 through
2012, to remain available until expended.''.
(b) Termination of Authority of Interagency Committee.--
(1) In general.--The Interagency Coordinating Committee on
Oil Pollution Research established under section 7001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2761) (as in effect on the
day before the date of enactment of this Act), and all
authority of that Committee, terminate on the date of enactment
of this Act.
(2) Funding.--Any funds made available for the Interagency
Coordinating Committee on Oil Pollution Research described in
paragraph (1) and remaining available as of the date of
enactment of this Act shall be transferred to and available for
use by the Federal Oil Spill Research Committee (as established
by the amendment made by subsection (a)), without further
appropriation or fiscal year limitation.
SEC. 3. RESPONSE PLAN UPDATE REQUIREMENT.
Section 311(j)(5) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(5)) is amended--
(1) in subparagraph (D)--
(A) by striking clause (v) and inserting the
following:
``(v)(I) be updated at least every 5 years;
``(II) require the use of the best
available technology and methods to contain and
remove, to the maximum extent practicable, a
worst-case discharge (including a discharge
resulting from fire or explosion), and to
mitigate or prevent a substantial threat of
such a discharge; and
``(III) be resubmitted for approval upon
each update (which shall be considered to be a
significant change to the response plan) under
this clause;'';
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vii) include planned and demonstrated
investments in research relating to oil
discharges, risk assessment, and development of
technologies for oil discharge response and
prevention.''; and
(2) by adding at the end the following:
``(J) Technology standards.--The Coast Guard may
establish requirements and issue guidance for the use
of best available technology and methods under
subparagraph (D)(v), which technology and methods shall
be based on performance metrics and standards, to the
maximum extent practicable.''.
SEC. 4. OIL DISCHARGE TECHNOLOGY INVESTMENT.
(a) In General.--The Secretary of the Department in which the Coast
Guard is operating (referred to in this section as the ``Secretary'')
shall establish a program for the formal evaluation and validation of
oil pollution containment and removal methods and technologies.
(b) Approval.--
(1) In general.--The program shall establish a process for
new methods and technologies to be submitted, evaluated, and
gain validation for use in responses to discharges of oil and
inclusion in response plans.
(2) Consideration of capability.--Following each validation
of a method or technology described in paragraph (1), the
Secretary shall consider whether the method or technology meets
a performance capability warranting designation of a new
standard for best available technology or methods.
(3) Lack of validation.--The lack of validation of a method
or technology under this section shall not preclude--
(A) the use of the method or technology in response
to a discharge of oil; or
(B) the inclusion of the method or technology in a
response plan.
(c) Technology Clearinghouse.--Each technology and method validated
under this section shall be included in the comprehensive list of
discharge removal resources maintained through the National Response
Unit of the Coast Guard.
(d) Consultation.--In carrying out this section, the Secretary
shall consult with--
(1) the Secretary of the Interior;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) the Administrator of the Environmental Protection
Agency; and
(4) the Secretary of Transportation. | Oil Spill Technology and Research Act of 2010 - Amends the Oil Pollution Act of 1990 to replace provisions establishing the Interagency Coordinating Committee on Oil Pollution Research with provisions establishing a Federal Oil Spill Research Committee for the same purpose.
Requires the Committee to: (1) submit to Congress within 180 days and update every five years a report on the state of oil discharge prevention and response capabilities; (2) establish an oil pollution research and development program that provides for research, development, and demonstration of technologies and methods that are effective in preventing, detecting, responding to, mitigating, and restoring damage from oil discharges and that protect the environment; and (3) submit a plan for the implementation of such program to Congress within 180 days after submitting such report.
Requires the Under Secretary of Commerce for Oceans and Atmosphere to: (1) designate a Chairperson from among committee members; and (2) manage a program of competitive grants to universities or research institutions for conducting such program.
Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require vessel and facility response plans for responding to a worst case discharge of oil or a hazardous substance to: (1) be updated at least every five years and resubmitted for approval upon each update; (2) require the use of the best available technology and methods to contain and remove a worst-case discharge and to mitigate or prevent a substantial threat of such a discharge; and (3) include investments in research relating to oil discharges, risk assessment, and development of technologies for oil discharge response and prevention.
Requires: (1) the Secretary of the Department in which the Coast Guard is operating to establish a program for the formal evaluation and validation of oil pollution containment and removal methods and technologies; and (2) each technology and method validated to be included in the comprehensive list of discharge removal resources maintained through the Coast Guard's National Response Unit. | A bill to amend the Oil Pollution Act of 1990 to establish the Federal Oil Spill Research Committee and to amend the Federal Water Pollution Control Act to include in a response plan certain planned and demonstrated investments in research relating to discharges of oil and to modify the dates by which a response plan is required to be updated. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Right to Decide Protection
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) HPV, the human papillomavirus, is the most common
sexually transmitted infection in the United States. HPV types
16 and 18 cause about 70 percent of cervical cancers. The
Centers for Disease Control and Prevention estimates that about
6,200,000 Americans become infected with HPV each year and that
over half of all sexually active men and women become infected
at some time in their lives. On average, there are 9,710 new
cases of cervical cancer and 3,700 deaths attributed to it in
the United States each year.
(2) Early detection is the key to diagnosing and curing
cervical cancer, and therefore the Food and Drug Administration
(FDA) recommends that all women get regular Pap tests. The Pap
test looks for cell changes caused by HPV, so the cervix can be
treated before the cells turn into cancer. The FDA also states
the Pap test can also find cancer in its early stages so it can
be treated before it becomes too serious, and reaches the
conclusion that it is rare to die from cervical cancer if the
disease is caught early.
(3) On June 8, 2006, the FDA approved Gardasil, the first
vaccine developed to prevent cervical cancer, precancerous
genital lesions, and genital warts due to human papillomavirus
(HPV) types 6, 11, 16, and 18. Gardasil is a recombinant
vaccine, it does not contain a live virus, and it is given as
three injections over a six-month period. The vaccine is
approved for use in females 9-26 years of age. However, the FDA
also states that since the vaccine is new, more studies need to
be done to determine how long women will be protected from HPV.
For example, the FDA does not know if a booster is needed after
a couple of years to ensure continuity of protection.
(4) As detailed by the FDA, four studies were conducted in
21,000 women, one in the United States and three multinational,
to show how well Gardasil worked in women between the ages of
16 and 26. The study period was not long enough for cervical
cancer to develop; however, preventing cervical precancerous
lesions is believed highly likely to result in the prevention
of cervical cancer.
(5) In January 2007 the Advisory Committee on Immunization
Practices (ACIP), under the Centers for Disease Control and
Prevention, issued changes to the previous childhood and
adolescent immunization schedule. The ACIP recommends the new
human papillomavirus vaccine (HPV) to be administered in a 3-
dose schedule with the second and third doses administered 2
and 6 months after the first dose. Routine vaccination with HPV
is recommended for females aged 11-12 years, the vaccination
series can be started in females as young as age 9 years, and a
catch up vaccination is recommended for females aged 13-26
years who have not been vaccinated previously or who have not
completed the full vaccine series.
(6) In July 2008 Judicial Watch, a Washington-based public
interest group, reported that there have been close to 9,000
health complaints as a result of Gardasil. These complaints
have surfaced because Gardasil recipients have experienced
everything from massive wart outbreaks to paralysis, and even
death in 18 cases.
(7) States historically have maintained the practice of
applying immunization recommendations to their school
admittance policies so as to protect schoolchildren from
outbreaks of contagious disease. The Association of American
Physicians and Surgeons states that there is no public health
purpose for mandating HPV vaccine for schoolchildren. HPV is a
sexually transmitted disease.
(8) With a number of states entertaining legislation which
takes the unprecedented step in requiring young girls to obtain
a vaccine for a disease that is not spread by casual contact in
order to attend school, many organizations and associations
have come out against mandatory HPV vaccine programs.
(9) The American College of Pediatricians and the
Association of American Physicians and Surgeons are opposed to
any legislation which would require HPV vaccination for school
attendance. They have stated that excluding children from
school for refusal to be vaccinated for a disease spread only
by intercourse is a serious, precedent-setting action that
trespasses on the right of parents to make medical decisions
for their children as well as on the rights of the children to
attend school.
(10) Federal funds should not be used to implement a
mandatory vaccine program for a disease that does not threaten
the public health of schoolchildren in the course of casual,
daily interaction between classmates and inserts the government
into the lives of children, parents, and physicians.
SEC. 3. PROHIBITION AGAINST FUNDING FOR MANDATORY HUMAN PAPILLOMAVIRUS
(HPV) VACCINATION PROGRAMS.
No Federal funds or other assistance may be made available to any
State or political subdivision of a State to establish or implement any
requirement that individuals receive vaccination for human
papillomavirus (HPV). | Parental Right to Decide Protection Act - Prohibits federal funds or other assistance from being made available to any state or political subdivision to establish or implement any requirement that individuals receive vaccination for human papillomavirus (HPV). | To prohibit Federal funding or other assistance for mandatory human papillomavirus (HPV) vaccination programs. |
SECTION 1. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the National
Land and Resources Management Commission established by section
2.
(2) Implementing bill.--The term ``implementing bill''
means a bill accompanying a report submitted to Congress by the
President under section 4(a).
(3) Land management agency.--The term ``land management
agency'' means--
(A) the Bureau of Land Management and Bureau of
Reclamation (with respect to land that has been
withdrawn from the public domain for use in connection
with water projects that have not been constructed as
of the date of enactment of this Act) of the Department
of the Interior; and
(B) the Forest Service of the Department of
Agriculture.
SEC. 2. NATIONAL LAND AND RESOURCES MANAGEMENT COMMISSION.
(a) Establishment.--There is established the National Land and
Resources Management Commission.
(b) Membership.--
(1) Appointment.--The Commission shall be composed of 9
members, of whom--
(A) 3 shall be appointed by the President;
(B) 3 shall be appointed by Speaker of the House of
Representatives; and
(C) 3 shall be appointed by the President pro
tempore of the Senate.
(2) Disqualification.--No person who is employed as an
officer or employee of a land management agency may serve on
the Commission while so employed.
(3) Term.--A member of the Commission shall be appointed
for the life of the Commission.
(4) Vacancies.--A vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(5) Compensation.--
(A) In general.--A member of the Commission who is
not an officer or employee of the United States shall
be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level
ES5 of the Senior Executive Schedule under section 5332
of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the
performance of the duties of the Commission.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the United States
shall serve without compensation in addition to that
received for the member's service as an officer or
employee of the United States.
(6) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from the member's home or regular place of
business in the performance of services for the Commission.
(c) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(d) Chairperson.--The Commission shall select a Chairperson from
among its members.
(e) Staff.--At the request of the Commission, the head of any
Federal department or agency may detail any of the personnel of the
department or agency to the Commission to assist the Commission in
carrying out its duties under this Act.
SEC. 3. DUTIES OF THE COMMISSION.
(a) Review and Report.--Not later than 2 years after the date on
which all of the members of the Commission have been appointed, the
Commission shall review, and submit to the President and Congress a
report
making recommendations for reforming, management of the public land by
the land management agencies.
(b) Matters To Be Addressed.--In the review and report under
subsection (a), the Commission shall--
(1) examine changes in law and management practices and
policies that should be adopted to--
(A) reduce administration and management overhead
costs by 50 percent and the overall costs of land
management by a minimum of 30 percent;
(B) devote a greater proportion of the land
management agencies' resources to the provision of
services in the field and a lesser proportion to
procedural and administrative matters;
(C) improve service to land and resource users;
(D) simplify land use planning requirements,
including the provision that any challenge to a land
use plan be made in the context of a challenge to a
specific action proposed to be taken under the plan and
not as a challenge to the plan on its face;
(E) simplify the administrative appeals process,
providing for no more than 1 level of intermediate
appeal of an initial land management agency's decision
before appeal to the head of the agency;
(F) provide that an administrative withdrawal of
public land from multiple use will expire after 5 years
subject to renewal only if the land management agency
makes appropriate findings justifying renewal of the
withdrawal; and
(G) consolidate the laws that apply specifically to
management of the public land and ensure that other
laws of general application are not applied with
respect to public land management in such a manner as
to impede the ability of the land management agencies
to achieve the objectives of the land management laws;
(2) review the patterns of Federal, State, and local public
and private ownership and control of land and consider possible
transfers of land (including transfers of ownership through
sales or exchanges of land between government entities and
private persons and transfers of administrative jurisdiction
between government entities) for the purpose of allowing the
most efficient and consistent management of the land and its
resources;
(3) propose the establishment of a single land management
agency in 1 of the executive departments or as an independent
agency to manage all of the land managed by the land management
agencies on the date of enactment of this Act, including--
(A) a recommended structure of such an agency with
regions or other subdivisions that recognize, to the
extent feasible, State boundaries and other boundaries
as appropriate;
(B) adjustment of the boundaries of special
management areas that preclude multiple use management,
but without any net loss of acreage that will remain
available for multiple use; and
(C) identification of matters that will need to be
addressed, such as maintenance of prior existing
rights, contracts, permits, and the like, to allow for
a smooth transition over a period of approximately 3
years; and
(4) include a draft implementing bill proposing such
amendments of the law as the Commission recommends.
(c) Hearings and Public Participation.--The Commission shall--
(1) hold hearings in all regions of the country in which
public land is situated; and
(2) solicit written public comment early in the proceedings
to learn the concerns of, and receive the benefit of ideas
from, the public.
SEC. 4. CONSIDERATION BY THE PRESIDENT AND CONGRESS.
(a) Consideration by the President.--Not later than 180 days after
receiving the report under section 3, the President shall--
(1) consider the report and make such modifications to the
report as the President considers to be necessary or
appropriate; and
(2) submit the report to Congress.
(b) Consideration by Congress.--
(1) Introduction.--Any member of the House of
Representatives or Senate may introduce an implementing bill in
the House of Representatives or Senate, respectively.
(2) Referral.--
(A) House.--An implementing bill that is introduced
in the House of Representatives shall be referred to
the Committee on Resources of the House of
Representatives.
(B) Senate.--An implementing bill that is
introduced in the Senate shall be referred to the
Committee on Energy and Natural Resources of the
Senate.
(3) Discharge.--If the committee to which an implementing
bill is referred has not reported the implementing bill by the
end of the 20-day period beginning on the date on which the
President submits the report to Congress under subsection (a),
the committee shall, at the end of that period, be discharged
from further consideration of the implementing bill, and the
implementing bill shall be placed on the appropriate calendar
of the House of Representatives or the Senate, as the case may
be.
(4) Consideration.--
(A) Motion to proceed to consideration.--
(i) Motion in order.--On or after the third
day after the date on which the committee to
which an implementing bill is referred has
reported, or has been discharged (under
paragraph (3)) from further consideration of,
the implementing bill, it is in order (even
though a previous motion to the same effect has
been disagreed to) for any member of the House
of Representatives or the Senate, respectively,
to move to proceed to the consideration of the
implementing bill (but only on the date after
the calendar day on which the member announces
to the House of Congress concerned the member's
intention to do so).
(ii) Waiver of points of order.--All points
of order against an implementing bill (and
against consideration of the implementing bill)
are waived.
(iii) Privilege.--A motion to proceed to
the consideration of an implementing bill is
highly privileged in the House of
Representatives and is privileged in the Senate
and is not debatable.
(iv) No amendment or postponement.--A
motion described in clause (iii) is not subject
to amendment, to a motion to postpone
consideration of the implementing bill, or to a
motion to proceed to the consideration of other
business.
(v) No motion to reconsider.--A motion to
reconsider the vote by which a
motion described in clause (iii) is agreed to
or not agreed to shall not be in order.
(vi) Consideration.--If a motion described
in clause (iii) is agreed to, the House of
Representatives or the Senate, as the case may
be, shall immediately proceed to consideration
of the implementing bill without intervening
motion, order, or other business, and the
implementing bill shall remain the unfinished
business of the House of Representatives or the
Senate, as the case may be, until disposed of.
(B) Debate.--
(i) Time.--Debate on an implementing bill
and on all debatable motions and appeals in
connection with an implementing bill shall be
limited to not more than 5 hours, which shall
be divided equally between those favoring and
those opposing the implementing bill.
(ii) No amendment.--An amendment to an
implementing bill is not in order.
(iii) Motion to limit debate.--A motion
further to limit debate on an implementing bill
is in order and not debatable.
(iv) No motion to postpone.--A motion to
postpone consideration of an implementing bill,
a motion to proceed to the consideration of
other business, or a motion to recommit the
implementing bill is not in order.
(v) No motion to reconsider.--A motion to
reconsider the vote by which an implementing
bill is agreed to or not agreed to is not in
order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on an implementing bill
and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
House of Representatives or the Senate, as the case may
be, the vote on final passage of the implementing bill
shall occur.
(D) Rulings.--Appeals from the decisions of the
Chair relating to the application of the rules of the
House of Representatives or of the Senate, as the case
may be, to the procedure relating to an implementing
bill shall be decided without debate.
(5) Consideration by other house.--
(A) Procedure.--If, before the passage by 1 House
of Congress of an implementing bill that was introduced
in that House, that House receives from the other House
an implementing bill--
(i) the implementing bill of the other
House shall not be referred to a committee and
may not be considered in the House that
receives it otherwise than on final passage
under clause (ii)(II); and
(ii)(I) the procedure in the House that
receives such an implementing bill with respect
to the implementing bill that was introduced in
that House shall be the same as if no
implementing bill had been received from the
other House; but
(II) the vote on final passage shall be on
the implementing bill of the other House.
(B) No consideration.--On disposition of an
implementing bill that is received by 1 House from the
other House, it shall no longer be in order to consider
such an implementing bill that was introduced in the
receiving House.
(6) Rules of the house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
House of Representatives and Senate, respectively, and
is deemed to be part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of
an implementing bill, and it supersedes other rules
only to the extent that it is inconsistent with such
rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
they relate 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. 5. AUTHORIZATION OF APROPRIATIONS.
There is authorized to be appropriated $600,000 to carry out this
Act. | Establishes the National Land and Resources Management Commission to review and submit to the President and the Congress a report making recommendations for reforming management of the public land by the land management agencies. Includes among matters to be addressed: (1) reducing overall land management costs by 30 percent; (2) transferring ownership or jurisdiction between government entities to allow the most efficient and consistent management of the land and its resources; (3) establishment of a single land management agency for all public land; and (4) a draft implementing bill.
Sets forth procedures for consideration of such report by the President and the Congress.
Authorizes appropriations. | A bill to establish a National Land and Resources Management Commission to review and make recommendations for reforming management of the public land, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Efficiency and E-Verify
Extension Act of 2008''.
SEC. 2. RECAPTURE OF IMMIGRANT VISAS LOST TO BUREAUCRATIC DELAY.
(a) Worldwide Level of Employment-Based Immigrants.--Section 201(d)
of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to
read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--The worldwide level of employment-based
immigrants under this subsection for a fiscal year is equal to
the sum of--
``(A) 140,000, plus
``(B) the number computed under paragraph (2), plus
``(C) the number computed under paragraph (3).
``(2) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of employment-based
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas actually issued under
section 203(b), subject to this subsection, during the
previous fiscal year.
``(3) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels of
employment-based immigrant visas established
for each of fiscal years 1992 through 2007; and
``(ii) the number of visas actually issued
under section 203(b), subject to this
subsection, during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(b), subject to this
subsection.''.
(b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended to
read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) In general.--
``(A) Base level.--Subject to subparagraph (B), the
worldwide level of family-sponsored immigrants under
this subsection for a fiscal year is equal to--
``(i) 480,000 minus the number computed
under paragraph (2), plus
``(ii) the sum of--
``(I) the number computed under
paragraph (3), plus
``(II) the number computed under
paragraph (4).
``(B) Minimum.--In no case shall the number
computed under subparagraph (A)(i) be less than
226,000.
``(2) Number of certain aliens not subject to direct
numerical limitations.--The number computed under this
paragraph for a fiscal year is the number of aliens described
in subparagraph (A) or (B) of subsection (b)(2) who were issued
immigrant visas or who otherwise acquired the status of an
alien lawfully admitted to the United States for permanent
residence in the previous fiscal year.
``(3) Unused visa numbers from previous fiscal year.--The
number computed under this paragraph for a fiscal year is the
difference, if any, between--
``(A) the worldwide level of family-sponsored
immigrant visas established for the previous fiscal
year; and
``(B) the number of visas actually issued under
section 203(a), subject to this subsection, during the
previous fiscal year.
``(4) Unused visa numbers from fiscal years 1992 through
2007.--The number computed under this paragraph is the
difference, if any, between--
``(A) the difference, if any, between--
``(i) the sum of the worldwide levels
family-sponsored immigrant visas established
for fiscal years 1992 through 2007; and
``(ii) the number of visas actually issued
under section 203(a), subject to this
subsection, during such fiscal years; and
``(B) the number of unused visas from fiscal years
1992 through 2007 that were issued after fiscal year
2007 under section 203(a), subject to this
subsection.''.
(c) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of the enactment of this Act.
SEC. 3. EXTENSION OF THE CONRAD STATE 30 PROGRAM.
Subsection (c) of section 220 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416; 8 U.S.C. 1182
note) is amended by striking ``June 1, 2008'' and inserting ``June 1,
2013''.
SEC. 4. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.
(a) Regulations.--Not later than December 31, 2008, the Secretary
of Homeland Security shall issue final regulations to eliminate or
reduce fraud related to the granting of special immigrant status for
special immigrants described in subclause (II) or (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)).
(b) Extension.--Subclause (II) and subclause (III) of section
101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)) are amended by striking ``October 1, 2008,'' both
places such term appears and inserting ``October 1, 2011,''.
(c) Report.--Not later than September 30, 2010, the Inspector
General of the Department of Homeland Security shall submit to Congress
a report on the effectiveness of the regulations described in
subsection (a).
SEC. 5. EXTENSION OF THE BASIC PILOT PROGRAM.
Section 401(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking
``11-year period'' and inserting ``16-year period''.
SEC. 6. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2008, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 404 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), including (but not limited to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 404, but only that portion of such
costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the basic pilot
confirmation system established under such section;
(2) provide such funds quarterly in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Office of Inspector
General of the Social Security Administration and the
Department of Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2008, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note) shall be deemed in effect on an interim basis for such
fiscal year until such time as an agreement required under subsection
(a) is subsequently reached, except that the terms of such interim
agreement shall be modified by the Director of the Office of Management
and Budget to adjust for inflation and any increase or decrease in the
volume of requests under the basic pilot confirmation system. In any
case in which an interim agreement applies for any fiscal year under
this subsection, the Commissioner and the Secretary shall, not later
than October 1 of such fiscal year, notify the Committee on Ways and
Means, the Committee on the Judiciary, and the Committee on
Appropriations of the House of Representatives and the Committee on
Finance, the Committee on the Judiciary, and the Committee on
Appropriations of the Senate of the failure to reach the agreement
required under subsection (a) for such fiscal year. Until such time as
the agreement required under subsection (a) has been reached for such
fiscal year, the Commissioner and the Secretary shall, not later than
the end of each 90-day period after October 1 of such fiscal year,
notify such Committees of the status of negotiations between the
Commissioner and the Secretary in order to reach such an agreement.
SEC. 7. GAO STUDY OF BASIC PILOT CONFIRMATION SYSTEM.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a study regarding erroneous tentative nonconfirmations
under the basic pilot confirmation system established under section
404(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
(b) Matters To Be Studied.--In the study required under subsection
(a), the Comptroller General shall determine and analyze--
(1) the causes of erroneous tentative nonconfirmations
under the basic pilot confirmation system;
(2) the processes by which such erroneous tentative
nonconfirmations are remedied; and
(3) the effect of such erroneous tentative nonconfirmations
on individuals, employers, and Federal agencies.
(c) Report.--Not later than 2 years after the date of the enactment
of this Act, the Comptroller General shall submit the results of the
study required under subsection (a) to the Committee on Ways and Means
and the Committee on the Judiciary of the House of Representatives and
the Committee on Finance and the Committee on the Judiciary of the
Senate.
SEC. 8. GAO STUDY OF EFFECTS OF BASIC PILOT PROGRAM ON SMALL ENTITIES.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on the Judiciary of the United States
House of Representatives and the Senate a report containing the
Comptroller General's analysis of the effects of the basic pilot
program described in section 403(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) on small
entities (as defined in section 601 of title 5, United States Code).
The report shall detail--
(1) the costs of compliance with such program on small
entities;
(2) a description and an estimate of the number of small
entities enrolled and participating in such program or an
explanation of why no such estimate is available;
(3) the projected reporting, recordkeeping and other
compliance requirements of such program on small entities;
(4) factors that impact small entities' enrollment and
participation in such program, including access to appropriate
technology, geography, entity size, and class of entity; and
(5) the steps, if any, the Secretary of Homeland Security
has taken to minimize the economic impact of participating in
such program on small entities.
(b) Direct and Indirect Effects.--The report shall cover, and treat
separately, direct effects (such as wages, time, and fees spent on
compliance) and indirect effects (such as the effect on cash flow,
sales, and competitiveness).
(c) Specific Contents.--The report shall provide specific and
separate details with respect to--
(1) small businesses (as defined in section 601 of title 5,
United States Code) with fewer than 50 employees; and
(2) small entities operating in States that have mandated
use of the basic pilot program. | Visa Efficiency and E-Verify Extension Act of 2008 - Amends the Immigration and Nationality Act to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY2002-FY2007.
Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 minus the number of certain aliens not subject to direct numerical limitations plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY2002-FY2007. (States that such annual level shall not be less than 226,000.)
Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program through June 1, 2013.
Directs the Secretary of Homeland Security to issue final regulations to eliminate or reduce fraud in the special immigrant non-minister religious worker program by no later than December 31, 2008.
Amends the Immigration and Nationality Act to extend the special immigrant program for non-minister religious workers until October 1, 2011.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program) for five years.
Directs the Commissioner of Social Security and the Secretary, for fiscal years beginning on or after October 1, 2008, to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for interim funding continuation (based upon the latest agreement) if an agreement has not been reached by October 1 of a fiscal year.
Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities. | A bill to recapture family-sponsored and employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family-sponsored and employment-based immigrant visas in the future, and for other purposes. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Safety Net Hospital
Improvement Act of 2002''.
SEC. 2. COLLECTION OF DATA AND MODIFICATION OF DISPROPORTIONATE SHARE
MEDICARE PAYMENTS TO HOSPITALS SERVING VULNERABLE
POPULATIONS.
(a) Collection of Data.--Section 1886(d)(5)(F) of the Social
Security Act (42 U.S.C. 1395ww(d)(5)(F)) is amended by adding at the
end the following new clause:
``(xiv) The Secretary shall collect from each subsection (d)
hospital annual data on inpatient and outpatient charges, including all
such charges for each of the following categories:
``(I) All patients.
``(II) Patients who are entitled to benefits under part A
and are entitled to benefits (excluding any State
supplementation) under the supplemental security income program
under title XVI.
``(III) Patients who are entitled to (or, if they applied,
would be eligible for) medical assistance under title XIX or
child health assistance under title XXI.
``(IV) Patients who are beneficiaries of indigent care
programs sponsored by State or local governments (including
general assistance programs) which are funded solely by local
or State funds or by a combination of local, State, or Federal
funding.
``(V) The amount of charity care charges and bad debt.''.
(b) Modification.--Section 1886(d)(5)(F) of the Social Security Act
(42 U.S.C. 1395ww(d)(5)(F)), as amended by subsection (a), is amended--
(1) by striking all the matter preceding clause (xiv) and
inserting the following:
``(F)(i) The Secretary shall provide, in accordance with this
subparagraph, for an additional payment amount for each subsection (d)
hospital which serves a significantly disproportionate number of low-
income patients (as defined in clause (iv)).
``(ii) The amount of the payment described in clause (i) for each
discharge shall be determined by multiplying--
``(I) the sum of the amount determined under paragraph
(1)(A)(ii)(II) (or, if applicable, the amount determined under
paragraph (1)(A)(iii)) and, for cases qualifying for additional
payment under subparagraph (A)(i), the amount paid to the
hospital under subparagraph (A) for that discharge, by
``(II) the disproportionate share adjustment percentage
established under clause (iii) for the cost reporting period in
which the discharge occurs.
``(iii) The disproportionate share adjustment percentage for a cost
reporting period for a hospital is equal to (P-T)(C), where--
``(I) `P' is equal to the hospital's disproportionate
patient percentage (as defined in clause (v)) for the period;
``(II) `T' is equal to the threshold percentage established
by the Secretary under clause (iv); and
``(III) `C' is equal to a conversion factor established by
the Secretary in a manner so that, in applying such conversion
factor for cost reporting periods beginning in fiscal year
2002--
``(aa) the total of the additional payments that
would have been made under this subparagraph for cost
reporting periods beginning in fiscal year 2002 if the
amendment made by section 2(b) of the Medicare Safety
Net Hospital Improvement Act of 2002 had been in
effect; are equal to
``(bb) the total of the additional payments that
would have been made under this subparagraph for cost
reporting periods beginning in fiscal year 2002 if such
amendment was not in effect but if the disproportionate
share adjustment percentage (as defined in clause (iv)
(as in effect during such cost reporting periods)) for
all hospitals was equal to the percent determined in
accordance with the applicable formulae described in
clause (vii) (as so in effect).
The Secretary shall establish the conversion factor under subclause
(III) based upon the data described in clause (iv) that is collected by
the Secretary.
``(iv) For purposes of this subparagraph, a hospital `serves a
significantly disproportionate number of low-income patients' for a
cost reporting period if the hospital has a disproportionate patient
percentage (as defined in clause (v)) for that period which equals or
exceeds a threshold percentage, as established by the Secretary in a
manner so that, if the amendment made by section 2(b) of the Medicare
Safety Net Hospital Improvement Act of 2002 had been in effect for cost
reporting periods beginning in fiscal year 2002 and if the
disproportionate share adjustment percentage (as defined in clause (iv)
(as in effect during such periods)) for all hospitals was equal to the
percent determined in accordance with the applicable formulae described
in clause (vii) (as so in effect), 60 percent of subsection (d)
hospitals would have been eligible for an additional payment under this
subparagraph for such periods. The Secretary shall establish such
threshold percentage based upon the data described in clause (iv) that
is collected by the Secretary.
``(v) In this subparagraph, the term `disproportionate patient
percentage' means, with respect to a cost reporting period of a
hospital (expressed as a percentage)--
``(I) the charges described in subclauses (II) through (V)
of clause (vi) for such period; divided by
``(II) the charges described in subclause (I) of such
clause for such period.''; and
(2) by redesignating clause (xiv) as clause (vi).
(c) Conforming Amendments.--
(1) Medicare.--
(A) Qualified long-term care hospital.--Section
1886(b)(3)(G)(ii)(II) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(G)(ii)(II)) is amended by striking
``of at least 70 percent (as determined by the
Secretary under subsection (d)(5)(F)(vi))'' and
inserting ``under subsection (d)(5)(F)(v) equal to or
greater than an appropriate percentage (as determined
by the Secretary)''.
(B) Provider-based status.--Section 404(b)(2)(B) of
the Medicare, Medicaid, and SCHIP Benefits Improvement
and Protection Act of 2000 (114 Stat. 2763A-507), as
enacted into law by section 1(a)(6) of Public Law 106-
554, is amended by striking ``greater than 11.75
percent or is described in clause (i)(II) of such
section'' and inserting ``greater than an appropriate
percent (as determined by the Secretary)''.
(2) Medicaid.--Section 1923(c) of the Social Security Act
(42 U.S.C. 1396r-4(c)) is amended--
(A) in paragraph (1), by striking ``section
1886(d)(5)(F)(iv)'' and inserting ``section
1886(d)(5)(F)(iii)''; and
(B) by striking the second sentence.
(3) Public health service act.--Section 340B(a)(4)(L)(ii)
of the Public Health Service Act (42 U.S.C. 256b(a)(4)(L)(ii))
is amended to read as follows:
``(ii) for the most recent cost reporting
period that ended before the calendar quarter
involved--
``(I) in the case of a calendar
quarter involved that begins prior to
April 1, 2004, had a disproportionate
share adjustment percentage (as
determined under section 1886(d)(5)(F)
of the Social Security Act) greater
than 11.75 percent or was described in
section 1886(d)(5)(F)(i)(II) of such
Act; and
``(II) in the case of a calendar
quarter involved that begins on or
after April 1, 2004, had a
disproportionate share adjustment
percentage (as so determined) that is
greater than an appropriate percent, as
established by the Secretary in a
manner so that, with respect to the 12-
month period beginning on such date,
the number of hospitals that are
described in this subparagraph is the
same as, or greater than, the number of
hospitals that would have been
described in this subparagraph if the
Medicare Safety Net Hospital
Improvement Act of 2002 had not been
enacted; and''.
(d) Technical Amendments.--Section 1815(e)(1)(B) of the Social
Security Act (42 U.S.C. 1395g(e)(1)(B)) is amended--
(1) in the matter preceding clause (i), by inserting ``a''
before ``hospital''; and
(2) in clause (i), by striking ``(as established in clause
(iv) of such section)'' and inserting ``(as established in
section 1886(d)(5)(F)(iv), as in effect during fiscal year
1987)''.
(e) Effective Dates.--
(1) Collection.--The amendment made by subsection (a) shall
take effect on the date of enactment of this Act.
(2) Modification and conforming amendments.--The amendments
made by subsections (b) and (c) shall apply to payments for
discharges occurring on or after April 1, 2004.
(3) Technical amendments.--The amendments made by
subsection (d) shall take effect as if included in the
enactment of section 9311(a) of the Omnibus Budget
Reconciliation Act of 1986 (Public Law 99-509; 100 Stat. 1996). | Medicare Safety Net Hospital Improvement Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the annual collection of data on inpatient and outpatient charges and modification of disproportionate share Medicare payments with respect to each hospital serving vulnerable populations. | A bill to amend title XVIII of the Social Security Act to improve disproportionate share medicare payments to hospitals serving vulnerable populations. |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guantanamo Bay Detention Facility
Detention Act of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States is still in a global war on terror
and engaged in armed conflict with terrorist organizations, and
will continue to capture terrorists who will need to be
detained in a secure facility.
(2) Since 2002, enemy combatants have been captured by the
United States and its allies and detained in facilities at the
Guantanamo Bay Detention Facility (GTMO) at United States Naval
Station, Guantanamo Bay, Cuba.
(3) The United States has detained almost 800 al-Qaeda and
Taliban combatants at the Guantanamo Bay Detention Facility.
(4) More than 600 detainees have been tried, transferred,
or released from the Guantanamo Bay Detention Facility to other
countries.
(5) The last enemy combatant brought to the Guantanamo Bay
Detention Facility for detention was brought in June 2008.
(6) The military detention facilities at the Guantanamo Bay
Detention Facility meet the highest international standards,
and play a fundamental part in protecting the lives of
Americans from terrorism.
(7) The Guantanamo Bay Detention Facility is a state-of-
the-art facility that provides humane treatment for all
detainees, is fully compliant with the Geneva Convention, and
provides treatment and oversight that exceed any maximum-
security prison in the world, as attested to by human rights
organizations, the International Committee of the Red Cross,
Attorney General Holder, and an independent commission led
Admiral Walsh.
(8) The Guantanamo Bay Detention Facility is a secure
location away from population centers, provides maximum
security required to prevent escape, provides multiple levels
of confinement opportunities based on the compliance of
detainees, and provides medical care not available for a
majority of the population of the world.
(9) The Expeditionary Legal Complex (ELC) at the Guantanamo
Bay Detention Facility is the only one of its kind in the
world. It provides a secure location to secure and try
detainees charged by the United States Government, full access
to sensitive and classified information, full access to defense
lawyers and prosecution, and full media access by the press.
(10) The Guantanamo Bay Detention Facility is the single
greatest repository of human intelligence in the war on terror.
(11) The intelligence derived from the Guantanamo Bay
Detention Facility has prevented terrorist attacks and saved
lives in the past and continues to do so today.
(12) The intelligence obtained from questioning detainees
at the Guantanamo Bay Detention Facility includes information
on the following:
(A) The organizational structure of al-Qaeda, the
Taliban, and other terrorist groups.
(B) The extent of the presence of terrorists in
Europe, the United States, and the Middle East, and
elsewhere around the globe.
(C) The pursuit of weapons of mass destruction by
al-Qaeda.
(D) The methods of recruitment by al-Qaeda and the
locations of its recruitment centers.
(E) The skills of terrorists, including general and
specialized operative training.
(F) The means by which legitimate financial
activities are used to hide terrorist operations.
(13) Key intelligence used to find Osama bin Laden was
obtained at least in part through the use of enhanced
interrogation of detainees at the Guantanamo Bay Detention
Facility, with Leon Panetta, Director of the Central
Intelligence Agency, acknowledging that ``[c]learly some of it
came from detainees and the interrogation of detainees . . .''
and confirming that ``they used these enhanced interrogation
techniques against some of those detainees''.
SEC. 3. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA, OF HIGH-VALUE DETAINEES WHO WILL BE
DETAINED LONG-TERM.
(a) Requirement.--Each high-value enemy combatant who is captured
or otherwise taken into long-term custody or detention by the United
States shall, while under such detention of the United States, be
detained at the Guantanamo Bay Detention Facility (GTMO) at United
States Naval Station, Guantanamo Bay, Cuba.
(b) High-Value Enemy Combatant Defined.--In this section, the term
``high-value enemy combatant'' means an enemy combatant who--
(1) is a senior member of al-Qaeda, the Taliban, or any
associated terrorist group;
(2) has knowledge of an imminent terrorist threat against
the United States or its territories, the Armed Forces of the
United States, the people or organizations of the United
States, or an ally of the United States;
(3) has, or has had, direct involvement in planning or
preparing a terrorist action against the United States or an
ally of the United States or in assisting the leadership of al-
Qaeda, the Taliban, or any associated terrorist group in
planning or preparing such a terrorist action; or
(4) if released from detention, would constitute a clear
and continuing threat to the United States or any ally of the
United States. | Guantanamo Bay Detention Facility Detention Act of 2011 - Requires each high-value enemy combatant captured or otherwise taken into long-term custody or detention by the United States to, while under such U.S. detention, be detained at the Guantanamo Bay Detention Facility (GTMO) at U.S. Naval Station, Guantanamo Bay, Cuba.
Defines "high-value enemy combatant" as an enemy combatant who: (1) is a senior member of al-Qaeda, the Taliban, or any associated terrorist group; (2) has knowledge of an imminent terrorist threat against the United States or its territories, the U.S. Armed Forces, or U.S. people, organizations, or allies; (3) has, or has had, direct involvement in planning or preparing a terrorist action against the United States or a U.S. ally or in assisting the leadership of al-Qaeda, the Taliban, or any associated terrorist group in planning or preparing such a terrorist action; or (4) would, if released from detention, constitute a clear and continuing threat to the United States or any U.S. ally. | A bill to require the detention at United States Naval Station, Guantanamo Bay, Cuba, of high-value enemy combatants who will be detained long-term. |